Issue Archive · Open Access
Volume VI – Issue II / 2023
Articles · 328
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In India, OTT platforms are starting to run and gain popularity because young people are viewed as social media junkies. Web series have become platforms for promoting alcohol, smoking, tobacco, drugs, and weed without highlighting the negative consequences. Insomnia, melancholy, obesity, and eye disorders are becoming more common among young people. Youth academic achievement has also been impacted by web series. Thus, impacting their psychological health with social life. Second, there is no adequate law, guidelines, or regulations; therefore, the content exhibited on these platforms is uncontrolled. Several petitions have been made in courts trying to limit the information published on these platforms, such as Amazon and Netflix. No rule or authority is in place to pre-screen material on OTT services. In 2021, the Indian government issued new standards called the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, which attempt to control digital media and OTT services but do not address contemporary societal demands.3,461 views
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Are Independent Directors, Really Independent?
LL.M. Student at O.P Jindal Gobal Law School, O.P Jindal Global University, IndiaPages 15 - 18As a result of "lax monitoring leading to crises at major listed businesses," the need for independent directors has been underlined in India. As one of the leading information technology corporations in India, Satyam Computer Services Ltd. (Satyam) was embroiled in a significant accounting crisis in 2009, which resulted in the resignation of independent directors; it became clear that their position must be urgently reviewed. In addition, given their limited responsibilities within the firm, the Satyam crisis "revealed the rising necessity to determine exactly the threshold for identifying the accountability of independent directors for prevention and detection of fraud. This paper studies the reasons behind the need to incorporate the concept of Independent Directors in the Indian Corporate Governance System and the issues attached to this model.1,824 views -
Targeted Advertising: Ethical or Unethical? – A Content Analysis of Various Media Outlets and Users
Advocate at Office of Rohit Gupta, IndiaPages 19 - 32This paper examines the ethical implications of targeted advertising, a marketing strategy that utilises consumer data to deliver personalised ads to specific individuals. While some argue that targeted advertising is an effective and efficient way to reach consumers and improve business outcomes, others have raised concerns about its impact on privacy, autonomy, and discrimination. The paper reviews the existing literature on the topic and analyses the ethical dimensions of targeted advertising from multiple perspectives, including individual rights, societal values, and corporate responsibility. The study finds that while targeted advertising can provide benefits such as increased relevance and reduced clutter, it also raises significant ethical concerns related to privacy violations, algorithmic bias, and the manipulation of consumer behaviour. The paper discusses several ethical frameworks and principles, such as informed consent, transparency, and fairness, that can be used to evaluate the moral implications of targeted advertising and guide responsible business practices. Based on these insights, the paper concludes on the basis of empirical data conducted through google forms that form the basis of recommendations for policymakers, marketers, and consumers to promote the ethical and responsible use of targeted advertising in today's digital economy.3,364 views -
Md. Ajmal Md. Amir Kasab Abu v. State of Maharashtra
Student at Alliance University, IndiaPages 33 - 42The city of Mumbai witnessed menacing terrorist attack at the Taj Mahal on November 26, 2008, popularly known as the 26/11 attack; a team of 10 young terrorists pounced and bombarded the city of dreams at numerous places leaving the local residents terror-stricken and traumatised rest of the country. This attack left the country bearing the wounding loss of 166 human lives and grievously injuring 238 people. The impact of the attack would make anyone’s flesh creep. This event is still recognised as one of the hysteric dark periods of Indian History. A Pakistani patriotic, Mohammad Ajmal Amir Kasab (the only terrorist alive after the 26/11 attack), was prosecuted for various charges; the vital charges against him were conspiracy to wage war against the government, in possession of various arms to wage war against the government, waging and abetting to wage war against the government, committing murder against many people, a terrorist attack, abduction to murder, criminal conspiracy to commit the murder, dacoity to cause grievous hurt against people robbery. He seized himself with five Capital punishments along with the approximately equivalent figure of life imprisonment for committing an assorted number of heinous crimes. Among the departed martyr, there was a good rank of police officers, countless common public and many more innocent lives. Kasab entered the Indian frontier with possession of arms and weapons unlawfully accompanied by two other members of his group, intriguing to take numerous blameless lives and propitiously completing their target. The author behind the petrifying plan of destroying the masses was Lashkar-e-taiba; their chief agenda was to wage war against the Indians to set free Kashmir. The High Court of Maharashtra gave a stamp of approval for Kasab’s sentence in compliance with the law. The high court of Maharashtra awarded him the death penalty, belated two appeals were filed in the Supreme Court of India. Not a single lawyer was in a fit state to take hold of Kasab’s case as it was perspicuous that he was to be blamed for mentioned offences and would be punished rigorously.2,527 views -
Pages 43 - 57This research paper provides a comprehensive analysis of the Fair and Equitable Treatment (FET) standard in international investment law. It begins by tracing the historical evolution of FET and its different formulations, including the absence of any FET obligation, unqualified FET, FET linked to international law, and FET linked to the minimum standard of treatment of aliens under customary international law. The paper examines the NAFTA Free Trade Commission's Notes of Interpretation of 31 July 2001 and other treaties that have incorporated additional substantive content into the FET standard. Additionally, the paper analyses the Indian Model BIT and the FET standard, highlighting its differences from other BITs. The research paper also delves into the substantive contents of the FET standard, including the concept of legitimate expectations. It identifies the qualifying requirements for legitimate expectations and examines how investors' expectations can be balanced against legitimate regulatory action. Furthermore, the paper explores other interpretations of FET, such as the role of good faith, the prohibition of arbitrary conduct, and the role of customary international law. The paper concludes by highlighting the challenges that arise in the application of the FET standard, such as the lack of clarity in its formulation, the difficulty in balancing investor expectations and regulatory action, and the potential for the FET clause to become a "catch-all" provision for investors. Overall, this research paper provides a critical analysis of the FET standard in international investment law, highlighting its evolving interpretations, substantive contents, and challenges.1,240 views
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Copyrightability of Sports On-Field Celebration Moves
Advocate at Bar Council of Pubjab and Haryana, IndiaPages 58 - 65Messis’ celebration by Pointing of finger on each hand towards the sky, the ‘siiiiiii’ celebration of Ronaldo where he jumps, turns while being mid-air and lands in a wide-legged power stance, Nehra’s Airplane celebration, David warner’s signature leap, jumping ecstatically, Ravindra Jadeja’s celebration of swinging his bat like a sword are all an excellent example of steps for which the players are known and loved for. The ability to promote their personalities and enthral audiences both on and off the field by engaging in choreographed dances or celebration movements has increased these players' appeal and paved the road for them to do so. The problem arises, though, when third parties take advantage of their renown by adding pictures or sketches of such occasions to items like water bottles or t-shirts, unfairly abusing the athletes' grit and determination. While preserving the celebration's originality, allowing athletes to commercially exploit their own ideas gives them the opportunity to make money, which is particularly essential considering that the majority of athletes have short-lived careers. This article examines the scope of the copyright law of various jurisdictions to provide protection to sporting and on-field celebration moves, as well as the impact of providing protection in an area that was previously a field for fun and frolic, and transforming it into an individual's commercial venture.1,188 views -
Women constitute near half of the total population in India but they were vindicated within the symbiosis of cultural chauvinism where man supra-power rigidly controls the social and family system. Even in the case of tribal society in Northeast India the status of women are indifferent to that of mainland India. In Arunachal Pradesh, the government has set up legal institution to adjudicate laws including justice system on the violation of women’s rights and dignity. An attempt has been is made to understand the implications of rights and claims of the women section in relation to property vis-à-vis domestic violence, with special reference to three tribes: Khampti, Singpho and Mishmi of Namsai district of Arunachal Pradesh. The paper specifically focused on three major tribes in Namsai districts in the state of Arunachal Pradesh. A total sample of 450 women respondents 150 from three tribes namely Khampti, Singpho and Mishmi Based on the data collected from 150 women respondents of three tribes each, a total of 450 women respondents were interviewed using interview schedule from the study area. The method such as observation and interview were used to collect first hand information from the women respondents. from the study it was found that the Mishmi, and Khampti women respondents reported of not having any unwanted behaviour in of the co-workers at the workplace except Singpho women who reported (10%) of having unwanted behaviour like eve teasing, indecent comments, battering, physical and mental torture. The Mishmi women always experience physical act, mental torture and verbal abuse. The Mishmi respondents had a slight idea about dowry to be punishable under the law but among the tribes dowry is not practiced. It was found that all the women of three tribes have no right over any inherited property either movable or immovable according to the customary law. Among the Singpho society based on the data collected extramarital relationship, sexual exploitation, neglecting primary needs, etc. is rarely found in their society. The women respondents are aware of law related to sexual exploitation, human rights, dowry, violence, etc. The women respondents prefer the Indian law more than the customary law, as the customary law is not relevant in equal distribution of property and the property is always (100%) given to the son.1,051 views
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Social Stigma: A Push to Suicidal Ideation among LGBTQ Community
Student at Government Law College, Coimbatore, IndiaPages 82 - 90LGBTQ stands for lesbian, gay, bisexual, transgender, and queer. It is the natural human tendency to criticize anything which seems to be different from the common practice. Such criticism when ultra vires become an infringement. The violence and inequality shown in the LGBTQ community on the grounds of who they are, how they look, and who they love are unconstitutional as they are violative of the basic rights protected under the Article 14,15,19,21 of the Indian constitution. Gender identity and Sexual orientation are one's right to privacy that cannot be violated by any means of abuse or discrimination. The societal non-acceptance of the LGBTQ community puts them under depression, trauma, pessimistic approach towards life, which in turn pushes them into suicidal ideation. Based on the Suicides and Accidental Deaths report by NCRB (National Crime Records Bureau), the number of suicide-related deaths per one lakh people was twelve in 2021, that being the highest rate recorded in India. Many surveys have shown that suicidal ruminations are more prevalent in the LGBTQ community in particular. The Mental Health Care Act 2017 clears the stigma around Homosexuality as a mental illness. The Landmark judgment, which was delivered on 6 September 2018 in Navtej Singh Johar vs. Union of India (AIR 2018 SC 4321), has paved the way for societal acceptance of this vulnerable community by recognizing their emotions which were left aside all these days. In this instance, it was determined that IPC section 377 breached Articles 14, 15, 19, and 21 since it makes it illegal for competent adults to engage in consensual sexual activity in secret. Hon'ble Chief Justice Dipak Mishra applied the Doctrine of Progressive realization of rights in the instant case, which prevents regression.966 views -
Definition of the Child and its Fundamental Rights in the System of International Law based on the Provisions of the Convention on the Rights of the Child
Lecturer of Law and Political Science at Balkh University, AfghanistanPages 91 - 121The child has always been defined as one of the important strata of societies at the national and international level in the modern era. Countries and national and international organizations active in the field of child protection, realizing the importance of children and their rights, have long sought to protect children and their rights at the national and international levels, including the United Nations. The ally enjoys a high position in the protection of the child and his rights by ratifying various legal instruments, especially the ratification of the International Convention on the Rights of the Child. Understanding the importance of the child and its rights at the international level, this study sought to examine the definition of the child and the four fundamental rights proposed by the International Convention on the Rights of the Child in the international legal system. "What is the definition of the child and the four fundamental rights of the child as enshrined in the International Convention on the Rights of the Child in the international legal system?" The purpose of this study is to examine the definition of the child and the four fundamental rights proposed by the International Convention on the Rights of the Child in the international legal system. This research is based on analytical-comparative method and the method of collecting information of this research is also based on library method by referring to important documents of international law which include international declarations and international conventions related to the rights of the child. has taken. The research findings also indicate that the child is defined as the most vulnerable and important group in the international legal system and all four principles that are proposed as fundamental rights by the International Convention on the Rights of the Child with the exception of the Islamic Declaration of Human Rights which is an exception. It has advocated for the principle of protecting the views of the child, and the system has called on member states to uphold these fundamental rights of the child and to guarantee them in their jurisdiction.1,599 views -
Drug Abuse and Crimes: Can the Society Break the Connection with the Help of Laws?
Student at Maharashtra National Law University, Nagpur, IndiaPages 122 - 133Drug crimes and abuses are increasing in a society. This research opens up with the concept of drug crimes and abuses still existing in our society. This research clearly shows the problems with young generations who are deeply addicted and being a part of drug crimes and shows repercussions on our young generation. The author has carefully examined the issue and provides a concise description of each step of drug-related crimes and abuse that exists in contemporary society. Many teenagers use drugs "because others are doing it"—or because they are afraid of being rejected from their peer group of drug users. Addiction to alcohol and drugs can result from mental health difficulties. In this research the author discusses various causes and effects of drug abuses and also mentioned some remedies to solve this problem. The author has further discussed about the basic objective regarding the existing laws and their role in the community. Numerous factors link drugs and crime. The use, possession, manufacture, or distribution of drugs with an abuse potential is illegal in most states. Drugs with the ability to be abused include cocaine, heroin, marijuana, and amphetamines. The current study is being conducted in the Indian context to ascertain the causes and potential treatments on how drug abuses and crimes can be diminished in the society and to what extent this effects our younger generation.1,699 views -
How Artificial Intelligence is Enhancing Supply Chain Operations
Student at Amity University, Rajasthan, IndiaPages 134 - 141In this article we will see about How Artificial Intelligence is Enhancing Supply Chain Operations. Artificial intelligence (AI) is snappily getting an important part of force chain operations. Not only is AI suitable to help manage and optimize processes, but it's also suitable to identify and help implicit problems before they be. By using AI in your force chain, you can reduce the time and coffers demanded to address problems. In this post, we will bandy the benefits of using AI in your force chain and give a many exemplifications of how AI can be used. We'll also bandy the challenges that must be overcome in order to apply AI in a successful way. By the end of this post, you'll have a better understanding of the benefits and challenges of using AI in your force chain. In this article we talked about what are the preface to Artificial Intelligence and all the preface to Artificial Intelligence in Supply Chain Management, what are all the Benefits of using Artificial Intelligence in Supply Chain Management and hoe to take advantage of all those benefits, we will also talk about the Challenges of using Artificial Intelligence in Supply Chain Management and how to overcome these challenges and at last we will see about the Future of Artificial Intelligence in Supply Chain Management and see if we should you it or not.1,264 views -
Crestfallen Actuality of Section 295 (A) in India
Student at Baroda School of Legal Studies, The Maharaja Sayajirao University of Baroda, IndiaPages 142 - 147Indian Constitution is claimed to spread liberal democracy, and for the existence of the same, free speech needs to be the cornerstone. The Constitution of India gives every citizen of India the freedom of speech and expression under Article 19 1 (a). We are however restricted in the exercise of our rights by Article 19 (2), which permits the continued enforcement or enactment of any law impeding free speech, if it is on the grounds permitted under the clause. Thus, Section 295A has come into being. However, the existence of this section contradicts the concept of ‘secularism’ mentioned in our Constitution. It reads: S. 295A – Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or otherwise, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. T. In a society, where secularism and the freedom of speech has been guaranteed, then a section like Section 295 A does not make sense. Because the so called liberal society then guaranteed freedom of thought and speech. There should not be any ‘sanction’ from the state merely because somebody’s feelings are hurt or because someone is ‘outraged’. This entire section is ‘contrary’ to the freedom of speech.1,077 views -
Homosexuality is not crime in Hindu culture, yet it is considered unethical or anti- religious by conservatives. The term LGBTQ community is not considered compatible with societal norms. But human right activists always fought for this community which is necessary step for preventing discrimination against them. Sexual orientation and gender identity based discrimination has resulted into changes in existing laws for recognition of rights of this community. For example - Decriminalization of section 377 of IPC in India .1,355 views
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IBC: Past, Present and Future of the 2016 Code
Advocate in IndiaPages 154 - 164The Insolvency and Bankruptcy Code 2016 is the cornerstone of efforts to create an environment for healthy enterprises. The need for the code was felt as the last step after the adoption of the 1991 liberation and globalization policies of foreign entities in India that enabled multinational enterprises and establishment of the competition act of 2002 for a fair playing field for international and national competition. The final step towards a good business climate was the creation of an effective and trustworthy insolvency and bankruptcy system to make the right to leave accessible. The 'Insolvency and Bankruptcy Code 2016' is aimed at ensuring effective exit rights for international firms. IBC has played a significant role in establishing worldwide recognition of the quick and speedy mechanism which helped the improved the country’s image for business relations at global level. However, being nearly 7-year-old there is a long way for to go for the code. And being hit by the global pandemic has increased the pressure on machinery. The authors in this paper will briefly highlight the history of Insolvency and Bankruptcy laws In India and the developments which lead to the present Insolvency and Bankruptcy Code, working the IBC, its constitutional validity while discussing the major landmark judgments which lead to the present structure of the code. The authors would also touch upon the topic of cross border insolvency and provide suggestions on application of IBC in this ubiquitous era. The paper will rely on various reports and other instruments of legal doctrinal research.1,149 views -
Motherhood the Norm, Abortion an Exception: Let the Women Decide
Student at National Law School of India University, IndiaPages 165 - 174In the recent judgement of Dobbs v. Jackson Women’s Health Organisation 2022 U.S. LEXIS 3057, the U.S. Supreme Court overturned Roe v. Wade 410 U.S. 113 (1973), stripping many women of their right to abortion. This brings forth to the mainstream the question as to whether Abortion can be considered a part of body autonomy. Does the State, Medical Professional, and as a matter of fact, the Spouse has any right to sue the woman for an abortion. The author will be critically analysing the Medical Termination of Pregnancy (Amendment) Act, 2021. Is it progressive enough to break the cultural chains binding Indian Women. This paper shall consider all the pros and cons in the event of making the right of abortion absolute under the Right to Privacy. What would be the repercussion if Abortion was given as a right at will. If we accept certain limitations on this right, then can we agree on a universal period at which abortion shall be forbidden? The paper also seeks to find out whether the Amendment Act of 2021 falls short of right-based legislation. The disability activists accuse the Amendment of advancing eugenicist perception and the Ableist approach- the author shall analyse the said accusation as well.1,015 views -
Pages 175 - 185A legal framework that ensures the use of forensic science in a criminal justice system is imperative. It can accelerate criminal proceedings that take a longer period and ultimately augment the conviction or acquittal rate to a greater extent. This paper examines the legal basis of criminal investigation with the end result that the scope of the law on the use of forensic science investigation in Cameroon is pinpointed. The rules of investigation of offences in Cameroon is regulated by Law N° 2005 of 27 July 2005 on the Criminal Procedure Code. However, the origin of criminal law and procedure stems from Law No 96/06 of January 1996 to amend the Constitution of 2nd June 1972 considered as the highest law of the Republic. According to this Law, every accused person is presumed innocent until found guilty during a hearing conducted in strict compliance with the rights of defence. Law N0 2016/007 of 12/07/2016 relating to the Penal Code is the Criminal Law of the Republic which defines crime and punishment of offenses committed in the territory of Cameroon. It specifies the powers, functions and procedures of every institution involved in criminal adjudication. The criminal justice system consists of two main structures namely: The Judicial Police and the Legal Department. Investigations are carried out by the judicial police and gendarmes who are responsible for investigating offences, collecting evidence, identifying offenders and accomplices, and bringing them before the legal department. The legal department is the prosecuting arm in charge of all criminal matters. The Criminal Procedure Code contains provisions on the rules of evidence implying that forensic evidence could be helpful in shaping the process of proof in criminal investigations. In addition, the courts in Cameroon have used scientific evidence in some cases to supplement evidence which has already been adduced.1,522 views
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When a kid is adopted, his or her biological parents legally relinquish all parental rights and responsibilities to the adoptive parents. Multiple conditions and abilities must be met for an adoption to be legal. The process of adoption is governed by a codified set of rules and regulations. Progressive cultures, on the other hand, place a premium on maintenance, whether for the spouse or for children or other dependents. This area of the law is evolving and being updated to meet the changing requirements of the State. The purpose of this article is to describe all such laws in a concise but thorough manner. The Indian legal system has developed a number of important provisions that are discussed in this article. Additionally, an effort has been made to combine the substantive and procedural aspects of the law into a single body, with the hope that this would improve our ability to comprehend how these rules really operate.1,202 views
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Pages 193 - 205Biodiversity Conservation has assumed much importance in discussions across the Globe. Awareness regarding the loss of biodiversity due to unregulated anthropogenic activities has led the world fraternity to adopt several legal mechanisms and incentives to counter such losses. There had been ideological differences in selecting the most suitable approach for the conservation and sustainable utilization of Biological Resources to protect Global Biodiversity. One such ideology that has been lately recognized but globally accepted is that commercialization in a sustainable manner will ensure better conservation of Biological Resources. This ideology has led to the adaptation of several incentives and approaches for ensuring the regulated commercialization of Biological Resources or sustainable Bio-Trading, studying which have become very important, since if such incentives or approaches failed to regulate the commercialization of Biological Resources or Bio-Trading sustainably then it may lead to further exploitation of such Biological Resources. This article will therefore try to analyze the relationship between the conservation and commercialization of Biological Resources and the incentives and measures adopted at the global level for maintaining such a relationship.992 views
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Overlooked Plight of Prostitutes
Student at Sinhgad Law College, Pune, IndiaPages 206 - 213The only time society thinks of prostitutes is when they demean women. Prostitutes have always been considered filth of society. Prostitutes fight a lot of unsung wars with society and most importantly themselves. These prostitutes have to live with the fact that for better opportunities for their children and families, they have to sell a piece of their souls. Although the profession faces a lot of backlashes and it has always existed in the world. Prostitution is a necessary evil that maintains balance in society. Even in a country like India where the profession has technically been legalized, the very jobs which could bring structure to the profession and would reduce the exploitation of the workers have been criminalized by the government. Authors through this article are attempting to highlight the plight of prostitutes from a human rights perspective and a labour rights perspective. Due to the nature of the work, the profession is considered to be part of the unorganized sector, and challenges related to sex workers are similar that of the challenges faced by workers in the unorganized sector. Various laws in and around the country regarding prostitution can also be seen in the paper. To understand the concepts clearly, the meanings of various terms have also been explained in detail. The authors have also highlighted an international perspective on prostitution and labour laws as well.1,310 views -
Pages 214 - 224The rapid development and integration of artificial intelligence (AI) systems in modern society have raised concerns about the potential harm that these systems can cause. There is a growing need to establish legal responsibility and liability frameworks to ensure that individuals and organizations are held accountable for any harm caused by AI systems. The integration of artificial intelligence (AI) into various aspects of society has raised concerns about the potential harm that these systems can cause. This paper examines the legal responsibility for harm caused by AI systems and the need for effective liability frameworks. The paper provides a detailed analysis of the different types of liability that can be applied to AI systems, including tort law, product liability, and criminal liability. It also explores the challenges involved in applying traditional liability frameworks to autonomous systems, such as issues of intention and negligence, and proposes the potential application of strict liability to AI systems. The paper presents case studies of legal cases involving harm caused by AI and analyses the liability frameworks that were applied. The analysis highlights the complexities involved in determining legal responsibility for harm caused by autonomous systems. The paper also addresses the issue of algorithmic bias and its impact on liability for harm caused by AI, as well as the future considerations for liability frameworks as AI continues to advance and become more integrated into society. The paper concludes with recommendations for the development of effective liability frameworks that can keep pace with the rapid development and integration of AI systems. Overall, the paper highlights the importance of legal frameworks that ensure individuals and organizations are held responsible for any harm caused by AI systems.1,630 views
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Right to Environment v. Right to Development: A Jurisprudential Analysis
Assistant Professor of Law at Maharaja Ganga Singh University, Bikaner, IndiaPages 225 - 232The environment is a concept that is relative to whatever object it surrounds. The Environment Protection Act 1986 defines it as "environment includes water, air and land and the inter-relationship which exists among and between air, water and land and human beings, other living creatures, microorganisms and property." The World Health Organization has observed that over 70% of all human ailments are influenced by environmental deterioration. Environmental problems are affected by economic development, availability of natural resources, population, and lifestyle. The lack of policy enthusiasm towards the environment around the world, as also in India, has been based on the hypothesis that environmental degradation first increases with per capita Gross Domestic Product (GDP) and then declines. However, empirical investigations showed that the development path might not necessarily improve the environment. The decade 2000 was declared the First UN Decade to Combat Desertification.1,243 views -
Pages 233 - 249The application of restorative justice in the customary criminal justice system that emphasizes restoration to its original state and a balance of protection and interests of victims and perpetrators of crimes that are not only oriented towards punishment is a legal requirement of the community to improve the existing criminal justice system. Also, in harmony with the values of Pancasila, specifically the 4th Precept with the principle of deliberation to reach consensus which is filled with a spirit of kinship. The purpose of this study is to analyze the customary criminal justice system in Indonesia that has not regulated restorative justice regulations that are based on Pancasila and the mechanism for settling cases based on adat in Indonesia. The research method is descriptive analytical, this type of research is normative juridical research using primary data and secondary data. Secondary data includes primary legal materials, secondary legal materials, and tertiary legal materials. Settlement of criminal cases through restorative justice in indigenous and tribal peoples in Indonesia is based on local traditions and wisdom that still exist and apply in society, aiming to encourage the desire to live in harmony and peace. There is a tendency to resolve it amicably, resolving problem or conflict meaning that it does not need to be resolved to the courtroom. This stormy custom is recognized as quite effective and plays a role in creating security and peace.1,095 views
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Pages 250 - 289Abortion while being a common occurrence has remained a controversial issue as it has been viewed as something inherently evil and vicious both in the cultural as well as religious context. This attitude is further established by the laws and policies of some countries where abortion is seen as a criminal offence including Sri Lanka. Despite having very strict laws and instances upon which an abortion may be legally permitted, where the Sri Lankan law only allows an abortion to be carried out without attracting criminal liability when it is done in good faith to protect the life of the mother, the incidents of illegal abortions have risen dramatically over the years and it has posed serious questions concerning the rights of women inclusive of right to life and healthcare. This has led to the need of reforming the existing laws on abortions. Therefore, using a qualitative methodology with three selected case studies, this research seeks to propose recommendations at reforming the existing laws on abortion by utilizing a socio-legal approach. The results reveal that, while there have been many previous attempts at reforming the laws related to abortion, they have all failed and even such proposals have not really taken a wholistic approach at providing a viable solution to the problem. Case studies have revealed that mere relaxation of the grounds upon which an abortion may be permitted are very much insufficient in addressing the needs of those who seek an abortion. Therefore, it is recommended that issues such as availability of information regarding abortions, pre and post abortion care, support in the decision-making process as well as protecting the service providers and women who obtain abortions services are all vital considerations that needs to be considered in reforming the existing laws on abortion. Therefore, it is concluded that utilizing a socio-legal approach at addressing these issues is the best available mechanism for tackling this issue which would help to both protect and advance the rights of women regarding their bodily integrity and rights to self-determination.1,022 views
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The Gradual Replacement of French by English in Morocco
Docteur at Faculty of Economic and Social Legal Sciences, Agadir Ibn Zohr University Laboratory for Studies and Research in Economics and Management, MoroccoPages 290 - 296In Morocco, French has long been considered the foreign language reference, used in diplomacy, business, education and culture. However, in recent decades, English has begun to take on greater importance, particularly in the higher education and research sectors. This article examines the factors that have contributed to the rise of English in Morocco, including globalisation and the dominant position of English in business and technology. We also examine the implications of this change for French and for Moroccan society as a whole. We note that the gradual replacement of French by English reflects global trends in foreign languages, where English is increasingly seen as the language of international communication. However, we also highlight the potential consequences of this development for French, which risks losing its position as the language of reference in Morocco and seeing its use diminish in areas where it has traditionally been privileged. We conclude by stressing the importance of a clear and balanced language policy in Morocco, which takes into account the economic and cultural needs of the country while preserving the richness and diversity of Moroccan society.983 views -
Elevate Your Marketing Game: Invest in Custom Promotional Advertising
Student at Amity Law School, Amity University Rajasthan, IndiaPages 297 - 305Custom promotional merchandise advertisement is a marketing strategy that involves creating and distributing branded merchandise to target audiences. These products are typically branded with a company's logo, slogan, or other messaging, and can include a wide range of items such as t-shirts, pens, water bottles, and more. In this article, we will explore the benefits of custom promotional merchandise advertisement for businesses, including increased brand recognition, enhanced customer loyalty, and the potential for generating new leads and sales. Custom promotional merchandise can be a great way to introduce new products or services to customers, build customer loyalty, and attract potential customers to a business. To create a successful custom promotional merchandise advertisement campaign, businesses need to choose the right products, ensure branding consistency, and distribute products strategically. Real-world examples of successful campaigns include Starbucks' limited-edition line of branded merchandise featuring a popular phrase. We also discuss best practices for creating effective custom promotional advertising campaigns, including how to select the right products, design attractive and memorable branding materials, and distribute products to the right audiences. Finally, we explore real-world examples of successful custom promotional advertising campaigns, including how businesses have leveraged these campaigns to achieve their marketing objectives. Overall, this article provides a comprehensive overview of custom promotional advertising and its potential to be an asset for businesses looking to increase brand awareness and drive sales. This article demonstrates how custom promotional advertising can be an essential part of any successful marketing strategy.1,047 views -
Laws on Annual General Meeting: A Comparative Study of India and Singapore
Student at Amity Law School, Amity University, Uttar Pradesh, IndiaPages 306 - 311Transparency between shareholders and management is something very crucial since it helps the company in gaining the trust and confidence of the shareholders. An Annual General Meeting conducted once a year helps in ensuring transparency since most of the important aspects are discussed in the meeting. From announcing the dividends to the financial performance of the company, everything is discussed in the meeting. This allows the shareholders to seek justification for unsatisfactory performance and holds the management accountable to the shareholders and investors. While the objectives of holding an Annual General Meeting remain the same in every country, the laws majorly differ in every country. Every country has its own set of laws that govern the legal requirements related to Annual General Meetings. This research article aims to illustrate the difference in laws pertaining to Annual General Meetings in India and Singapore. In India, The legal provisions concerning Annual General Meetings are governed by the Companies Act, 2013, and are enshrined in Sections 96 to 99 of the Act. On the other hand, the same is governed by the Companies Act, 1967 in Singapore and is specified under Section 175 of the said Act.986 views -
Creating Sustained Competitive Advantage through Strategic Human Resources Management Practices: Conceptual Study
Student at Banasthali Vidyapith, IndiaPages 312 - 327This article discusses the role of strategic human resources management (SHRM) practices in creating sustained competitive advantage for organizations. It presents several conceptual models that illustrate the relationship between SHRM practices and competitive advantage. The models emphasize the importance of aligning HR strategies with the organization's overall business strategy, developing a high-performance work culture, and leveraging human capital to achieve long-term success. The article also highlights the critical role of leadership and HR professionals in implementing effective SHRM practices. Overall, this article provides insights into how organizations can use SHRM practices to gain a competitive edge and sustain it over time.951 views -
Decriminalisation of Attempt to Suicide
Student at School of Law, CHRIST University, Bengluru, IndiaPages 328 - 335Problems plague suicidal persons. These issues led to suicide. Punishment—not therapy. Before ending their life, one must try everything to fix it. After all else fails, suicide is contemplated. Imagine this guy miscalculated suicide time or poison. Since they survived, the state wants to imprison them. Emotional, professional, financial, or romantic issues may have caused suicide. Instead of labeling these people criminals, the state should try to understand what created such a tough choice and how to address it. Criminals. Avoid calling survivors "criminals." Only then can the state defend its citizens. Behavioral and psychiatric science should manage suicide attempts, not the courts. Suicide attempters should be helped by the legal system, not imprisoned. Instead of jailing suicide attempters. India's soaring suicide rate necessitates decriminalizing attempted suicide. High suicides. They're not criminals—they couldn't handle the load. Survivors should be supported by the state. The problem with locking up these people is that they won't get the care they need and may become mentally ill, which may cause problems in society. For the majority's sake, the state should cure them and bring them back to normal.1,056 views -
Women Rights in Hindu Succession Act 1956
Advocate, IndiaPages 336- 340Hindu succession amendment act 2005, gave change in the rights of woman in coparcenery as equal to male member. After 09-09-2005 women gets equal right in property. Every hindu female can use her property as absolute right and have full ownership of any property. After the judgment of supreme court in Vineeta Sharma vs. Rakesh Sharma any women will get equal status in property and same freedom as son, whether she born before of death of her father. Gender inequality regulation now has been changed. When the property to be inherited is ancestral property, shared equally from birth, either by the daughter or by the son. However, if the property is acquired by the father himself, he has the right to dispose of it as he sees fit. With regard to own property, the father can decide not to give the property to his son or daughter, he can choose to give it or give it to anyone. HSA amendment Act of 2005 made significant changes, which gave women the status of joint heirs. Article 30 of the 1956 law recalls this. Previously, only Hindu men could dispose of their property by will and now Hindu women have the same rights. The court chose between these two positions, first, to give women an equal right from birth to complicit liberty and paternal life, on the effective date of the amendment.1,354 views -
CIRP: More of Liquidation and Less of Resolution
Student at Sastra University, Thanjavur, IndiaPages 341 - 346The Insolvency and Bankruptcy Code 2016 has been enacted to ensure healthy credit flow and generation of new capital assets and a procedure known as Corporate Insolvency Resolution Process (CIRP) has been introduced to collect the defaulted loans from the corporate debtors. However the main aim of IBC and the whole process of CIRP being resolution, it is ending in liquidation in most of the cases when it comes to reality. So this article explains what is CIRP process and how it works and statistics showing that liquidation is happening in reality in most of the times than resolution which is the key background for enacting IBC and mainly focuses on the reasons behind failure of resolution process and explained key judicial pronouncements, recommendations and suggestions by various experts to overcome this problem of high liquidation – low resolution. So By identifying all the reasons behind failure of resolution process and by considering all the recommendations and suggestions mentioned in this article, adjudicating authorities and insolvency professionals must try to resolve the cases by way of resolution which is the main aim of CIRP procedure in IBC.1,023 views -
The Doctrine of Prospective Overruling: Legislative Analysis of Its Evolution & Application in India
Pages 347 - 362The paper will follow the evolution of the doctrine of prospective overruling to navigate its transition from American jurisprudence to Indian legal jurisprudence. The paper analyses the merit of the doctrine as its ability to take cognisance of social legal change while expounding on the transformation of law without prejudicing the citizenry who acted on the faith of prior judicial pronouncements and believed the law to be good. Chapter 2 of the paper will talk about the principle of stare decisis and how the principle was stringently construed over several decades to act as an impediment in adopting the doctrine of prospective overruling. Chapter 3 would elaborate on the evolution and interpretation of the doctrine of prospective overruling and resulting American courts' decisions. Chapter 4 of this paper would dwell on the process and rationale behind which the Indian courts imbibed the doctrine from American jurisprudence. Chapter 5 would explore the depths of the doctrine’s application in the Indian legal system and would dive into a plethora of cases involving different stands taken by the courts. Chapter 6 of this paper discusses the various criticisms the doctrine faces, both in India and America and the multiple rebuttals to these criticisms. These, in turn, help demonstrate how this doctrine is quintessential for the functioning of modern-day courts. Chapter 7 of this paper ends with the authors providing concluding thoughts and a summary of the paper while also highlighting the necessary merits of this doctrine.1,488 views -
Pages 363 - 375Federalism has been a point of contention in India for decades. The Indian constitution has been distinguished by both federal and unitary features. Because of the diverse nature of the features of the Indian Constitution, India is referred to as a "federation of its kind." The consolidation of federal policies and the recognition of diversity has contributed to the Indian democracy's uniqueness and dynamism. Judges have attempted to highlight the meaning of federalism and how the nature of federalism has evolved while issuing judgments in various cases. One of the fundamental characteristics of a federal state is the requirement for an autonomous body, such as the Supreme Court, to maintain the fragile balance of governing forces allocated between the centre and the constituent units and to reject any attempt by either faction to penetrate the territory entrusted to the other. The Indian courts, the Supreme Court, and the High Court play a critical role in establishing and evolving "Indian Federalism." This research paper thus comparatively analyses the role of the Supreme Court of India and the USA in light of Federalism and also the difference between Federalism in India to that of the USA.1,058 views
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Workplace Surveillance
Student of Ashoka University, IndiaPages 376 - 383This research paper investigates the factors behind the growing trend of workplace surveillance by employers in modern-day workspaces. The paper aims to understand the ways in which increased surveillance is altering the power dynamics and relationships between employers and employees. It draws on various sources, including websites, journals, and newspapers, and uses content analysis as a methodology. The research paper is divided into four parts, with the first section exploring traditional models developed by theorists to enhance worker efficiency. The second section examines the contemporary forms and tools of surveillance utilized in modern-day workplaces. The third section analyzes the changing dynamics between employers and employees resulting from increased surveillance. Finally, the fourth section proposes solutions to achieve a balance of interests between both parties.963 views -
Pages 384 - 393The most dehumanising act which affects not only the human body but also the dignity of women and reduces it to an animal existence is ‘rape’. The law regarding rape has evolved to a great extent, but yet it is not sufficient to deal with the present scenario. The situation in the world is not much different as the famous Oprah Winfrey once mentioned that she was raped by her relative during her childhood. The offence of rape is made punishable under national legislation but failed to find a place under international law. This paper will make an analysis of various international instruments to examine their effectiveness in curbing the offence of rape.1,149 views
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Preserving the Innocence: A Critical Study with Special Reference to POCSO Act, 2012
LL.M. student at KUK University, Kurukshetra, IndiaPages 394 - 405In India, several rights are given to children such as right to health, education, food and others under Constitution of India and several schemes and also number of child-centric legislations are enacted. Various acts committed against children have been made punishable under criminal and civil law. Despite these efforts, children are not secured completely in India. In the direction of protecting children from sexual abuse, The POCSO Act, 2012 was enacted. It criminalises various sexual acts committed against children below 18 years, irrespective of gender. But the law fails to achieve its objective absolutely. This paper makes an analysis of the silent features of the Act and its drawbacks and makes suggestions to overcome its loopholes.925 views -
The New Economically Weaker Sections Quota: The Changing Idea of Affirming Action
Student at The ICFAI University, Dehradun, IndiaPages 406 - 411Every person has the right to an education, regardless of their tribe, ethnicity, or faith. The Right to Education Act 2009 was put into effect by the Indian government as part of its effort to make primary school education free and required for everyone. A significant milestone that gave low-income income groups equitable access to getting their children accepted to private schools was the 10% allocation for the Economically Weaker Section (EWS) in all private schools, government schools, and higher education. The government's plan was well-received throughout India, and it helped a lot of pupils from poor socioeconomic backgrounds. By enacting the 124th Constitutional Amendment Bill in 2019, the Indian Government established a policy of giving allocations or limits to the Economically Weaker Section (EWS). The group will be chosen according to salary factors, the administration added. This paper will give an overview of how reservations for EWS came into existence, the definition of the EWS category, the criteria for falling under this category, the significance of the Amendment, changes brought in the Constitution, and the Supreme Court judgment on its validity.801 views -
Pages 412 - 435This research aims to observe how Constitutions and laws in Indonesia, the Philippines, and Malaysia regulate the role of the people in the local executive accountability system. Accountability, as an essential part of the local representative democratic system, contributes to preventing corruption and improving government responsiveness. However, designing an effective local accountability system in decentralised countries like Indonesia, the Philippines, and Malaysia poses challenges. The complexity of relations between accountability actors, the system for determining local chief executives, and the form of the state and the government system can affect the local accountability model. This comparative study evaluates the Constitutions and laws related to the role of citizens in the local accountability systems in these three neighbouring countries as they progress towards their commitment to enhancing local democracy. This study is carried out under the comparative qualitative methodological framework and utilises secondary sources for analysis. Based on the comparative expositions, Indonesia and Malaysia can learn from the political accountability adopted by the Philippines as it provides wide participation for the citizens to hold local chiefs accountable and features a strong punishment system through recall elections to increase responsiveness and responsibility of local chiefs in administering local government.1,160 views
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A Comprehensive Evaluation of the Reproductive Rights of Women in India and Its Impact on Women’s Health
Assistant Professor at Shyambazar Law College, Kolkata, IndiaPages 436 - 445The right to women’s health encompasses several rights, including the sexual and reproductive rights of women, the right to life, the right to freedom from torture, the right to privacy and education, as well as the right against discrimination. Thus issues relating to this right are a matter of international as well as national concern wherein the nations have a duty to protect and promote this right. However, instances of frequent violations of the reproductive rights of women can be seen despite their constitutional as well as human rights obligations to the nations for their protection and upliftment. The article focuses on the reasons for the violation of the reproductive rights of women in India and its consequences on the reproductive health of women. A discussion is made about the various international instruments like CEDAW 1979, ICCPR 1966, and ICESCR 1966, to mention a few among others that depict the right to health of women as a human right and also include their right to make reproductive choices as well as the constitutional aspects of the right to health focusing on the reproductive right and health of women. An analysis of some of the judicial decisions in India on the right to make reproductive choices, like the Puttaswamy judgment, Suchita Srivastava v. Chandigarh Administration and other related cases, is also made. Some of the laws existing in India that allow women to exercise their reproductive rights and to undergo abortion, like the Pre-Conception and Pre-Natal Diagnostic Techniques Act 1994 and the Medical Termination of Pregnancy Act 1971, are briefly discussed. Finally, a conclusive analysis is provided to understand whether in India the healthcare system has provided adequate facilities to protect the reproductive health of women and what loopholes, if any, exist in the system, concluding with suggestions that could help improve the situation.1,151 views -
Nexus between NFTs and Intellectual Property Law
LL.M. student at Jindal Global Law School, Sonipat, Haryana, IndiaPages 446 - 450NFTs have emerged as the "go-to" method for proving ownership of a variety of rare goods, including digital artefacts and artwork. Jack Dorsey, the former CEO of Twitter, sold his first tweet, "just setting up my twittr," as an NFT for more than $2.9 million. Eminem bought a "Bored Ape Yacht Club" NFT for $452k, making it his own NFT acquisition. A very fundamental but crucial question then arises: What is an NFT? Non-fungible tokens (NFTs) are assets that have been tokenised via a blockchain. They are given particular identifying numbers and metadata that set them apart from other tokens. Depending on how much the market and their owners are willing to pay for them, NFTs can be traded and exchanged for fiat currency, cryptocurrencies, or other NFTs. Owners of NFTs may include organisations with consumer-facing trademarks and logos, writers of books and screenplays, musicians, game developers, and even individuals who create actual works of art. There is a substantial possibility that these owners' rights will be violated because they are likely to share their assets with others, which they can use to create an NFT. NFTs do not, however, always come with IP rights. “There is a clear difference between owning an NFT and owning the underlying intellectual property or other assets included within the NFT; owning an NFT is merely a showcase on the shelf”. In this study, we will explore the concept of non-Fungible tokens along with their relationship with various intellectual property rights in India as well as around the globe. An attempt has been made to analyse the Intellectual property issues concerned with NFTs and to provide recommendations for the same.785 views -
Pages 451 - 463Article 20 provides protection against ex-post facto laws, double jeopardy and self-. incrimination, which are all safeguards intended for persons accused of committing an offence. These are well recognized protections and have been considered to be basic defences in the law relating to crimes in all common law jurisdictions. The Constitutional Advisor had pointed out that these protections had been afforded in many of the other progressive constitutions of the world and that the protection against ex-post facto laws had found a place in the Irish, U.S., and the Weimar Constitutions. This paper seeks to understand the basic concept of Fundamental Rights of the Accused with special reference to Ex post facto laws and also compares with the constitutions of the UK and USA.1,153 views
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Interpretative Analysis of the Concept of Proposal as per the Indian Contract Act 1872 and Contractual Jurisprudence
Student at Symbiosis Law School, Pune, IndiaPages 464 - 470There are certain essential conditions which need to be fulfilled for a contract to be legally valid and subsequently successfully performed. The first such condition or step in formulation of a contract is a Proposal, also known as Offer. Since it holds such an important initiating impact in world of legal contracts, it is imperative to be examined holistically. This paper aims examine the definition of proposal, followed by essential elements needed to form a valid proposal, classification of proposals and associated case-laws. Due to the immense influence of British laws in the Indian legal system, this paper will analyse the related provisions given in the Indian Contract Act, 1872 and English jurisprudence revolving around contract laws. This paper shall also attempt to find statutory anomalies and thereby provide recommendations to fulfil such lacunae.1,187 views -
Case Commentary on Arnesh Kumar v. State of Bihar
Student at Symbiosis Law School, Pune, IndiaPages 471 - 476Arnesh Kumar v State of Bihar is a landmark case in Criminal Law of India especially pertaining to the application of Criminal Procedure Code, 1973. This case raises a lot of questions pertaining to many socio-legal problems like dowry, rights of accused people, pre and post-arrest, granting of anticipatory bail and Section 498 A of the Indian Penal Code, which penalises cruelty subjected to married women in their marital home within seven years of marriage. The verdict, in this case, gave certain guidelines which are to be followed for executing an arrest. Due to this case facilitating a judge-made law which is eventually a revision in the existing law, this case had to be studied. Hence, this paper has attempted to comment on this case through the method of IRAC analysis, which involves examining the facts of the case, the issues or points of laws, applicable rules and then followed by a critical analysis.2,539 views -
Pages 477 - 480In today’s world, there is no discussion required in relation to the importance of Human Rights. Human rights can also be described as Natural Rights which are vital for each and every individual of this planet Earth. This has become part of our day-to-day life. This is not only a political and moral concept, but it also hinges upon legal aspects of our social system. We can also look at the different schemes and plans run by the different government bodies in this regard. The Government has also tried to find out those areas where special emphasis is required, such as Education, Employment, Health, Food-Security, Insurance-Schemes and many other policies pertaining to the interest of the society and its members. The Government is still working on the appropriate measures to develop the overall infrastructure of the state and its people, with special attention to the human rights aspect of the individuals.1,332 views
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Impact of Company Law on Small and Medium-Sized Enterprises
Student at Amity Law School, Lucknow, IndiaPages 481 - 491Small and medium-sized enterprises (SMEs) are critical for the growth and stability of many economies. Company law, which governs the formation, operation, and governance of businesses, can have a significant impact on the success and growth of SMEs. This research paper provides a comprehensive overview of the impact of company law on SMEs, exploring both the benefits and challenges associated with compliance. It then examines the benefits of complying with company law, including improved reputation and credibility, protection of minority shareholders, access to capital markets, and improved corporate governance. The paper then turns to the challenges faced by SMEs in complying with company law, including compliance costs, the burden of administrative requirements, and the complex legal and regulatory environment. The paper argues that in order to balance the needs of SMEs with the requirements of company law, it is important to simplify compliance procedures, provide support and resources for SMEs, and encourage flexible and adaptive company law regulations. Finally, the paper concludes with a discussion of the importance of considering the needs of SMEs when developing and implementing company law. The paper highlights the need for a more nuanced and tailored approach to company law that considers the unique challenges and opportunities faced by SMEs.1,001 views -
The Concept of Cooperative Federalism: A Glance from Old Era to Modern
Student at Amity University, Patna, IndiaPages 492 - 503Cooperative federalism is a concept in political science and governance that refers to a system of federalism in which the federal government, state governments, and local governments work together to achieve common goals and solve problems. In a cooperative federalism system, there is a sharing of power and responsibility between the different levels of government rather than a strict division of authority. This means that each level of government has its own powers and responsibilities, but they also work together to address issues that require a coordinated effort. Under a cooperative federalism system, rather than a rigid separation of authority, multiple levels of government share power and responsibilities. This implies that while each level of government has its own rights and responsibilities, they also collaborate to handle situations that necessitate a collaborative effort. Cooperative federalism is often contrasted with dual federalism, which emphasises the separation of powers and responsibilities between the federal government and state governments. In a dual federalism system, the federal government has limited powers and is primarily responsible for national defence and foreign policy, while state governments have more autonomy and control over domestic issues. Cooperative federalism is a model of governance that describes the relationship between the federal government and state governments in a federal system. Under this model, the federal government and state governments work together to achieve common goals and address issues of national importance. The concept emphasises the sharing of responsibilities and resources and collaboration on policies and programs that benefit both levels of government and their citizens. The model allows for a degree of flexibility in how states implement federal policies and programs while providing funding and guidance from the federal government. Cooperative federalism is an alternative to other models of federalism, such as dual federalism, where the federal and state governments operate independently.1,745 views -
Criminal law which respects the social ambitions and norms of the society is designed to punish as well as to reform the criminals, but hardly takes note of the by-product of crime, its victims. The plight of victims of crimes has always been of interest to society. This is evidenced by the importance given to the victim by the media, which attempts to highlight the trauma that the victim suffers, sensationalising the same in the process. It is to be noted that in the entire process of administration of the criminal justice system, the victims finally end up getting no relief for the damage suffered by them. The case for rehabilitation and compensation to victims of crime rests primarily on the criminal who inflicted injury against the person or property must compensate for the loss and secondarily on the State which failed to protect the victims must pay the victims for the loss due to him. Criminologists’ early concentration was solely on the issue of punishment, but this shifted when they realised that the victim of crime gets nothing out of the entire criminal justice system or gets so-called satisfaction from seeing the offender punished. As a result, jurists, prosecutors, and others in all countries began to devote their whole attention to the cause of the victim in the form of compensation, and a dispute erupted regarding the manner, means, and extent of compensation. Thus, victim compensation is one of the major aspects of reparation or restoration of the harm or injury caused to the victim due to the commission of the crime. Monetary assistance, in one way or another other, has always benefitted the victims in the diminution of their sufferings. Thus, in this paper, we endeavoured to address the intricacies involved in granting the compensation to victims.1,160 views
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Aggression among Rural and Urban Male and Female Students in Haryana
Associate Professor at M.N.S GC, Bhiwani, Haryana, IndiaPages 516 - 523The present study analyzes aggression among rural and urban male and female students. The present study was conducted among rural and urban male and female students of M.N.S. Govt. College of Bhiwani district, Haryana state, India. The sample was selected by using a random sampling method. The total sample consists of 60 females (30 rural and 30 urban), male and female. The age of students ranges between 17 to 21 years. An effective psychological tool such as an aggression scale prepared by km. Roma Pal and Dr. (Smt.) Tasneem Naqvi was administered to the selected sample. The obtained data has been analysed by using the Mean, SD, and t-test. This reveals that there is a difference in the aggression of rural and urban male and female students. The result also reveals that there is a high aggression level in urban male and female students compared to rural male and female students.767 views -
Women have been deprived of equality in acquiring, changing or passing their nationality to their partner or children from times immemorial. It has always been considered that women’s right to nationality has to be read in consonance to their male counterparts like father by the time the girl is not married and thereafter her husband. A women’s existence has been viewed as flowing from her relationship with the relevant man in her life. The situation of women gets bleaker than men with reference to becoming stateless as they could even be stateless at birth as well as they can become stateless at marriage, which is not the case of men. Statelessness can happen both in countries where citizenship can be attained by jus soli as well as by jus sanguinis. Depriving women of the right to pass her nationality does not simply result into criticality of losing right to nationality by her children, rather it has far-fetched consequences as well like affecting the social, cultural, civil, political and economic rights of the child. If the right to nationality is restrained from any person due to any reason whatsoever, it becomes one of the leading causes of risk of statelessness. Similarly, gender discriminatory nationality laws lead to childhood statelessness. A woman is not the only victim of discriminatory nationality laws; however the geopolitical scenario is also not remained untouched of its massive turmoil. If the international framework could have been simpler and straightforward a women could be saved of statelessness, when she marries a man who has citizenship, consequently their children would also be protected from the risk of future statelessness. However, the situation gets grim due to conflicting nationality laws between different nations.877 views
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Pages 533 - 544The outbreak of a life threatening virus called COVID-19 led to a shutdown all over the world and it majorly affects the education, economy and students mental health. It disrupted the life of each levels of our society when people were requested to stay at their homes to avoid the further transmission of this contagious virus. The shutdown has seriously affected the mental health of students and also disrupted the education system. By late March 2020, Covid-19 had spread to more than 185 nations, resulting in the closure of more than 95% of schools, colleges and institutions, which affected over 350 million students and their studies around the world. The Coronavirus pandemic has raised some serious concerns about Indian education as well as students at all levels. Corona Virus has substantially affected the mental health of students due to several reasons like lack of technology, shortage of food, economic stress, human interaction, etc. This article examines the different factors which affected the education system and students due to this contagious virus.820 views
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Pages 545 - 562Medical negligence has now become one of India's most serious problems. Even being one of the noblest professions, does not save the medical profession from neglect which results in patient death, complete or partial limb impairment, or another form of agony. This article covers the meaning of negligence as mentioned by the landmark judgements, the essentials of medical negligence, the remedies available to the plaintiffs. It also analyses the Bolam test with the help of case laws and it’s prevalence in India. The compensation claims in Medical Negligence cases are of large amount which may act as an attraction for unnecessary claims adding to the pressure on already overloaded judiciary system of our country, Moreover, the increase in such claims with false or unnecessary cases can also hinder with the performance of other medical practitioners forcing them to operate only on ‘by the book’ approach in cases where their own methods could have saved the life of the patient.914 views
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Analysing the Trends of Media Trials in India: A Legal Perspective
Student at School of Law, Sushant University, IndiaPages 563 - 573The modern era is dominated by mass media. Each and every incident, however minuscule is subject to media coverage everywhere, irrespective of where it has occurred. Legal issues in India are no exception. They are intensely debated and scrutinised by the news channels, where reporters put forth their own opinions about the particular incident. These opinions often contradict the verdict proclaimed by the Court of law, and reporters end up showcasing the accused as guilty, regardless of whether he is guilty in actuality or not. This whole process, called media trial, has become a topic of frequent discussions amongst those who practice law. Questions that often arise are - is this kind of media investigation at all legitimate? And if it is, to what extent? Does it influence judgments passed by the Courts? Can it be regarded as an invasion of privacy? This paper seeks to analyse and answer these very questions.810 views -
Impact of Globalization on Women Workforce
LL.M. Student at Nirma University, IndiaPages 574 - 588Globalisation is a wonderful but ambiguous and confusing term which have a multi-dimensional phenomenon. The word “Globalisation” has been in use since the 1960s in the Western World and from 1990 in India. The development of a country economically depends highly on the entire population. However, society’s limitations and male dominance restrict women from participating in the workforce. The trend of globalisation around the world has led to many structural changes in agriculture, service and other sectors, increasing women’s workforce participation in India. Against this background, this paper attempt to study the impact of globalisation on the women workforce of India. It focuses on the development of women’s workforce participation, the history of the participation status of women till the present time, the impact on their participation, the legal provision related to protection etc. This paper presents the Census Data of India from the year 1971 to 2011 and compares it on the bases of literacy rate and participation in rural and urban areas. Paper also provides the periodic labour force survey of 2021-22 India.1,450 views -
Study of Competition Law: Indian Perspective
Advocate at Orissa High Court, IndiaPages 589 - 597The author of this article will investigate competition law in India using the Structuralist and Chicago schools of thought. The Competition Act of 2002 has been amended, and there have been numerous scholarly debates about the objectives of competition law, making it a complicated subject. The ideas of structuralism (Harvard) and the Chicago School (Chicago) are intertwined throughout its jurisprudence. One emphasises competition to avoid monopoly or oligopoly, whereas the other emphasises profit maximisation to benefit consumers. The author will look into how domestic and international courts deal with the issue of consumer welfare. The Google case exemplifies two opposing views on how things should be in the United States and the European Union.889 views -
The Legal Debate surrounding Animal Sacrifices: Examining the Rights of Animals and Religious Freedom
Advocate at Punjab and Haryana High Court, IndiaPages 598 - 601Where on one end, India is said to be home to one of the most religious yet tolerant societies , the other side of coin is still dreary over questions such as animal sacrifice done under the impression of pleasing Gods and Goddesses. This paper draws a word picture of the landmark judgment by the Hon’ble High Court of Tripura that ruled that animal sacrifice is not a religious practice and that it cannot be protected under the right to freedom of religion. The Court held that the 'Right to Religion' protected by the Constitution is not an absolute right and cannot be used as an excuse to carry out animal sacrifices. The author, with the help of this case comment on Subhas Bhattacharjee v.. The State Of Tripura will try to draw out the contentions put forth both in favour and against a ritualistic practice that involves offering an animal to a deity or a God as an act of worship or devotion. Practice is largely seen in Hinduism that holds a significant place in its culture.3,120 views -
In February 2009, the Rajya Sabha introduced the Industrial Disputes (Amendment) Bill, 2009. There are a few provisions in the Industrial Disputes Act, 1947, which are to be amended by the bill. In 1947, the Industrial Disputes Act provided for the resolution of industrial disputes. A definition of relevant terms is provided in the Act, which also defines Industrial Disputes, Industries, and the mechanism of settlement of disputes. The aim of this study is to discuss the industrial dispute act and its impact on industrial development in India. It was made for the purpose of examining and resolving industrial disputes, as well as for other purposes. Central Government-controlled industries or any such controlled industries that the Government may indicate for this purpose are covered under this Act. Industrial disputes are mediated and adjudicated by statutory machinery under the Act.1,008 views
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Pages 609 - 618E-Court application is both an innovation and a form of commitment of Supreme Court of Indonesia to support justice reform in the Indonesian justice system. In this reform integrates IT in the context of procedural law (IT for judiciary). E-Court covers a series of examination and adjudication processes by the court with the assistance of IT. This study was conducted using a statutory approach, case approach, conceptual approach, and both deductive and/or inductive reasoning to reveal the phenomena being observed. This legal study systematically and comprehensively described the data and/or material retrieved from literature studies, case studies, and interviews with law enforcement officers. The results showed that electronic trials (e-court) in the New Normal Era had offered a solution to prevent the spread of Covid-19 because the parties involved in the trial, including the litigants and court officials, without having to meet directly on site. Supreme Court Regulation No. 1 of 2019 and Supreme Court Circular Letter No. 1 of 2020 allows judges and judicial officials to work from home. The Supreme Court and its subordinate courts were ready to apply the modern justice system using the advancement of information technology.870 views
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Across Generation Study of Aggression and Moral Disengagement among Students
Associate Professor at M.N.S Government College, Bhiwani, Haryana, IndiaPages 619 - 623In the present study, a comparison was made across three generations of male respondents of the same family to determine whether aggression and moral values had undergone any change. Further t,he sample was spread across the rural and urban regions of Haryana, as apparently violence and moral disengagement appear to be the product of modern societal changes and should therefore be higher among the urban population. For this purpose, a purposive sample of 20 male students of 11th and 12th classes, who were residing with their father as well as grandfather, was elected from rural and urban areas of Haryana. Two-way ANOVA was used to analyse the difference in aggression and moral values. Further, correlational analysis was also done to study the relationship between the variables. Results indicate that contrary to general belief, aggression and moral disengagement was more in the rural respondents. Further maximum moral disengagement was observed among the adolescents. Technical advancement and modernisation, which contribute to rapid economic growth, are universally desired; however, the conflict has been found to be the greatest in developing nations, least in modern Nations and intermediate in the least developed nations. This surgency in violence can be attributed to the rapid social change which occurs due to advancements and generates instability.764 views -
The high atmosphere's ozone layer gets thinned due to ozone layer depletion. This occurs when ozone molecules come into touch with chlorine and bromine atoms in the atmosphere and are broken down. Ozone molecules can be destroyed by one chlorine molecule. When exposed to intense ultraviolet radiation, some substances emit chlorine and bromine, which then helps to deplete the ozone layer. Ozone depleting substances are these substances (ODS). The most prevalent chemical that depletes the ozone layer is chlorofluorocarbons. The Montreal Protocol was developed in 1987 to prevent the use, manufacturing, and import of ozone-depleting compounds as well as to reduce their atmospheric concentration in order to safeguard the earth's ozone layer. The Ozone layer limits the amount of dangerous UV radiation that reaches the surface of the Earth. The ozone hole, a much bigger springtime decline in stratospheric ozone over Earth's Polar Regions, is another effect of ozone depletion. Every everyone should take action to save the ozone layer from being destroyed. Instead, we ought to use environmentally friendly goods. Keep air conditioners in good working order because when they break down, CFCs escape into the atmosphere. The objective of this study is to comprehend the ozone layer and the factors that contribute to its thinning. Another goal of this research is to identify the substances that are contributing to the ozone layer's deterioration. Environmental studies benefit greatly from this study. India is holding the G-20 presidency this year, and the country's environmental efforts serve as a model for other developed and poor nations alike. The same researcher has examined numerous journals on the environment, committee papers, and old laws and regulations. The researcher closed the research piece by offering his insightful advice to Indian lawmakers and national and international environmental organizations.977 views
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Groundwater Legal Regime in India: Policy Analysis and Challenges
LL.M. Student at TERI School of Advanced Studies, Delhi, India.Pages 632 - 641Groundwater is one of the main sources of water for majority of the India. Groundwater accounts for 60% of irrigational water and 80% of drinking water consumption of India. However, the situation of groundwater in India is far from ideal. With no centralised legislation for the conservation and sustainable use of groundwater on the one hand and on the other hand, government power subsidies for agriculture purposes have led to the over-extraction of groundwater way more than the natural recharge cycle could replenish. Over-exploitation of groundwater pollution is also one of the key issues that surround the groundwater crisis in India. This paper aims to answer a few of the key questions surrounding the groundwater regime in India by analysing the current legal regime of the country its evolution and history, the institutional framework in place, the link between groundwater extraction and ownership of land, and the various initiatives by various stakeholders.1,177 views -
Forensic Accounting in India: A Technique of Fraud Prevention and Detection – With special reference to Bank Scams in India
Assistant Professor at MTSM College for Women, Ludhiana, IndiaPages 642 - 653Forensic accounting in India has come spotlight only in recently due to rapid increase in financial Frauds and the white collar crimes. With an upswing in financial accounting fraud in the global economy, forensic accounting has become an emerging topic of vital importance for academic, research and industries. It is investigation in details about evidences. Forensic accounting is that area of accounting which establishes the practical/logical relationship between accounting and litigation. Major thrust behind application of forensic accounting is to uncover the financial collapse and saving the public money from misuse. India’s image in the transparency index is not very emboldened so it required building public confidence and investor’s trust. The present deals with the status of forensic accounting in India scams occurred in last decade. On the basis of findings of study it is concluded that forensic accounting is on infancy stage in India, very few (48) firms are providing this service. In recent past years use of forensic accounting has brought more frauds under scanner.1,031 views -
Custodial Torture and United States: An Overview
Research Scholar at Rajiv Gandhi National University of Law, IndiaPages 654 - 659This study has compared the custodial violence and circumstances prevalent in India to that of United States of America and found that despite the US being a developed country and its police force using much more advanced technology, paid handsome wages and has every kind of resource but still, it failed to preserve human rights. Custodial deaths are rampant in the United States, and black people are mostly targeted by the police. Well-known examples are George Floyd’s death and the Enhanced interrogation techniques used by the CIA in the United States. So, from this comparative study with the US, it is perfectly evident that custodial violence in a nation is the result of a number of factors such as deeply ingrained sentiments of discrimination, Political support for torture, flaws in the law etc. The US has a long history of racism, and many times these deeply ingrained biases culminate into custodial deaths. Similarly in India, biasness is prevented by Indian police as indicated by reports of a number of judicial committees formed for inquiry into large-scale riots that most of the time found that police acted toward a particular community with prejudice and falsely implicated people from that particular section of society. No doubt reforms in the police system and penal and procedural laws are necessary, but along with it, there is a need for bringing respect for the rule of law in society, the need for attitudinal change otherwise no matter what laws we bring to curb the custodial violence, the atrocities will continue to happen against various sections of society in the police custody.1,700 views -
Progressive Approach of Personal Laws to Protect Constitutional Rights of Indian Citizens
Phd Student at National Law University Delhi, IndiaPages 660 - 670The Constitution of India, being the supreme law of the land, lays down the fundamental rights and duties of the citizens. However, these constitutional rights were often compromised by the personal laws that governed different religions in the country. Personal laws are those laws that are specific to a particular religious community and regulate their personal matters such as marriage, divorce, inheritance, and adoption. This research paper aims to analyse the progress approach of personal laws to protect constitutional rights of Indian citizens. The paper will study the historical evolution of personal laws and their impact on the constitutional rights of the citizens. It will also examine the role of the judiciary in interpreting and harmonizing the personal laws with the constitutional provisions. The research paper will analyse various personal laws, including Hindu Law, Muslim Law, Christian Law, and Parsi Law, and their impact on the constitutional rights of the citizens. It will examine the amendments made to personal laws, such as the Hindu Succession Act, 1956, and the Muslim Women (Protection of Rights on Divorce) Act, 1986, and their impact on the constitutional rights of the citizens. The paper will also study the recent judgments of the Supreme Court of India, which have upheld the constitutional rights of the citizens and struck down the discriminatory provisions of personal laws. The paper will conclude by analyzing the progress made by personal laws in protecting the constitutional rights of Indian citizens and the challenges that lie ahead in achieving the goal of gender justice and equality.893 views -
Narco Analysis Test and Evolution of Privilege: Protection of Right of the Suspects of the Crime
Ph.D. Scholar at Department of Law, Sikkim University, Samdur, Gangtok, East Sikkim, IndiaPages 671 - 678The application of forensics is developing together with technological advances. It aids in locating both crimes as well as criminals in a criminal investigation. The constant advancement of crime scene investigation over time was aided by the employment of technologies. Narco analysis, as a scientific tool of crime detection, has aided investigators in investigating crimes and also serves a crucial role in the criminal justice system. In this sense, the investigators rely on narco analysis to acquire evidence, and the legal system acknowledges these without weighing several legal and moral concerns. Seeing the present situation anywhere criminals are using modern technology to execute criminalities, narco analysis has become imperative for the detection of crime. Basic human rights are being ignored due to the extensive use of the narcoanalysis technique on the suspects of the crime. Today, the root of the problematic situation is to create stability amongst the privileges of the accused of the crime and the usage of scientific deception tactics while keeping social and individual interests in mind. This practice appeared to give psychological aid in solving cases concerning dreadful crimes. It has been alleged that the legal system took an integrated approach to the employment of this technique and established a concept of restricted usage, indicating that the process and implementation in every criminal case should not be neglected. The reliability of the narco analysis has not been determined by the courts still in India. This paper gives insights into the usage of narco analysis by the investigating authorities and the concerns allied with this impugned technique. However, it is suggested that narco analysis should be assimilated into the legal mainstream with due care and circumspection.880 views -
The Rise of False Child Abuse Cases
Student at Bennett University, Greater Noida, IndiaPages 679 - 688This research paper is focused on False Allegations of child abuse cases which is a challenge to Indian legal system. False allegations are a new upcoming trend in the Indian society to gain leverage over others and to settle a personal vendetta. Laws which are meant for the protection of society are themself used as weapons. The paper discusses how false allegations can be made and used against others. The POCSO Act 2012, is one of the stringent statutes in the Indian legal system. A false allegation under this act could deprive and damage an innocent man's reputation and status in society. Indian society has been seeing a lot of scenarios where these statutes and the threat of lodging these false allegations as a new mechanism to extort money and coerce them into performing things as per their desires. The flaws in law have to be examined as fast as possible, as they can endanger the entire society. As the offence under POCSO Act is cognisable and not bailable, once a false allegation prosecutes an innocent person, it would be an easy weapon in the hands of people to damage a person's reputation in society. The research paper further compares the flaws in false allegations of child abuse cases with the Dowry Prevention Act 1961, Domestic Violence Act 2005 and The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989. The exploitation of these statutes implies the misuse of laws in Indian society. The amendments should be made in these acts, which would initiate with arrest and proceeding only made once the prima-faice case is strong enough and requires a sudden interference by law.1,296 views -
Critical Analysis of Access to Health Services to the Transgender Persons under the Transgender Persons (Protection of Rights) Act, 2019
LL.M Student at Central University of Tamil Nadu, IndiaPages 689 - 698The transgender population in India got legal recognition as the third gender through the NALSA judgment. The judgment has directed the central and state governments to grant legal recognition to their gender identity and to adopt appropriate measures. As a result, The Transgender Persons (Protection of Rights) Act, 2019, and the Transgender Persons (Protection of Rights) Rules, 2020, came into existence. The objective of the Act is to provide for the protection of the rights and welfare of transgender persons. Section 2(k) of the Act defines ‘transgender person’ as a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone Sex Affirmation Surgery or hormone therapy or laser therapy or such other therapy), a person with intersex variations, genderqueer and person having such socio-cultural identities as kinner, hijra, aravani and jogta.”. This paper primarily aims to increase the understanding of the health rights of transgender persons in India. Section 15 of the Act provides for healthcare facilities. This section is a mandatory provision, but still, it is not effectively implemented. Most of the government hospitals are not equipped to meet the medical need of the community; on the other hand, private hospitals are imposing a huge amount for the same. Here, this paper analyses the Transgender Policy of the Government of Kerala and looks into the steps taken by the Social Justice Department for the welfare of the community. Section 15(d) of the Act provides for bringing out a Health Manual in accordance with the WPATH guidelines. The paper further study how the Indian health standards are in consonance with international health standards for meeting the health rights of transgender persons.922 views -
Pages 699 - 714In recent years, discussions on same-sex marriage have sparked heated debate. Marriages between people of the same gender have a long and interesting history in India. Even a superficial examination of historical and mythical sources reveals the widespread prevalence of such unions. Manusmriti labels homosexuality as a sin, although the Vedic-complementary Sutras promote gay marriage. The Hindu scriptures don't specifically forbid interfaith marriages. On the contrary, they have provided empirical evidence for the existence of such links. It has been argued by scholars that the phrase "Vikruti Evam Prakriti" (what looks un-natural is also natural) found in the Rig-Veda, one of Hinduism's four canonical sacred scriptures, acknowledges the cyclical consistency of homosexual/transsexual components of human existence, along with other types of universal diversities. In Hinduism, Ardhanarishvara, or Shiva in his various forms, is a common icon. Sixth, the Ardhanareshwar is the cultural notion that prompts a Hindu to call upon a god jointly rather than separately, and which typically mixes male and feminine traits. But there are also Ayyappa and Aravan, two heroes whom Krishna married when he was in female form (a deity conceived by Shiva and Mohini, a female avatar of Vishnu). Such instances include the mashup deity Chaitanya Mahaprabhu, who is both Radha and Krishna incarnated; the twin warrior goddesses Chandi and Chamunda; the transgender goddess Gadadhara, the goddess Gangamma-devi, who is both Radha and Krishna; and the transgender goddess Haksar. Angaar is a small village in Gujarat where the local Kutchi culture celebrates transsexual marriages every year during the festival of Holi; hence homosexuality is still visible there even in the current day. Both the groom, Ishaak, and bride, Ishaakali, are male, and they have been following this peculiar custom of being married for for 150 years. It's true that homophobia is on the rise in some places, but the phenomenon itself is universal.1,205 views
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Manual Scavenging in India: A Critical Study
Pursued LL.M. from Rajiv Gandhi National University of Law, Punjab, IndiaPages 715 - 725One of the social stigmas associated with Indian society is manual scavenging. In India, Manual scavenging is practiced in various places of India even in the present times. Around 1.3 million Dalits in India, largely women, are engaged in the inhumane practice of manual scavenging, according to estimates from The International Dalit Solidarity. Even in this day of science and technology, it is regrettable that manual scavenging still persists. Despite the fact that various regulations in India attempt to eliminate manual scavenging, there has yet to be a single case documented (since 1993). The National Crime Records Bureau (NCRB) fails to provide statistics on the number of cases filed under The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, in their ‘Crime in India’ reports for 2020. In answer to a query regarding manual scavengers, the Social Justice and Empowerment Ministry informed the Lok Sabha in February 2021 that 340 individuals had died while cleaning septic tanks and sewers in the previous five years. In addition, the National Commission for Safai Karamcharis (NCSK) said that 631 individuals perished in the nation while cleaning septic tanks and sewers in the previous 10 years, from 2010 to 2020. The goal of this research is to look at the dirty practice of manual scavenging in India, as well as the many measures that have been implemented to help manual scavengers. Manual scavenging still exists in India despite being illegal, demonstrating a dismal failure of the legal system and a violation of an individual’s fundamental rights. Manual scavenging being a caste-based employment, is subject to social prejudice and boycott. This study aims to critically examine the laws and schemes that affect the manual scavenging community and provide ideas for how to overcome them, as well as examine the implications of recent regulations on manual scavengers. This paper will also look at India’s bizarre manual scavenging practice. In addition, it will examine the role of society and government in India’s manual scavenging.1,152 views -
A Comprehensive Scrutiny on the Discretionary Powers of Governor: Controversial Vicinity Surrounding it
Student at Alliance University, Bangalore, IndiaPages 726 - 740The office of Governor in India is meant to be an independent and politically neutral institution under the Indian Constitution, but it has been a source of controversy and debate in recent years. It is due to the numerous instances of misuse of the gubernatorial powers that the Governor has attracted infamous nicknames like ‘Puppet’, ‘rubber stamp’, and the ‘agent of the Centre’. The powers and functions of the Governor are not clearly defined in the Indian Constitution, leading to controversy over their role. With the advent of regional parties and advance politics in India, the role of Governor has acquired immense importance in the current political scenario. In the parliamentary system of government, the office of the Governor in a state has the capability to be at the centre of controversies for various reasons, the most controversial one being the range of discretionary powers that the governor enjoys. The misuse of the Governors office can be divided into pre and post S.R Bommai judgement in the year of 1994. Recently, some of the Chief Ministers have even advocated for the abolition of the post of Governor. The Kerala government also put forward a major recommendation seeking intervention to limit the discretionary powers of the governor. This paper aims to examine the controversies surrounding the role of governor in the current scenario and also addresses all the previous controversies and ends up with recommendations in order to sort out the issue.1,420 views -
Legal Illiteracy
Student at Symbiosis Law School, Pune, IndiaPages 741 - 747The Indian Constitution has been the backbone of the Indian Legal System ever since its inception. Many would say that it had been a ‘Lawyer’s Constitution’ considering the legal qualifications of the members of the Constituent Assembly and their inputs that went into the drafting of the Indian Constitution. The Constitution thus drafted has been a legal miracle, drawing from the very best Constitutional and legal practices of the world. Yet, this glory itself has in fact surfaced a critical curtailment in working this fine Constitution and a legal system. Illiteracy has been profound in a country like India, let alone legal illiteracy. The carefully crafted legal framework of this country has thus been reduced to a fierce weapon whose benefits can be enjoyed if only one knows how to use it. The legal knowledge, pre-requisite to make use of the Indian legal system has barely penetrated into the masses who continue to dwell under a veil of injustice and legal disavowal. In this paper we aim to delve into the intricacies of legal illiteracy to enquire into the question “whether the convoluted legal procedures latent within the Indian Judicial system has rendered justice to become a bane than a boon for the masses?” We proceed with a hypothesis which propounds that the “legal jargon and elaborate procedures in the Indian legal system has been turning the populace apathetic towards the Indian Judicial system” using the variables of legal structure and procedure and mass indifference towards legal procedure.1,100 views -
Is Content Writing Vital for Viral Marketing: An Extensive Analysis
Student at Amity University Rajasthan, IndiaPages 748 - 758Online marketing is a marketing strategy that utilizes the internet to promote products or services to a targeted audience. The most popular kinds of internet marketing strategies include content marketing and SEO (search engine optimization). Both strategies involve writing quality content that is directly related to your market and then promoting it to gain more traffic. In this article, we'll discuss the benefits of both strategies and explain why writing quality content is vital for viral marketing. Online marketing has become a crucial part of our daily lives, as consumers increasingly access information online. The number of internet users worldwide reached about 5.3 billion at the end of 2021. Furthermore, there are many ways to market online- social media platforms, email campaigns, chat apps, and websites all allow companies to reach potential customers. The main objective of internet marketing is to provide information to potential customers and convince them to purchase your product or service. Consumers are looking for answers on the internet so it's crucial for businesses to provide quality content. Viral marketing campaigns rely on creating and sharing content that resonates with people and inspires them to share it with their networks. Content writing is the process of creating written material, such as blog posts, social media updates, videos, and other types of content that can be used in a viral marketing campaign. Some of the reasons why content writing is vital for viral marketing are that it- i. Provides a platform for creativity, ii. Builds brand awareness, iii. Engages the target audience, iv. Increases traffic and engagement, v. Enables social sharing. Online marketing has become a vital marketing strategy for businesses of all sizes. Consumers increasingly access information online, which makes it essential for companies to provide quality content to build a base of customers. Companies can increase their chances of reaching potential customers by creating quality content and promoting it via social media or email campaigns. Ultimately, online marketing is only as effective as the content produced by marketers themselves! This article aims to make an in-depth analysis of how content writing goes hand in hand with viral marketing.866 views -
Critical Analysis of Assault and Battery
Student at School of Law, Narsee Monjee Institute of Management Studies, Bengaluru, IndiaPages 759 - 769The purpose of the research paper is to make a critical analysis between assault and battery in the law of torts. It also explains the public opinion on what people think about assault and battery. The entire research paper speaks about the meaning types and defences to assault and battery, and then both are differentiated on a specific basis. In most countries, assault and battery occur when someone intentionally causes bodily harm to another person and behaves in a way that makes the victim worry that they may suffer harm in the future. This offence is also committed when someone behaves in a way that gives the victim reason to assume they may soon sustain harm. The rules of today combine these two violent crimes into a single charge, but in the past, assault and battery were both believed to be quite different offences. In the past, assault and battery were seen as two 0quite distinct crimes. So it’s important to look at remedies and defences against assault and battery. Also, the conclusion speaks about writers who thought about the topic and how important it is to differentiate between assault and battery in the law of tort. The research paper makes use of theoretical facts as well as articles regarding the differences and defences to battery and assault in the law of torts. Both battery and assault are torts committed, but there is the slightest difference, and a line is drawn due to intention.2,164 views -
Social Media Marketing: In Lead Generation
Student at Amity Law School, Amity University, Rajasthan, IndiaPages 770 - 779Depth understanding of a person's personal and/or professional traits in order to have this degree of trust in their capability and intent. Businesses have the opportunity to find these prospective leads because of the wealth of information about people's preferences, achievements, and personal and professional goals that are available on social media platforms. For instance, two of the most popular venues for examining people's professional and personal portrayals are LinkedIn and Twitter. Information is more easily available than Social media applications are used as a marketing device in social media marketing (SMM), a type of online advertising. Businesses may engage with customers on these social media sites to build their brands, drive revenue, and increase website traffic. In order to improve future sales, lead creation involves engaging potential consumers' attention. Sales are the most important part of almost every business. In order to move lead generation through the marketing funnel and convert them into paying customers, it might be essential to comprehend lead generation and let’s understand how to use it successfully by looking at the below article which will include types of social media marketing, why lead generation is that important in a world of social media, how can they help to increase marketing, how social media altered people’s perception of what marketing is, What are the social media marketing pillars that are keeping it up and how is lead generation assisting the pillars in a standing firm? How has social media contributed to the world's ability to maintain economic stability or to provide fundamental necessities at vital moments? COVID-19, Platforms like Facebook, Instagram, Youtube, Twitter, and others make social media marketing more effective and simple, even for those without any formal education. The greatest way to contact many customers is through social networking.862 views -
Impact of IPR on Indian Economy
Assistant Professor at IIMT University, Meerut, IndiaPages 780 - 784Intellectual property seems to be essential to the progress of a country. In many developed nations, the strict enforcement of the IPR function has a considerable positive impact on economic growth. IP rights promote innovation, which leads to progression in the economy. Nowadays, every company exists as a result of innovation. The value of IPR legislation has been acknowledged in the current period. In today’s world, it’s not simply innovation but also brand recognition that counts. There is a lot of charm attached to the name. Intellectual property rights have a substantial influence on a country’s growth and prosperity. In the context of economic growth IP rights may have both a negative and positive impact. This paper deals with the impact of IPR on Indian economy. Further it highlights purposes, mechanisms, and economic benefits of IPR.1,049 views -
Victims of Crime: A Quest for Justice
Visiting faculty at Department of Law, Punjabi University, Patiala, Punjab, IndiaPages 785 - 794The term ‘access to justice’ is a very subjective term as it can be construed to have different meaning for different classes of persons in a society. Literally, the term ‘access to justice’ can be defined as an opportunity to approach the doors of just behaviour, equity and treatment. Particularly, the term ‘Justice’ has not been defined anywhere in the Indian Constitution but has been stated to mean as Justice “Social, Economic and Political” in the Preamble to the Constitution of India, secured to achieve through the various provisions of Fundamental Rights and Directive Principles of State Policy. As a corollary, it can be said that every person who seeks justice must be provided with the requisite monies to approach a Court of Justice. Can a victim of crime be ensured justice only by punishing the offender? The Constitution also provides the various rights for protection of the accused such as right to speedy trial but the victim's plight is not addressed anywhere. The whole focus of the Criminal Justice System is on criminal and crime, none on victim. So, the forgotten man in the legal world and society happens to be the "victim" for whose plight remedy we have the whole system. This paper attempts to find out the deficiencies in Justice System while ensuring access to justice for victims of a crime as the victims do not acquire attention of the law makers. The victim whose rights are violated by the offender does not have any right to participate in the criminal process except as a witness. The system does not give him any opportunity to assist the court such as producing evidence or asking questions to the witnesses. The system is thus wholly insensitive to the rights of the victim. The focus is all on the accused and none on the victim.1,135 views -
Air Carrier’s Contractual Liability: International and Indian Legal Perspective
Student at Reva University, Bangalore, IndiaPages 795 - 804In the aviation industry a massive development has been seen in over past decades globally and also there has been increase in commercial air transportation of passengers and cargo. Further, along with this development a hike in the incidents of death, injury on board and also delay of air carriers has been observed. Earlier, the air carriers had a very limited liability in cases of death and injury and the passengers had to suffer loss and there was no prescribed compensation for accidents on board such as death, injury, delay etc. and also the interest of victims was overlooked by the airlines and for the same purpose a uniform liability regime was required. The Warsaw Convention, 1929 was the first attempt made towards creating liability on part of air carrier in cases of accidents on board and also brought in the concept of “Contractual Liability”. There have been various other Protocols and Conventions which have contributed to the growth of contractual liability regime keeping in view the interest of passengers and also of the airlines. Moreover, along with liabilities there are certain rights and protections well entrusted to airlines, because imposing heavy liabilities could have been a hindrance in growth of aviation industry and we would not have boom in industry as we witness it in present era. In this research paper, the author will deliberate upon aspects of contractual liability regime, evolution of International contractual liability regime, International Conventions, Protocols and provisions in respect to determination of liability and payment of compensation by airline in cases of death, injury, delay etc. Further, the author will elucidate upon the application of international contractual liability regime including its application in domestic sector with specific locus on India with the assistance of recent judicial trends and precedents from the courts around the world and India in respect to aviation accidents.1,279 views -
Understanding Whistleblowing Practices and Regulations in India’s Corporate Sector: A Focus on Section 177 of the Companies Act
Student at NMIMS School of law, Navi Mumbai, IndiaPages 805 - 812Under this section, listed companies, and certain other classes of companies as may be prescribed by the government, are required to establish a vigil mechanism for directors and employees to report concerns about unethical behaviour, actual or suspected fraud, or violation of the company's code of conduct. The mechanism should provide for adequate safeguards against victimization of whistleblowers and should ensure that the identity of the whistleblower is protected. The Act also mandates that the audit committee of the company shall oversee the vigil mechanism and review the adequacy and effectiveness of the mechanism. The audit committee must also ensure that the policy on vigil mechanism is communicated to all employees of the company and that the mechanism is disclosed in the company's website. The provision has led to an increase in the reporting of unethical behaviour, actual or suspected fraud, or violation of the company's code of conduct. This has helped companies identify and address such issues, thereby improving their overall governance and ethical standards. Protection of whistleblowers: The vigil mechanism established under Section 177 provides adequate safeguards against victimization of whistleblowers and ensures that their identity is protected. This has encouraged more employees to come forward and report concerns without fear of retaliation. This highlights the need for greater awareness and implementation of the whistle-blowing mechanism to foster a healthy and safe environment for whistleblowers to come forward and report concerns. Overall, the findings suggest that Section 177 has been effective in promoting corporate governance and transparency in India. However, there is still room for improvement, particularly in terms of greater awareness and implementation of the whistle-blowing mechanism.1,565 views -
Critically Analysing Green Marketing in India: Need, Significance and Concept
Student at Amity Law School, Amity University Rajasthan, IndiaPages 813 - 822Latterly, the consumers’ behavior in the market is showing a drastic change due to their increasing awareness towards environmental issues, as such, the world is now moving towards sustainable development goals. The consumers now buy products which are more environmentally friendly. This change in consumers’ behavior is perceived by the businesses of all sectors. And consequently, they have started to sell green products in the market. The green market is expanding exponentially resulting in the foundation of a green economy. The Indian businesses is also starting to understand the need of a green economy. And as a result, the Indian companies as well as foreign companies in India have started to do Green Marketing. Green Marketing is a process in which environmentally friendly products are sold along with the aim of growing awareness about the impacts of unsustainable environmental activities. But some businesses also pretend to do green marketing, that is they do fake green marketing in pursuance of luring the consumers. This article will throw a light upon the concept, need and significance of green marketing in today’s era in depth along with green marketing mix with ample examples. Furthermore, the article will also talk about the concept of Green Washing with instances. Green Marketing is still an emerging concept in India, so not all the businesses do Green Marketing. India is still far from achieving its desired sustainable development goals as set forth in the Agenda 2030. So, the main aim of the author in drafting this article is to spread awareness among people and businesses in respect to Green Marketing.788 views -
Right to Health and Medical Assistance as a Fundamental Right: Issues and Challenges
Associate Professor at Department of Law, D.A.V. (P.G.) College, Dehradun, IndiaPages 823 - 832Health and medical assistance is essential requirement of every human being, which is also the economic, social and cultural rights. There is a universal minimum standard of health, for which all human beings are entitled. The United Nations (UN), under the Universal Declaration of Human Rights 1948, expects to all its member states to ensure a dignified life of their citizens (which includes the right to health) along with all basic amenities. Article 21 of our constitution provides ‘Right to life and personal liberty’ does not merely mean the continuance of a person’s animal existence, but a quality of life with all basic requirements, which make a dignified life. The Supreme Court in its various judgements has observed that access to medical aid is a fundamental right to every citizen, guaranteed by Article 21. Consequently ‘Right to health or Right to get medical assistance’ has been recognized as a fundamental human right under ‘Right to life and personal liberty’. Unfortunately, even today after 70 years of independence, the Health and Medical facilities in India are still in a pathetic condition. Due to the apathy of government, the health and medical as well as education have never been included mainly in various five years plan. expenditure on public health funding has been consistently low i.e. 1.03% of GDP. In India 65% of the overall health expenditure is out from pocket which is very high as compared to the world average of 18.2%. An estimated there are 12.8% of all maternal deaths and 19% of all infant mortality in the world occurs in India alone which is the highest in the world, more than 37.2 out of 1000, children are dead by the time before they come to the age of 5. 62% of children are immunized communicable disease is the cause of death for 53% of all deaths in India. In India the condition of private hospitals is better than government hospitals. But due to the very expensive fees of private hospitals, the poor family are still deprived from getting their treatment from such hospitals. In this paper, ‘Right to health and medical assistance’ an attempt has been made to indicate the various issues and problems as well as their suggestions.1,154 views -
Exceptions to the Principles of Natural Justice in India: Critical Analysis
LL.M. student at School of Law CHRIST (Deemed to be University), IndiaPages 833 - 844The principles of natural justice have been recognised as a crucial facet of the right to equality before law under Art. 14, wherein it is essential that each individual has been given an adequate and reasonable opportunity to be heard in the court of law prior to any official decision taken by the court. Furthermore, no person can be a judge in his own case. The judicial approach has seen that the adherence to the principles is essential for a just, due process of the law. While Art. 14 does provide for the equality before the law, and the same has been held as an essential feature of the basic structure of the Constitution; it ought to be noted that Art. 14 has another limb in the equal protection of the laws. The law provides for a positive discrimination based on an intelligible differentia with a rational nexus in order to achieve the objective that is sought. The State as well as the courts of law have laid down various exceptions to the right to be heard in certain extraordinary circumstances. These exceptions are either explicitly provided in statutes, or have been implicit and thereby, been interpreted by the Supreme Court in several cases. This paper provides for a critical analysis of the scope of the principles of natural justice under Art. 14 of the Constitution by elucidating the exceptions to the principles and analysing the rationale for the same. The author has further provided the various judicial approaches to the concept and the validity of the same in light of the due process of law. The constitutional validity of the exceptions has been explored by providing various illustrations that provide sufficient, lucid arguments to assert the same. The author has concluded by providing a critical analysis of the scope of the exceptions in relation to Art. 14 and the justifications for the same.1,913 views -
Post-Covid Structural Changes and its Impact: Key Environmental Concerns of Emerging Economies
Assistant Professor at IIPM School of Management, IndiaPages 845 - 848The paper attempts to project the key concerns of emerging economies in the post-covid world. It looks at government policies, the economic situation, organizational climate and the societal role of the company. Today, the business patterns are largely determined by the technological changes and competition in the environment. Besides that, a shift in government policy in emerging economies towards greater interconnectedness is shifting the competitive conditions in industries.1,231 views -
Delinquent Juveniles: Determination of Liability and Administration of Justice
LL.M. student at Chanakya University, IndiaPages 849 - 859Delinquency is an inherent quality of every human being and no one can claim immunity from it. From childhood to old age every human being is found, sometimes, to have acted under delinquent impulses of their own which may be favourable for achieving success in life or maybe unfavourable for becoming an active member of the dark world. In addition to this every member of the society, either regularly or irregularly, becomes a victim of vices being generated or regenerated by the changing social, economic, political and cultural events of the country. A child is not an exception to these phenomena, rather he or she is an easy victim of social maladjustment, delinquency and neglect. The Juvenile Justice Act, 1986 (JA) has been enacted to protect and preserve child resources from vices of such social maladjustment, delinquency and neglect. It provides "for the care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the adjudication of certain matters relating to and disposition of, delinquent juveniles'845 views -
Adultery: The Legal Perspective
Student at Amity University, Patna, IndiaPages 860 - 862Section 497 of Indian Penal Code (IPC) titled adultery formed a sharp criticism and a platform of discussion after Supreme Court Of India declares Section 497 as unconstitutional by five -judge Supreme Court Bench headed by former Chief Justice Dipak Misra. The present article will deal with all the aspects of Section 497 and will try to articulate the controversies from a legal point of view in contemporary Indian Society. This paper attempted to analyze adultery from its legal view and to examine its impact and effects and co-relation with other aspects such as marriage, remarriage and divorce.792 views -
Case Analysis on V.K. Kaul v. SEBI
Student at O.P. Jindal Global University, IndiaPages 863 - 868When an insider communicates unpublished price sensitive information (UPSI), then the laws against insider trading intervene which primarily deal with such matters. The information should have been used to trade securities. The SEBI (Prohibition of Insider Trading) Regulations deal with insider trading offences in India. The purpose of this paper is to analyse the case of V.K. Kaul v. SEBI. The two main issues that were dealt by the court in this case were namely, what is UPSI and who is considered as an insider. This case is a landmark judgement for the application of circumstantial evidence in the case of insider trading. To determine the same, reliance was placed on the precedent set by the US courts in an earlier case. This paper will also analyse the main issues of this case in accordance with the laws of US for the purpose of a better understanding of their position.1,235 views -
Procedure for Incorporation of Company
Student at Amity Law School, Lucknow, IndiaPages 869 - 873This article deals with the procedure for the incorporation of company in India . This article focuses on the detailed steps to be followed for the company formation. After going through this article, one will learn the proper steps and legal verifications which are required for corporate company formation according to The Companies Act, 2013. The cases cited help in a better understanding of the concept. The alteration process is also discussed in this article.1,497 views -
Judicial Accountability in India: An Overview
LL.M. student at Chanakya National Law University, Patna, IndiaPages 874 - 888To demand judicial responsibility, one must first understand and cherish the idea. As was previously said, in order to prevent any judicial delinquency from spreading, accountability primarily entails developing a sense of transparency and subjecting the court system to severe public scrutiny. Furthermore, the a continuous debate between accountability and independence of the judiciary. There are frequent issues with the independence of the judiciary that needs to be rectified. It is interesting to notice that there is inherent resistance between the two since the writers of the Constitution did not explicitly establish any mechanism to keep the court responsible. The preservation of judicial independence is a crucial prerequisite for the existence of a free and impartial court, which was the basic premise of the same. The objective was to promote responsibility while maintaining the aspect's independence through a system of self-regulation.1,214 views -
Study of Relationship between Values and Personality
Associate Professor at Department of Psychology, M.N..S Government College, Bhiwani, IndiaPages 889 - 899The present study aims at finding relationship between Values and Personality. For this study a sample of 50 girls between the age range of 18 to 22 years was taken from M.N.S Government College, Bhiwani (Haryana). The Eysenck Personality Inventory (EPI) was administered which measures two pervasive - Independent dimensions of personality, Extraversion and interoversion, and Neuroticism -stability. Each contains 52 “yes-no “items with no repetition of items. On the basis of the study correlation score of value 0.94 among personality 0.518 was calculated which is a positive correlation and not significant on the basis of the data collected.681 views -
Decriminalization of Adultery in India
Professor at Dr D.Y Patil College of Law, Nerul, Mumbai, IndiaPages 900 - 903Adultery, is the voluntary sexual intercourse of a married person with a third person other than the spouse. Under Indian law, Section 497 IPC makes adultery a criminal offence, and prescribes a punishment of imprisonment upto five years and a fine. The offence of adultery under Section 497 is very limited in scope as compared to the misconduct of adultery as understood in divorce proceedings. The offence is committed only by a man who had sexual intercourse with the wife of another man without the latter’s consent or connivance. The wife is not punishable for being an adulteress, or even as an abettor of the offence.1,016 views -
Pages 904 - 908The article discusses the challenges faced by transgender individuals in India, particularly the need for separate sanitation facilities. Despite the constitutional guarantee of equality and human rights, the LGBTQ+ community still faces discrimination and violence. Transgender individuals, in particular, are often ostracized by society and their families, leaving them with no option but to resort to begging or sex work for survival. This article aims to shed light on their plight and the importance of recognizing their basic needs, such as access to safe and hygienic restrooms. The lack of separate sanitation facilities not only affects their dignity but also poses a risk to their health and safety. By highlighting this issue, the article hopes to raise awareness and promote action toward ensuring equal rights and opportunities for transgender individuals in India.891 views
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Legalization of Prostitution: A Review of the Sri Lankan Context with Comparative Analysis
Attorney at Law & Lecturer (Probationary) at Faculty of Law, University of Colombo, Sri Lanka, IndiaPages 909 - 919There are two dimensions of this study. The first one is to identify the factors regarding prostitution with different perspectives and the second one is to understand how the different jurisdictions have legalized the sex industry. The core objective of this research is to analyse these two dimensions and diagnose how Sri Lankan society recognize prostitution. To address the first dimension of this study, the researcher analysis legal, social, and medical perspectives regarding the sex industry in Sri Lanka. In accordance to fulfill this objective, data was gathered by interviewing five different stakeholders with a customized analytical approach. For this part of the study, the researcher has collected qualitative data. Regarding the second dimension of the study, the researcher comparatively analyses the legality of prostitution in different jurisdictions. For this analysis, the researcher has selected six regions globally. The study further analyses the domestic legal framework, and social and medical perspectives regarding prostitution. Therefore, this research can be identified as a comprehensive analysis of prostitution in Sri Lanka.1,439 views -
General Rules and Principles of Interpretation of Statutes
Completed LL.B.(Hons.) from University of Allahabad, India.Pages 920 - 928As Montesquieu has propounded the famous theory of ‘Separation of Power’, which provides that there should be Separation of Power in any government because if the powers are concentrated in a Single person or authority then it may result in a tyrannical form of government. On the same lines almost all the nations throughout the globe in modern times have adopted this theory and created three branches of government, namely Legislature, Executive and Judiciary which are endowed with the functions of enacting the law, enforcing the law and administering Justice respectively. The Judiciary, while administering the law according to the laws enacted by the legislature who enjoys the sole authority of making the laws, faces certain situations where the true intent of the legislature is not expressed clearly by the letters of the law or the words used in the statute express more than one meaning. In these cases, Interpretation of laws or statutes is necessary as the laws enacted by legislature is not explained to the Judiciary and therefore Judiciary has to Interpret the same in cases of conflict or ambiguity relating to the true meaning, ambit and Scope of the statutes enacted by the Legislature.1,147 views -
Knitting Corporate Social Responsibility in the Thread of Corporate Governance
Student at Christ University Delhi NCR Campus, IndiaPages 929 - 935Corporate Social Responsibility (CSR) and Corporate Governance are two concepts that are increasingly gaining importance in the corporate world. CSR refers to the ethical and moral obligations of a corporation towards society and the environment, while Corporate Governance refers to the systems, policies, and procedures that ensure the accountability, transparency, and fairness of a corporation’s decision-making processes.The relationship between CSR and Corporate Governance is intertwined, as they both serve to enhance the overall reputation and sustainability of a corporation. By adopting CSR practices, corporations can demonstrate their commitment to social and environmental responsibility, which can improve their reputation and brand image. At the same time, Corporate Governance provides the framework for implementing CSR practices effectively, ensuring that these practices are aligned with the corporation's overall strategy and objectives. The link between CSR and Corporate Governance is especially relevant in today's globalized business environment, where corporations are expected to take into account the social and environmental impact of their operations. The incorporation of CSR into Corporate Governance frameworks helps to ensure that corporations are accountable for their actions and that their decisions are guided by ethical considerations. It also allows for a more sustainable approach to business, which can lead to long-term benefits for both the corporation and society as a whole. In conclusion, CSR and Corporate Governance are complementary concepts that play a critical role in the success and sustainability of modern corporations. The incorporation of CSR into Corporate Governance frameworks can enhance the overall reputation and social responsibility of a corporation, while ensuring that its decisions are guided by ethical considerations and aligned with its long-term objectives.1,035 views -
Pages 936 - 944In India, the enactment of the Right to Information Act, 2005 (RTI Act) aimed to enhance transparency and accountability in governance by granting citizens access to information held by public authorities. The act empowers citizens to seek information from government bodies, and mandates public authorities to proactively disclose certain categories of information. This paper aims to assess the impact of the RTI Act on promoting transparency and accountability in governance in India. The paper examines the literature on the RTI Act, including its implementation, challenges, and outcomes. It also considers case studies of the RTI Act's impact on various sectors such as health, education, and corruption. The paper finds that the RTI Act has been instrumental in promoting transparency and accountability in governance. The Act has led to increased citizen participation in governance, better public service delivery, and reduced corruption. The proactive disclosure of information by public authorities has also improved the quality of information available to citizens. However, challenges remain, including the lack of awareness among citizens, bureaucratic resistance to implementing the act, and inadequate infrastructure for implementing the act. Overall, the paper concludes that the RTI Act represents a crucial milestone in fostering transparency and accountability in the governance of India.. However, further efforts are needed to address the challenges in its implementation and to ensure that the act is effectively leveraged for promoting good governance”.1,625 views
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A study on the Laws regarding Protection of Whistle-Blowers in India
Student at NMIMS Kirit P. Mehta School of Law, IndiaPages 945 - 951Whistleblowing is a heroic and a noble act that helps in preventing fraud, corruption and wrongdoings within an organisation. Even though the efforts of the whistle-blower and the risk taken by them in disclosing information is appreciated and valued, they face various challenges from peers, senior management, individual or group against whom he has whistle-blower. There have been various incidents which have occurred in India showcasing need for India to implement effective laws which will protect the whistle-blower and their interest. Cases like Satyendra Dubey, the Shanmugam Manjunath case, among others, demonstrated the necessity of regulations to handle whistle-blower cases in India. Provisions regarding whistle-blowers are contained in Companies Act, 2013, SEBI(LODR) rules and Whistle-blower Protection Act, 2014 which has not been implemented. However, the existing legislation has a lot of loopholes and setbacks. This paper studies the need for having laws for protection whistle-blowers and the existing laws regarding the same. This paper will also analyse the existing laws and the shortcomings in them.861 views -
Honour Killing: A Question of Silence?
Assistant Professor at The ICFAI Law School Dehradun, IndiaPages 952 - 958“The time will come when mankind will be humane to every creature that breathes” A woman can be harassed by individuals within her family for multiple of reasons, including rejecting to enter into a forced arranged marriage, being a victim of sexual harassment, or seeking a divorce from her husband. There is some evidence that homosexuality can also be perceived as grounds for honor killing by relatives. The United Nations estimate for the number of honour killings in the world is 5000 per year. Many women's groups in the Middle East and Southwest Asia suspect that more than 20,000 women are honour killed in the world each year. Now what does “honour killing” mean? An honour killings the murder of a member (male/female) of a family or social group by other members, due to the belief of the perpetrators that the victim has brought humiliation upon the family or the social group. The perceived disgrace is normally the outcome of actions such as dressing in a manner that is unacceptable to the family or the community, wanting to terminate or prevent an arranged marriage or yearning to marry by their own choice, or engaging in heterosexual acts outside marriage. In this article, an attempt is made to analyse the meaning, nature and reality about honour killing and the role Khap Panchayat system in India, plays in the practice of the aforementioned social evil. Further it makes some suggestions for appropriate solutions through lawmaking. The social legislation is not just the outcome of simple welfare considerations, but rather a key instrument in the process of development. However, in order to ground social legislation more firmly within development strategy it is necessary to be aware of the political contexts within which policies are developed and evolved. As the Indian Constitution promises equal protection of laws to all citizens2, by implication, then we should not only have just laws, but also see that they are justly administered and implemented.976 views -
Why Legalizing Same-Sex Marriage is Long Overdue?
Student at Government Law College Ernakulam, IndiaPages 959 - 964Marriage has been an essential institution in human society throughout history, and its meaning and purpose have evolved over time. Traditionally, marriage was seen as a union between a man and a woman for the purpose of procreation and raising a family. But in recent years, the definition of marriage has changed to reflect the changing social and cultural norms of modern society. One of the most significant changes to the institution of marriage is the recognition of same-sex marriage, which many countries have legalized, recognizing the rights of LGBTQ+ individuals to form committed relationships and start families. This change in the legal and social status of marriage has brought greater equality and acceptance for LGBTQ+ individuals and challenged traditional notions of marriage. However, in India, same-sex marriage is not yet legally recognized. Article 21 provides the fundamental right to marry, but the state and its machineries are reluctant to consider this right. The demand stated is not for the creation of any new rights, instead the demand is just for the enforcement of the existing right. Legalizing same-sex marriage is an overdue step towards equality and recognition of LGBTQ+ rights. The history of marriage has shown that it is a dynamic institution that has evolved over time, reflecting the changing social, cultural, and religious beliefs of various societies. Denying same-sex couples the right to marry based on traditional beliefs about marriage is unjust and discriminatory. Marriage provides stability and security for individuals and families and is an essential building block of society. Legalizing same-sex marriage recognizes the rights of LGBTQ+ individuals to form committed relationships and start families, bringing greater equality and acceptance.16,219 views -
A Study on the Relationship of Role of Independent Directors with Corporate Governance of a Company
Student at NMIMS Kirit P. Mehta School of Law, Mumbai, IndiaPages 965 - 976The value of independent directors has received significant attention from the worldwide corporate governance movement. The prevention of fraud, misconduct, and other potential problems in corporate governance is seen as being significantly aided by independent directors. They are also thought of as a way of balancing the interests of the individual, the economy, and society. The supervision role of the board of directors is highlighted by the agency viewpoint on corporate governance. This study intends to investigate how the independent director’s interaction affects financial performance and managerial quality as well as the overall performance of the company in making decisions. The research investigates if the board's independence has an effect on maximising corporate value. To ensure that the board fulfils its tasks honestly and keeps management responsible, it is crucial that management be independent. The present situation of companies in India and the function of independent directors in corporate governance are the main topics of the essay. Nevertheless, there are various problems with the way independent directors are currently used in India, including a lack of expertise, a lack of independence, a lack of drive, and a lack of knowledge. The need of independence for independent directors is emphasized throughout the article in order to preserve sound corporate governance.919 views -
Contemporary Issues and Challenges in Indian Banking Sector
Student at Symbiosis Law School Pune, IndiaPages 977 - 980The banking industry is one of the foundational areas of the service-based economy and is highly competitive. The banking systems in India are very coordinated. The banking industry in India has seen significant upheaval recently, without possessing the biggest bank in Earth. This paper's goal is to identify current problems and obstacles facing the Indian banking industry. The research used secondary data. According to the report, the banking industry is most affected by macroeconomic risk/ threat, state control of the industry/sector, political meddling, cyber intrusions, technological perils, scams, and corrupt practices among other things.1,133 views -
Relevance of UN in the Contemporary Issue of Right to Development
Teaching Associate at Department of Law, Gauhati University, Assam, IndiaPages 981 - 986International Covenant on Civil and Political rights and International Covenant on Economic, Social and cultural Rights laid down a number of rights to human beings which may be enjoyed by them individually by virtue of their being human. Both the Covenants are referred to as the “traditional rights”. In addition to these rights, there is another important category of rights known as “collective rights”. These rights are exercised jointly rather than severally, but individuals are the beneficiary. Collective rights are also called “Third generation Rights”. They are called new rights because they cannot be enforced by existing international machinery. Such rights include right to development, right to peace, right to common heritage, right to self-determination and right to safe environment.770 views -
A Comparative Analysis of Whistle-Blower Protection Legislations in India, UK and USA
LL.M Student at Chanakya National Law University, Patna, IndiaPages 987 - 999Whistle-blower is a person inside the organization who blows a whistle against any unlawful or immoral activity. The policy of the whistle-blower provides adequate safeguard to the whistleblower against unfair treatment by the alleged violator. Here I am referring the example of Gaurav Taneja ex- pilot of Air Asia was suspended because he informed DGCA about the violation of the safety norms which has been established by the DGCA. Another example is of Satyendra Dubey who was killed because he blowed the whistle against corruption. Through my paper I want to analyze and compare the legislation and associated administrative practices for managing the whistle blowing processes within the states of India, UK and USA. The researcher also analyses whether the whistle-blower legislation is different or similar in some extent in these countries. Through this paper author also try to find out whether there should be a common whistleblower policy for all the sectors of the society or specific legislations for every sector like private, corporate, government etc. By using the doctrinal research as method the researcher is also likely to figure out the problems involved in the execution of the whistle-blower legislation in the above said countries and with regard to conclusion the researcher analyses possible solution to the above said problems.1,920 views -
A cash flow statement is a statement that describes the inflows (sources) and outflows (uses) of cash and cash equivalents in a business over a given period. This type of statement lists the net effects of various business transactions on cash and its equivalents, as well as cash receipts and disbursements. A cash flow statement summarizes the causes of changes in a company's cash position between two balance sheet dates. Cash flow statements are useful financial statements that help keep track of the company's financial status. It provides various information including the balancing of receivables and payables, paying for its growth, flow of funds, and others that may not be provided in income statements and balance sheets. The aim and major findings are shortly mentioned.793 views
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Share(s), Share Capital and Shareholders: Rights and Obligations
Trainee Advocate, RwandaPages 1022 - 1025Corporate entities inter alia require what is known as share capital to operate and achieve the objective of their shareholders as the case may be. This short paper discusses the concept of share capital, shares as it relates to shareholders, shareholders rights and obligations and the procedure for the transfer of shares. In this short paper, insight would be taken from Rwandan company law/legislation as well as directives from the registrar of companies in Rwanda and other sources as would be indicated progressively. The share capital of a company is a portion of a company’s capital or assets, which is contributed by its shareholders and used in running the activities of the company. A company’s assets cannot by an affirmative action go below its share capital, which represents the minimum risk capital contributed by its shareholders as a guarantee in relation to creditors of the company and in the other hand determines the value of shareholders equity in the company.915 views -
‘Google Abusing its Dominant Position’: The Competition Commission of India
Student at ICFAI Law School, Hyderabad, IndiaPages 1026 - 1031The first step to success is competition. As long as it is done in a legal manner, competition is regarded as a healthy practice for fostering chances and acting as a motivator in any profession. One such law is the ‘The Competition Act, 2002’, which aims to eliminate anti-competitive behaviour by prohibiting anti-competitive agreements and mistreating market domination situations. The Competition Commission of India (Commission) has found that Google has perpetuated its dominant position in the online search market resulting in denial of market access for competing search apps in contravention of different sections of the Competition Act. The Commission opined that the markets should be allowed to compete on merits and the onus is on the dominant players (in the present case, Google) that its conduct does not impinge this competition on merits.829 views -
Pages 1032 - 1040This paper aims to enlighten the readers on the sensitive yet an extremely crucial topic of the LGBTQIA+ Community and their rights. LGBTQIA+ Community includes people who identify themselves as gay, lesbian, bi-sexual, transgenders, queer, intersex, and asexual. For several decades, people belonging to LGBTQIA+ Community have been suffering discrimination, bullying, torture, and threats and are also prone to suicide due to a lack of support from their family members. Owing to society's non-acceptance and lack of basic human rights concerning employment, education, etc., they are forced to depend on prostitution and beggary to sustain themselves. Though there has been a scanty improvement in the last few years, especially concerning the decriminalization of section 377 of the Indian Penal Code, the society has nevertheless failed to welcome the landmark judgment of the court about the decriminalization of section 377 with open arms and are still hesitant to recognize and accept people from this community. The writer in this paper also highlights the presence of homosexuality in ancient times in India and draws the attention of the readers toward the various constitutional rights of LGBTQ+ people. Thereafter, the writer finally talks about the long road ahead that lies to make our country an LGBTQIA+ friendly country and accept their identity without forcing them into surgeries or making them feel guilty for their sexual orientation. However, making India an LGBTQIA+-friendly Country is not an easy task due to the rich culture, ethics, morality, and diverse religious principles that are followed in this country.940 views
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Digitalization of Copyright: Remedies on Infringement
Assistant Professor (Law) at Bennett University, IndiaPages 1041 - 1056The digitalization of creative content poses a more serious threat to copyright law than did earlier episodes of technological advancements. A particularly significant aspect of that challenge is that digital technologies continue to increase the ways in which individual can consume and enjoy creative works-for example, by “ripping” music files from a CD to store on a computer or portable music device- despite the fact that copyright law does not explicitly permit those uses without authorization of the copyright owner. At the same time, advancements in digital technology provide copyright owners with growing capacity to either restrict or charge for subsequent use of creative work. Furthermore, copyrighted works in digitalized form can be flawlessly and inexpensively be copied, reproduced and instantaneously be distributed worldwide. The present paper seeks to study, observe and analyze the changing contexts of digital world vis-à-vis copyright laws. The research is further devoted to the study of the Indian scenario as regards applicability of copyright law to the digital world. The Copyright amendment Act, 2012 has introduced significant changes with regards to the copyright law and internet. The same is reflected through this research paper. Apart from the studying the Indian position, emphasis has also been laid on systems prevalent in the global world of intellectual property rights, dominated by WIPO treaties, various international conventions and the likes of it. The researcher aims to obtain certain objectives through the conduction of the present research so as to have a broader perspective of the subject and recent developments in law. The research is limited to the study of internet work and copyright laws. The present work deals with issues of copyright over internet work, for instance, excessive and unlimited use of materials available over the internet such as research studies, songs, works of art etc... Furthermore, the research also deals with the remedies available on such infringement and contains suggestions as regards the same. An attempt has been made to take into account the laws of a few other countries on the subject and a comparative analysis of the same with India.926 views -
Rural Local Self-Government in India: Development, Constitutional Provisions, Underlying Issues and Possible Solutions
LL.M. Student at Himachal Pradesh National Law University, IndiaPages 1057 - 1066The rural local self-government bodies, also known as Panchayati Raj Institutions modelled on the idea of decentralisation. The idea behind them was to make government and governance reach the doorsteps through the medium of elected representatives elected from local population. The history of this institution dates back to ancient era when they were the bodies to communicate the demands of the village community to the king. It continued, with certain changes till the advent of British era when heavy impetus was given to centralization of administration and thus these bodies were an afterthought. However, later they were re-established by granting them certain powers. They were formally recognized by the Constitution of India during its enactment when they were placed in the Directive Principles of State Policy. This was made chiefly to give substance to the vision of Mahatma Gandhi who saw the rural bodies as epitome of self-rule. Panchayats were formally recognized as a Constitutional body after the enactment of the Constitution (Seventy-Third) Amendment Act, 1992. The idea was to usher an era of economic development and social justice. However, after more than three decades of the Amendment, there are certain functional and institutional flaws in the Panchayati Raj mechanism. These range from financial issues, to issues pertaining to participation of women. However, despite these issues, the rural local self-government institutions can prove to be a prodigious asset, provided certain changes in their working are imbibed such as digitising the mode of execution of their functions.1,796 views -
Nuances of Marketing and the Role of Social-Media in Creating a New Form of Authenticity
Student at Amity Law School, Amity University Rajasthan, IndiaPages 1067 - 1075The intricacies of marketing are a crucial part of corporate strategy, and they are constantly changing. Social media now play a bigger part in marketing than it did in previous years. Platforms on social media present a special possibility for businesses to develop a fresh sense of authenticity in their marketing operations and to establish a more personal connection with their clients. The emergence of social media has changed how customers interact with brands. Traditional advertising techniques that sell goods and services without taking into consideration each individual's tastes, experiences, and values are no longer acceptable to them. Consumers prefer brands that are real, open, and relatable, and social media may help with that.By providing behind-the-scenes photos of their business operations and demonstrating how their products are made, firms can use social media to establish a more personal relationship with their customers. Having discussions that reflect the brand's beliefs and personality is also encouraged. This degree of openness and participation fosters a fresh sense of authenticity that connects with customers and can increase brand confidence. To achieve this new authenticity, though, marketing strategies must be carefully balanced. Businesses must avoid the traps of "fake" or dishonest participation by being genuine in their social media activities. Additionally, they must make sure that their social media initiatives complement their overall brand strategy and that their messaging and tone are the same across all channels. Ultimately, the subtleties of marketing are still changing, and it's fascinating to see how social media is contributing to a fresh authenticity. Brands can forge deeper relationships with their customers and position themselves as reliable sources in their specific sectors by utilizing the power of social media.817 views -
Solitary Confinement: An Insight
Student at CMR School of Legal Studies, IndiaPages 1076 - 1083Solitary confinement, usually referred to as segregation or isolation, is a type of punishment in which a prisoner spends most of the time alone in a cell for weeks, months, or even years. This confinement occurs from 22 to 24 hours each day. Because of the detrimental consequences it has on prisoners' physical and mental health, this type of punishment has drawn a lot of criticism. It is a common kind of punishment in jails all around the world. Prisoners who represent a threat to other inmates, the staff, or themselves are isolated using this method. It is occasionally also applied to prisoners with a large public profile or those who have testified against other detainees. The use of solitary confinement as a form of punishment in the criminal court system is examined in this article. The Indian legal system regulates the usage of solitary confinement is the main topic of this essay. It also looks at the worldwide norms and recommendations made by various nations about the application of this practice. The study addresses the legal issues that several nations, including the United States and Canada, have encountered with their usage of solitary confinement. The essay also discusses alternatives to solitary confinement, including counselling, rehabilitation, and restorative justice initiatives. It makes the argument that these options can deal with the core reasons why disciplinary procedures are necessary while avoiding any potential drawbacks of solitary confinement. The article presents a thorough examination of the moral and legal concerns related to the usage of solitary confinement in the criminal justice system.1,049 views -
The implementation of artificial intelligence (AI) in law firms and the justice system has altered the legal profession's working patterns. When AI is used in law firms and corporations' offices, young lawyers are particularly concerned that their professional and job opportunities, including paralegal jobs, will be reduced. The judicial administrators, on the other hand, are deeply concerned about the benefits and drawbacks of introducing robot judges to hear and decide certain minor civil and criminal cases. According to AI experts, there is still disagreement about whether artificial intelligence will play a significant role in the legal profession and justice systems. Whether AI can reduce the backlog of cases without detracting from the justice system's enshrined principles and policies, and whether the AI’s applicability is free from bias. How well can AI be used in the legal field and justice system, for things like police investigations and questioning of witnesses? So, lawyers and people who work in the court system need to know AI terminology and how it applies to algorithms and AI biases. How will this AI differ from human intelligence? Law school curricula must include machine learning and artificial intelligence for the benefit of future legal professionals to be familiar with the latest technologies. This paper discusses AI in order to help lawyers or law practitioners and judicial officers understand the most recent AI trends, terminology, biases, ethics, applicability, adaptability, and differences between AI, machine learning, deep learning, and statistics. This paper has further delved into the pros and cons of AI adaptability in the legal profession and justice system on account of the research reviews published in web portals, AI books, precedents, and opinions of AI experts, legal luminaries, and judges. This paper provides an opportunity to learn about and comprehend AI and its functions, as well as its limitations and future constraints and the need for a comprehensive regulatory framework to govern AI, it is purely from an academic perspective.2,214 views
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Women in Leadership: Politics and Public Administration
Student at IILM University, Gurugram, IndiaPages 1125 - 1133“Power is not given one has to take it.” This has been the scenario with women in India and in other countries around the world for long years. Although they have accepted the harsh truth and have eventually learned to take a stand for themselves and fight for basic, social and political rights. The under-representation of women constituted a serious democratic deficit, which undermined the legitimacy of the contemporary democratic ideal. Since the seventeenth century, by now there have been many reform movements supported by men for betterment of the situation that had arisen. Many laws came into force giving important political rights to women in India. According to Article 360 of the Indian constitution, adult suffrage will be used as the foundation for elections to the House of People and the state legislatures. Every Indian citizen who is not less than twenty-one years of age on the date that may be fixed in that regard by or under any law made by the appropriate legislature and who is not otherwise disqualified under this constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, is eligible to vote in the elections for the House of the People and the Legislative Assembly of every State. The Constitution 108th Amendment Bill, 2008 seeks to reserve one-third of all seats for women in the Lok Sabha and the state legislative assemblies.883 views -
Critical Analysis of Section 2(2) of Code of Civil Procedure, 1908
Student at Symbiosis Law School, Pune, IndiaPages 1134 - 1138Section 2(2) of the Code of Civil Procedure, 1908 defines ‘Decree’. This section is significant for clarification relating to the nature and scope of a decree, thereby further enabling enforceability of the decrees issued by Courts. For an adjudication to be defined as a decree certain elements such as formal expression, rights of parties, decision to be declared in a suit, adjudication, and conclusive determination are essential. A decree is understood as a civil suit’s primary determinant of the rights of parties and is interpreted to be conclusive. This article aims to understand and analyze in detail Section 2(2) of the Code of Civil Procedure, 1908.1,419 views -
Plea Bargaining Pleaded for Justice
LL.M Student at CNLU, Patna, IndiaPages 1139 - 1150Plea bargaining is a process where the accused and the prosecutor in a criminal case negotiate and agree on a plea agreement, which involves the accused pleading guilty to a lesser charge or accepting a lesser sentence in exchange for a reduced charge or sentence. The use of plea bargaining has become widespread in the criminal justice system, with the majority of criminal cases being resolved through this method. The aim of plea bargaining is to expedite the resolution of criminal cases, reduce the workload of the courts, and ensure that justice is served fairly and efficiently. However, there are concerns about the fairness of the plea bargaining system, as it can lead to coerced confessions, false guilty pleas, and unequal treatment of defendants based on their socioeconomic status, race, or ethnicity. Despite its flaws, plea bargaining remains a crucial aspect of the criminal justice system, as it allows for the efficient resolution of cases and reduces the burden on the courts. However, efforts must be made to ensure that the process is fair and just, and that defendants are not pressured into accepting plea agreements that are not in their best interests. In conclusion, plea bargaining is a critical component of the criminal justice system, and its benefits cannot be ignored. However, it is essential that the system is reformed to ensure that it is fair and just for all defendants, and that it serves the interests of justice. With appropriate reforms, plea bargaining can continue to be a valuable tool in the administration of justice while ensuring the protection of the rights of the accused.974 views -
Rise of AI and Laws around the World Regulating it
Student at Amity Law School, Noida, IndiaPages 1151 - 1160Industries and societies all over the world are being rapidly changed by artificial intelligence (AI). As AI technology develops, it offers new opportunities and challenges for governments to control its use. This paper examines the rise of AI and the international legal frameworks governing it. The emergence of AI has raised questions about its potential ethical and legal ramifications. By putting rules in place that control the creation and use of AI, governments and international organizations are attempting to allay these worries. These regulations seek to strike a balance between encouraging innovation a In terms of AI regulation, the United States and the European Union are at the forefront. In the US, a number of states have passed legislation addressing a range of AI-related issues, including data privacy, accountability, and transparency. Regulations addressing the effects of AI on transparency, security, and privacy have also been put in place in the EU. Many of these laws will be covered in this essay, and we'll also look at the data use and artificial intelligence laws already in place in India and preserving privacy and public safety.731 views -
US-China Conflict over Taiwan: Another War
Student at Amity Law School, Noida, IndiaPages 1161 - 1169The relations between Taiwan and China have been uncertain and with the US intervention in Taiwan and China in the light of recent interaction between Taiwan and the US, what will be the future? In this research paper, we will be focusing on the current tension between China and Taiwan and the US’s role in it, and how will US benefit from It as Taiwan dominates the technology in the terms of manufacturing semiconductor chips on which the US is heavily dependent, and why China is putting pressure or taking the help of aggressive measures to take Taiwan under it. We will also be learning about the history of Taiwan and China and will also be looking into the possible ways the recent tension might turn in the future.799 views -
Case Study: S. Rangarajan v. P. Jagjivan Ram (1989)
Student at Amity Law School, Lucknow, IndiaPages 1170 - 1174The theory of free speech and expression, which aims to reconcile restrictions within the interest of public order with individual autonomy and responsibility.one attention-grabbing space wherever the court’s engagement with the problem is often examined is that of the censorship. S. Rangarajan v. P. Jagjivan ram (1989) it’s the vital case wherever the division bench of the Madras supreme court revoked “u” certificate (suitable for all ages) granted to a Tamil film referred to as Ore Oru Gramathilr (“in one village”), that treated the difference of opinion close social action and the issues of caste. This was challenged before of the court. The state created 2 arguments: initial, that the depiction of the governments reservation policy was ‘biased’, and second, that the reaction within the state of Tamil Nādu was certain to be ‘volatile’. The court command that films couldn't operate in “the free marketplace” like newspaper. Wh ? The case of S. Rangarajan V/s P. Jagjivan Ram directed that there should be a correct balance between one among the proper free speech and restriction of any social interest. the liberty of transfer a thought through movies has conjointly some restrictions below Article 19(2) of the Constitution.3,207 views -
A Study on Qualification and Disqualification of Members of Parliament and State Legislature
Student at NMIMS University, IndiaPages 1175 - 1190The qualification and disqualification of members of parliament and state legislature is a crucial aspect of democratic governance. Qualification criteria, such as age, citizenship, and educational qualifications, ensure that only eligible candidates are allowed to contest elections and become members of the legislature. Disqualification criteria, on the other hand, ensure that members who violate ethical or legal norms are removed from office. This paper provides an overview of the qualification and disqualification criteria for members of parliament and state legislature in India. It discusses the constitutional provisions, judicial pronouncements, and statutory laws that define these criteria. The paper also examines some of the controversies and debates surrounding these criteria, such as the impact of criminalization and corruption in politics. The analysis reveals that while the qualification criteria are generally aimed at ensuring the competence and integrity of legislators, the disqualification criteria are often subject to political influence and manipulation. The paper concludes that effective implementation of both qualification and disqualification criteria is necessary to ensure the credibility and legitimacy of the legislative process, and to strengthen democracy in India.1,614 views -
Analysing the Role of Food Security in IPR
Student at Presidency University, Bangalore, IndiaPages 1191 - 1198The globe has a serious problem with food insecurity. Every level, from people to nations, is concerned about it. At its most fundamental, ensuring food security means upholding everyone's right to eat. Food security is a problem that falls under the broader umbrella of the human right to food, but it also has more direct connections to commerce, economic growth, and agricultural policy. Given that there is sufficient food production worldwide, the issue of global food insecurity might be viewed as a result of market failure. However, intellectual property rights help and support this type of market failure. IPRs have grown in significance during the last two decades in a variety of industries. This includes, for example, agricultural biotechnology, where IPRs act as a fundamental inducement for the growth of the private sector. Given the tight relationship between agriculture and food security, the expansion of IPRs to this sector is particularly important. In other words, the fulfilment of fundamental food needs is intimately related to the adoption of IPRs in agriculture. In this study, the author focuses on the unique connection between intellectual property rights and food security (IPR) and, the topic of food security is examined only in terms of intellectual property.1,266 views -
Human-Wildlife Conflicts in India: The Legal Sphere and the Lacunae
Student at Himachal Pradesh National Law University, IndiaPages 1199 - 1210Human–wildlife conflicts are described as the negative interactions that occur between humans and wildlife, resulting in detrimental impact to humans, wildlife and the available resources. The Wildlife (Protection) Act, of 1972 confers the highest degree of protection to animals contained in schedule I of the act. However, the majority animals contained therein are found outside the protected areas, rendering them unsafe due to their conflicts with humans. The lack of a specific legislation dealing with human- wildlife conflicts, and the disregard for the existing legal framework invigorates the extinction of several keystone species. It is undeniable that such conflicts impact both humans and animals; however, wildlife is compelled to pay a heavier price because of anthropocentric bias towards man. The landmark incident of tigress Avni’s killing put the spotlight on the complex nature of wildlife conservation in India and the emerging challenges. Even though it is not possible to completely eradicate these conflicts, effective community based mechanisms having strong legislative backing can aid in the mitigation of such incidents and pave the way towards the harmonious co-existence of humans and wildlife. This research paper aims to analyze the causes of the increase in incidents of human-wildlife conflicts along with the legislative lacunae surrounding the issue and provides solutions to minimize them.1,418 views -
Pages 1211- 1219IKEA is a multinational company that designs and markets ready-to-assemble kitchen appliances, home accessories, and furniture. The company has grown rapidly since its inception in 1943, and it is currently one of the largest furniture retailers in the world, with more than 400 stores in over 50 countries. This research paper examines IKEA's global positioning strategy, which has contributed to its success in the international market. The study analyses the company's market segmentation, target market, product positioning, marketing mix and various global marketing activities.3,020 views
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Victimology: Victim Compensation Scheme as Restorative Justice
LL.M. Student at Chanakya National Law University, Patna, IndiaPages 1220 - 1232Victimology is a growing field in the criminal justice system, which acknowledges the need to address the harm done to victims of crime. One of the essential components of restorative justice is victim compensation schemes, which provide a means of redress to victims and empower them in the process of repairing the harm. In India, victim compensation schemes are an important development in the pursuit of restorative justice, as they provide victims with a voice and help them recover from the effects of crime. This paper examines the concept of victimology, victim compensation schemes in India, and their role in restorative justice. Specifically, it highlights five cases of the Supreme Court of India that have dealt with victim compensation schemes and their implementation. The paper analyzes the judgments of these cases and identifies the key takeaways that can guide policymakers and stakeholders in the design and implementation of victim compensation schemes. The cases demonstrate the Supreme Court's recognition of the importance of victim compensation schemes in India's criminal justice system. For example, in State of Maharashtra v. Manubhai Pragaji Vashi, the Supreme Court held that compensation to victims of crime is a fundamental right under Article 21 of the Indian Constitution. The court emphasized the need for a victim compensation scheme to be formulated and implemented at the national level. Similarly, in Delhi Domestic Working Women's Forum v. Union of India, the Supreme Court recognized the need to compensate victims of sexual assault, harassment, and exploitation. The court directed the establishment of victim compensation schemes for women victims. Overall, victim compensation schemes play a crucial role in restorative justice, providing a means of redress to victims and promoting accountability for offenders. These schemes help victims overcome the trauma of crime and aid in their recovery, while also holding offenders accountable for their actions. The paper concludes that the design and implementation of victim compensation schemes in India must prioritize the needs of victims and ensure that they receive adequate compensation and support to rebuild their lives.1,974 views -
Pages 1233 - 1239Bad debt had been increasing at a very fast pace so the Government of India came with the idea of Insolvency and Bankruptcy Code (IBC) 2016. This article deals with how the Insolvency and Bankruptcy Code(IBC) 2016 came in to existence; Board established to manage the working of IBC; how the situation were before the commencement of IBC; this article chronicles the laws that were in existence prior to the IBC. Voluntary Liquidation Process (One of the important aspects of IBC); then comes the Amendment 2022. This article delectably presents the Judgements related to the IBC Code. Then the article is concluded with the importance, drawbacks and way forward.1,040 views
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Problems and Relevance of SAARC
Student at Darsh College of Education, IndiaPages 1240 - 1243SAARC has been playing an important role in the form of regional aspiration. It is having a lot of possibilities and potential in it. But even then due to inappropriate attention and rivalry among its members, it is not able to get results according to its potential. This research paper focuses on all major aspects of SAARC which show the importance, problems and relevance of SAARC despite of all differences.751 views -
Cyber Forensics in India
Student at Symbiosis Law School, IndiaPages 1244 - 1257As the world becomes more digitally connected, computer forensics becomes more important every day. For the purpose of identifying cybercriminals and recovering crucial, stolen data, digital evidence management is essential. Computer forensics aids in the identification, gathering, and archiving of evidence from an electronic device by utilizing technology and investigation procedures to make the information usable in the court of law as evidence. Computer forensics conducts a structured investigation and upholds a chain of evidence to pinpoint precisely what happened on computing equipment and who was responsible for it. There is no single codified statute or law in India that addresses computer forensics. The reason might be that technology law in India is still in its infancy. In order to combat cybercrime using the most up-to-date forensic technology, it is necessary to alter current regulations and create a new techno-legal framework. The present paper explores types of cyber forensics and the investigation procedure for obtaining such information. Further, the paper also ponders on the question of whether cyber forensics breaches an individual’s right to privacy and if there is any way to keep the person’s private information safe.1,026 views -
Pages 1258 - 1270This paper explains the inventory management strategies adopted by leading brands amazon, flipkart and tata. But before getting into the strategies adopted by each company mentioned above, the different types of strategies to manage inventories are explained in general. Finally, to understand the operations and functioning of each company, the pestel analysis for all three have been done.891 views
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A Critical Analysis on the Impact of Poaching of Animals on Environment and the Laws Prohibiting it in India
Student at Symbiosis Law School, Pune, IndiaPages 1271 - 1278This study aims to highlight on the Harmful impact of Poaching of Animals on Environment, Biodiversity, Wildlife and Climate. It provides an idea of what are the primary reasons for poaching, talks about the current rules and legislation prohibiting Wildlife Poaching Activities in India and curbing Illegal Trade of Animal Body Parts. It also highlights the new steps and legislations introduced by the government and also elaborates on the competence of these laws.It gives the example of a landmark case which involved poaching and animal trafficking. It further gives some ideas and recommendations on what can be done to prevent poaching and strengthening the legal framework governing Poaching and Wildlife Trafficking. This study is therefore a critical analysis of what is already done with regard to prevention of poaching in India and what is still left to be done.971 views -
Judicial Separation under Hindu Marriage Act, 1955
Assistant Professor at University School of Law, Guru Kashi University, Talwandi Sabo, IndiaPages 1279 - 1286Marriage is considered as an important part of human being’s life. On the other hand, judicial separation and divorce are the most difficult situations in one's life. Marriage is considered as a sacrament in Indian culture. It is an unchangeable husband-wife relationship made of custom and tradition. Prior to 1955, either party had no recourse of a marriage breakdown. They had to go ahead with the relationship, and the marriage could not be dissolved by divorce. After 1955, Hindu Marriage Act came into force which provides provisions related to judicial separation and divorce. According to Manu, husband and wife cannot be separated from each other till death. Their marriage cannot be broken. According to the Arthashastra, a marriage dissolved by mutual consent would be void, and the marriage should be repudiated by both parties mutually. According to ancient scripture, husband is incomplete without wife and wife is incomplete without husband. Wife is considered to be ardhangini of her husband who cannot be separated from her husband. However Manu does not have much faith in the idea of dissolution of marriage. But According to the Hindu Marriage Act, 1955, the section 13 extended into many sub-clauses as one can take divorce from his/her spouse on the basis of many grounds. Divorce is represented by the Act as the marriage dissolution. The marriage or marital status relation should be coated by some protection for the purpose expressed by law for society's interest. Divorce is allowed only for a weighty reason mentioned under Hindu marriage Act 1955, under section 13 otherwise, alternatives are given. Section 10 of Hindu Marriage Act, 1955 provides concept of judicial separation for both spouses who get married under same Act. If they do not want to stay in marriage, they can file a petition for judicial separation under section 10. When the order is passed, they are not bound to have cohabitation.1,699 views -
Analysis of Conflict Between CCI and Sectoral Regulators: Challenges and Solution
LL.M. Student at CNLU, Patna, IndiaPages 1287 - 1306The competition Commission of India (CCI) is vested with an extraordinarily power or duty under the legislative framework of Section 18 to eliminate practices having adverse effects on competition, to promote and sustain competition and to ensure freedom of trade. The mandate given to the CCI by the law overlaps with the jurisdiction of the sector-specific regulators such as Telecomm Regulatory Authority of India(TRAI), Insurance Regulatory and Development Authority(IRDA)etc. This research paper focuses to analyse this overlapping and provide solutions thereof.1,072 views -
Three Judges Case – What We Lost, What We Gain: An Exploration
Student at Department of Law, Xavier Law School, Bhubaneswar, Bahelipada, Odisha, IndiaPages 1307 - 1317The phrase "Supreme Court Collegium" is commonly used while reading or debating about the Supreme Court (SC). One of the main pillars of the Indian court today is this system, despite the fact that most individuals are unaware of it and the ruling class is strongly opposed to it. Understanding the three-judge case and how it affects the current collegium system judgment is the main goal of this research study. For the current doctrinal research project, we discussed the history and evolution of judicial nominations as well as how they have changed through time as a result of key revisions to the Indian Constitution. We then came to a conclusion with a reasonable critique.1,703 views -
Indian Census 2021: Impact of COVID-19 on its Operation & Implementation
PhD Research Scholar at Department of Political Science, Desh Bhagat University, Mandi Gobindgarh, Punjab, IndiaPages 1318 - 1332In the current post-pandemic triggered health crisis, timely and reliable disaggregated data and statistics are critical to understanding, managing, and mitigating the human, social, and economic losses affecting billions of people. However, the disruptions to such regular and reliable data production operations such as national-level censuses caused by the lockdown of coronavirus disease (COVID-19), combined with an unprecedented surge in demand for information to monitor the spread of the virus and mitigate its impact, have presented unprecedented challenges to the data and the statistical community at the global, regional, and worldwide levels. In addition, the pandemic struck at a time when many countries, India included, were already struggling with severe resource constraints and facing urgent calls from all sectors of society to fill the serious data gaps needed to usher in a decade of action with effective, targeted measures to achieve the Sustainable Development Goals (SDGs). Building on the available qualitative data the current research aims to explore and analyze the problems standing in the way of accurate, safe, and prompt data collection in light of the Covid-19 pandemic, by conducting an in-depth study of the now postponed Indian census 2021.1,003 views -
Pages 1333 - 1338Last week I bought a pair of shoes that I did not require, which is costly enough to buy me a decent laptop. I saw them in an ‘un-boxing video’ by a famous vlogger on YouTube. It was like I was under some influence; I could not resist myself. I pride myself on having good willpower and control, but alas! As a business student, I was intrigued and worried simultaneously, so I decided to talk to my Professor of Marketing and do some research. The present article outlines our exploration of Influencer marketing and its potential psychological drivers.1,165 views
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Comparative Analysis of Maternity Relief Laws in India vis-à-vis Singapore & Sri Lanka
PhD Research Scholar at School of Law, Lovely Professional University, Phagwara, Punjab, IndiaPages 1339 - 1350This paper is mostly concerned with the maternity benefits offered in India and other nations (Singapore & Sri Lanka). One-third of pregnant women in today's society work, and they face challenges that make it difficult for them to overcome health-related problems. All across the world, maternity benefit programmes have been put in place by various national governments. With a few exceptions, both the public and private sectors must adhere to this. In other words, a woman is only qualified if she has been employed by a business for at least 80 days in the previous 12 months, and her maternity leave payout is determined by her daily wage and actual absence. But for female employees receiving maternity benefits in the public and private sectors, the government's benefit provisions act will remain the same. The maternity benefit programmes truly aid in the healthy protection of the mother and her child's lives as well as in providing for her maintenance needs, such as paid time off, pay, and bonuses. She can work from home and get an extension if necessary. Both the employer and the employee have agreed to it. She will be better able to care for her unborn child as a result both during and after her pregnancy. Therefore, the goal of this study is to understand precisely how maternity benefit plans for women offer them with facilities and how they differ in different nations.788 views -
Crime Prevention through Environmental Design
LL.M. student at Chanakya National Law University, Patna, IndiaPages 1351 - 1365Crime prevention through environmental design is a way of making public spaces safer and more inviting by applying some principles of design and planning. Some of these principles are: natural surveillance, which means making sure that people can see and be seen by others; natural access control, which means limiting the entry points and exits to a space and making them visible; territorial reinforcement, which means creating a sense of ownership and responsibility for a space; and maintenance, which means keeping the space clean and well-lit. By following these principles, crime prevention through environmental design can reduce the opportunities and motivations for criminal behavior and increase the sense of community and well-being among the users of the space.820 views -
Critical Analysis of International Tribunal for the Law of the Sea (ITLOS)
Student at Symbiosis Law School, Pune, IndiaPages 1366 - 1374Oceans are vital to the planet's survival. Despite covering more than 70% of the planet and being one of the world's largest food producers, they have found themselves entangled in a tangle of disputes, pollution problems, competition over lucrative fisheries in coastal waters and adjacent seas, and a growing tension between coastal nations over these resources. This study examines ITLOS's jurisdiction and the cases considered by the tribunal. Tensions occurred between attempts by large maritime powers to preserve the status quo on the one hand, and attempts by major maritime powers to maintain the status quo on the other, as coastal governments attempted to defend their economic interests over vast expanses of sea.1,297 views -
Lifting of Corporate Veil: Recent Developments and Ways for Protection
Student at Amity University Lucknow, IndiaPages 1375 - 1381The legal division between a business and its owners, directors, and members is referred to as the "corporate veil." A company is seen by the law as being a separate legal entity from its members. Even if he owns all of the company's shares, a shareholder or member cannot be held accountable for the actions. The removal of the corporate veil doctrine enables the court to ignore the corporate form and hold individuals accountable for its deeds. The conventional method of removing the corporate veil as well as more recent innovations are examined in this essay along with any ramifications for corporate law. The paper begins by outlining the conventional justifications for breaching the corporation veil, such as fraud, inappropriate intent, and alter ego. It then examines recent cases where the courts have applied the doctrine more broadly, including the acceptance of the corporate veil piercing doctrine in the context of group companies, the use of the doctrine to hold parent companies accountable for the deeds of their subsidiaries, and the application of the doctrine to LLCs and LLPs. The article also examines the legislative ramifications of these changes, including possible effects on liability, risk management, and corporate governance. The conclusion of the paper discusses the difficulties that these developments present for corporation law as well as the necessity for additional study in this area.2,038 views -
Reforms in Company Law in India and its Effect to Post Colonial India
Student at Amity University Lucknow, IndiaPages 1382 - 1385The term ‘company laws’ can be expressed by the laws and rules that govern companies and their administration. Companies have played a significant role in developing the finance, infrastructure and industrial sector. (Dr Usha, Company law Reforms in India- An Overview).So, it becomes important to have some laws to regulate them. As, it directly affects the nation in so many ways. As a consequence of deregulation and the company law's procedural simplification, post-reform corporate India has seen tremendous growth and expansion.(J.P.Sharma, An easy approach to company and compensation Laws).This paper analyses the reforms and change in chronological order that impacted a huge role in post-independence India.836 views -
Pages 1386 - 1401Criminal Justice System in India is generally gigantic and arduous bestowed with myriad goals. The concept of Bail in criminal justice system has become increasingly elusive, insurmountable, and enigmatic. Refusing to grant bail to jailed accused is a grave violation of liberty of an individual and undermines the legality as well as the legitimacy of the justice system. The code doesn’t provide the exhaustive list of the conditions, rather it depends upon the judicial discretion of the court. The real challenge before the criminal justice system is the overreach of the State. Bail is germane to criminal justice system to accomplish the object of the Code of Criminal Procedure – Fair Trail and Justice. From this vantage, the paper seeks to analyse the jurisprudence of bail. The object of this paper is to give an overview of the jurisprudence of Bail including history of bail and provisions relating to the bail in the Code of Civil Procedure, but does not look at specific legislation. We then explain the golden principle followed in India – Firstly, presumption of innocence till the guilt is proved beyond reasonable doubt and Secondly, the onus of proving the offence does not shift upon the accused. We then analyse the grant of bail as rule while using the historical precedents. We also explain how unbridled discretion operates in case of bail along with the test laid down by the Apex Court for guiding discretion by courts. The authors also give an insight into challenges before the judiciary with regard to bail. Last but not least, we also analyse a possible first step to remedy this situation – Bail Law. We conclude with the observations in support of just system of bail. Just System is a system in which court provide services rather than onerous conditions and ensure that citizens are not wiped-out unconstitutional principles.1,769 views
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An Examination of the Obligations of Directors under the 2013 Companies Act in Contrast to the 1956 Companies Act
Student at Amity University, Lucknow, IndiaPages 1402 - 1407The success of a company largely depends on the individuals who manage and direct it, making it essential to appoint directors who possess integrity and proper management knowledge. To ensure better corporate governance and security, the Companies Act of 2013 in India has made significant contributions by defining the obligations and duties of directors, especially those in public limited companies. The previous Companies Act of 1956 was inadequate in this regard, but the Companies Act of 2013 can be viewed as landmark legislation that clarifies, redefines, and expands the ambit of directors' obligations and duties. The new provisions in the Companies Act of 2013 offer greater protection to directors concerning their conduct and duties, ensuring better corporate governance and management. These provisions empower and enable regulators, courts, and stakeholders to judge, regulate, and control directors' activities and obligations more fairly and effectively. The article offers valuable and insightful information on these new provisions of the Companies Act of 2013, specifically related to the roles, obligations, and duties of directors and independent directors of public limited companies. The welfare of an organization depends on the shoulders of its directors, who are responsible for the interests of the company and its shareholders. Directors are essentially trustee agents and owe duties to the company; they are appointed by the shareholders to run the company's affairs for the benefit of the shareholders. Without good and proper directors, no company can achieve success, making the role of directors highly critical in any corporate governance system. The duties of directors are based on specific common law rules and equitable principles, and they owe these duties to the company and its stakeholders. The obligations of directors are of no significance if they cannot be fully enforced. Enforcement is provided through different types of controls, including state enforcement, statutory enforcement, and derivative actions. Common law provides three methods of enforcement, and breaches of directors' duties offer various remedies. If a director breaches an obligation, there are available remedies for the company, shareholders, and other stakeholders under the Companies Act 2006. Other laws that deal with breaches committed by directors and the remedies available against them include the Company Directors Disqualification Act 1986 (CDDA) and the Insolvency Act 1986.727 views -
A Study on Interpretation of Right to Freedom from a Judicial Perspective
Student at CMR University School of Legal Studies, Bengaluru, IndiaPages 1408 - 1414The constitution is the living document which provides for the basic rights of an individual, one of these important rights is the Right to Freedom. Right to Freedom can be the Right to freedom of speech and expression, freedom to peaceful assembly, freedom to an association, freedom to move freely in India or to settle in any part of the country . Judiciary from time to time have interpreted these rights to meet the current need of the society and protected the rights of the citizens of India. This situation arises when either any enactment or any executive action abridges or violates the fundamental rights embodied in the constitution. The judiciary, to protect the citizens from these encroachments which affect their fundamental freedom interpreted and construed these rights of freedom as per the need of the time. This paper will analyze the right to the freedom given to citizens of India and also emphasize how the judiciary has interpreted these rights to protect the rights given to people. This paper will further analyze the interpretation of restrictions imposed upon fundamental freedom.19,188 views -
Honour Killing as a Crime in India
Assistant Professor at Alliance School of Law, Alliance University, Bengaluru, IndiaPages 1415 - 1421Life is unforeseeable and every human being has the right and ability to live life according to their willingness. No person shall, for the good and name of another, be compelled to live a life. In such a scenario, Honour Killing is killing a person, maybe a male or a female, who does not embrace the family’s arranged marriage or decides to transfer her marital life according to her or his wish only because it takes the family’s honour down. The family’s supreme authority looks after the family’s reputation, but forgets to care of the warmth and respect exchanged with the family members. The present paper discusses the legal provisions to deal with the crime of honour killings in India.946 views -
Ownership of Copyrighted Material Created by Artificial Intelligence: An Indian Law Perspective
Research Scholar at Mohan Lal Sukhadia University, Udaipur, IndiaPages 1422 - 1436The rationale behind Indian copyright law is utilitarian: writers are given a little monopoly to encourage the creation of unique, expressive works that will benefit society as a whole. In the very near future, this philosophy may need to be applied to non-human, machine writers. As more and more literary, musical, and artistic works are produced by software programmes, it seems that machine-authored works may soon become the norm rather than the exception. The proliferation of computer-generated works creates intriguing and innovative copyrightability issues, but the literature yet ignores a fundamental query: Does granting copyright protection to machine-authored works advance or undermine the goal of copyright law? This Comment adds a number of new insights to the field of copyright law. First, it raises basic concerns about how the current copyright regime would be applied to the numerous contributors to machine-authored works and highlights the difficulties in doing so, especially in determining the true author of the work. Second, it assesses whether the economic incentive theory should be used to determine if the human author of machine-authored works should be given rights. It contends that rigid implementation of copyright law results in a contribution/rights contradiction since the one who made the greatest contribution to the development of the work—its author—is not the person to whom copyright protection should be granted. The Comment concludes by arguing that it would be improper from a social policy viewpoint to extend protection to totally autonomous computer-generated works since copyrights provide nothing in the way of financial incentives to the actors engaged in producing machine-authored works.1,104 views -
Challenges to Credibility of Arbitration Process in India
Student at SOA National Institute of Law, IndiaPages 1437 - 1442A right for the accused to be tried quickly is created by the fair, just, and reasonable procedure outlined in Article 21 of the Constitution. The accused has the right to a speedy trial. The sooner problems are resolved, the better for each party involved as well as for society as a whole. Justice being delayed is the ultimate farce of the law, but in India, the delay actually has the unintended consequence of destroying the entire legal system. Here, alternative dispute resolution enters the picture. Conflict resolution options like alternative dispute resolution are being studied. It resolves conflicts involving many different subjects, such as civil, business, industrial, and many more. Using this approach, the problem at hand must be resolved with the aid of a third party who is not involved in the conflict. A third objective party is required to discuss the problem, debate it, and come up with a solution so that it can be resolved. It seems to be a useful technique for resolving disputes. With the only choice of discussion, arbitration, conciliation, and mediation, alternative dispute resolution (ADR) approaches are utilized to hasten conflict resolution and lighten the strain on the courts. Articles 14 and 21, which are based on the concepts of equality before the law, the right to life, and the right to personal liberty, recognize ADR in India. With the exclusive alternatives of negotiation, arbitration, conciliation, and the inherent legal restrictions in the same, alternative dispute resolution (ADR) approaches are utilized to expedite conflict resolution and lessen the burden on the courts. The basic aim of the ADR system is just for less intervene of the judicial system but now a days this system is inefficient to touch its sole target. This study seeks to shed some light on the numerous difficulties that alternative dispute resolution techniques face.799 views -
Relevance of Bhagat Singh in Modern Era
Teacher at Senior Secondary School, IndiaPages 1443 - 1446Bhagat Singh inherited the legacy of patriotism and sacrifice from his family. He was an advocate of equalitarian society where there is no exploitation and discrimination on any ground. He was against the discrimination of a man from man on the basis of caste, creed and religion. He was against the taboo of untouchability. Though, Bhagat Singh was quite conscious about role of religion in public life but he was totally against the use of religion in politics. In present time the religion and caste are being used as the weapon in politics to gain political power and government policies are being framed for the benefit of the capitalists. In present scenario the struggle against casteism, communalism, imperialism and economic inequalities is more complex but it is more urgent than it was during the Bhagat Singh’s time.1,315 views -
Critical Examination of Shift in Women’s Participation in Start-Ups
Student at Amity Law School, Amity University Rajasthan, IndiaPages 1447 - 1456Traditionally, women in India were limited to the household work and management. The participation of women in business was marginalized. But, after years of hard work women’s have made considerable place for themselves in the business society. The increasing participation of women in business has led to many women-led startups in India. Women led startup businesses like Nykaa, Mobikwik and Zivame are being proved to be pioneers of the establishment of women in business. This paper will focus on the opportunities and challenges faced by various women led startups in India that led them to the position that they are today. It aims to give a critical understanding of factors that impacted the growth of the various female run start-up businesses as well as the strategies that helped the business grow. This paper will also include the analysis of various schemes of the government to promote the participation of female in business.808 views -
Pages 1457 - 1466Since the emergence of the internet and social media such as Instagram, it is used by its users to transact buying and selling goods among its users. In this case, the user as the seller in order to attract other users (potential bidders/buyers) by using auction methods, so that the goods offered get the optimal price. The method of auction through the Instagram in Indonesia is prohibited, because in addition to violating existing laws related to auctions, namely not being carried out in front of the Auction Official and also no Auction Minutes are made as evidence of the implementation of the auction, besides that there is also no legal certainty for the winner of the auction (buyer) or from the seller. The method used in this research is a juridical research empirical. The research found that auction through the Instagram in Indonesia is prohibited, because in addition to violating existing laws related to auctions, namely not being carried out in front of the Auction Official and also no Auction Minutes are made as evidence of the implementation of the auction, besides that there is also no legal certainty for the winner of the auction (buyer) or from the seller.856 views
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Case Analysis of Mohd. Ahmed Khan v. Shah Bano Begum
Student at NMIMS KPMSOL, IndiaPages 1467 - 1472Legal precedent was set in India in 1985 with the Shah Bano case, which affirmed Muslim women's entitlement to alimony payments from their ex-husbands. Many Muslim women in India still encounter considerable obstacles to implementing this right over four decades after it was first established. This research intends to examine the legal, social, and economic aspects that contribute to the difficulty of enforcing maintenance payments for Muslim divorcees in India. This study will use in-depth interviews and focus groups with divorced Muslim women, legal professionals, and civil society organisations to identify the primary barriers to justice for women and to investigate possible solutions. The research intends to inform efforts to promote greater gender equality and access to justice for all, as well as to contribute to a better understanding of the complex and multifaceted problems that Muslim women in India experience in seeking maintenance payments after divorce.2,851 views -
Cyberspace as a Non-Territorial Virtual Space: Unraveling the Conundrum of State Sovereignty in the Cyberspace as a New-Domain
Exchange student at the Universidad Pontificia Comillas, Madrid (Spain), Currently studying at O.P. Jindal Global University, IndiaPages 1473 - 1477Cyberspace has grown and altered many facets of human life during the course of last three-decades. Governments, organisations, and general public have all greatly utilised the potential that cyberspace offers. The established political, social, and economic systems of the international order have been put to test by the internet. Parallel to these unprecedented changes, the rise of cyberspace has posed significant risks to both individual(s) and societal security. Key national infrastructure is vulnerable to cyberattacks, cybercrime and cyber-espionage endangers the world economy; whereas hackers intimidate people. Armed forces, terrorist organisations, and even “lone-individuals” now have all the potential to wage cyberattacks against vital infrastructure as well as military networks. All of this, raises the critical question of whether or not, is it possible for individual states to regulate cyberspace as a non-territorial virtual space? This Reflection Article, builds upon this critical question and, undertakes a “global-commons” approach for tackling the contemporary security challenges in the cyberspace!858 views -
Delayed Justice is Injustice: The Ugly Truth of Pretrial Detention
Student at Rizvi Law College, University of Mumbai, IndiaPages 1478 - 1485The current topic has come to light after our President Smt. Draupadi Murmu’s speech on Constitution Day, draws concern over the rising number of undertrial prisoners. The presumption on which the principle of our justice system is based is “innocent until proven guilty” which has come into question now due to the prolonged periods of imprisonment of undertrial prisoners. Without conviction, they are serving prison sentences and in many cases, these sentences exceed the punishments prescribed in the code. The statistical report highlights the increase in the share of undertrial prisoners in the total prison population over the years. The paper investigates the factors responsible for the prolonged detention of undertrial prisoners such as delay in trials and investigations, poor economic conditions, deprivation of legal representation, biasness of the bail system towards the rich and privileged classes, low judge-population ratio and illiteracy. The research, further, explores the negative impacts on the lives of undertrial prisoners taking a heavy toll on their physical as well as mental health, sometimes leading to unnatural deaths; discrimination by society and extreme financial hardships. The study, thereafter, highlights the fundamental and legal rights guaranteed to them by the Constitution of India,1950 and the Code of Criminal Procedure, 1973 supported by various landmark judgments, which in this case are clearly violated. Lastly, the paper presents a set of suggestions that could reform the prevailing criminal justice system of India.1,080 views -
Nuclear Energy: Enviro-Legal Implications and India’s Goal of Energy Independence
LL.M. Student at Chanakya National Law University, Patna, IndiaPages 1486 - 1500For any profit driven and developing nation-state, the desire to improve industrially and economically has always been the top objective for the nation's growth. A balance between the right to growth and the right to a clean environment should exist, even if there is no formally recognised right to development. A clean environment is a right that is routinely ignored and it is relevant for nuclear energy industry too. Although nuclear power plants are a dependable source of energy, their operators must take great care to protect the environment. The majority of the material handled by nuclear power plants is radioactive which in case of an adversity may lead to accidents like the Three Mile Island incident, the Chernobyl disaster and the Fukushima disaster and hence they possess a potential to cause catastrophic damage to the people and the environment. This paper discusses nuclear energy, its potential impact on the environment and the enviro-legal implications in India. Over the years, while furthering its quest for energy independence, India has made efforts to adhere to the international safety standards and policies. However, the extent to which these policies prioritise the environment over the economy and the well-being of citizens is still up for intense debate. It must be acknowledged that people and environment come first and responsibility of the State is immediately behind it. The paper further takes associated factors like nuclear waste disposal, state responsibility, potential harm and extent of liability into consideration. The authors attempt to examine whether the existing laws and judgments make way to create a balance between environmental conservation and India’s goal of becoming energy independent by 2047.988 views -
Bhagat Singh on Youth and Youth Politics
Teacher with Department of Education (Government of Himachal Pradesh), IndiaPages 1501 - 1503Bhagat Singh himself being quite young when he attained martyrdom for his nation had a in-depth understanding of the capabilities and potentials of the youth. He was of the view that only the youth of the nation can liberate it’s nation from the pains and agonies being inflicted by the capitalists and ruling class on the proletariats. His recommendation to the youth is to start a war against the internal weaknesses of self and Society which are being exploited by the selfish. Mere emotional reference to Bhagat Singh’s sacrifice is missing his legacy we should instead try to imbibe his ideas.1,134 views -
Criminal Investigation by Police Force
Student at NMIMS KPMSOL, IndiaPages 1504 - 1512Purpose: This research work aims to study and analyse the process of police investigation in cases of criminal offenses committed, this paper also serves the purpose to find the possible recommendations and changes to be made in the process of investigation. Research Implications: This paper provides a secondary study on the existing processes of investigation which is taken up by the police.” Originality: This paper presents the study on the investigation process which is used by the police department in case of a criminal offense being committed based on different kinds of literature including research papers, websites, and articles.”883 views -
Pages 1513 - 1522The environment and society are both impacted by corporate social responsibility, and businesses have a responsibility to society. CSR was established to give back to society and the environment in place of what is being drawn because it could be that they generate and distribute wealth in a way that is against nature's norms, social behaviour, or trade and commerce rules. This is remembered to fall under the domain of each organization. a duty to the community. The work and activities that businesses perform to support social causes and development, the environment, disaster relief, and the community are referred to as "corporate social responsibility" (CSR) in their broadest sense. In 2013, a demonstration made the Corporate Social Obligation obligatory for Indian businesses. Under the Companies Act of 2013, businesses are now required to publish their CSR report in addition to their annual report and Business Responsibility Report (BRR). They have made CSR an integral part of their brand image in the hope that customers will be more likely to do business with brands that they perceive to be more ethical. Social responsibility is good because it helps society and the environment by reducing their negative effects. This paper attempts to answer such fundamental questions. It will endeavour to propose manners by which Corporate Social Obligation can help with adjusting social and financial advancement. Paper would also try to highlight existing corporate examples of social responsibility and the benefits they have brought to the company.1,001 views
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Uniform Civil Code: A Myth or a Reality
Research Scholar in IndiaPages 1523 - 1528India is a secular country having various cultures and traditions, yet having no religion of its own. It is a country with mixed culture, tradition, practices, yet there is no uniformity as such. Under the Constitutional provisions of Article 44 which basically talks about uniform civil code which will bring uniformity in all matters relating to personal laws of our country. During 18th century Warren Hasting provided that all Hindus and Muslims were to be governed by their respective personal laws in matters of inheritance, marriage, divorce and other religious usages. During the British era, the Britishers identified that ruling India was a difficult task due to the fact that India is a country with diverse communities having separate sets of beliefs and morals. Britishers tried to make a uniform Code for criminal matters and under the hand of Lord Macaulay Indian Penal Code was enacted in the year 1860, but however a common code for civil matters was not possible. Goa being under the colonial system of Portuguese adopted Goa Civil Code and became the first and the only Indian state to have Uniform Civil Code. As the proverb goes “A Journey of thousand miles begins with a single step”- A small initiative has been taken to bring all personal laws under one roof. The Legislators time immemorial has tried to frame a uniform civil Code but has ultimately failed. Is it only the religious factors or it’s just that Art 44 of the Indian Constitution is embodied as a human being with no hands or legs? Through this article, the Author have tried to find out the main reasons for failure of uniform civil code and have tried to show that the dreamland of making India fall under the ambit of UCC is actually a reality or simply a myth?. Hence the author will try to elaborate the present scenario of UCC and the future consequences of bringing UCC into our Indian society.1,177 views -
Memorandum of Association in Company Law: A Study on Indian Judicial System
Student at Amity Law School, Amity University, Lucknow Campus, Uttar Pradesh, IndiaPages 1529 - 1534One issue resulting from the memorandum's listing of the objects of association was the subject of lengthy discussion for many years. The courts determined that the corporation was not permitted to make contracts with legal force or take any actions that were inconsistent with the memorandum's stated purposes of organisation. Since the Companies Act of 1989, the law has undergone significant modification, and only very seldom will the previous law be applicable. The necessity of comprehending the common law rules was not entirely eliminated by the revisions, nevertheless. The necessity of comprehending the common law rules was not entirely eliminated by the revisions, nevertheless. This chapter will first look at the history and rationale behind the common law standards, then the new rules, and then briefly touch on the challenges that anyone attempting to bring up an issue of supra vires could have in the few instances when it might still be relevant.849 views -
Liability of Artificial Intelligence in Air and Space Law: An Emerging Paradigm in the Realm of International Law
Student at St. Joseph's College of Law, IndiaPages 1535 - 1551The role of Artificial Intelligence in air and space law has gained traction in the recent years with studies been undertaken to assess its impact and benefit for the human race. While many advocate the various benefits of artificial intelligence in air and space law one must note that like all things even artificial intelligence must be regulated by law. Reflecting this statement this paper aims to discuss the scope of AI from the lens of international law and its application to space operations, its fault in case of accidents and causation for damages in the real world. It also deals with aspects of context of applicability of law in AI, the role of humans in programming it and the scope of liability under international law. This paper also aims to propose various mitigation measures which could be adopted by governments in the future years to strengthen the regulation and use of artificial intelligence for the benefit of mankind.991 views -
The Role of the Board of Directors in Managing Corporate Risk
Student at Amity Law School, Lucknow, IndiaPages 1552 - 1564Corporate risk management is a critical function for any organization, as it can significantly impact a company's financial performance and reputation. The board of directors plays a crucial role in managing corporate risk by overseeing and directing the organization's risk management strategy. This research paper aims to examine the role of the board of directors in managing corporate risk. The research will begin by providing an overview of the concept of corporate risk management, including its importance and various types of risks faced by companies. Next, it will delve into the role of the board of directors in managing corporate risk, including the responsibilities and duties of the board in overseeing and directing the risk management strategy. The research will also explore the factors that can influence the effectiveness of the board's risk management efforts, including the composition of the board, its level of engagement, and the company's organizational culture. Additionally, the study will examine the legal and regulatory frameworks that govern the board's role in managing corporate risk. To conduct this research, a mixed-methods approach will be used, including a comprehensive review of relevant literature, case studies, and surveys. The research findings will provide insights into the role of the board of directors in managing corporate risk and will have practical implications for companies seeking to improve their risk management strategy. In conclusion, this research paper will contribute to the understanding of the board's role in managing corporate risk and provide recommendations for improving the effectiveness of the board's risk management efforts.1,131 views -
The Impact of Digital Technology on Company Law: An Analysis of the Legal Challenges and Opportunities
Student at Amity Law School, Lucknow, IndiaPages 1565 - 1575The digital revolution has brought about significant changes in various sectors, including company law in India. This research paper aims to examine the impact of digital technology on company law in India and to analyze the legal challenges and opportunities presented by this transformation. The paper will explore how digital technology has influenced the way companies are formed, managed, and regulated in India. It will also consider how the rise of digital platforms, artificial intelligence, and big data is challenging traditional legal concepts such as corporate personality, director's duties, and liability. Furthermore, the research paper will examine the legal issues surrounding cybersecurity and data protection in the Indian context, as well as the potential for blockchain technology to revolutionize corporate governance and shareholder engagement. Through a comparative analysis of various jurisdictions, including India, the UK, the US, and the EU, the paper will identify best practices and regulatory frameworks that can help to address the legal challenges posed by digital technology in India. Overall, this research paper aims to provide a comprehensive analysis of the impact of digital technology on company law in India and to identify opportunities for the law to adapt and innovate in response to this rapidly changing landscape.1,336 views -
A Critical Analysis on Human Rights Violations and Prisoners Torture in Bangladesh
Student at School of Law, Brac University, Dhaka, BangladeshPages 1576 - 1588In recent years, international human rights organizations, including Amnesty International and Human Rights Watch, have called on the Bangladesh government to take stronger action to address these issues. They have also urged the international community to increase pressure on the government to ensure that human rights are respected and protected. Hhuman rights violations and prisoner torture remain significant challenges in Bangladesh. The government must take urgent steps to address these abuses, including holding perpetrators accountable and ensuring that prisoners are treated with dignity and respect. The international community must also continue to press for change and hold the government accountable for its human rights obligations.1,393 views -
Corporal Punishment against Children in India
Student at TMV’S Lokmanya Tilak Law College, Pune, IndiaPages 1589 - 1593Corporal punishment is a form of physical punishment inflicted on children as a way of disciplining them. It entails striking, spanking, slapping, or any other physical harm that might have long-term psychological impacts on kids. In India, using physical punishment is a regular practice in homes, schools, and even some places of worship. The Indian government has, however, taken steps to forbid corporal punishment and support constructive discipline techniques. Every child has the right to receive education in India that is both secure and caring, as education is considered as a fundamental right in India. The Right to Education Act of 2009 forbids the use of corporal punishment and psychological bullying against students. Any action that produces pain or suffering, such as beating, slapping, or caning, is considered physical punishment according to the statute. Anyone found in violation of this law faces fines or imprisonment. The use of corporal punishment on minors is prohibited by the Indian Penal Code (IPC). According to Section 323 of the IPC, anyone who injures a child may be sentenced to up to one year in prison, a fine, or both. A person who strikes a child or uses unlawful force against them is also subject to a fine or imprisonment for up to three years under Section 352 of the IPC. The use of corporal punishment is still common in some areas of India notwithstanding these rules. Some parents and educators think that using physical punishment to control children and instill good behaviour in them is vital. However, studies have demonstrated that corporal punishment can negatively impact kids’ emotional and mental health, resulting in anxiety, sadness, and hostility.3,300 views -
The Judas Kiss of Corruption: Taking a Critical Insight into the Money Laundering Conundrum in India and Answering How it Abuses the Financial Watchdogs of the World’s 5th Largest Economy
Student at SRM University, Delhi-NCR, Sonipat, IndiaPages 1594 - 1604Money laundering is a significant global problem with negative consequences for society and the economy. The purpose of this paper is to look at the legal structure for preventing and combating the vice of money laundering. This paper will specifically examine the legislations in place aimed at preventing and punishing money laundering activities, such as, Prevention of Money Laundering Act (PMLA) of 2002, Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, Benami Transactions (Prohibition) Act, and the Foreign Exchange Management Act, 1999. The paper will begin with a general overview of money laundering, including its process, techniques, and global economic effect. It will also look at the background of money laundering and how it became popular. The paper will examine the various organisations established to ensure PMLA compliance, such as the creation of the Financial Intelligence Unit (FIU) and financial institutions' participation in reporting suspicious transactions. Finally, the paper will conclude with a discussion of possible solutions to improve the effectiveness of the war on money laundering, including the need for increased international cooperation and the use of technology to better monitoring and detection. This paper aims to contribute to the ongoing debate on how to successfully combat money laundering and other financial crimes by analysing the legal and organisational framework.937 views -
On the Losing End: Adverse Effects of Environmental Degradation on Women in India with Special Reference to Indigenous Women
Student at Symbiosis Law School, Pune, IndiaPages 1605 - 1613Today, the state of the environment is dismal, and with no sense of immediate reversal of damage in sight, the consequences of its damage are real and they are in front of us. While the ill effects of environmental degradation will be borne by everyone, from nations and governments to individuals and entities, this paper attempts to analyse the skewed effect it has on the female gender, due to their assigned gender roles and various economic handicaps. This paper further observes that even within one gendered community the proportion of damage varies among different groups with change in the social and economic status. The women of the indigenous population, stuck with poverty and isolation, emerge as the most vulnerable group in a community which is already under grave threat. With the acknowledgment of the impact it has on women, the present paper goes ahead and attempts to take a peek into the legal framework and policies available that provide a remedy in this regard and also tries to judge its effectiveness in delivering the promised impact. Thus through the observations, it becomes relevant to understand that one of the most important factors in conserving the environment lies in reversing the status quo of the women in our country.664 views -
Refugees in the EU: Right to Asylum or Languish? – A Critical Analysis
Student at Symbiosis Law School, Pune, IndiaPages 1614 - 1620The European Union has for decades been the destination of millions of refugees seeking asylum after being persecuted in their own country. Asylum is a fundamental right recognized by the Geneva Convention of 1951. Various international instruments contain provisions guaranteeing rights to refugees and asylum-seekers. In 1999, the Common European Asylum System (CEAS) was established to handle the issue of granting asylum to refugees. Yet, some challenges and anomalies still exist, making the quest for asylum even more difficult. There is a need to spearhead reforms in the asylum system considering the increasingly globalizing nature of the world.1,217 views -
Legalisation of Prostitution: Defining New Boundaries for the 21st Century
Student at Christ (Deemed to be University) Delhi NCR, IndiaPages 1621 - 1629It is an undeniable truth that the sex trade is a never-ending activity. By seeing it as a form of legitimate activity, all stakeholders can receive guaranteed benefits. It will effectively reduce the burden on the government in terms of making laws against prostitution and paying for more law enforcement. This paper aims to analyse the impact of legalisation of prostitution and its advantage on the economy and society and the paper addresses the connection between prostitution and exploitation and violence, as well as the potential impacts of legalising and regulating prostitution on the abuse of sex workers. This paper is on the move to investigate the aspects of permitting prostitution as a profession in India and whether it can actually be practiced in society looking at the various social and legal issues that exist in our nation, or would only be one of the many aspirations that remain on papers. The decisions of the Supreme Court and the various high courts will be considered when issues of prostitution have been considered and addressed. The conclusion will contain a framework for issues submitted in the paper.1,109 views -
A Study of Legal Status and Judicial Decisions Concerning Suicide and Life Insurance in India
LL.M. Student at Chanakya National Law University, Patna, IndiaPages 1630 - 1642A company that provides insurance policies for people's lives is known as a life insurance business. This includes any contracts where the person receiving the pay-out is guaranteed to die (except in the instance of accidental death only) or suffer any other catastrophe. This definition of a life insurance contract or policy is void in India and the UK. But, much like other insurance departments, the insurer is released from obligation when an insured event—in this case, a suicide—occurs as a result of the insured or his agent's wilful and unlawful actions. Generally, life insurance does not provide coverage for the risk of a suicide commission by insurers, even if they are reasonable. Per this strategy, the claim would be denied both contractually (since the assured cannot be held responsible for his own loss) and generally (because the law forbids him from profiting from his own unlawful activities). The onus of proof rests with the insurers, and in cases when the reason of death is unknown, the policy must be followed due to the assumption that suicide was not the cause of death. India also adheres to this policy. The impact of the suicide clause in life insurance contracts, both before and after January 2014, as well as the evolution of law and policy in connection to claims on life insurance policies where the assured or insured committed suicide after the policy's start are examined in this article. It also offers a comparison of the provisions on suicide in the United States, the United Kingdom, and India.1,057 views -
Pages 1643 - 1652The grievance management system of an organisation is responsible for resolving and highlighting problems that might occur in the workplace because of employment circumstances, workplace health & security, outcome reviews, relationships with superiors and employees, strength and conditioning and advancement operations, and subjective facets. It is also unavoidable for all organisations to possess a grievance management system in order have a cordial and friendly atmosphere that promotes confidence, inclusivity, occupational safety, culpability, and transparency as well as assistance for risk-taking and teamwork among all parties who work towards a common goal, worth, and confidence. Each and every disgruntlement or displeasure, however stated or otherwise, genuine or not, originating out of something relevant to the firm that is perceived, claimed, or perhaps even sensed as unreasonable, wrong, or deficient by an individual is referred to as a grievance, according to Michael J. Jucius. Sometimes grievances might arise because of behavioural and psychological aspects. Discontent or dissatisfaction would lead to frustration among the employees, a biased and hostile work environment, which would in the end impact in the productivity of the organization. It is essential that we manage these grievances with immediate attention through corrective measures. The formal procedure and strategies of managing the grievances might be different in various organizations. This paper further explains the grievance management provision for the employees of Tata Steel Limited.1,064 views
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Rape Victimization of Men
Student at UILS, Chandigarh University, IndiaPages 1653 - 1657The Indian society has witnessed over a period numerous altering change, which include changes for betterment and upliftment, as well as changes inducing deterioration of multiple existing aspects, and one of such concepts is of Rape, a crime/an offence, so heinous and devastating which destroys the victims character, body, soul, personality wreaking havoc in his/her life. In recent times we have witnessed increment in male rape cases. And throwing a little light on this obscure issue, in the following article I have presented my point of view and reasons contributing towards the rape incidents experienced by male victims and the need to modify the existing rape laws in the country. This article gives an insight of the contributing factors, the laws pertinent to the concerned matter et cetera. It is a not a comparison, in any sense, between male victims and female victims. Rape is a crime of utmost heinous nature, extremely condemnable. The article does not reflect by any means, any biasness towards the male victims in comparison with female victims.1,098 views -
Protecting Consumers from Misleading Advertisements: A Study of Section 21 of the Consumer Protection Act, 2019
Student at The School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, Chennai, IndiaPages 1658 - 1666Over the last few decades, advertising has become ubiquitous to the extent that it has entered and influenced human life and society. The evolution of marketing above all factors, has targeted the consumer which resulted in an immense study of consumer behaviour and figuring out ways to alter consumer preferences to suit the interests of certain corporations. Advertising has been a key tool for marketing, it has advanced to greater extents to influence consumer attitudes towards a particular product. In the above context, it is rather pertinent to understand how advertisements have impacted consumers with reference to India given its population and and the fact that it is the third largest economy in the world in terms of purchasing power parity. There is much need for statutory regulation to prevent misuse of media platforms that promote false and misleading advertisements. With the introduction of the new Consumer Protection Act, 2019 many new aspects and areas of consumer protection have been brought into picture. These are the need of the hour given the changes that have taken place in the globalised consumer market since the previous legislation . These paper seeks to highlight one of these new aspects which is the introduction of the concept of liability for misleading and false advertising dealt with in Section 21 of the Act. The objective of this paper is to analyse and look into the specific features of Section 21 and some critical reflections of its provisions with due reference to the impact of advertising in Indian society.1,101 views -
Case Analysis of Smt. Seema vs. Ashwani Kumar
Student at Kirti P Mehta School of Law, IndiaPages 1667 - 1672In contrast to Hindu law, which sees marriage as a profoundly sacred process, Muslims law sees marriage as a straightforward contract. The Hindu Marriage Act of 1955 regulates all aspects of marriage and is applicable to all Hindus (including Jains, Sikhs, and Buddhists), but not to Muslims, Parsis, Christians, or Jews. The provisions of Section 7 of the Act state that Hindu marriages must be performed and solemnised in line with the traditional and religious rites and ceremonies of the bride and groom. "Saptapadi" is one of these customs. In plainer terms, it can be argued that a marriage between a bride and groom is known as a valid marriage when it is solemnised in accordance with the ceremonies and all of the requirements listed in Section 5 are met. A lawful marriage confers specific rights and duties on both the husband and wife. Section 8 (1)1 of Hindu Marriage Act 1955 talks about registration of Hindu Marriage as Registration of Hindu marriages. —(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose Marriage registration wasn't necessary before this ruling was handed down in 2006, when it was. Notwithstanding this, the Supreme Court ordered that all husbands and wives register their unions while this case was still in court after learning about the various abuses that women were experiencing as a result of the absence of such documents. This occurred as a result of the fact that few marriages were registered in India until the early 2000s.1,878 views -
Ambiguity in Contract of Indemnity
Student at Symbiosis Law School, Pune, IndiaPages 1673 - 1679It is astonishing to see that only sections 124 and 125 of the Indian Contract Act of 1872 address "contracts of indemnification," a crucial and often used legal document in the mercantile community. In the first section, indemnity is defined, and in the second, the rights of an indemnity bearer are discussed. The Indian Contract Act of 1872, which has only two parts, has certain significant concerns that are not directly addressed. Also, it appears that there hasn't been much of a divergence from the statutory language employed in these two parts based on judicial interpretation and subsequent developments in the law of indemnification. This paper tries to highlight such ambiguity which is faced by the court to properly interpret the indemnity contract.957 views -
Bachpan Bachao Andolan v. Union of India & Others
Student at School of Law, University of Petroleum And Energy Studies, IndiaPages 1680 - 1687The preceding case law Bachpan Bachao Andolan v. Union of India is the title of Writ Petition (Civil) No. 51 of 2006. The following paragraphs summarise the case regarding child trafficking and underage labour in Indian circuses. Case facts, issues, arguments from the petitioners' and counter petitioners' sides, legal considerations, court opinions, judgement, conclusion, suggestions, and an author's comment are presented below. This case emphasises the need of realising one's own human rights as well as the relevance of the state government enforcing the laws enacted in this respect. The circus has long been a popular source of entertainment in India. As kids, almost all of us were excited to witness clowns, animals, and children doing gymnastics. So even the happy children we see are in pain on the inside. Because they are obliged to work at such a young age, children are subjected to harassment, exploitation, physical and verbal abuse. These children are imprisoned in a never-ending cycle of bullying and cruelty at the hands of circus owners, who compel them to live terrible lives. This paper examines the subject of adolescents working in circuses as well as the legal changes surrounding it.1,249 views -
Juridical Review of Criminal as a Form of Justice in Child Ability in Indonesia Cases Decision Study Number 66/PID.SUS/2022/PN.ATB
Faculty of Law, Universitas Sebelas Maret, Surakarta, IndonesiaPages 1688 - 1701Payment of restitution following unlawful intercourse with children is unjust and unable to recover victims' physical and psychological needs and rights. Because the restitution paid by the victim is solely to restore the victim's rights which cannot be long-term and cannot be considered fair in providing solutions to criminal acts of intercourse child, this study aims to know justice punishment and restitution in recovery victim rights. This research includes doctrinal legal research (normative) with the approach case, and the research is prescriptive. Following unlawful intercourse, children need protection because the substance is inside regulation Law No. 35 of 2014 concerning Child Protection, which has not yet been obtained to protect the victim completely. On the principle of equality before the law, the victim is a woman with the human right to equal treatment in law and government as a form of guarantee and protection. With existing case intercourse in which child restitution is not yet considered fair, they should give the perpetrator's attention to the rights of victims as a child in the long term, material and immaterial.682 views -
An Analysis of the Legal Provisions for Corporate Governance in Indian Public Sector Undertakings
Student at Amity Law School, Lucknow, IndiaPages 1702 - 1715In recent years, corporate governance has emerged as a critical issue for Indian public sector undertakings (PSUs). In response to the increasing demand for transparency, accountability, and ethical behavior from these organizations, the Indian government has introduced various legal provisions to ensure better corporate governance practices in PSUs. The purpose of this article is to evaluate the regulatory framework for corporate governance in Indian Public Sector Undertakings (PSUs) and assess how effectively it promotes good governance practices. The research primarily concentrates on the Companies Act of 2013, along with related laws such as the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations of 2015, and the guidelines issued by the Department of Public Enterprises. This article scrutinizes the principal elements of these legal frameworks, which involve the makeup of the board of directors, the duties and obligations of independent directors, the mandates for disclosure, and the means by which accountability and transparency are guaranteed. It also assesses the challenges faced by PSUs in implementing these provisions and the extent to which they have been successful in improving corporate governance practices. Overall, the analysis suggests that while the legal provisions for corporate governance in Indian PSUs have improved in recent years, there is still scope for further enhancement. The paper concludes by making some recommendations for strengthening the legal and regulatory framework for corporate governance in PSUs, including the need for greater transparency, stronger enforcement mechanisms, and more effective stakeholder engagement.930 views -
Globalization, Human Trafficking, and Human Rights
LL.M. Student at School of Law, Christ Deemed to be University, Delhi NCR, IndiaPages 1716 - 1722Human Trafficking is a pertinent issue across the world, there are a variety of ways of exploitation such as prostitution, forced labour, child labour, etc… Unfortunately, globalization eased and facilitated businessmen by opening the borders for transactions. There are certain countries that consider prostitution lawful while certain countries do not. Firstly, this paper discusses the concepts of Globalization, Human Trafficking, and Market system and co-relates these concepts with each other. As a result of co-relation, it is shown that the countries benefit economically by allowing prostitution. The aid of these illegal practices in the growth of the economy of the nations (that allow prostitution) leads to the conclusion that these countries prioritize their Economy over Human Rights. Therefore, the practice of legal prostitution has to be stopped as they are bound to abide by various international conventions. The limitation of this paper is that it does not discuss the positive effects or the rights that are entitled to the people involved or forced to be involved in prostitution, in other words, sex workers.1,210 views -
Voyeurism in India: An International Comparison
Student at Asian Law College, IndiaPages 1723 - 1734Voyeurism is a form of sexual deviance that involves gaining sexual pleasure from observing others without their consent. This paper explores the prevalence of voyeurism in India and compares it to other countries across the world. Using a combination of primary and secondary research, this paper examines the social, cultural, and legal factors that contribute to voyeurism in India and other countries. The findings suggest that voyeurism is a widespread problem in India and that social norms and cultural attitudes towards sexuality play a significant role in the perpetuation of this behaviour. International comparisons reveal that voyeurism is not unique to India and that it is a problem in many other countries as well. However, the severity and prevalence of voyeurism vary across cultures and regions and are influenced by a variety of social and legal factors. The paper concludes by discussing the implications of these findings for policymakers, researchers, and practitioners working to address voyeurism and other forms of sexual deviance in India and beyond.1,959 views -
Prospectus and the Protection of Minority Shareholders: A Critical Analysis of Indian Law and Practice
Student at Amity Law School, Lucknow, IndiaPages 1735 - 1747In recent times, the protection of minority shareholders has become a critical issue in the corporate world. Prospectus, which is a legal document that provides information to potential investors about a company's financial situation and future plans, plays a vital role in protecting the interests of minority shareholders. This research paper seeks to undertake a critical analysis of the Indian law and practice concerning the protection of minority shareholders through the use of prospectus. The study will examine the legal framework for prospectus under the Companies Act 2013 and evaluate its effectiveness in safeguarding minority shareholders' interests. The paper will also assess the disclosure requirements in prospectus and analyze their adequacy in ensuring transparency and preventing fraudulent practices. The role of auditors in verifying the accuracy of information provided in prospectus will also be evaluated, along with the penalties for false statements. The research will utilize a combination of primary and secondary data sources, including case studies and interviews with experts in the field of corporate law. The study will also draw on international best practices to provide a comprehensive analysis of the issue. Ultimately, the paper aims to provide insights into the challenges facing the protection of minority shareholders through the use of prospectus in India and suggest possible reforms to the legal framework to enhance their protection.1,047 views -
Protecting Minority Shareholder Rights: Evaluating the Effectiveness of Legal Frameworks in Promoting Shareholder Democracy
Student at Amity Law School, Lucknow, IndiaPages 1748 - 1771As corporate governance has come under increasing scrutiny in recent years, there has been growing concern about the protection of minority shareholder rights in companies. Minority shareholders often lack the power and influence of larger shareholders, leaving them vulnerable to exploitation and unfair treatment. This legal research paper aims to evaluate the effectiveness of legal frameworks in promoting shareholder democracy and protecting minority shareholder rights. Through a comprehensive review of relevant literature and analysis of case studies, this paper seeks to identify the strengths and weaknesses of current legal frameworks and propose recommendations for improvement. The paper begins by examining the historical development of shareholder rights and the legal framework for protecting these rights in different jurisdictions. It then delves into the challenges faced by minority shareholders in exercising their rights, including unequal access to information and limited opportunities to participate in decision-making processes. The paper also examines the various legal tools available to minority shareholders, including shareholder activism, derivative lawsuits, and statutory protections. Through a comparative analysis of legal frameworks across different jurisdictions, this paper evaluates the effectiveness of these tools in promoting shareholder democracy and protecting minority shareholder rights. Ultimately, this paper proposes recommendations for strengthening legal frameworks to better protect the rights of minority shareholders, including greater transparency and disclosure requirements, stronger statutory protections, and increased opportunities for shareholder participation in decision-making processes.1,606 views -
Beyond Bars: Addressing India’s Prison Crisis through Reforms and Alternatives
LL.M. Student at Amity Institute of Advanced Legal Studies, Amity University, Noida, Uttar Pradesh, IndiaPages 1772 - 1785This legal research article examines the issues of overcrowding and the need for alternative sentencing methods within the Indian criminal justice system. The study aims to provide a comprehensive understanding of the current legal framework and its shortcomings in addressing these problems, while offering viable suggestions to improve the lives of prisoners, their families, and reduce prison overcrowding. The article begins with an analysis of the pre-sentencing, sentencing, and post-sentencing stages of the criminal justice process, highlighting the limited options available to courts in each stage. The study acknowledges that while some alternatives to imprisonment, such as probation and community service, are present in the legal framework, their utilization remains insufficient. The research also emphasizes that despite the existence of these alternatives, India's prisons continue to be overcrowded and certain demographic groups are overrepresented. The article further examines the role of the judiciary in prison administration and its shift in attitude towards prisoners' rights and prison reform. Notable Supreme Court cases that have shaped prison jurisprudence in India are discussed, illustrating the evolving perspective on rehabilitation and the administration of prison justice. Finally, the study offers a series of suggestions to address the challenges faced by the Indian criminal justice system. These recommendations range from implementing mobile complaint boxes and establishing Prisoner Assistance Funds to amending the Indian Penal Code to include community service as a penalty. The study also advocates for enhancing the role of the National Human Rights Commission and utilizing probation services more frequently. In conclusion, this legal research article emphasizes the need for a comprehensive approach to prison reform and alternative sentencing methods in India, to alleviate overcrowding and improve the lives of prisoners and their families.1,672 views -
Virtual Reality in Criminal Trials: Legal Implications and Challenges in India
Student at BVDU New Law College, Pune, IndiaPages 1786 - 1790Virtual Reality (VR) is an emerging technology that offers immersive and interactive experiences to users. The technology has the potential to revolutionize the way criminal trials are conducted, offering benefits such as enhanced witness testimony, improved jury understanding, and increased access to crime scenes. However, the use of VR in criminal trials also raises several legal implications and challenges. This article aims to examine the legal implications of using VR in criminal trials in India, including issues of admissibility, authenticity, and privacy. It will also explore the challenges that arise from the use of VR in criminal trials, such as the potential for manipulation and bias. By analyzing the legal framework governing criminal trials in India and the potential impacts of VR technology, this article aims to contribute to the ongoing discourse surrounding the use of emerging technologies in the legal system.1,133 views -
Cheetah Reintroduction in India
Student at CHRIST University, IndiaPages 1791 - 1798Bringing an alien species of animals from one country to another can have dire consequences which can be assessed by the impact caused to the ecosystem of the country. There is no sure way to predict how it will behave when introduced to a completely new environment. We do know that this practice is the cause of billions of dollars of damage in the form of environmental and economic harm done to several countries worldwide. We have relied on observational techniques to gather data and have relied upon data produced by various institutions such as the College of Agriculture and Life Sciences, Cornell University, the United Nations Decade on Biodiversity, Centre for Biodiversity Policy and Law and International Union for Conservation of Nature. Our findings provide evidence against the decision of the Central Government to introduce African Cheetahs in India.1,164 views -
Women in Chipko Movement
Student at KIIT School of Law, IndiaPages 1799 - 1810The Chipko Movement was one of the most prominent environmental movements that emerged in the 1970s in India. The movement, which originated in the Himalayan region, sought to protect the forests and the environment from commercial exploitation. Women played a crucial role in the Chipko Movement, and this paper seeks to explore their contribution to the movement. The Chipko Movement, a grassroots environmental movement in India, is well-known for its success in saving trees and promoting sustainable development. However, the role of women in the movement has often been overlooked or marginalized. This research paper examines the participation of women in the Chipko Movement, and their contributions to the movement's success. The research reveals that women played a critical role in the Chipko Movement, not only as active participants but also as leaders and strategists. Woman's involvement in the movement challenged traditional gender roles and empowered them to assert their rights and interests. The paper argues that a more inclusive and gender-sensitive approach to environmental activism is necessary to address the complex challenges of sustainable development. The research contributes to a deeper understanding of the role of women in social and environmental movements and highlights the need for gender-sensitive research and policy interventions.2,450 views -
Case Analysis of Foss v. Harbottle
Student at Amity Law School, Lucknow, IndiaPages 1811 - 1814This paper contains the case law which explains about the Majority rule in the company law. While going through this paper one will acknowledge about the minute details of historical and prominent case of Foss v. Harbottle. Facts and cause of action gives a brief idea of basis of the case on which it stands. The Legal issues it bears on which the whole case is argued. Arguments have a enormous impact on the decision of the case. The major principle used is mention in the analysis. Observation has been discussed to give a overview of the case. As mentioned above, after going through this article the reader will get basic idea and an example of rules mentioned below.1,018 views -
One Person Company
Student at Amity Law School, Lucknow, IndiaPages 1815 - 1820A company can be established with The Company's Act of 2013 introduced the novel idea of a one-person company in India. In India, a single individual forms a one-person company. A single person was unable to start a business prior to the Companies Act of 2013. An OPC combines the advantages of a sole proprietorship with those of a company. Previously, if a person had to start a business, they could only choose a sole proprietorship.897 views -
Consumer Protection in India
Student at B.S. Anangpuria Institute of Law, Alampur, Faridabad, Haryana, IndiaPages 1821 - 1832The objective is to understand the awareness of ‘The Consumer Protection Act’ and its effective execution to uphold the rights of the consumers amongst the graduate educated masses. Every human being is a ‘Consumer’. The consumer impacts and in turn is impacted by every economic decision whether taken by an individual or a group of people. The consumer is representative in every section of society with no distinction of class, caste, sex, profession, business, service etc. The term consumer is an inclusive definition “Since for a living we provide our, services, our entrepreneur skills, to generate products, services that have economic value i.e., demand. This results in generation of revenue resources for ourselves, improves our economic ability to place demand for goods & services that have potential to improve our life style. This ultimately results to Consumerism . This paper provided an outline of the context of the consumer protection in India, along with some significant rulings from the Supreme Court.793 views -
Recognition and Registration of Plants Varieties & Farmer’ Rights under Geographical Indications Law
Research Scholar at Chanakya National Law University, Patna, India & Program Manager (Access to Justice) at Department of Justice, Ministry of Law & Justice, IndiaPages 1833 - 1849This article proposes to discuss the problems pertaining to farmer’s rights in the light of intellectual property rights of genetically engineered (GE) crops and seeds on which patents are being increasingly available and their effect on farmer’s rights. Basically , the idea of farmer’s rights violates the values of intellectual property. Intellectual property rights are meant to offer rewards as a reward for creativity for a limited time. By evolving IPR regimes that concurrently safeguard the interests of breeders and growers, developing countries are attempting to address these demands. While TRIPS does not officially recognise the rights of farmers, it does facilitate the adoption of PVP sui generis legislation. In support of sui generis legislation that safeguards farmers and their plant varieties, there are several articulations and enactments at the national level.850 views -
Memorandum of Association
Student at Amity University Lucknow, IndiaPages 1850 - 1859This paper is the proper examination of the memorandum of association of The Companies Act, 1956 and The Companies Act 2013. The paper will describe the facts of the memorandum of association and the doctrine of ultra-vires. This paper consists of an Introduction to the memorandum of association which covers the basic necessary meaning. The paper consists of the cases where the effects of doc doctrine ultra-vires are discussed briefly. The doc doctrine ultra-vires too have been examined accurately in which the case is described with proper reference. The conventional information about the clauses has been analysed with the assistance sections. There are different subtopics Under the topics like memorandum of association, Clauses, doc and doctrine ultra-vires with precedents which is providing a clear view and understanding of the required subject. Under these subtopics the advantages are discussed with some of the provisions of clauses and doctrine of ultra-vires.1,002 views -
Exploring the Imperative and Implementation Challenges for Irretrievable Breakdown of Marriage as a Ground for Divorce in India: A Comparative Study with Other Jurisdictions
Guest Faculty at SOEL, TNDALU, Chennai and an Advocate at Madras High Court, Chennai, IndiaPages 1860 - 1887“While there is no rose which has no thorns but if what you hold is all thorn and no rose, better throw it away. The ground for divorce is not conjugal guilt but breakdown of marriage” This research paper provides a comprehensive overview of the concept of "irretrievable breakdown of marriage" as a ground for no-fault divorce. It delves into the historical context of divorce laws in India, examining the recommendations of the Law Commission reports, including the 71st and 217th reports, as well as the position of Marriage Laws (Amendment) Bill, 2010. The research paper evaluates the position of the Indian government and judiciary on irretrievable breakdown of marriage and analyze the recognition of Irretrievable breakdown of marriage in other countries like Australia, Canada, Germany, Malta, Russia, United Kingdom, and New Zealand. The implementation challenges and proposed changes in legislation are also discussed. Moreover, the research analyzes the societal and cultural perception of divorce in India and explores the benefits of acknowledging irretrievable breakdown of marriage. Finally, the paper concludes with recommendations for policymakers and lawmakers to address the issue of no-fault divorce in India, highlighting the need for legal reform and social awareness programs to facilitate a smooth transition towards a more liberal divorce regime.1,216 views -
Evolution of the Forensic Science and Law
Student at Manav Rachna University, IndiaPages 1888 - 1895History, progress, advantages, and disadvantages. The discussion delves into the ancient roots of forensic science and how the subject has changed over time in response to shifting societal requirements and technological advances. It also looks at the significant innovations that have shaped forensic science, such as the use of DNA analysis, the founding of forensic laboratories, and the development of new evidence-analysis tools. The discussion focuses on the benefits of forensic science, such as its capacity to solve crimes, identify suspects, and exonerate the innocent, as well as its role in furthering scientific knowledge and improving public safety. It also analyses some of the possible disadvantages of forensic science, such as the risk of relying too much on forensic evidence, technology limits, human mistake, bias, and cost and time restrictions. Finally, the discussion considers the influence of forensic science evolution on the criminal justice system and society as a whole, as well as continuous attempts to enhance the discipline through research, training, and quality control methods.1,296 views -
Post Traumatic Stress Disorder
LL.M. Student at School of Excellence in Law, IndiaPages 1896 - 1911Post-traumatic stress disorder (PTSD) is a disorder affecting the mental health of a person, who have stumbled across or observed any distressing event such as battle, sexual or physical abuse, a natural calamity, or a near-death occurrence of theirs/their loved one. The symptoms of PTSD include reoccurring recollections or flashbacks of the traumatic event, avoiding reminders of the incident, pessimistic feelings and emotions, and exaggerated response to stimuli. The symptoms of PTSD can vary in severity and may occur soon after the traumatic event or can develop months or even years later. The intensity and duration of the symptoms can also vary depending on the individual and the type of trauma experienced. PTSD can have a significant impact on an individual’s quality of life, relationships, and daily functioning. To diagnose PTSD, a mental health professional will assess an individual’s symptoms and their impact on their daily life. Treatment for PTSD can include therapy, medication, or a combination of both. Therapy can include cognitive-behavioural therapy (CBT), which aims to help individuals develop coping mechanisms and challenge negative thought patterns related to the trauma. Another therapy that has proven to be effective in treating PTSD is Eye Movement Desensitization and Reprocessing (EMDR). In addition, medications like antidepressants and anti-anxiety drugs can also be administered to alleviate the symptoms of PTSD. Additionally, lifestyle changes such as regular exercise, healthy eating, and stress management techniques like yoga or meditation can be helpful in managing symptoms of PTSD. It is important for individuals with PTSD to seek professional help as soon as possible. If left untreated, PTSD can worsen over time and have a significant impact on an individual's mental and physical health. PTSD is a treatable condition, and with the right support and treatment, individuals can manage their symptoms and lead fulfilling lives.778 views -
An Analysis on Challenges faced by Women Entrepreneurs in Present Technological Era
Research Scholar at Pacific Academy of Higher Education and Research University, Udaipur, Rajasthan, IndiaPages 1912 - 1923Women's entrepreneurship plays a significant role in society, by generating employment opportunities and inspiring the next generation of women entrepreneurs. Today, more and more women are demonstrating their strength in the business world. Despite their experience, talent, expertise and hard work, women entrepreneurs often struggle to grow their business and gain recognition in the business world. The purpose of this paper is to examine the major obstacles and challenges women entrepreneurs encounter in India. This paper is largely based on secondary data and observations; To identify these questions, the authors reviewed various research articles and reports. The findings of this study demonstrate that a lack of career-family balance, socio-cultural barriers, male-dominated society, low literacy rates, educational levels, lack of financial support, and lack of technical skills are the key challenges in the development of women's entrepreneurship. Many ideas have been put forth to address these issues. Even with the increase in the number of educated women, women's awareness of entrepreneurship is essential, and the role of women in society is gradually changing. The issues and difficulties that women entrepreneurs in India deal with are the key themes of this study. The problems of female entrepreneurs can be eliminated through proper training, incentives, encouragement and motivation, social recognition of entrepreneurial skills and moral support from the family.1,186 views -
Legal Enigma Pirouetting Space Tourism
Assistant Professor & Research Coordinator BVDU, New Law College, Pune, IndiaPages 1924 - 1940Human interest these days has developed a particular inquisitiveness to unearth innovative objects, discovering the grounds in the wake of fables and superstitions, and now humanity’s contemporary concern is the conundrums in outer space. Owing to technological progress, now ordinary citizens can also visit space as a tourist and not just trained astronauts. Space tourism can be defined as exploring outer space for recreational, leisure and relaxation purposes. India is at close quarters to securing a position for herself in the tillage of space tourism, question is; what are space tourism capabilities, and legal challenges for our nation?958 views -
Misuse of Bail Provisions in India
LL.M. Student at Amity University, Noida, Uttar Pradesh, IndiaPages 1941 - 1954In a criminal trial, the rationale behind the incarceration and imprisonment of an alleged suspect individual is substantially to gain the participation in on-going proceedings or for demanding his appearances as and when required, and if he is found guilty, he must appear in court to serve his penalty. It would be inherently unfair to divest the suspect of his basic and the most fundamental right of personal living and liberty conferred by the constitution of India under Article 21 if his availability could be justly guaranteed without his arrest. The fundamental rule of evidence Act u/s 101 is grounded on a renowned Latin maxim “Ei Incumbit Probatio, Qui Dicit, Non-Qui Net” which interprets that the burden of proof lies on party who asserts , not on him who denies which leads to the presumption of innocence. Defendant is entitled to a fair trial beyond a possible suspicion by the prosecution. It would be unjust to hold the accused in jail for an unreasonable amount of time, as this would subject him to psychological, social, and physical abuse. Similarly, in serious offences where the accused is likely to flee or cross the bail in order to escape a trial, or when the accused is likely to tamper with evidence or interfere with the prosecution, it would be hazardous to grant him bail. The law of bail “has to dovetail two conflicting demands, namely, on the one hand the requirements of the society for being shielded from the hazards of being exposed to the misadventures of a person alleged to have committed a crime; and on the other, the fundamental canon of criminal jurisprudence viz. the presumption of innocence of an accused till he is found guilty.” This paper focuses on how Bail provision are misused and what are the ways to curb the misuse of these provisions.1,126 views -
Statute of Limitations: An Analysis
LL.M. Student at Amity University, Noida, Uttar Pradesh, IndiaPages 1955 - 1966Across most legal systems, the sense of time holds an unfavourable but dogged and sustainable status. The aim is that fundamental legal problems are addressed, and individual justice is achieved, and the other is a proclivity for a systematised judicial framework that addresses matters promptly, fairly, and constructively. Oliver Wendell Holmes, Jr. raised the question a century ago, "What is the rationale for denying a person of his rights, a total injustice within itself, in consequence of the lapse of time?" This paper aims to deepen that analysis. The law of limitations is a combination of legislative action and judicially formed legal laws that define to see if a complaint has a set limitation period, such as the category of complaints, the length of limitation durations, the relevant norms of accumulating and levying, and so forth. With few exclusions, rules based on action limitation have seldom been the subject of significant investigation. This loss of interest is perplexing. Limitation regulations are a fundamental part of the legal framework. They prevail in about every nation. Their existence date back centuries,' and temporal limitations are in operation for centuries. Further, this paper focuses on the effect, impact and importance in the judicial system and how the limitation framework addresses legal problems and whether the justice is served or not.1,048 views -
Pages 1967 - 1979In the context of the ongoing negotiations for a global plastic treaty, it is critical to identify lessons and opportunities in the existing legal framework relating to global marine and freshwater(riverine) [referred to in this paper as hydro-spheric] plastic regulation. To ensure the effectiveness of such a treaty, it is imperative to focus on the key countries and river systems that are the primary sources of plastic waste in the marine environment. This paper addresses some central aspects of global plastic regulation, including "key countries for action" and "key river systems for action." It also discusses the importance of regional cooperation in the potential plastic treaty, the need for a dynamic shift from solely marine-based to incorporate freshwater-based regulation, and lessons that can be learned from the UNECE Water Convention. It concludes that the proposed plastic treaty must account for the transboundary flow of plastic and recognize the geographic connectivity, especially in Asia, which facilitates plastic transport from land to the seas via rivers. Moreover, the treaty must move towards a dynamic shift from marine-based regulation to a more inclusive hydro-spheric-based plastic regulation which focuses on the marine and freshwater nexus to ensure an effective global plastic regulation.990 views
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New Age Economy, Platform Markets and Challenges for Antitrust Enforcement
Student at Amity Law School, Kolkata, IndiaPages 1980 - 1987This paper delves into the meaning and essence of New Age Economy, Platform Markets and Antitrust Laws. It shows the cohesiveness of the three and how one stems from the other and in turn gives life to one another. New Age Economy deals with the tech boom as the world noticed in the 1990s, Platform Market plays the role that provides the economy a platform to grow, and Antitrust Laws provides for the backbone according to which everything must function to be able to enjoy the benefits.1,544 views -
Pages 1988 - 2006Microfinance has proven itself to be one of the most significant tools to reduce the state of poverty in developing countries. It helps to gather people of low income to form self-help groups in order to facilitate services like credit, savings and insurance among the group. It provides opportunity for the people to get self employed by opening industries and businesses, helping them to tackle all the problems relating to poverty. In the previous two decades the microfinance industry has been catering the monetary needs of the poor people whom the traditional banks have rejected due to lack of collateral. The purpose of this paper is to present detailed analysis on the concept, history, evolution, and models of Microfinance. This paper also covers gap of financial literacy on Microfinance and its facilities.779 views
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Access to Benefit Sharing and Traditional Knowledge under Biological Diversity Act, 2002: A Comprehensive Overview
LL.M. Student at TERI School of Advanced Studies, IndiaPages 2007 - 2015Mankind has always relied on forests and its produce for its survival, however, the technological revolution reduced human dependence on forests. Nonetheless, a small portion of the population continues to live in forests and rely on forest produce. Thus, to ensure the safety and livelihood of tribals and forest-dwellers, it is essential to conserve biological resources and associated traditional knowledge. Since India is a party to the Convention on Biological Diversity (CBD) 1993, so in order to comply with the provisions of the convention, the Indian Parliament implemented the Biological Diversity Act, 2002 (hereinafter referred to as “the Act”). In addition to this, Nagoya Protocol on Access and Benefit Sharing, 2010 (ABS) was also adopted for accessing genetic resources as well as sharing fair and equitable benefits from their utilization. According to the Convention, the nation-states have full sovereignty over their natural and biological resources and thus, it establishes certain procedures which are to be followed for granting access to benefit sharing and traditional knowledge. In this article, I will discuss the need to protect these biological resources along with the established legal framework for the same. I will also examine the relationship between the Act and the Intellectual Property laws and also its effect on IPR laws. In the end, I’ll conclude by pointing out the limitations and suggesting some measures to reduce the misuse of the law.1,039 views -
Lifting of the Corporate Veil in India
Student at Amity University Lucknow, IndiaPages 2016 - 2019The main purpose of this article is to study the limits of the principle of limited liability. Part 1 covers the cap piercing rules. Part 2 examines the common law rationale for removing the veil, which is often offered to uncover the main reason why the judiciary ignores the principle of individualism. This paper proposes an exception to this general rule. The agency, fraud, evasion, abuse, and accomplices characterizations indicate that the court made an effort to consider the parties, shareholders, creditors, or other third parties in the decision. We have no legal interest in the company's affairs and we do not undermine the conduct of the company's management and limited shareholders. Part 3 deals with the comparative aspects of the legal norms related to the wearing of the headscarf.889 views -
Powering the Future: The Need for a Legal Framework for Renewable Energy in India
Student at Christ University, Delhi NCR, IndiaPages 2020 - 2028India is a developing nation with an increasing demand and need for energy and hence, the importance of renewable energy has a better alternative to fossil fuels has come to light. The Government has introduced various policies and strategies to promote renewable energy generation and consumption, but currently, there is no definite legal framework for renewable energy power generation and consumption in India. This paper throws light on the need for a legal framework for renewable energy in India that can provide a comprehensive and robust regulatory framework to address the challenges and promote renewable energy. The paper reviews the existing provisions for renewable energy, including regulations, and policies. This paper also reviews the international policy framework for renewable energy. The article argues that a new renewable energy law is necessary to streamline and simplify the regulatory environment and to address the challenges faced by the renewable energy sector in India. Furthermore, the article emphasizes the need for stakeholder engagement and participation in the formulation of the new renewable energy legal framework. The article concludes by highlighting the potential benefits of the legal framework which would include attracting more investments, promoting innovation and research, creating job opportunities, and contributing to climate change mitigation and sustainable development. It also suggests the certain key provisions to be needed in the legislative framework for renewable energy. It can serve as a valuable reference for policymakers, researchers, and stakeholders interested in renewable energy development in India.1,104 views -
Capital budgeting is finance terminology for the process of deciding whether or not to undertake an investment project. As the objective of the capital budgeting is to add values to the wealth of an owner of a business, the capital budgeting primarily insists the recovery of investments made in the projects. To improve the owner’s wealth, it is important to evaluate and identify profitable projects using some evaluation tools. Concerning the project evaluation, there are traditional and non-traditional tools in application to evaluate the projects in finance and financial management. In this context, this paper illustrates the project evaluation techniques contextually with specific exhibits as examples to make the reader to understand them. And the study is based to see that there is proper allocation of capital on efficient resources and optimum utilization of the available funds to acquire long term assets or investments.701 views
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Paternity in Non-Marital Births: Status and Rights of Nonmarital Children in India
Research Scholar at National Law University, Delhi, IndiaPages 2045 - 2057Paternity is as essential as maternity for the child's growth, emotional well-being, and psychological development. However, paternity based on marital presumptions for ascribing parental rights and responsibilities to men is a clear violation of equitable doctrines. When the law identifies only a man in a matrimonial relationship as the ‘legal’ father of the child born during the subsistence of that relationship, it restricts and excludes all other forms of relationship which are not in conformity with the traditional concept of marriage, consequently, de-recognizing paternity in such relationships. This presumption, therefore, had created indifferences and inequalities within and between genders and led to the detrimental classification of children as ‘legitimates’ and ‘illegitimates’. Post-World War II, there had been a severe revision of rights in general, which also revolutionised the status of child rights at the international and national levels, presumably due to the late but critical realisation that children are the nation's future. With the establishment of the Convention on the Rights of the Child, the long-battled philosophical question of child’s rights was concluded, highlighting that children are entitled to equal or more special rights to adults. The Convention also established equality and equal protection for all children irrespective of the nature and status of their birth. Before and after the formal adoption of CRC, many legal systems across the globe had revised their laws on parentage and incorporated or upgraded the basic principles of CRC in their domestic application. The mandate of CRC is to give the child's best interest paramount importance in all the matters connected to them, especially when there is a conflict of interest between other stakeholders- parents or cohabiting partners. Although India is a signatory to CRC, laws in India still haven’t formally recognised the equality and equal status of non-marital children and thus eluded the ‘best interest of the child’ principle laid down under the Convention. Consequently, non-marital children in India, even today, remain an invisible group in the eyes of the law. Any discussion of their rights begins and ends with their entitlements in the putative father’s self-acquired or ancestral properties. Similarly, there had been hardly any deliberation or efforts to investigate the socio-legal status and rights of non-marital children and the effect of classifying them as ‘illegitimates’ under the laws. This Article, therefore, critiques the mundane attitude of laws founded on parents’ marital status in identifying, establishing and assigning paternity and legitimacy to children in non-marital families.1,375 views -
Impact of Unlimited Access of Internet on Children
Research Scholar at Integral University Lucknow, IndiaPages 2058 - 2067The Internet is not only a source of information but a medium that connects almost every aspect of our life. The Internet is a place of great ease and infinite connectivity, but also a place of great vulnerability. In a world of the internet, we live through infinitely complex virtual networks, barely able to trace where our information is coming from and going and thus posing a threat not only to our lives but also to the lives of our children. The digital world plays an immense role in the day-to-day activities of 21st-century children. The U.S. National Library of Medicine National Institutes of Health (NIH) reports teens between the ages of 8 and 28 to spend about 44.5 hours a week in front of a digital screen, according to another report 23 per cent of kids have reported that they feel that they are addicted to video games. As the younger generation is growing more and more tech-savvy and dependent on the internet, they are being exposed to the various malicious side of the internet.1,215 views -
LGBTIQA+ Community: An Analysis of Recent Situation
Advocate at Rajasthan High Court, IndiaPages 2068 - 2071Though the Supreme Court has decriminalized the homosexual activities in the year 2018, the struggle of the LGBTIQA+ community continues. We on a global level claim to be a democratic and progressive country, but in reality, are we that progressive? A community called LGBTIQA+, half of us are not even aware about their uncanny existence and survival let alone their struggles. This article explores the recent situation of LGBTIQA+ community from a general perspective. What psyche is hidden behind the gender identity and Sexual orientation? How LGBTIQA Community is still living in dilemma? Our very own Constitution which gives several rights to its citizen, the Preamble of Constitution which states things like equity, opportunity, fraternity etc. Do we as a community doing justice with them? Do the legislations which are made for protecting their rights are in practical enforceable? We as a society need to think that why we are so resistant towards such things. This article contributes towards the understanding of the agony of LGBTIQA+ community.729 views -
Extra–Judicial Execution: A Threat to an Individual’s Fundamental and Human Rights
Student at Amity University Patna, IndiaPages 2072 - 2084Extrajudicial executions are when the police officers in charge of the accused kill or have them executed in an illegal manner before the trial's verdict is rendered. One could argue that the accused in these situations isn't even given the chance to show their innocence in court, which is against the law as it breaches the fundamental human rights that everyone is entitled to. This paper investigates roughly the same. Extrajudicial executions are sometimes referred to as "fake encounters" because in these situations, police officers fabricate a tale to support their actions and then claim that they were acting in the course of exercising their right to private defence. Police officers serve as the nation's executors, and the criminal justice system would be useless if they began acting as the judiciary themselves. If the executor begins punishing the accused, both the accused's fundamental rights and human rights would have been gravely violated. As a nation, we are defending Kasab's rights, yet we are unconcerned with the rights of our own citizens. This paper primarily focuses on the actuality of the crime and how extrajudicial killings violate crucial rights, personal protection, and individual liberties. Extrajudicial killing is prohibited by law, but it is nonetheless carried out under the pretence of self-defence. The circumstances behind extrajudicial killing in our nation, the difficulties involved, and an examination of the issues from a sacred perspective are all covered in this paper. This paper ends with an evaluation by the author and some suggestions for improvement.1,142 views -
An Analysis of the Legal and Ethical Consequences of the Usage of Artificial Intelligence in Criminal Investigations
Student at University of Engineering and Management Kolkata, IndiaPages 2085 - 2091Law enforcement procedures could be revolutionised by artificial intelligence (AI), but there are also important ethical and legal issues that need to be addressed. The use of AI in criminological investigations is discussed in this essay along with its ethical and legal implications. From a legal standpoint, the employment of AI poses questions about bias, fairness, and privacy. The issue of due process emerges when AI systems are used to make judgements that have an impact on people's lives without any disclosure or recourse. When AI systems acquire, use, and retain personal data without the necessary protections, a privacy concern arises. The bias issue emerges when pre-existing social biases and inequities are amplified and reinforced by AI systems. The application of AI raises moral concerns about responsibility, openness, and justice. When there is a problem with responsibility, When AI systems are utilised to make choices without clear lines of duty or accountability, a problem with accountability results. When AI systems are obscured and difficult to comprehend for individuals whose actions may be impacted, transparency issues arise. There is a problem with justice when AI systems perpetuate and amplify pre-existing social inequities and injustices. Despite the likelihood that it will improve law enforcement procedures, it is important to employ caution when using AI in criminal investigations to avoid moral and legal fallout. The suggested paradigm can act as a road map for the ethical application of AI to court procedures, guaranteeing that these programmes are open, accountable, fair, and subject to human review.968 views -
Critical Analysis of Wrong done by Others
Student at School of Law, Narsee Monjee Institute of Management Studies, Bengaluru, IndiaPages 2092 - 2108The master-servant relationship—a topic covered in this RESEARCH PAPER—is vicarious responsibility. When one person is made liable for another's acts or inactions, this is referred to as having vicarious liability. The concept of vicarious liability is given in this research article, along with an explanation of the many conditions that must be satisfied to establish vicarious liability. The many terminologies and varied interactions are described. The goals are initially set before interpretation and case law are offered to back up the claimed purposes and research issues. In-depth information about vicarious liability is given in this article. The study as a whole is based on secondary data, which includes documents from many sources like journals, articles, research papers, internet portals, and other materials. An overview of vicarious responsibility is given in the introduction, followed by a summary of the three different situations in which someone may be held accountable for the actions of another in the interpretation section, and finally, case law examples are given in the conclusion section to help the reader understand the subject even more. Administration, which refers to the state or government's accountability for the wrongdoings of its agents, is a complex topic, especially in developing countries where the range of the state's activities is expanding. Both the British common law principles of public law and constitutional requirements control government tort liability. Vicarious responsibility is when one person is held responsible for another's actions. As a result, in a circumstance involving vicarious liability, both parties are accountable for each other's actions. The person issuing the order and the one carrying it out are equally responsible in a case of vicarious liability. As a result, employers are responsible for any legal wrongs done by workers while they are on the job. Regarding state accountability, the constitution takes the following position: Article 300, clause (1), provides that the union of India and the state governments may sue or be sued on behalf of the Indian government. It is essential to comprehend the administration's present liability rules since they closely mirror those of the East India Company.858 views -
Constitutional Governance and Rule of Law
Student at University of Petroleum & Energy Studies (UPES), Dehradun, IndiaPages 2109 - 2117The purpose of the present study is to contribute to an understanding of the actual and potential impacts on the good governance system in reference to the Rule of Law by the Constitution of India. The supremacy of the law of the land was not a novel doctrine in nineteenth century where A.V. Dicey invented the “Rule of Law” according to which the recognition of certain fundamental obligations which are binding upon states in their own dealings with one another. He described the principle of the Rule of law. As per A.V. Dicey throughout all civilized societies and no State can repudiate this perception. The connotation made by Dicey is that individuals ought not to be subjected to the power of officials wielding wide discretionary powers. Fundamental to Rule of Law is the notion that all powers need to be authorized. Dicey’s concept was that no person should be condemned unheard, there should no punishment without a trial. The ambit of the Rule of Law diversified in A.K. Gopalan’s case where the judiciary as per the constituent assembly dropped the use of the expression “procedures established by law” and instead adopted the expression “due process of law” in Article 21 of the Constitution of India, thus the concept of “due process of law” could not be imported, an ipso facto violation to the Rule of Law. Constitution of India is separating the three great powers seems to be a good workable instrument under which the Rule of Law can flourish that are Legislature, Executive and Judiciary. Sir Ivor Jennings, the famous constitutional historian characterizes Rule of Law as “an unruly horse”. A law court acquires the decisive function of an authoritative interpreter of the meaning of the rule of law, within the framework of the constitution. Judicial interference has got very little importance, because in Indian Constitution Rule of Law is a dominant factor and it is judiciary who has given a special power to look after it. Rule of Law should establish a uniform pattern for harmonious existence in a society where every individual should exercise his own rights to his best advantage to achieve excellence, subject to the protective discrimination.1,231 views -
Lamenting Ladakh: An Analysis of Sixth Schedule of Indian Constitution with respect to Ladakh Protests
Student at NMIMS School of law, Bengaluru, IndiaPages 2118 - 2126Before the elimination of Article 370, present union territory of Jammu & Kashmir and the territory of Ladakh were one state. Ladakh used to live under the silhouette of Kashmir, as it was absent from center’s attention, most of the budget given to the J&K state were used to be spent in Kashmir for security reasonings. Ladakh was lagging behind as it was not included under government policies. It’s important to remember that during 370, outsiders were not permitted to carry on business and buy properties in Ladakh. After the removal of the Article, Ladakh people’s response were mixed as some were full of joy as they were in the hope of getting centers attention and some were not. In 2019, J&K was made a union territory with legislature and Ladakh was made a distinct union territory but without legislature, not being governed by the legislature, Ladakh is run by bureaucrats and they are not satisfied by it. Now after passing few years of removal of Article 370, Ladakh people are protesting to be Encompassed under Sixth Schedule of the Constitution to guarantee overall economic development and autonomy. This paper dive into the demands of people of Ladakh and understand it in the leu of constitutions sixth schedule to find out what’s happening in Ladakh and should they be comprised under the Sixth Schedule of Indian Constitution.1,184 views -
FTX: The Lehman Brothers of 2022- Does it Count as a Lesson for the Indian Crypto Regime?
Student at Maharaja Sayajirao University of Baroda, IndiaPages 2127 - 21332022 became a year of lessons for the Crypto world, it brought an end to the 'Cryptocurrency age of Innocence. It brought to light, the fallacies of the Crypto world, which shook the core of the global digital asset market. The sudden collapse of FTX unearthed multiple fundamental, regulatory, and0 policy-based flaws that have plagued the cryptocurrency industry at large. The following essay outlines the events that led to the Lehman moment of the crypto world- FTX collapse. The paper puts a focus on the history of the two most catastrophic economic events that shook the global economy, that is, the collapse of Lehman Brothers and FTX, bringing how these two events, though occurring in two different decades have become a lesson for investors all over the world. Research methodology along with an analytical study has been used to draw out the several risks as well as liquidity imbalances between the assets and liabilities of FTX, which manifested directly in the collapse of the exchange and subsequently led to contagion effects across a range of financial market products. It also, uses qualitative and quantitative analysis, to study the effects that the FTX collapse has had on the crypto regime in India and how India must come up with an effective regulatory framework.718 views -
Nationalization Regime: A Comparative Study
Student at DME, Delhi Metropolitan Education, Affiliated to GGSIPU, IndiaPages 2134 - 2143The shift of the banking regime from the private sector to the public sector in the year after the 1960s, when nationalization of 14 big banks took place. The social control policy passed by the ordinance as the parliament was not functional. The nationalization was a boon or a bane, it became debatable then and now too. Moreover, the debate on social control or economic policy became a very hot topic at that time. The shift from private to public regime became devastating for the economy or the success of the economy. The banking sector saw a major change in that era. The key benefits of nationalizing banks include greater control over the banking system, enabling the government to use it as a tool for economic growth and development. Nationalization can also help to prevent financial crises and ensure the stability of the banking sector. Additionally, it can provide greater access to credit for small and medium-sized enterprises, as well as for individuals who may otherwise struggle to obtain financing. On the other hand, opponents of nationalization argue that it can lead to inefficiencies, lack of innovation and increased bureaucracy. Furthermore, critics argue that government ownership of banks can lead to political interference, which can undermine the independence of the banking system. Overall, the decision to nationalize banks is a complex and controversial issue, with various economic, social and political implications. It requires careful consideration of the benefits and drawbacks, as well as the broader economic and political context in which it is implemented.911 views -
A Comment on Ajay Kumar Radheyshyam Goenka vs Tourism Finance Corporation of India Limited
Research Scholar at University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, IndiaPages 2144 - 2150The Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the “IBC”) prescribes a procedure for Corporate Insolvency. The state of insolvency of a company is associated with its inability to pay off its debts. In certain circumstances even before the insolvency proceedings have begun, the effort to discharge a debt may result in dishonour of negotiable instruments entailing a liability of the insolvent company as well as the officials involved in such dishonour under the Negotiable Instruments Act, 1881 (hereinafter referred to as “NI Act”). The effect of subsequent insolvency proceedings upon pending criminal proceedings under the NI Act was the subject matter of the dispute in Ajay Kumar Radheyshyam Goenka vs Tourism Finance Corporation Of India Limited . The judgment throws light on various aspects of the liability of a corporate debtor and its officials for offences committed under NI Act prior to the commencement of corporate insolvency proceedings under the IBC. Many questions revolving around such liability, the continuation of it and its nature have been categorically answered in this judgment. In addition to setting the record straight in the issue, the judgment also has implications on the Clean Slate Theory, Theory of Corporate Veil and the principle of estoppel against creditors that participate in the Corporate Insolvency Resolution Process. The present comment is an attempt to analyse the judgments on all these points1,717 views -
Legal Pluralism and the Politics: A Study
LL.M Student at Chanakya National Law University, IndiaPages 2151 - 2164Pluralism has always been prevalent in India. It has been a center of symbiotic coexistence of varied kinds of life in terms of social, cultural, religious, and legal phenomena ever since the British-run states and the princely state came under the single flag of being recognised as "India." The very practical methods of the land have been the acceptance and coexistence of these varied populations. The term "legal pluralism" refers to the nation's faith-based pluralist system, which aims to incorporate long-standing, widely accepted religious or communal customs. It refers to the various sources of law that can be recognised as both state and non-state in order to meet the demands of various communities, such as the personal laws of various communities living in India. At this point in the concept of legal pluralism's development and acceptance, it is possible to express the hope that growing awareness of its benefits will ultimately help to improve our overall understanding of law and the interrelationship between law and society in all legal systems, whether or not they have a colonial history. We might also define legal pluralism as an approach for incorporating the demands of every community into the legal framework. Hindu law is specifically used to resolve family issues and is a component of the larger Indian legal system. Since it covers Sikhs and Buddhists, it is arguably more inclusive than Mohammedan law. The Indian Divorce (Amendment) Act 2001's provisions for Christians on divorce, separation, maintenance, and adoption were changed to more closely resemble those in Britain as Christian Law has come to be recognised as a plural jurisdiction since the 2000s, resulting in a highly interconnected system of laws. In this paper, we will also compare the idea of a uniform civil code to the current system.1,012 views -
An Analysis of Tamil Nadu Gaming Ordinance, 2022
Student at Department of Law, Prestige Institute of Management and Research, Indore, IndiaPages 2165 - 2174The Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Ordinance, 2022 provides for the complete prohibition of online gambling in the state of Tamil Nadu. Online gambling which included wagering, betting, and games played for money or other stakes, etc. this ordinance also banned playing games of chance and specifies a certain condition for the same. The punishments for playing such games or providing such games are properly provided in this ordinance. Gaming authority is established to manage all the players in the gaming industry along with guiding non-local game service providers. A required distinction between a game of chance and a game of skill is also discussed which leads to the proposition that poker and rummy constitute the game of skill. But the above-mentioned view was not highlighted by the Ordinance. This led to a major conflict of interest between the state legislature and the gaming industry. The non-involvement of these two games in the category of games of skill is dubious. It is speculated that this is the predominant reason of the Governor of Tamil Nadu Mr R.N. Ravi for not giving his assent to the said Ordinance. This research paper exposes us to the conundrum surrounding the prohibition of online rummy and poker in the State. The paper unveils the current scenario of the online gaming industry in the state of Tamil Nadu. The scholar attempts to investigate the key issues highlighted by the ordinance, standards of the game for all age groups, limitations on the customers, and service providers and its repercussions. This paper attempts to give a holistic view of the above ordinance to its readers.1,003 views -
Judicial Overreach: Just Because its Judiciary is it Just?
Student at University of Petroleum and Energy Studies, IndiaPages 2175 - 2185The Legislative arm of India's government has been particularly vocal in its criticism of the judiciary, arguing that the courts have overstepped their bounds in their interpretation of the law and have now evolved into an additional constitutional legislative body. Judicial overreach has been used to describe this. a few instances According to a decision by the Supreme Court, operators with revoked 2G licences must stop operating . Karnataka and Goa have both outlawed the mining of iron ore. The Gujarat High Court has mandated that all newly registered automobiles in the state must be CNG-powered. At a toll booth in Gurgaon, the Chandigarh High Court is assessing what tolls should be levied. According to some, the courts now perform duties that were formerly reserved for the legislative, the government, and the judiciary as outlined in the Constitution. The charge of overreach is based on the premise that the judiciary in India has exceeded its constitutionally mandated authority limit, with the Indian Supreme Court being the primary perpetrator. The division of powers between the administration, legislature, and judiciary, in conjunction with supervision, is that constitutionally defined boundary, according to the opponents. For instance, the current Loksabha speaker is acknowledged to be exerting unceasing effort "staunchly seeking citizen support for safeguarding the separation of powers contained in our constitution and which defines its core structure. " As "glaring examples of divergence from the explicitly specified constitutional framework of separation of powers," he noted two recent Supreme Court decisions in two different situations.This critique includes the fact that the Indian legislature holds "a significantly higher position" among the other branches of the government since it is elected to express the sovereign will of the people, the speaker claims. According to Lord Acton, unlimited power corrupts utterly. Power tends to be corrupting. The independence of the judiciary is emphasised in the Indian Constitution. To ensure that the laws made for the people are constitutional, the courts in the nation have been given unique authority. The judiciary has been given the authority and obligation to interpret the terms of the constitution, which is a revolutionary document. Several legal experts, attorneys, and judges themselves have criticised the Indian court in recent years for taking excessively aggressive positions and overreaching.1,361 views -
Pages 2186 - 2190This research paper looks at the role of financial markets in driving long-term economic growth from different points of view. The study looks at the links between financial markets and the real economy, institutional investors and corporate governance, equity, commodity, and currency derivatives markets, financial analytics and fintech, market regulations and market development, and market microstructure and liquidity. This article looks at the roles that investors, regulators, and policymakers, among others, play in shaping these relationships and coming up with plans for long-term growth. The study also looks at case studies of successful projects that have used the power of financial markets to help people and the environment, such as the creation of social stock exchanges and the use of financial analytics to help people invest in ways that are good for society and the environment. The research shows how important it is for stakeholders to be involved in making good changes that will lead to a more sustainable future. This research study helps us learn more about how complex and changing the relationship is between financial markets and sustainable economic growth. It also shows how methods and projects can be used to reach sustainable development goals.847 views
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Reflections of 1991 New Economic Policy in Contemporary Times
Student at Jindal Global Law School, IndiaPages 2191 - 2197The economy of a country has always been regarded as a mechanical reflection of its culture and lifestyle of the masses; it backscatters articulate factors such as the nature of market forces, employment factors and ratios, per capita income, which further explains the livelihood of the majority of people and the country's contribution to the common goal of global market integration. With numerous challenges ranging from stagnant agricultural revenue to a painstakingly slow pace of industrial development, the Indian Economic landscape emerging from the post-independence era has been a terrain of crests and troughs, attempting to ensure holistic development on a macro level while also meeting the parameters of articulate intricacies of micro economic development. With various legislations and policies being prepared with the goal of liberalising Indian markets, only a minority of them have made it to parliamentary tables, and hence into the nation's societal and economic currents. In light of the same discussion, the paper attempts to understand the New Economic Policy ushered in by the Government of India in 1991 with its primary objectives being liberalisation, globalisation and privatisation of the Indian markets. The paper attempts to trace and analyse the reflection of the policy to the contemporary market trends and understands the positive as well as negative effects of the same in the current economy. The author has adopted a doctrinal method of research and relies mainly on primary data such as the Union Budget launched by the Ministry of Finance, Government of India and Economic Survey. Certain secondary sources such as economic commentaries by renowned economists have also been covered.1,064 views -
Study of Juvenile Delinquents in India
Advocate in IndiaPages 2198 - 2212This study was aimed toward understanding the causes behind delinquency, and therefore the measures that square measure being taken for the positive development of the kids in conflict with law. The study discusses the transmission of Associate in Nursing innocent kid in to a juvenile wrongdoer. It shows the present state of a juvenile in Asian nation. delinquents, urbanization, family and atmosphere, lack of discipline, broken families, movies, and media, adolescent, instability, labeling, hunger, poverty, malnutrition and state, lack of recreation, uncongenial homes etc. Observation homes, Shelter homes are started by the govt. for the sake of such offenders then conjointly the speed is incessantly increasing day by day. The study has taken survey from 1624 respondents. To find the significant association between age and vulnerability and also To find significant association between age and cause. For delinquent juvenile we will say that bar is healthier than cure juveniles ought to be shielded from planning to the incorrect path.819 views -
Pages 2213 - 2222Peace – that is the other name for home. But for travellers world is paradise. Crime minor or major cause tumult in that paradise. Many report say rape is one of the fastest growing crime in India, that is the hair-raising issue for female tourists. Crime like “Latvian tourist murder case” shook the nation. People might forget these incidents but when ranking of Global peace index, world’s safest countries ranking etc published, it mould or dent the image of India for tourist. Waring and caution are the terms that are worry some for tourist. When countries like America and Canada issue travel warning for their citizens, it not only influence the mind of their citizens but also of public at large. To improve India’s image there is need to curb crime rates. Tourist bring foreign economy in India and it play an important role in enhancing India’s economy. So everything is co-related. The research work is to steer the exiting laws and law enforcement agencies to refine India image amidst tourist.959 views
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Pages 2223 - 2234While IT Act of 2000 attempts to address myriad issues revolving around cyber security, cyber offences and also seeks to establish a regime oriented around management of cyber transactions of commercial nature, several discordant notes have been struck in the recent past dwelling essentially on social mores. What are the prevailing standards of legal and socially acceptable conduct of individuals and organizations on cyberspace? What is the existing penal scheme in India for transgressions on cyberspace and are these enough to serve the ends of law? What are the challenges of governance in an internet driven economy and are the two concepts of cyber laws and social mores divorced from each other or are they related to each other in an inseparable way? These are some of the posers which the authors shall attempt to respond to in this paper. The idea is to identify the operation of cyber laws within the constitutional scheme and spot the grey areas in the ensuing dialogue between cyber law regime and prevailing social mores and ideals. The effort shall inevitably entail a careful examination of leading judgments, legislations and policy papers. The focus shall be to glean out problem areas and to search a pathway towards a more democratic future.926 views
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Misue of Right to Plea-Bargaining leading to Exonerations from Heinous Crimes in India
Research Scholar at Central University of Haryana, IndiaPages 2235 -2244This article critically analyzes the concept of plea bargaining in India from a legal perspective, with a particular focus on its impact on the exonerations from heinous crimes. The article begins by discussing the history and evolution of plea bargaining in India, followed by an analysis of its legal framework and its practical implementation. The article examines the various criticisms leveled against plea bargaining in India, including its potential impact on the exonerations from heinous crimes, and recommends improvements to the process. The objective of plea bargaining is to “promote speedy disposal of cases and reduce the burden on the courts.” However, the implementation of plea bargaining has faced criticism on various grounds, such as the risk of false confessions, coercion of defendants, and inadequate representation, particularly in cases where the accused is poor and cannot afford proper legal representation. The article concludes that the implementation of plea bargaining in India should be done with caution, keeping in mind the rights of the accused and the impact on the exonerations from heinous crimes. Legal aid should be provided to the accused to ensure that they receive proper representation, and the prosecutor should ensure that the evidence against the accused is strong and sufficient before offering a plea bargain.1,122 views -
Artificial Reproductive Technology (ART) and Rights of Women in India
Research Scholar at University of Rajasthan, Jaipur Rajasthan, IndiaPages 2245 - 2263Recent developments in the field of reproductive technology have made artificial insemination a practicable alternative to "natural" procreation within the context of a marital relationship. Artificial insemination, in vitro fertilisation, embryo transfer, and surrogate mothering are some of the techniques that have increased the options that are available to an individual who wishes to create a family in which she or he will be the only parent who will be responsible for the child's upbringing. The fact that Indian courts and legislators have already sanctioned the practise of having children via surrogacy lends credence to the notion that they will likely permit access to the novel artificial reproductive technique through artificial womb facility. IVF and related techniques have been transformed too rapidly and easily from experimental to therapy status, despite evidence that suggests considerable caution is warranted. Unfortunately, the widespread diffusion of IVF has preceded rather than followed firm evidence of its value in extending the reproductive rights of women and couples. Resources might better be directed toward prevention of fertility problems and discovering the causes of infertility . The use of artificial reproductive technology has sparked a significant amount of excitement in western nations. The use of many different approaches as a treatment for infertility issues has gained widespread acceptance in recent years. However, fundamental issues continue to be asked concerning the influence of artificial reproductive technologies (ARTs) on reproductive rights and the distribution of limited medical resources, notwithstanding the fast spread of novel procedures. As a result of this additional shift towards technology-mediated procreation, the challenges we face in terms of law, ethics, and policy will grow much more complex. This article takes a look at these concerns in relation to artificial reproductive technology (ART) known as in vitro fertilisation (IVF), which is a therapy for infertility that receives universal approval.750 views -
A Critical Study on Appointment of Judges in Supreme Court
Assistant Professor at Saraswati Institute of Law, IndiaPages 2264 - 2273The judicial system in India is organised into three levels: the Supreme Court, the High Court, and the Subordinate Courts. The Judiciary is an essential part of the government, and under a Constitution that guarantees separation of powers between the centre and the state as well as an independent Judicial System, the job of the Judiciary becomes even more vital. Article 124 of the Indian Constitution, Establishment, and Supreme Court Constitution. The method for appointing and dismissing judges has evolved as a result of Supreme Court rulings rather than an Act of Parliament or a constitutional provision. This article explains about the Appointment of Judges of Supreme Court - Collegium System which is important for UPSC Indian Polity Preparation.1,030 views -
Resolution of Labour Disputes via ADR
Student at Xavier Law School, XIM University, IndiaPages 2274 - 2291A world devoid of disputes is unimaginable. In every sector of the economy and every aspect of society, one will find disputes galore. The industrial sector is no different. With the growth of industrialization and modernization, emerged labour disputes. In today’s time, the settlement of disputes through the traditional judicial system is an arduous, expensive, and drawn-out process. Thus, the present scenario calls for an alternative method of resolving labour disputes that is advantageous to both the parties involved and is bereft of the drawbacks of the court system. This is where Alternative Dispute Resolution (ADR) comes to the rescue. At the outset, Alternative Dispute Resolution (ADR) has been portrayed as an efficient, speedy, and accessible means of attaining justice for all and the constitutional background of ADR and labour laws in India has been explicated. The reader will learn about the historical progression of labour legislation and ADR techniques in this research paper. The nature, causes, and types of labour disputes have been explained with illustrations. How the different forms of ADR, with a particular focus on Industrial Arbitration and Conciliation, are employed to settle industrial disputes has been elucidated. The salient features of these ADR methods have been enumerated with a view to enlighten the reader with the legal framework of available dispute resolution procedures in labour law. The process of Voluntary Arbitration and Conciliation in light of the Industrial Disputes Act, 1947, has been expounded. The researcher attempts to discern whether ADR is a viable option and a preferable choice to settle industrial disputes in India and abroad.1,637 views -
Socio-economic Offences and Its Ground Level Reality
Student at Manav Rachna University, IndiaPages 2292 - 2301This article examines socioeconomic transgressions and their consequences for people, corporations, and communities. Corruption, financial fraud, embezzlement, and cybercrime are examples of socioeconomic offenses. The actuality of these charges on the ground might vary greatly depending on the circumstance and place. The article also emphasizes on the fact that combating socioeconomic offences necessitates a concerted and continuous effort from a wide range of stakeholders, including government agencies, law enforcement, corporations, and civil society. These might involve creating strong legislative frameworks, encouraging international collaboration, fortifying institutions, boosting education and awareness, and safeguarding whistle-blowers. The article finishes by underlining the need of working together to achieve openness, accountability, and good governance. We may take actions to avoid and rectify socioeconomic transgressions, as well as create a more sustainable and inclusive global economy, by working together.1,561 views -
“Bhoomi”, “Zameen” and “Dharti”, this is the thing that can be compared to a mother. It is the supreme prioritized entity in India. This Research Paper will ornate the emphasis on property holdings, the sentiments devoted to the same, the prominence put on the thoughts of the inhabitants, and discussing the laws related to land and elaborating on the important ones. This will include a precise view of Bhoomi’s importance and how much emphasis is given to the same legally and by the government. Concepts like “Panch Maha Bhoota”, “Doctrine of Eminent Domain” and multiple legislations are discussed. This will include both sides of the coin including all concepts and theories that will be discussed. The reading will begin with the Indian emotional elaboration of Land then the comparative timeline analysis of the laws relating to Land Acquisitions in different periods of civilization and proportional examination with present-time laws. Focus is put more on qualitative data and reliable evidence to compare the laws in multiple civilizations, and to set an expectation and cure the forthcoming Land Laws in India. Also, giving it a religious prescription and land relocation and rehabilitation, the focus is kept on how sentimental, emotional, and historic prominence was sacrificed for and by legalities. The objective of this paper is to elaborate on how sensitive the topic of land acquisition is. The sentimental value and the scale of importance given to it by the legislative bodies in India including the Indian Constitution. The significant results were that legislations like The Land Acquisitions Act, 2013 or The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 require some deliberations, as well as the other rules regarding the same, important points regarding the Constitutional and fundamental rights, are also discussed and matters are jagged.1,128 views
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Analysis of ‘National Company Law Tribunal’
Student at Department of Law, Amity University, Lucknow, Uttar Pradesh, IndiaPages 2316 - 2326Established in the year 2016, as a significant step towards streamlining the resolution of corporate disputes in the Indian Sub-Continent, ‘National Company Law Tribunal’ is tasked with the resolution of disputes related to ‘company law’, ‘competition law’, the ‘insolvency and bankruptcy rules’, and the ‘SEBI’ act. This paper is written for the purpose of analysing the formation, powers and functions of ‘NCLT’ as well as a detailed analysis of one of the landmark cases ‘Tata Consultancy Services Versus. Cyrus Investment Pvt. Ltd.’ Overall, this research paper provides a comprehensive analysis of ‘NCLT’ in India and its role in resolving corporate disputes. The paper contributes to the literature in corporate law and legal reform in India. Providing incentives for policymakers, practitioners and researchers.1,773 views -
The Rise of International Universities and Legal Education in India: Opportunities and Challenges
Student at Vivekanand Global University, Jaipur, IndiaPages 2327 - 2335“Legal education plays a crucial role in society, as it equips Students with the necessary knowledge & skills to address legal issues & challenges. It goes beyond the traditional concept of imparting knowledge of the law & its principles, by emphasizing the development of critical thinking, analytical base reasoning, persuasive communication, & problem- Solving abilities. Legal education enables individuals to understand the values & principles underlying the legal system and the role they play in shaping society. It also promotes social justice & equality by empowering lawyers to the paper also talks about the marginalized vulnerable sections of the provided legal Society. Moreover, legal education fosters the evolution of ethical & professional standards, making lawyers responsible & obliged for their actions. In conclusion, legal education is an essential tool for building a just a fair society, & it plays a vital role in shaping the future of the legal profession.1,243 views -
Interface between Corporate Social Responsibility and Climate Change
Assistant Professor at Vidyodaya Law College, Tumkuru, IndiaPages 2336 - 2344CSR is a significant step as the corporate sector has rightly understood the approach as offering a vehicle to help society, among other, to combat the impacts of climate change and it helps in making a difference in the lives of the vulnerable communities affected by this inevitable global phenomenon. However, one should not forget that industrialization has contributed considerably for the present situation of climate change. This is also one of the reasons why corporate sector should take CSR as a means to mitigate climate change, it has got so much from the environment so it make sense in protecting the environment rather than deteriorating it further.1,121 views -
Law of Equity & It’s Principles
LL.M. Student at Chanakya National Law University, IndiaPages 2345 - 2352The law of equity is a set of legal principles that seek to provide fair and just outcomes in situations where strict application of the law may lead to injustice. The general principles of equity are rooted in notions of fairness, justice, inclusion, accessibility, responsiveness, and empowerment. These principles guide decision-making and policy development in various fields, including law, economics, and social justice. The principles of equity emphasize the importance of treating individuals fairly, providing equal opportunities, and addressing the unique needs and experiences of different groups. Equity is based on the idea that every individual and community should have access to the resources they need to thrive, and that policies and practices should be designed to reduce unfair advantages and disadvantages. Overall, the law of equity seeks to promote a just and equitable society, where everyone has a fair chance to succeed and reach their full potential.1,518 views -
Emerging Perspectives in Constitutional Interpretation: A Shift from Originalism to Purposive Interpretation
Student at BML Munjal University, IndiaPages 2353 – 2359In this Article, my purpose is to explain the evolutionary change in Constitutional Interpretation from originalism to purposive form of interpretation (in the Indian context). To explain such change, I will be looking at two landmark Supreme Court judgements- namely Ak Gopalan and Maneka Gandhi. The article will help the reader understand, how the Indian judiciary has taken a halt from its initial form of interpretation which was based on the intent of the Constitutional makers. And has preferred an approach which signifies the intent of the Constitution itself. In the first part of the article, I will deal with the historical origin of the term ‘procedure established by law’. Here I will examine the reasons which prompted the Constituent Assembly to choose ‘procedure established by law’ over the American ‘due process’ clause. The second part of my article will engage with the case of Ak Gopalan v. State of Madras. In this part I will help the reader understand, how the court applied a narrow and originalist interpretation to Article 21 of the Constitution. The third part of the article will deal with the newer ‘purposive’ form of interpretation adopted by the Indian judiciary in Constitutional interpretation. In this part, first I will begin by explaining the object/purpose of purposive interpretation. Second, how the SC applied the principles of purposive interpretation in the Maneka Gandhi case. Third, how the Indian judiciary since the Maneka Gandhi case has preferred a purposive approach to interpret the Indian Constitution, in its criminal justice system.1,270 views -
Pages 2360 - 2370The principles of equality are an inseparable part of any Constitution in the world. And, are a corollary to the rule of law as well. The research paper therefore seeks to see through the lens of judicial decisions at the transformation of the scope of Right to Equality enshrined under the Constitution of India. The judiciary is the guarantor of fundamental rights in India, and from time and again has expanded the scope of these rights. Therefore, it becomes imperative to look at transformative constitutionalism from the perspective of principles of equality in today’s times.802 views
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Evolution of Human Rights: A Historical Perspective
Assistant Professor at IILM Law School, IILM University, Gurugram, IndiaPages 2371 - 2383Human rights are the rights inherent in every individual by virtue of being a human. These have evolved over the ages and have been recognised through various documents, and finally culminated into the “International Bill of Human Rights: Universal Declaration of Human rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights”, which has been signed and ratified by most of the countries, thus making most of these rights as Jus Cogens. The International community and the world has awakened and understood that without the promotion and protection of human rights, the world cannot exist peacefully and the violation of these rights may lead to another world war which shall be devastating for the humanity as a whole. Thus, these rights have been considered as “Inter-related, Indivisible and Inter-dependent”. The present paper shall deal with the origin of the human rights and trace its historical evolution through ancient, medieval and modern era.1,932 views -
Insolvency and the Practice of Insolvency in Rwanda
Trainee Advocate in RawandaPages 2384 - 2389Article 3(5) of the law relating to insolvency in Rwanda describes insolvency as a situation in which an individual, a company or a partnership engaged in a business activity can no longer pay their debts as they fall due. Inability to pay their debts as they fall due gives rise to an insolvency procedure which as per article 7, it is a procedure that is initiated to administer the assets of the company, partnership or individual for the interest of all its creditors. The procedure may be voluntary or force and it might involve an entity that is insolvent or that which is solvent. Insolvency and bankruptcy Both mean the same thing, but involves different parties. Insolvency is use to describe a corporate or business entity that has become insolvent while bankruptcy is use to refer to an individual who is insolvent. The cynosure of this short paper will be on corporate insolvency, the processes involved and the actors involved in the process from its inception to its conclusion taking insight from Rwanda legislation.1,375 views -
Alternative Fuels for Automobiles and Environment: An Indian Analysis
Student at Campus Law Centre, Faculty of Law, University of Delhi, IndiaPages 2390 - 2402India as far as financial progress has been concerned, has been growing very rapidly and went on to become the 5th largest economy of the world leaving behind the United Kingdom. It’s a subject to be jocular about but we should also focus on the dark side of it, that is the pollution caused by this Industrialization. The automobile sector in our country has been burgeoning at a very tremendous rate but source at which these vehicles are running is still majorly based on the same archaic ways of using fossil fuels specially the crude oil thus causing a pollution not only by in form of emissions released by these vehicles but also while extracting these oils from their sources. This paper aims to analyse various options of alternative fuels that can be used instead of the obsolete crude and what steps the government of India has taken regarding the same. At an international level, the United Nations Sustainable Development goals has played a very crucial role to make the international community conscious about the alarming need to switch to using and exploring the other options not just to comply with the sustainable development goals but also to protect and save the environment from the crisis in which it is now. Air Pollution is one of the most challenging environmental problems faced by the countries in the 21st century specially in India where lacs of people die from it and hence it is in humanity’s best interests to look into, curtail and curb this problem as soon as possible.741 views -
Stimulating Transparency and Accountability in Tanzania through the Access to Information Act
Advocate at High Court of Tanzania, East AfricaPages 2403 - 2409The right to access information is a fundamental human right and essential to democracy and development. Democratic form of government necessarily require accountability which is possible when there is transparency. Information is an essential ingredient of transparency and accountability in governance and can be used by the citizen to scrutinize public institutions. The citizenry is therefore expected to have access to information that would enable them to evaluate the performance of the government. By realizing this fact, Tanzanian parliament has passed Access to Information Act, 2016 (the ATI Act) to give citizens the right to access information from government and relevant private bodies. This paper examines the ATI Act and finds that if implemented effectively, transparency and accountability in governance can be enhanced through the ATI Act in Tanzania. The author concludes that for the ATI Act to achieve the desired objectives, massive public awareness campaign should be carried out especially at the grassroots level to educate people on existence of the ATI Act and how to use it in order to promote transparency and accountability in governance.987 views -
Patent Illegality of Arbitration Award
Student at ICFAI Law School, IndiaPages 2410 - 2415The arbitral award, however, is the final determination made by the arbitral tribunal [as per Section 2(d)]. The term Patent illegality is one of the grounds invoked for setting aside an arbitral award. The word ‘Patent Illegality’ is nowhere defined under the Arbitration and Conciliation Act, 1996. In ONCG v. Saw Pipes, 2003 (2) Arb.LR 5 (SC), the Indian Supreme Court established the idea of "patent illegality," which falls under the purview of Indian public policy, the breach of which entitles Indian courts to annul an arbitration ruling. The customary grounds for annulling arbitration under Article 34 of the Model Law or Article V of the New York Convention are in addition to this. The phrase "patent illegality" exclusively refers to domestic and international arbitrations with India as their seat and are governed by Part I of the Indian Arbitration Act. It can be stated that patent illegality would be regarded as the contravention of the Arbitration Act. An award may be patently illegal if it is contrary to the substantive provisions of law of the arbitration act. In Patel Engineering Ltd. vs. North Eastern Electric Power Corporation Ltd., the Hon’ble Supreme Court stated that if an order of an arbitrator is found to be perverse or irrational or his view is not fair that any reasonable person would take, in that case, the ground of patent illegality can be invoked. In order to succeed in a challenge against an arbitral award, it must be shown that the award of the arbitrator suffered from perversity or an error of law or that the arbitrator has otherwise misconducted himself. Merely showing that there is another reasonable interpretation or possible view on the basis of the material on the record is insufficient to allow for the interference by the court.2,454 views -
Exploring the Dichotomy of Transparency and Confidentiality in Modern Arbitration Proceedings
Student at Asian Law College, A Unit of Asian Education Group, IndiaPages 2416 - 2422This article discusses the conflict between transparency and confidentiality and how it impacts the Alternative Dispute Resolution (ADR) processes, such as mediation and arbitration. While transparency promotes the openness and accountability whereas confidentiality safeguards sensitive information, condor, and fosters open communication. However, confidentiality can also create a lack of transparency, which can lead to concerns about fairness and legitimacy. Therefore, to balancing the transparency and confidentiality is crucial in ADR processes. The discussion suggests establishing clear ground rules and agreements, involving parties in decision making processes, using appropriate tools like redaction and anonymization, and providing ongoing education and training to arbitrators to navigate the tension between transparency and confidentiality. The article also advocates the significance of transparency in contemporary ADR regimes, and aspects of confidentiality including voluntary confidentiality, legal confidentiality, confidentiality agreements, and confidentiality safeguards.937 views -
Cyber Obscenity: A Legal Analysis
LL.M. Student at Maharashtra National Law University Aurangabad, IndiaPages 2423 - 2435In this age of digitalisation, an evergreen fact or crime of cyber obscenity will always stand affirmatively in the sands of virtual space. The growth of these networks and the advancements of the networking architecture has increased this crime among the teenagers. To understand the concept of this crime and various other factors, it is important to highlight the historical background of this crime and the also the present scenario to know how much it has emerged with the passage of time and with the advancement of technology. This paper tends to highlight the cyber obscenity concept in India with primary focus on some of the most happening act of child pornography and cyber stalking. These crimes are such that even if researcher studies the census of these crime, it is about that in every one minute a child is facing either stalking or has become prey of child pornography. There are various factors which are responsible for the rise of cyber obscenity in India like unemployment, illiteracy etc. these are some of the common factors which are prevailing since ages and will never fade away, it is the time to think that even if a person is unemployed that person should have the basic behaviour to behave in society and the understanding of the consequences of the crime it is committing. It has been seen that in the arena of cybercrime there is an equal role of both law and sociology, as Law governs wrongful act of a person and the sociology helps to identify those factors made them commit such crime. This paper will study the legal aspect of the cyber obscenity, its concept and test, with prime focus of it in present scenario.1,509 views -
The Effects of Climate Change from Human Rights Perspective
Teaching Associate (Human Rights) at Department of Law, Gauhati University, IndiaPages 2436 - 2439Climate change is a global problem with grave implications: environmental, social, economic, political and for the distribution of goods. It represents one of the principal challenges facing humanity in our day. Its worst impact will probably be felt by developing countries in coming decades.” – Pope Francis. The visible consequences pertaining to climate change has highly affected the rights of the human beings, especially in the developing countries. The increase in the earth’s temperature and rapid deforestation is a major indicator of climate change. The global impact that climate change patterns can have on human rights was not considered a relevant issue till recently. The anthropogenic activities of humans have a profound negative effect on the human rights of each and every individual citizen. The climate change has given rise to numerous issues which are now a major threat to human survival from excess precipitation, acid rain, increased in the sea level to fertile lands becoming barren and uncultivable, heavy deforestation and endangering home of the animals i.e. flora and fauna of the mother earth. These particular events occuring in the natural environment threaten the very existence of human survival and human rights. The civil or political rights of men, women and children are at a constant jeopardy. Growing inequalities between developed and developing countries are witnessed at a global level. The countries which produce higher concentration of greenhouse gases are at a lower risk of being exploited than that of the developing countries. New problems concerning the vulnerable populations seem to emerge in the society. In order to promptly protect the human rights, the means to prevent depletion of climate change must be addressed at a global platform.852 views -
Critical Analysis of the Sedition Law in India: With Freedom of Speech
Student at CHRIST (Deemed to be University), Delhi NCR, IndiaPages 2440 - 2450Sedition is a crime that involves inciting discontent or rebellion against the Government in power. In India, sedition is a criminal offense under Section 124A of the Indian Penal Code (IPC). This section defines sedition as an act that includes words, signs, or representations that can cause hatred or contempt for the government, or excite disaffection towards it. There has been some controversy surrounding the sedition law in India, with some arguing that it is being used to stifle dissent and suppress freedom of speech. Critics argue that the law is vague and can be misused by authorities to target individuals who are merely expressing their opinions, including journalists, activists, and academics. This shows that Sedition and freedom of speech are conflicting concepts as sedition laws criminalize speech that is considered seditious or disloyal to the government. Freedom of speech, on the other hand, is a fundamental right enshrined in many democratic constitutions, including India. In India, the Constitution guarantees the right to freedom of speech and expression under Article 19(1) (a), subject to reasonable restrictions. The Indian judiciary has recognized that freedom of speech and expression is essential for the functioning of a democratic society and has played a crucial role in upholding this right. However, the sedition law in India is often criticized for being too broad and vague, which can lead to its misuse by authorities to suppress legitimate dissent and criticism. There have been several instances in recent years where sedition laws have been used to silence voices critical of the government raising concerns about the impact on free speech. However, the Government of India upheld the Sedition Act, saying it was necessary to maintain law and order and protect the integrity of the country.1,538 views -
Understanding Insider Trading in India: Shortcomings and Recommendations
Student at Amity Law school Noida, IndiaPages 2451 - 2462Knowledge is power. This is a saying that has been around for time immemorial and even to this day, it continues to hold true. You are bound to get a head start when you know more that your opponents. The philosophy of “by any means” is applicable in certain scenarios even today, but the reason why we have laws is to ensure equality and fair spirit of competition. Trading in securities of companies is one of the most lucrative fields today and it is one of the fields where getting access to information before the rest works in your favour as one piece of information can result in one yielding millions in profits. It is because of this that people go above and beyond to acquire what is referred to as UPSI or Unpublished Price Sensitive Information which in the simplest of terms refers to the type of information regarding the workings of a company or some sort of inside information which would give those who have access to it an unfair advantage over others and ensure profits to them or protect them from losses. This is, Insider Trading. Insider trading refers to the illegal practice of buying or selling securities of a publicly traded company based on unpublished price sensitive information. In India, insider trading is prohibited by the Securities and Exchange Board of India (SEBI) under the Prevention of Insider Trading Regulations, 2015. Now, although we have better legislations in present day and age to prevent Insider Trading to an extent but there exist various shortcomings in execution of the same. The paper aims to provide the reader an insight into the concept of Insider Trading and how it’s perceived in the Indian Context and then analyse the same and elucidate upon the shortcomings and present certain recommendations.931 views -
Hassle in Litigation: Get Satisfied Negotiation Through ZOPA and BATNA
Student at Amity Law School, Noida, IndiaPages 2463 - 2476Litigation may be a difficult procedure that frequently leads to expensive costs, drawn-out legal battles, and unsatisfactory resolutions for both sides. Yet, by identifying a Zone of Potential Agreement (ZOPA) and the Best Alternative to a Negotiated Agreement (BATNA), parties can reach a more amicable agreement without having to deal with the difficulties of court proceedings. This essay will examine the terms ZOPA and BATNA and how they might be applied in negotiations to produce a win-win result. Also, we will go over the advantages of negotiation over litigation and offer helpful advice for effective negotiation using ZOPA and BATNA. Parties can lessen the inconvenience and expense of litigation by comprehending these ideas and using them in negotiations while achieving a more satisfactory outcome.1,682 views -
The Settlement and Commitment Scheme under the Competition Amendment Bill, 2022: Analysis and Implications for Competition Law Enforcement and Consumer Protection in E-Commerce
Student at Gujarat National Law University, IndiaPages 2477 - 2493By policing businesses' anti-competitive behaviour, the field competition law tries to maintain or foster market competition. The Competition Law Review Committee's report recommended the inclusion of the settlement and commitments scheme in the Competition Act, 2002 to help reduce litigations relating to anti-competitive practices and for swifter resolution. Leading to the Competition (Amendment) Bill, 2022 to be passed by the Lok Sabha. The researchers have provided an in-depth study of the settlement and commitment scheme and its way forward by critically analysing it and comparing it with other competition law remedies. Furthermore discussing its role in promoting fair trade practices and protecting consumer interests in the E-commerce sector.839 views -
Legislative Relations between the Union and The States with special reference to Various Doctrines
Assistant Professor (SG) at The Tamil Nadu Dr. Ambedkar Law University, Chennai, IndiaPages 2494 - 2510The distribution of powers between the Union and the States is an essential feature of federalism. The tendency of federalism is to limit on every side the action of the government and to split up the strength of the State among co-ordinate and independent authorities is specially noticeable, because it forms the essential distinction between a federal system and a unitary system of Government . A Federal Constitution establishes the dual polity with the Union at the Centre and the States at a periphery and each endowed with exercise sovereign powers in the field assigned to them respectively by the Constitution. The one is not subordinate to the other, but the authority of one is to co-ordinate with other. In America, the Sovereign States which were keen to federate, did not like complete subordination to the Central Government hence they believed in entrusting subjects of common interest to the Central Government, while retaining the rest with them. The American Constitution only enumerates the powers of the Central Government and leaving the residuary powers to the States. Australia followed the American pattern because their problems were similar to the Americans. The Canadians were conscious of the unfortunate happenings in U.S.A. culminating in Civil War of 1891. They were aware of the shortcomings of the weak Centre. Hence, they adopted strong Centre. Our Constitution-makers followed the Canadian scheme. however, they added one more List - the Concurrent List. The present Constitution adopts the method followed by the Government of India Act, 1935, and divides the power between the Union and the States in three Lists – the Union List, the State List and the Concurrent List. In India, the Legislative powers of the Parliament and the State Legislatures is subject to the provisions of the Constitution, viz., the Scheme of the distribution of powers, Fundamental Rights and other provisions of the Constitution. The powers of the Centre and the States are divided. They cannot make laws outside their allotted subjects. It is completely through that a scientific division is not possible and questions constantly arise whether a particular subject falls in the sphere of one or the other government. This duty is vested in the Supreme Court of India. The Supreme Court has evolved the certain principles of interpretation in order to determine the respective power of the Union and the States under the three Lists. This article is an attempt to analyze the legislative relations between the Union and the States and role of Judiciary in protecting and preserving this concept by evolving various principles of interpretation.1,316 views -
India’s Journey to Low Carbon-Emissions
Student at CHRIST (Deemed to be University) Delhi NCR, IndiaPages 2511 - 2522India has gracefully met its promise to cut the carbon emissions in order to meet the goals put forth in the Paris Agreement. Over the decades, the country has made efforts not to rely on fossil fuels regarding economic growth. India’s renewable energy capacity has grown from 27 GW in 2000 to about 93 GW in December 2016. The ability of the country is expected to increase to 175 GW by 2022. Further the nation is hoping to achieve its renewable energy capacity by 600% within the upcoming two decades. Despite these successful efforts, India has been struggling to reduce carbon transitioning as many complex matters are intertwined which need to be addressed on priority basis if India desires to promise low carbon economic transition. India is the fourth largest emitter in the world of greenhouse gases, but in terms of accumulated emissions, it has caused minor damage. The various sectors like power and thermal sector, large renewable- energy projects, inefficiency in coal sector, inefficiency in waste management, improved approach to transportation sector and replacement with alternative fuel resources. Considering the above-mentioned circumstances, India is in dilemma to promise net zero emissions by 2050 as these long-term projects have socio-economic impacts on large sections of society. India is vulnerable to the impacts of climate change and more than half of its population still depends on agriculture (climate sensitive sector) for its livelihood. The authors through this research paper aim to understand the hurdles faced by India in order to achieve low carbon transition and the possible solutions to remove the same.903 views -
Women in Law Profession
Advocate in IndiaPages 2523 - 2530The objective of this paper is to present an exhaustive analysis of women and employment also emphasis more on women in advocacy. There are numerous deliberations about gender in India over the ages. As of now, India has seen an amplified percentage of literacy and employment among women. In the world of business and employments, women are constrained in choosing their job. Now women are fetched up with courage in choosing professions, which are more challenging. Such challenging professions includes advocacy. Advocacy principally means pursuit designed to influence the policies and actions to others to hook change. It is a capacity to change what needs and why that is a need. Thus, our topic constitutes the women’s hunk in advocacy. Feminist advocacy nurture gender equality and rights. In addition, this is mostly important in a patriarchal society. The Legal Practitioners Act, 1879 renders a person to be enrolled and at the same time, “women” were not encompassed in the term “person”. Therefore, women were constrained to enroll. In 1916, the constitutional bench of Calcutta High Court turned down the approach for enrollment of women. However, in 1921, the Allahabad High Court enrolled a woman and it was the first court to do so. The Legal Practitioners Act, 1923 overruled the judgment of Calcutta High Court. This Act predominantly prohibited women discrimination regarding enrollment on the premise of sex. The Indian Bar Councils Act, 1926 required each High Court to comprise a Bar Council. It also if a rule to be drafted on the basis that woman will not be barred to be enrolled as an advocate on the ground of sex alone. Article 14 of Indian Constitution, 1950 has given equality and right against gender discrimination. In addition, the Advocates Act, 1961 was a step closer. As per the above progress nowadays the involvement of women in choosing the legal carrier in society was intensified. The participation of women in legal services are highly increasing. As yet now women are roughly clinched the status of men and made a complete society.1,008 views -
Rethinking International Trade and Investment Law: Harnessing the Potential of Emerging Technologies in the Global Economic Landscape
Student at Amity Law School, Kolkata, IndiaPages 2531 - 2548International trade and investment law play a vital role in regulating cross-border economic activity and promoting a fair and open trading environment. However, the rise of emerging technologies and automation presents new challenges and opportunities for these legal regimes. The increasing use of technology has the potential to disrupt traditional patterns of trade and investment, leading to the need for a re-evaluation of existing legal concepts and principles. In particular, the implications of cybersecurity, data privacy, and artificial intelligence need to be considered in the context of international trade and investment law. To ensure their relevance and effectiveness, it is necessary for these legal regimes to adapt to the changing landscape of cross-border economic activity in the digital age. This may involve the negotiation of new agreements, the development of common standards and best practices, and closer collaboration between governments, businesses, and other stakeholders. The future of international trade and investment law will be shaped by the ability of these legal regimes to respond to the challenges and opportunities posed by emerging technologies and automation.723 views -
Pages 2549 - 2559The rehabilitation of “Children in conflict with the law” is a pressing issue in India, where there are approximately 33,000 children in various stages of the criminal justice system. The traditional punitive approach to dealing with these children has been criticized for being ineffective and failing to address the underlying causes of their criminal behavior. This research paper explores the concept of rehabilitation in the context of “Children in conflict with the law” in India and advocates for a reformative approach. The paper reviews the current legal framework for juvenile justice in India and highlights the strengths and weaknesses of the existing system. The paper argues that a reformative approach is necessary to address the root causes of criminal behavior in children, such as poverty, neglect, and lack of education. It advocates for a multi-disciplinary approach that includes legal, social, and psychological interventions to support the rehabilitation of children. The paper also examines the challenges faced by the juvenile justice system in India, such as overcrowding in juvenile homes, delays in the legal process, and inadequate resources. It recommends that the government invest in the necessary resources to support the rehabilitation of “Children in conflict with the law” and improve the infrastructure of juvenile justice institutions. Furthermore, the paper emphasizes the importance of involving the children themselves, as well as their families and communities, in the rehabilitation process. It suggests that community-based rehabilitation programs be implemented to ensure a holistic approach to rehabilitation. In conclusion, this research paper highlights the need for a reformative approach to the rehabilitation of “Children in conflict with the law” in India. It recommends that legal systems and policymakers adopt a child-centric approach that prioritizes the rehabilitation of children and invest in the necessary resources to support this approach.1,893 views
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A Promoter of a Company
Student at Amity University, IndiaPages 2560 - 2565The Companies Act 1956 gives no meaning to the word promoter & although the meaning is defined in sections 62, 69, 76, 478 and 519. Section 62 of the Companies Act 1956 defines the word for this purpose only. Section 62(6)(a) defines the term promoter as partners involved in the preparation of the prospectus or any part of it that contains false information; company. According to article 300, if the court decides that a person has made a report that he has cheated in the promotion or establishment of a company, the partners will be treated like any other director or officer of the company. The Madras High Court in Prabir Kumar Misra v Ramani Ramaswamy [2010] 104 SCL 174 ruled that the project owner does not need to be the person signing the Memorandum of Understanding/Articles or the owner or director of the company to determine responsibility. The sponsor's liability to the company towards third parties continues depending on the acts and agreements concluded by the agency or representative of the company during the period prior to participation.1,537 views -
Pages 2566 - 2576In the information-dominated 21st century, data is a valuable resource. Data is the primary driver of the global economy in the current era. It becomes vital to control the flow of data since many Gigabytes of data are sent around the world every second. Sensitive personal information is frequently included in data that travels over the internet and is examined by businesses, hackers, and other organizations in order to reap financial rewards. We, the individuals who generate this data, undoubtedly require security for the processing or use of the data. We require openness on the methods used to access our data. Data protection laws enter the picture in this situation. Many nations are passing these laws in order to protect the data that is produced by their population. In addition to discussing the state of data protection laws in India and around the world, my research paper focuses on the Indian Jurisprudence's approach to privacy and security. The data protection and privacy laws that govern how data is handled, analysed, and used will be explained in this research paper.879 views
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A Critical Evaluation of Social Media Regulations in India
Student at University of Petroleum and Energy Studies, IndiaPages 2577 - 2588Social media has become an integral part of modern society, transforming communication, information sharing, and public discourse. However, the rapid rise of social media has raised concerns about issues such as misinformation, cyberbullying, hate speech, and political manipulation. In response to these concerns, governments, including India, have implemented regulations to govern social media platforms. This research paper critically evaluates the social media regulations in India, examining the evolution of social media regulations in the country from the Information Technology Act, 2000 to recent amendments and guidelines introduced by the Indian government. The paper explores the legal framework and provisions governing social media platforms, including requirements for content moderation, user data protection, and intermediary liability. It further analyzes the effectiveness of social media regulations in India, discussing challenges and criticisms associated with the current regulatory framework, such as concerns about censorship, lack of transparency, and potential violations of privacy and free speech rights. The impact of social media regulations on the functioning of social media platforms, online discourse, and digital rights in India is also assessed. Utilizing a critical approach, the research paper draws on relevant literature, legal documents, and case studies to provide an in-depth analysis of social media regulations in India, offering insights into the strengths and weaknesses of the current regulatory framework and highlighting the need for a balanced approach that protects user rights while addressing the challenges posed by social media. In conclusion, this research paper provides a critical evaluation of social media regulations in India, including their legal framework, effectiveness, and impact on society, along with suggestions for improvement. The findings of this research can contribute to the ongoing discourse on social media regulations in India and inform policymakers, stakeholders, and scholars in developing a robust regulatory framework that balances the protection of user rights with the need to address the challenges posed by social media in the country.1,654 views -
Pages 2589 - 2596The present study aims to explore the challenges faced by an academic organization in retaining its employees. It is thus the comparative study of retention of the faculty between the public and private higher education sector in Punjab. It has been seen that young prefer working in the corporative sector because of its attractive growth opportunities. In such a scenario recruiting and retaining talent is a challenge for every academic organization in the country. Organizations need to focus on interesting employee satisfaction because qualified employees are and becoming scarer and they are difficult to retain. The organization must value their employees treat as an asset. The blooming private sector stands far as the major providing sector compared to public universities, with the advent of the internet and social marketing sites, people have access to loads of relevant and real-time information, hence attrition. The research study aims at studying the different perspectives of the working in public and private universities in Punjab, that prompt them towards retention and attrition by throwing light on various factors. The analysis shows a significant positive relationship between effective communication in the organization and maintaining work-life conflict, workload, lack of career advancement, and unethical rules and regulation are the main reasons o employee turnover and low rate of retention.971 views
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How Social Media is Changing the Landscape of Interpersonal Communication: An Exploration of Its Effects on Relation Building, Self Esteem, and Intimacy
Student at Asian Law College, Noida U.P, IndiaPages 2597 - 2604The impact of social media on mental health and well-being social media has become an integral part of our daily lives, providing us with a platform for communication, information sharing, and entertainment. However, the increasing use of social media has led to concerns about its impact on mental health and well-being. This article explores the various ways in which social media can affect mental health and well-being, including increased stress, anxiety, depression, and sleep disturbances. The constant comparison and pressure to present a curated image can lead to negative self-talk, low self-esteem, and feelings of social isolation. Furthermore, the exposure to curated, hate speech, and fake news can cause feelings of anger, frustration, and helplessness. The articles also discuss the potential benefits of social media, including the ability to connect with others who share similar interest and experiences, and the opportunity for social support and self-expression. It concludes by offering strategies for using social media in a healthy and positive way, such as setting boundaries, limiting screen time, and seeking professional help when needed.1,024 views -
Pages 2605 - 2612Any contemporary economy's backbone is the banking industry. It is one of the most crucial financial pillars of the financial system, and it has a significant impact on an economy's success or failure. The paper focuses on the study which implies the impact of payment banks on the traditional banks. The data for the study is gathered from the secondary data like journals, websites. The paper talks about the services, benefits, activities and the challenges faced by the payment banks. It is found that in various ways payment banks have affected the working of the traditional banks. Whereas Payment Banks is a key value proposition and would be really a game change in Indian Banking System.928 views
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An Analysis and Review on the Principles of Governance and Administration Ideas of Kautilya, Abul Fazal Ibn Mubarak, and Gandhi
Student at VIT School of Law, Chennai, India.Pages 2613 - 2627The principles of governance and politics were studied as a separate discipline right from early ancient eras in Greek and other ancient civilizations. Indian civilization which is one of the oldest civilizations also saw this emergence of political science as a discipline. In our theoretical way of political administration these theories largely starts with the diplomatic ideas of Kautilya who is also known as Chanakya and Vishnugupta who was the prime minister of Magadha under Mauryan Emperor Chandragupta Maurya. Ideas of Chanakya were greatly seen as diplomatic strategies involving foreign relations, war strategies and political administration. In the advent of medieval era, India saw a range of invasions starting from the invasion of the Mahmud of Ghazni to Muhammad of Ghor and the establishment of the Delhi Sultanate and later the establishment of the Mughal Empire. I would like to emphasize on the medieval ideas of Abul Fazal Allami. He was a historian largely known for writing the official biography of Mughal Emperor Akbar and recording the details of the administrative system of Akbar. In modern era of ideas, I would like to present the views of Mahatma Gandhi, the father of the nation India. His views were different from the two former scholars, because the former was a strategist and the latter was a historian. But, here Gandhi’s idea on Governance and Politics were more like a philosophical idealistic version which he proposed for India’s future and was unfortunately not implemented. Finally, I would like to present a comparative view of all these three philosophical views and their criticisms.1,351 views -
Pages 2628 - 2637Police is the subject of State list that is why every state has a Power to make laws regarding the police. Public order is listed as the first state function in the seventh schedule, which is then immediately followed by police, including village and railway police. The third entry is justice administration. The police serve as a tool for maintaining both the rule of law and public order. Our culture has had a police system since childhood, but there were no defined rules in place to govern how the police would function at the time. The current situation calls for police reform. But it only causes controversy when high-profile instances are brought up or prominent figures are apprehended. When governments give affidavits of compliance in court, they have to follow it up on the ground and stop the biased policing, the shoddy investigations, the corruption and beatings in police stations. Otherwise, the affidavits are just so much paper.951 views
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Acid Attacks in India
Student at B.S. Anangpuria Instititue of Law, Alampur, Faridabad, Haryana, IndiaPages 2638 - 2646Acid attacks are a form of gender-based violence that has been prevalent in India for several years. The attacks are perpetrated mainly against women and girls, and the motive behind such attacks can range from revenge to jealousy, to a sense of entitlement over the victim's body. The impact of acid attacks can be devastating, resulting in severe physical, emotional, and psychological trauma, disfigurement, and even death. In recent years, the government of India has taken steps to prevent and address acid attacks, including strict regulation of the sale and purchase of acid, awareness campaigns, education and employment opportunities, strong laws and penalties, rehabilitation and support for the victims, and community policing. However, despite these efforts, acid attacks continue to occur in India, and many victims do not receive adequate support and justice.890 views -
EWS Reservation and Its Influence on Unaided and Private Educational Institution’s Rights Under Article 19(1)(g) of The Indian Constitution
Student at Government Law College Thrissur, Kerala, IndiaPages 2647 - 2657The 103rd amendment to the Indian constitution provides for reservations in government jobs and educational institutions for economically weaker sections of society. However, this amendment has raised concerns about its potential impact on Article 19(1)(g), which guarantees the right to practice any profession, occupation, or trade. In this article, we examine the implications of the 103rd amendment on Art. 19(1)(g) and argue that while the right to practice a profession is important, it must be balanced against the larger goal of promoting social justice and equality. We also discuss the major concern, whether the fundamental right enshrined under Art. 19(1)(g) is really affected by the amendment and if so, in what all ways the amendment affects the fundamental right. It is also discussed here in this article, that which of the fundamental rights will dominate over the other, whether Art.19(1)(g) or the new amendment in Art. 15 and 16. It is important to analyze the matter in such a wide aspect to realize the intention of the amendment and this article provides a route through which the readers can achieve the appropriate conclusion.982 views -
Copyright and Free Speech: Exploring the Complex Intersection of Law and Expression
Student at Alliance university, IndiaPages 2658 - 2666Copyright law and free speech are two fundamental pillars of modern democratic societies but can sometimes come into conflict. Copyright law protects the interests of creators and artists, while free speech enables individuals to express themselves and engage in political discourse. At their core, copyright law seeks to regulate the use and dissemination of creative works, while free speech seeks to protect and facilitate the free exchange of ideas and information. The role of intermediaries, particularly social media platforms, in balancing copyright and free speech is a complex and often contentious issue. While social media platforms have a responsibility to protect the intellectual property rights of content creators, they must also ensure that they do not infringe on the fundamental right to free expression. To balance these competing interests, social media platforms have implemented a range of policies and practices, including automated systems for detecting and removing infringing content, mechanisms for disputing copyright claims, and policies to protect free speech. Ultimately, the balance between copyright and free speech requires careful consideration of both legal and ethical considerations, and the development of policies and practices that respect both of these important principles.1,177 views -
Pages 2667 - 2684As mentioned in a Times of India Report, more than 70% of the road accidents in India is due to drinking and driving. The device used at the drink and drive checkpoints are called Breathalyzers. The legal limit of being drunk while driving in India, as specified by the Transport Ministry is 0.3 % per 100ml blood. This technology mechanically detects the blood alcohol concentration (BAC) by means of two techniques a breath based sensor and touch based sensor. The breath based system will measure the alcohol concentration in the blood through the driver’s exhaled air. Touch based sensor will read the alcohol level below the skin surface. We will be dealing with the breath based sensors in this paper. Here, we will be discussing about the unhyegenic factors of a breath based alcohol test. The probable diseases that can be spread by the continuous use of the said device. If there are any laws in India governing the checkpoints? Comparison of the drunk and drive implications in India with that of the other common law countries like United Kingdom, Canada, and Australia. This paper also introduces measures to secure the use of same. What are the probable bars on using an alcohol breath tester during the widespread of the global pandemic - Covid 19?794 views
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Legal Discrimination faced by Male Sexual Assault and Rape Victims in India: A Critical Study
Student at School of Law CHRIST (Deemed to be University), IndiaPages 2685 - 2691Male sex workers in India go through some of the worst abuse, sexual or otherwise. Still, because of their non-negligible representation in the socio-legal sphere, the woes faced by this minority group get promptly ignored while having little to no legal recourse available to them. One of the main contributing factors to rendering them invisible compared to their female counterparts is due to the difficulty society faces in placing them side by side with the narrative consisting of a stereotypical image of a sexual victim who needs to be saved, rescued, and rehabilitated from a life of 'prostitution'. Males, being the biologically more potent sex, better suits the ideal image of an offender than the offended. The rape laws of India, being penetration-based, perpetuate the same wrongful idea that males cannot be sexually forced unless they have some form of will themselves. This perspective disregards the various frames of reference that can be at play while missing out on the central component that defines rape: lack of consent. One of the main reasons this perspective is so prevalent in India is the lack of discussion and discourse around female criminality. The leading portrayal of females as the frightened, gentle, and worried preservers of social norms stop the public from considering females as possible perpetrators of violent crime who are willing to engage in criminal acts that are almost entirely male-dominated. This paper will attempt to critically study the present statutes and legislations regulating prostitution and rape in India to understand how the lack of acknowledgement of female criminality is putting male sex workers at risk and re-emphasize the need for gender-neutral rape laws in India.946 views -
The Impact of Globalization on Indian Constitutional Law, Including Role of International Human Rights Norms
Student at Christ (Deemed to be University) Delhi NCR, IndiaPages 2692 - 2702This paper explores how international human rights rules have played a contribution in the globalisation of India's constitutional legislation. Transnational law, which operates outside the borders of individual states, is the result of the convergence of formerly separate legal systems brought about by globalisation. There are a number of international agreements and treaties that govern the management of businesses internationally. The development of international entities like the International Court of Justice and International Criminal Court has also improved the enforcement of international law. Also, a new type of lawyers who focus on international law have emerged as a result of globalisation. The Indian Constitution lays down not only the structure of administration but also the fundamental rights and obligations of people and the workings of the legal system, making it one of the most extensive and complex constitutions now in use. The colonial period saw the beginning of Indian constitutional law, and in 1885 the Indian National Congress was established to push for a new constitution that would grant Indians greater political power and freedoms. The request was granted and a federal form of government was established in India by the Government of India Act of 1935; the Constitution of India was ratified in 1949. The author of this paper claims that the harmonisation of laws in different jurisdictions is a direct result of the effect international law has had on the evolution of India's constitutional law. One effect of globalisation may be the strengthening of laws protecting intellectual property. The paper argues that the role of law will evolve in light of growing international connections, and that legal systems will have to adapt to these new circumstances if they are to remain effective and relevant.2,331 views -
Causation of Crime in Criminology
Student at The ICFAI University, Dehradun, IndiaPages 2703 - 2712Causation is a fundamental concept in criminal law that refers to the link between a person's actions and the harm that results from those actions. Establishing causation is essential in determining whether a person can be held responsible for the harm they have caused. However, determining causation can be complex, and courts must consider a range of factors, including the defendant's actions, the victim's pre-existing conditions, and other external factors that may have contributed to the harm. This abstract explores the concept of criminal causation, including its importance in criminal law, the factors that must be considered in determining causation, and the implications of establishing causation for criminal trials.1,881 views -
Transforming India’s Intellectual Property Landscape with Modern Technology and Artificial Intelligence
LL.M. Student at Amity Institute of Advanced Legal Studies, Amity University, Noida, Uttar Pradesh, IndiaPages 2713 - 2728This research article explores the potential of modern technology and Artificial Intelligence (AI) in transforming India's Intellectual Property (IP) landscape. It delves into the current scenario of IP management in India, highlighting key challenges and the possible applications of AI and other advanced technologies to improve IP processes. Legal and ethical considerations surrounding AI in IP management, including data privacy, potential bias, accountability, and intellectual property rights for AI-generated works, are also examined. The article provides recommendations for implementing modern technology and AI in India's IP landscape, which include developing a comprehensive technology and AI integration strategy, investing in infrastructure and capacity building, promoting public-private partnerships and collaborations, strengthening the legal and regulatory framework, and encouraging awareness and capacity building among IP stakeholders. By harnessing the power of AI, India can address existing challenges, create a more robust and equitable IP environment, and support economic growth and development in the digital age.891 views -
Evolution of Environmental Jurisprudence in India
Student at Amity University, Patna, IndiaPages 2729 - 2738Over 70% of all human illnesses, according to the WHO, are impacted by deteriorating environmental conditions. The sources of harmful pollutants and effluents are the industries. Agricultural chemicals used as herbicides and insecticides also leave harmful residues. Transport contaminates the environment, whether it is through land, water, or air. Sewage, trash, and drainage systems are examples of public health infrastructure that harms the environment. Our health is impacted by the toxins in the food, water, and homes we live in, which can lead to a variety of diseases. In order to uphold its constitutional duties, the court was and continues to be ready to issue "appropriate" orders, directives, and writs against individuals responsible for ecological imbalance and pollution. This is clear from the numerous instances it has resolved, beginning with the Ratlam municipality case. This essay tries to draw attention to how environmental laws have evolved as a result of judicial activism and precedents set over the years in various case laws that have called into question the legality of related legislation. Environmental laws have been interpreted and applied in different ways when the court's responsibility to protect state resources as part of its operation has been raised. The article focuses on the development of environmental law jurisprudence in India.1,218 views -
Admissibility of Evidence in India
LL.M. Student at Amity Law School Rajasthan, IndiaPages 2739 - 2747The terminology “admissibility" refers to the act of admitting or acknowledging any sort of evidence in a court of law. As per the provisions of the Indian Evidence Act, of 1872 (hereinafter referred to as "Act"), the term "evidence" means any statement or proof whether written or oral, accepted by the court for the purpose of an ongoing lawsuit. Therefore, admissibility or acceptance of any sort of evidence refers to a written document or oral statement for reaching a conclusion in a court hearing. Section 17 of the act defines the terminology “admission" which in a literal sense refers to the act of admittance, acknowledgment, or the power to access or approach. As per the provisions of Section 3 of the act, facts or statements are presented before the court to support a claim made by one party against the competing party in a lawsuit. In general interpretation, evidence means an admission of any type of proof to make a valid lawful point in the court proceeding (Field, 2023). The report will discuss the basic fundamental conditions of admissibility of evidence in a trial session or court hearing. Furthermore, different types of shreds of evidence as well as general principles governing the concept of admission will be discussed too. A brief description of the lawful concept of admissibility of evidence within the concept of international arena along with a few case laws implications will be provided in the report.2,404 views -
Effect of White-Collar Crime on Education System
LL.M. Student at Amity Law School Rajasthan, IndiaPages 2748 - 2755Today WCC are almost in every field. However, it is rapidly increasing in the educational system as well. White-collar crime refers to the criminal activity carried out by highly educated people from higher levels of society. It may also be referred to as an offence against highly qualified and educated people. Further, these crimes include those in the sector of the judiciary, healthcare, and educational professions, as well as other professions. Thus, White collar crime is a rising issue in India as well. The main cause of educational crimes is the expansion of the commercial and information technology industries. Hence, modern technology developments bring to professional crime new perspectives. Today, White collar crimes are also common in the public sector, including the educational system . Although it can be challenging to figure out what kind of white-collar fraud might involve educators and administrators in schools. Nowadays educational institutions become a major hotspot for white-collar crimes. With establishing fraudulent and false information about their organisations, the executive boards of such organisations are in a position to obtain considerable government funding. Because high class individuals are engaged, these kinds of crimes and scams are particularly challenging to detect and prove. However, it is crucial to safeguard the educational system from fraud and fraudulent activities. This study will outline the usual kinds of white-collar crimes which have become common in India over the past couple of decades. Also, it is essential to control the white collar crimes especially in the educational system as it may weaken the future growth as well the economy of the whole country.1,707 views -
Analysis of Karta and Coparceners Role, Powers, and Liability in The Joint Hindu Family
Student at University of Petroleum and Energy Studies, IndiaPages 2756 - 2765The Karta of the family would usually be the senior member of a joint Hindu family. The position held by Karta is unique, so it is also called the Sui generis position. A member would be karta or not is decided by birth or adoption, and neither he is chosen by anybody nor does it require the approval of the other coparceners. He is the seniormost, hence he has the right to be the Karta. He is the head of the family and administers the family in the best manner possible; he is not a trustee, partner, or agent of the family. Previously, a female could not be Karta since she was not a coparcener before the Hindu Succession (Amendment) Act of 2005. The amendment however brought changes in the position of women in the joint Hindu family. Since the 2005 amendment daughters have now been considered as coparceners and on equal footing as other male coparceners, this further provides that she is now qualified to be karta of the family on condition that she is the seniormost member. Karta and Coparceners (who have right over Ancestral Property by virtue of birth or adoption) in the Joint Hindu Family have their rights and duties. This article aims to give an in-depth examination of the role of Karta, its power such as contracting debts, starting a new business, giving a valid discharge, referring disputes to arbitration, entering into contracts, Karta’s duties such as rendering accounts, recovering debts due to family, etc. Coparceners’ rights such as common ownership, common possession, enjoyment, and use of joint family property, right to alienation, and coparceners can challenge to restrain alienation when improper. According to Mitakshara Law, In a joint family, Coparcener’s property determination can only be done after partition main reason being Community of Interest and Unity of Possession, and with this partition of joint family property, the joint family status of the family also comes to an end. Members of the joint Hindu Family have distinguished and significant roles to play in running its lineage for which it has been endowed with certain rights and obligations which have been discussed in this article.1,726 views -
A Study on Domestic Violence in India
Student at Saveetha School of Law, Saveetha Institute of Medical and Technical Science (Simats), Chennai, IndiaPages 2766 - 2778The purpose of this research is to know about domestic violence in India even though there were many acts takes place in India but domestic violence plays an serious role in society. Domestic Violence is an act of physical, sexual or psychological abuse against a woman by someone who is intimately connected to her through marriage, family relation or acquaintanceship. It has its roots in the patriarchal set up of the society. Since times immemorial, domestic violence has been an intrinsic part of the society we are living in. It is present almost everywhere and nowhere is this eruption more intense than right behind the doors of our homes. Behind closed doors of homes all across our country, people are being tortured, beaten and killed. It is happening in rural areas, towns, cities and in metropolitans as well. It is crossing all social classes, genders, racial lines and age groups. So the main objective of my research is to know about the causes of domestic violence and impact of domestic violence in India, to know about the victims condition. The researcher used the empirical method and also used the questionnaire method to take the 201 responses and the statistical tool used here in pie chart and graphical representation etc is used by the researcher. The researcher also wants to know about the impact of domestic violence in India and how it affects the society. The results observed from the analysis of the study is that women have experienced domestic violence more than men in their life, women and children or teens are most likely to be the victims of domestic violence.799 views -
Right to Self-determination – ICJ Advisory Opinion on the Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965: A Critical Commentary
Student at Ramaiah College of Law, Bengaluru, IndiaPages 2779 -2785In February 2019, the International Court of Justice (ICJ) issued an advisory opinion on the legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965. The opinion centered on the right to self-determination, which is a fundamental principle of international law that grants people the right to freely determine their political status, economic, social and cultural development. The ICJ opinion found that the process by which the Chagos Archipelago was separated from Mauritius in 1965 was not in accordance with international law. The Court stated that "the decolonization of Mauritius was not conducted in a manner consistent with the right to self-determination" and that the United Kingdom's continued administration of the Chagos Archipelago is a "wrongful act." The ICJ also stated that all Member States of the United Nations have an obligation to cooperate to bring an end to the colonial situation in the Chagos Archipelago. The Court further declared that the United Kingdom must complete its withdrawal from the Chagos Archipelago as soon as possible. Overall, the ICJ opinion was a significant development in the ongoing struggle for the Chagossian people's right to self-determination. It reinforces the importance of this fundamental principle of international law and highlights the need for colonial powers to respect it in their dealings with other nations. However, the ICJ opinion is merely advisory and does not have binding legal force. It remains to be seen whether the United Kingdom will abide by the ICJ's findings and take steps to restore the Chagossian people's right to self-determination. Moreover, the opinion does not address the question of compensation for the harm caused to the Chagossian people as a result of their forced removal from the Chagos Archipelago. In conclusion, while the ICJ opinion on the legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965 is a significant development in the fight for the right to self-determination, more needs to be done to ensure that the Chagossian people are granted justice and restitution for the injustices they have suffered.1,325 views -
Drones, Pipes, and Tunnels as Instruments of Terror and for Pushing Drugs, Arms, Ammunition and Fake Indian Counterfeit Notes: An Analysis
Additional Assistant Director (Narcotics) at National Academy of Customs, Indirect Taxes and Narcotics, Faridabad, IndiaPages 2786 - 2810Pakistan’s policy of pushing drugs into the country through drones has seen an upward rise with the BSF making several seizures. The policy of state and non-state actors, concentrating on illicit drug trafficking, particularly at a time when their economy is in shambles, tells a story. The Article analyses the use of drone, drone policy in India and the positive contribution of the drone vis a vis the stealth activities of Pakistan in the use of drone in pushing drugs, arms, ammunition and Fake India Counterfeit Notes.1,052 views -
Universal Jurisdiction Over Crimes against Humanity
Researcher & Graduate Student at Jindal School of International Affairs, IndiaPages 2811 - 2819The paper "Universal Jurisdiction Over Crimes Against Humanity" examines the concept of jurisdiction in international law over crimes against humanity, with a specific focus on the universality principle. This principle provides a means for addressing the gravest of crimes that appeal to the "universal concern" - especially crimes against humanity when domestic avenues of justice are not available. The paper explores the origins and nature of such 'crimes against humanity', distinguishing them from other types of crimes, and presents arguments for why the universality principle is an appropriate means of addressing them. The paper also discusses the legal sources of authority that support the universality principle, including treaties, conventions, and customary international law to present an academic account of the evolution of the principle itself, with brief case descriptions to connect it to the broader domain of legal research. Finally, the paper presents arguments both for and against the implementation of universal jurisdiction, highlighting its potential benefits and shortcomings. The paper concludes with recommendations for further research and policy development in this area. Overall, the paper contributes to a growing body of scholarship on the use of universal jurisdiction as a tool for combating impunity and promoting accountability for the gravest of crimes.1,130 views -
Laws for the Protection of Environment and their Applicability in India
Student at Law College Dehradun, IndiaPages 2820 - 2832Restoration, preservation, and enhancement of the ecosphere are key challenges throughout the globe today. The environment encompasses both the biological and physical environments. The physical environment includes soil, rivers, and air. Plantations, wildlife, and other species are part of the biological ecosystem. Both the physical and biological environments are interlinked. Rapid industrialization, modernization, population outburst, excessive exploitation of natural reserves, disturbance of global ecosystems equilibrium, and the extinction of a plethora of creature and flora species for economic purposes are all elements that have led to ecological damage. The pollution of one country contributes to the general destruction of every other country in the world. There is no shortage of environmental laws in India, but its implementation has remained far from efficient. The Constitutional obligation and other environmental regulations must be enforced effectively and efficiently. The court has played an important and admirable innovative function. Many PILs have been introduced in the SC of India, against several industry sectors for neglecting to offer satisfactory pollution regulations and also against Pollution Control Boards to supervise them to take initiatives to guarantee pollution controls. To ensure the efficient and effective implementation of these rules, an adjucatory body comprised of complex legal professionals must be established. Caring for environmental regulation and protection is fundamentally a plan to protect that national growth follows sensible, stable regulations.870 views -
Rule of Law in India
Student at University of Petroleum and Energy Studies, Dehradun, IndiaPages 2833 - 2838In the ancient times, the Indian philosophers and thinkers have attributed great significance to the concept of Rule of Law and even considered this theory superior to the kings and the rulers, thus giving rise to the doctrine of supremacy of law. The doctrine of ‘Rule of Law’ is considered as a building block of the modern democratic society. In today’s world, people and their ideas are erupting into conflict and disorder that is becoming polarised and politicised. The 21st century can be characterized by a lack of stability and order. Unfortunately, it is clear and obvious that democracy and its principles are disintegrating. Some democratic ideas promote stability and accountability in our society. The concept of the “Rule of Law” is one of the main characteristics of a strong, free, and effective democracy but this term has not been defined anywhere in the Indian Constitution. The term “Rule of Law” is derived from the French phrase “La Principe De Legalite”, which means to “The Principle of Legality”. The purpose of this paper is to analyse Rule of Law in India by emphasising on various features in the Indian Constitution that upholds this concept. Further explaining it with the help of some landmark judgements.823 views -
Locked and Loaded: The ongoing Debates Over Gun Control Laws in U.S. Context
Student at Asian Law College, Noida, U.P., IndiaPages 2839 - 2845This article covers the complex and controversial topic of gun control in US, discussing current federal and states laws, the interpretation of the second amendment, gun violence statistics, the impact of mass shootings, the role of advocacy groups like the National Rifle Association, American attitude towards gun ownership and control, and proposals of gun control measures like universal background check and assault weapons bans. Finally, the article considers the future of the gun control debate, including potential policy changes and challenges to their implementation.1,048 views -
Examining the Challenges and Concerns of Human Trafficking in India
Student at Christ University, IndiaPages 2846 - 2856This research paper deals with the issue of Human Trafficking which has been a prime concern in the 21st century. Trafficking involves the involuntary mobility of people from a known place to an unknown place. Trafficking of women and children has become part of transnational organized crime and can be referred to as the dark side of globalization. Estimates indicate that more than 2 million women of India, Nepal, and Bangladesh origin are forced into the commercial sex trade, and of these, at least 50,000 are below the age of 18 years. India has failed to deal with the problems of human trafficking as a result for the past 5 consecutive years India is being placed on the tire-2 watch list of the United Nations. Poverty, ethnic conflicts, child marriage, unemployment, the lure of a job in the big cities, lack of educational facilities, and migration of laborers are some major reasons behind human trafficking. This research paper tries to analyze the setback that law and amendments have faced regarding the prevention of immoral and inhumane trafficking in India and also discusses issues related to why trafficking happens, find the reasons behind it, and also finds desirable solutions to the problems of human trafficking792 views -
The Effects of Gun Control Laws on Violent Crime Rates in India: A Comparative Study of States with different Policies
Student at Asian Law College, Noida, IndiaPages 2857 - 2867By comparing states with various gun control legislation, this legal research paper analysis that how gun control laws affect violent crime rates in India. The introduction to the article provides background information on the subject of gun violence in India as well as the current legal system governing firearms. The many techniques used by Indian states to gun control are discussed, including the licensing system, registration requirements, and bans on specific handgun types. The study looks at the connection between state-by-state violent crime rates and gun restriction laws using statistical analysis. It also looks at how other elements, such socioeconomic status, law enforcement resources, and cultural elements, affect the rates of violent crime. According to the study's findings, states with tougher gun control regulations have lower rates of violent crime than those with laxer regulations. Gun restriction legislation and violent crime rates do, however, have a complex relationship that may be altered by other circumstances. The article also discusses some of the difficulties that India faces in enacting sensible gun laws, including corruption, a lack of funding, and societal attitudes towards firearms. It ends with suggestions for more research as well as a discussion of the policy implications. Overall, this study offers insightful information about the connection between India's violent crime rates and gun control laws. It emphasizes the requirement for evidence-based regulations that consider the particular socioeconomic and cultural setting of every state. The results of this study can helps to shape the creation of more effective gun control laws that can support to bring down the occurrence of gun violence in India.1,837 views -
Pages 2868 - 2874Throughout human history, animals have been companions, sources of food and labor, and subject to human control. However, in recent times, there has been a growing debate about whether non-human animals should be accorded legal rights. The implications of this potential shift in our relationship with animals could be far-reaching and require a thoughtful analysis of the interests of all living beings. This paper addresses the issue of animal rights and their importance. It begins with an overview of the historical relationship between humans and animals, highlighting the various roles animals have played in human society. The paper then examines the concept of animal rights, exploring the ethical and legal arguments in favor of granting legal rights to non-human animals. The paper further analyses the views of both supporters and opponents of the animal rights concept. Supporters argue that animals have intrinsic value and are entitled to protection from harm and exploitation. Opponents argue that animals lack the cognitive ability to understand and exercise rights, and that granting them legal rights could have unintended negative consequences. Finally, the paper concludes by emphasizing the need for a balanced approach to animal rights that considers the interests of both humans and animals. It calls for increased awareness and education on animal welfare issues and for the development of legal frameworks that protect the rights of animals while also recognizing the legitimate interests of humans. Overall, this paper offers a thoughtful analysis of the issue of animal rights, exploring its historical context, ethical and legal arguments, and the views of supporters and opponents. It underscores the importance of finding a balanced approach that acknowledges the interests of all living beings..981 views
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Cybercrime and Women
Student at University of Glasgow, Scotland, United KingdomPages 2875 - 2884The growth of the internet and the virtual world has resulted in an increase in cybercrime, particularly online harassment of women. According to research, one in every ten women has encountered cyberviolence since the age of fifteen, with incidences increasing during the Covid-19 pandemic. Cybercrime against women is disturbing, and a number of states and international organisations are taking action. The Istanbul Convention outlines provisions for preventing and combatting violence against women committed over the internet. Through several penal law measures, the Budapest Convention addresses online and technology-facilitated violence against women. India has enacted legislation defining the consequences of cyberbullying and cyberstalking. However, the prosecution process remains difficult due to regulations that do not keep up with technological changes and law enforcement officials who lack funding, training, or expertise.973 views -
Constitutionalism in India: A Comparative Analysis of the Relationship between Constitutionalism and Constitutional Governance
Student at Vivekanada Institute of Professional Studies affiliated to Guru Gobind Singh Indraprastha University, IndiaPages 2885 - 2894This paper aims to examine the concept of constitutionalism and its relevance in the aftermath of the Nazi Germany incident. Despite having a written constitution, the lack of spirit of constitutionalism in Nazi Germany exposed the need for restrictions on the government to uphold individual liberties and promote the well-being of citizens. This paper seeks to present the concept of constitutionalism in a simple manner, highlighting its role in the drafting and implementation of constitutions as a set of normative guidelines. Additionally, it examines the interaction between constitutionalism and other constitutional values, such as democracy in the Indian context. The paper emphasizes the crucial role played by the judiciary in promoting constitutionalism in India since independence, and how the Indian Constitution embodies the values of constitutionalism that are essential for a truly democratic country.1,015 views -
Biotechnology Patenting with the Ethics and Morality Issues
Student at Symbiosis Law School, Pune, IndiaPages 2895 - 2901With the advancement of the technology everything in this world are changing with the passage of time and with this there is also emerged a technology called biotechnology which means to produce the healthcare related to products using the living organism and molecular biology and now the patent of this biotechnology has been debating topic in the society in the regime of intellectual property right as how it is right to give someone complete control over the novel beings. The prime focus of the paper on that how there are certain ethical issues related to this patent and how it affects the society at large and it becomes extremely difficult for law to join hands with protecting the intangible property vested in biotechnology patents.790 views -
Freedom of Religious Practice: Discourses of Limitation
LL.M. student at Nirma University, IndiaPages 2902 - 2912The work focuses on meaning of limitation on religious practice in India. It deals to examine the meaning of essential religious practice and the practices which falls under the ambit of essential religious practice. The standard changed throughout time as the courts exercised their discretion to decide what constitutes an inherent component of religion and what is not, deviating from the test’s initial intent, which was to separate fundamentally secular from fundamentally religious. The study demonstrates how the cases that this test was applied to may have been resolved by delving further into the constitutional text. The paper also tries to offer a different test to the one that emphasises the requirement to deliver the constitutional using a deferential but vigilant application of Article 25, the language is given a literal reading. The latter part pf the paper also deals with the subjects which are the reasons of limitation on such religious practice named as public order, morality and public health.738 views -
Pages 2913 - 2925Usually biomedical waste contains masks, blood samples, syringes, gloves, test materials, etc. which are generated from the hospitals and diagnosis centers during the diagnosis, treatment or immunization of humans. In the wake of the COVID -19 pandemic in recent times, the safe disposal of biomedical waste has become more critical. In spite of our country being governed by the Biomedical Waste Management Rules 2016, the Central Pollution Control Board made revision to the existing laws which were made compulsory to be followed by quarantine centers, isolation wards, hospitals, laboratories, common biomedical waste treatment facilities, sample collection centers and Common Bio Medical Waste Treatment facilities (CBWTFs). The proper collection, safe handling and final disposal of the biomedical waste has become vital and important to stop the transmission of this deadly virus. In this regard a four months study was conducted in seven hospitals at Bhilwara city, with an objective to access the level of awareness & attitude towards the Biomedical Waste Management (BMWM) Rules 2016 among the doctors, laboratory specialists, nurses & house-keepers; the way the staff is trained to handle this waste, the attitude of healthcare workers towards and to access the safety measure carried by them in the safe disposal of the biomedical waste. In order to gather the information, the study was carried out using the questionnaire method, in-depth interview and the data collected was affirmed by observation method. A total of 175 healthcare respondents from government and private hospitals participated in the poll. The results clearly show that during this pandemic the awareness about biomedical waste management rules was found highest among the doctors and nursing staff. However, the results advise improving bio-medical waste management training for healthcare workers. This work will guide the government to establish appropriate hospital biological waste management methods thus preventing environmental and health threats.660 views
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India’s Clean Energy Transition through the COP- 21 Perspective: Issues and Challenges
Advocate at Supreme Court of India, IndiaPages 2926 - 2937India possesses one of the most diversified energy sectors globally. Power generation in India includes traditional sources, such as coal, natural gas, oil, and hydro, to less mainstream sources, such as wind, solar, and agricultural and domestic waste. The growing environmental concerns coupled with an increasing energy demand are creating conflicting challenges for the power sector. Conventional sources of energy cause harm to the environment and are fast depleting. In the contemporary world, there is a need to reconcile economic development and environmental sustainability and tap into sources of clean energy. Lack of access to clean energy leads to a daily struggle for mere sustenance, thereby digressing from economically rewarding pursuits. Consequently, the same hampers economic development; it also affects the environment and health of the population. In this background, the project seeks to discuss the right to access clean energy from a Constitutional perspective. It evaluates the right to clean energy against the touchstone of fundamental rights and analyses its importance in realizing other fundamental and constitutional rights. Environmental degradation is a significant causal factor in perpetuating poverty globally. The United Nations Framework Convention on Climate Change (UNFCCC) reached a historic agreement to combat climate change and unleash action and investment towards a low carbon and sustainable future, popularly known as the Paris Agreement (COP 21), which India ratified. The project seeks to analyze India's position in combating climate change and promoting economic development while comprehensively examining India's policy changes post-COP -21 and challenges to renewable energy access.731 views -
Artificial Intelligence and the Law: Balancing Innovation with Legal Responsibility
Student at Manipal University Jaipur, IndiaPages 2938 - 2941The use of artificial intelligence (AI) in the legal industry is a rapidly growing field with significant potential to transform the way legal services are delivered. This article explores the opportunities and challenges presented by the use of AI in the legal industry. It discusses the benefits of AI, including increased efficiency and accuracy in legal decision-making, as well as potential drawbacks such as job displacement and ethical concerns. The article also examines the legal issues related to AI, including bias, data privacy, and legal liability. It argues that while the use of AI in the legal industry can bring significant benefits, it must be deployed responsibly and with careful consideration of legal, ethical, and privacy implications. Ultimately, the article contends that AI can enhance legal decision-making, increase access to justice, and benefit society as a whole, but only if legal frameworks are developed to address these issues.961 views -
This paper explores the complex relationship between drones, war crimes, and environmental damage in the context of the ongoing conflict in Afghanistan. Drones have become an increasingly common tool in modern warfare, offering unparalleled surveillance and strike capabilities. However, their use has also raised ethical and legal questions, particularly when it comes to the potential for civilian casualties and violations of international humanitarian law. In Afghanistan, the use of drones by the United States and its allies has been linked to a number of alleged war crimes, including the killing of civilians and the destruction of civilian infrastructure. Additionally, the environmental impact of drone strikes has been largely overlooked, despite the fact that they often target remote and ecologically sensitive areas. This abstract considers the potential consequences of these actions for the people of Afghanistan and the wider world, highlighting the need for greater accountability and transparency in the use of drones in conflict.984 views
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Abortion Rights in the 21st Century: An Examination of the Medical Termination of Pregnancy Act, 1971
Advocate in IndiaPages 2973 - 2980This article takes a comprehensive look at abortion rights in the 21st century, focusing on the Indian Medical Termination of Pregnancy (MTP) Act and its implications for women's reproductive health. The article provides an in-depth analysis of the key provisions of the MTP Act, including recent amendments, and compares the Indian law with the current legal landscape in the United States and other developed countries. In addition, the article examines landmark cases related to the MTP Act, including Ms. X v. Union of India (2015), Nikita Mehta v. Union of India (2020), and Re:Rekha Mishra (2017), and how they have impacted the interpretation and implementation of the law. The article also highlights the significance of the MTP Act for rape survivors, exploring how the law has provided greater access to safe and legal abortion for women who have experienced sexual violence. Case studies of survivors who have navigated the legal system under the MTP Act illustrate the challenges and successes in ensuring reproductive justice for marginalized communities. Finally, the article considers the broader implications of abortion rights in the 21st century, analyzing the role of reproductive justice in ensuring access to safe and legal abortion for all women.934 views -
Breaking Barriers: Overcoming Political and Religious Obstacles to Legalising Same-Sex Marriage in India
Student at Christ (Deemed to be University) Delhi NCR, IndiaPages 2981 - 2992Same sex marriage is a new dimension of social change in the Indian society which requires the attention of the public at large. Homosexuality is an idea which is proceeded with right from the Vedic period. This paper aims to investigate the social, political, and legal aspects of same-sex marriage in India. It likewise examines the foundations of marriage, and why individuals are hesitant to acquiesce to a more inclusive form of marriage. Throughout this paper, the simple and complex definitions of marriage are explored. The contentions of the opponents of same-sex marriage are analysed. The claim that changing the components of marriage would fundamentally change the structure and purpose of marriage is explored. This is trailed by a comparative analysis with family law in India, and the legality of same-sex marriages under the relevant statutes. It is now the time to provide for better protection to the rights of same sex couples by recognizing their marriage and keeping aside the Indian Ethos and the doomed customary beliefs which has left the entire society in the hands of majoritarianism and intolerance.824 views -
This article discusses the various contractual clauses in joint venture agreements under Indian commercial laws. The joint venture structure is becoming increasingly popular in India due to its advantages. However, joint ventures can be complex and require careful drafting of agreements to avoid disputes. The article highlights key clauses such as the management and control clauses, confidentiality clauses, non-compete clauses, termination clauses, and shareholders' rights clauses. The article also discusses the importance of incorporating a severability clause to ensure that the enforceable clauses of the contract are saved in case of unenforceability of a clause. Henceforth, the article provides insight into the legal considerations for drafting effective joint venture agreements in India.1,252 views
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Pages 3017 - 3032This comparative study explores the legal and ethical perspectives on euthanasia in India and Canada. Euthanasia, also known as assisted dying, is a complex and controversial issue that raises questions about autonomy, dignity, suffering, and the role of healthcare professionals in end-of-life decision-making. In Canada, euthanasia is legal under certain circumstances, following the Supreme Court's decision in the Carter case in 2015. The Medical Assistance in Dying (MAID) Act came into effect in 2016, which allows eligible patients to receive medical assistance in dying with the supervision of a medical practitioner. However, the law has strict criteria for eligibility, and there is ongoing debate about expanding its scope. In India, euthanasia is illegal under the Indian Penal Code. However, there have been several high-profile cases in recent years that have brought the issue to public attention, such as the Aruna Shanbaug case in 2011. The debate in India has focused on the right to die with dignity and the need for a legal framework that addresses end- of-life care and decision-making. This study compares the legal frameworks and ethical perspectives on euthanasia in both countries, examining the cultural and historical factors that shape attitudes towards end-of-life care. It explores the role of religion, family, and social values in shaping public opinion and policy and considers the impact of globalisation and changing demographics on the debate.1,303 views
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Capital Punishment: Society’s Saviour or the Menace
Student at CHRIST (Deemed to be University), Delhi NCR, IndiaPages 3033 - 3042Execution of a person (sentenced to death) after being convicted of a crime by a court of law of a criminal offence is capital punishment, popularly known as the death penalty. Under the law of Draco (c. 7th century BCE), capital punishment for crimes like murder, treason, arson, and rape was frequently practised in ancient Greece, despite Plato's contention that it should only be reserved for the truly evil. Although citizens were exempted for a brief period during the republic, the Romans also utilised it for a wide variety of transgressions. Most of the major religions in the world have at one point or another approved of it. The authorised execution of a person who has committed a heinous criminal offence that is against the law is the capital punishment. A person is executed by the state as retribution for the crime he committed under the legal term "death penalty," which is recognised by the government. In the United Nations (UN), where the death penalty is viewed as a violation of human rights, the phrase "Abolition of Death Penalty" is one of the most frequently discussed themes. In Rajendra Prasad v. State of Uttar Pradesh, Justice V.R. Krishna Iyer made the following remark: “The special reason must relate, not to the crime but to the criminal. The crime may be shocking and yet the criminal may not deserve the Death Penalty.”.858 views -
India’s 3D Policy of Governance and the Integration of North-Eastern Region
Student at Symbiosis Law School Pune, IndiaPages 3043 - 3050The Integration of North Eastern Region of India into the main stream governance was a humongous task that was faced by newly independent nation amidst the already surfacing socio-political challenges as a result of the collapse of the century old colonial rule. This necessitated the founding fathers not only to integrate and hold the nation together at one hand but also inculcate dissent to re-engage within the established belief of democracy and self-determination in the minds of the populace. Adhering to this belief the subsequent governments of free India further enabled the patience for policy of democratic interweaving through a series of measures in premediated or sometimes situational stages that can be attribute to 3D – Dialogue, Democracy and Development. The 3D policy of the Government of India is flexible inclusive policy which it uses to tackle and mitigate many of its domestic challenges and limitation. This paper will only deal with the implementation of this policy in regard to integrating seemingly believed to be completely contrasting ethnic way of living into the ambit of wider idea of democracy and institutional governance, something which was rendered to be impossible by the experts when India started its journey as Independent democratic nation.1,181 views -
Feminism
Student at IILM Law School, IILM University, Gurugram, IndiaPages 3051 - 3056A political, cultural, or economic movement promoting women's equality and legal protection is referred to as feminism. Feminism is a movement that promotes gender equality for women and works to advance their rights and interests. It also includes political, sociological, and philosophical ideas and philosophies that address issues of gender difference. The Ancient Greek feminism's origins are uncertain, but the four waves of feminism are how most people today identify the movement. The evolution of feminism will be examined in this research paper.792 views -
Imprisonment: A Boon or a Bane?
Student at ICFAI University, Dehradun, IndiaPages 3057 - 3068Imprisonment takes away a person’s freedom and liberty but at times removing the accused from the society becomes a necessity for the welfare of society itself and that of the prisoner too. But many a times, such imprisonment have been proven to defeat the main objective of imprisonment as innocent prisoners associate with the hardened criminals and engage further in the illicit and illegal activities. There are different types of prisons for different classes of prisoners which has proven to be beneficial but the occupancy rate in India is presently 130% which causes problems as many prisons are overcrowded and in turn this leads to issues like poor sanitation, hygiene, accommodation etc. The prison system in India has developed through various time periods in various ways which led to the present prison system prevailing in our country, although the present prison system can be said to be as a remnant of the british period’s prison system. However, presently, prisoners have also been conferred with several rights from many acts like the Indian Penal Code,1860, the Code of Criminal Procedure, 1973 and also from the Constitution of India and various other acts. A vast portion of Indian Budget is allocated to the prison expenditure wherein 77% of prisoners are awaiting trial. This is the reason why several committees were established by the government of India to give suggestions and recommendations for the reduction of undertrial prisoners thus solving the issue of overpopulation in the prisons. These committees were also responsible for several prison reforms in India. However, imprisonment have many effects, and not just on the prisoner but on the society as well. The prisoner is obviously affected socially, psychologically, and economically but the society also gets affected, and not always in a good way as imprisonment does not always fulfil its objective of prevention of crime and rehabilitation of criminals.874 views -
Panchayati Raj System in Ancient India and in Modern India: A Comparative Study
Student at The ICFAI University, Dehradun, IndiaPages 3069 - 3080The Panchayat Raj system of India, established through the 73rd Amendment Act of 1992, decentralised a form of governance that aims to empower local communities by providing them with the authority and resources to govern their own affairs. This Article provides a comprehensive overview of the Panchayat Raj system, including its historical evolution, constitutional framework, functions and responsibilities, structure and composition, challenges, and impact on rural governance. The Panchayat Raj system in India has its roots in ancient times, with the concept of self-governance at the village level. However, only after independence were efforts made institutionalised local self-governance through constitutional amendments. The 73rd Amendment Act, also known as the Constitutional Amendment for Panchayats, was a landmark legislation that brought about a significant shift in the governance structure of rural India. The constitutional framework of the Panchayat Raj system is outlined in the 73rd Amendment Act, which provides for a three-tiered structure of local government at the village, intermediate, and district levels. The Gram Panchayat (village council), Panchayat Samiti (intermediate-level council), and Zilla Parishad (district-level council) form the three tiers of the Panchayat Raj system. These elected bodies are responsible for a variety of functions, including rural development, social justice, infrastructure development, and local administration. The structure and composition of the Panchayat Raj system involve direct elections at the village, intermediate, and district levels, with reserved seats for marginalised communities such as Scheduled Castes (SCs), Scheduled Tribes (STs), and women. The system aims to ensure inclusive representation and participation of marginalised communities in local governance, thereby promoting social inclusion and empowerment. Despite its potential, the Panchayat Raj system faces several challenges, including inadequate financial resources, lack of capacity-building and training, political interference, and low awareness and participation of local communities. Additionally, there are issues related to overlapping jurisdiction, accountability, and coordination with other levels of government.3,969 views -
Gender Discrimination in India: A Persistent Barrier to Progress
Civil Judge - Junior Division and Judicial Magistrate First Class, Narkhed, Nagpur, IndiaPages 3081 - 3086Gender-based discrimination and violence are all hanging swords in the Indian social structure. The gender-based violence and brutality are increasing day by day. Instead of constitutional and other legal provisions, the cases of violence are allegedly in bulk against women and transgenders. Gender discrimination in Indian society leads towards scarcer progress of social structure. In India, gender-based violence and discrimination are many facets. Gender discrimination is not limited to family, but it can practice in every walk of life. Gender discrimination is based on opportunities, economic background, poverty, lack of education, traditional influence on the family and society, and many more factors are responsible for gender discrimination in India. Merely providing legal clutches will not serve the purpose of gender discrimination unless we develop a sense of equity and equality in our hearts; gender discrimination and hate will persist in society. The laws, policies, and rules will not be helpful unless we exhibit a mature understanding and concern for another gender in reality. Considering the same, this research paper aims to analyse the forms of gender-based violence and its effects on society, which leads towards the absence of progress in humankind. The author will try to discuss the issue of gender violence with the help of judicial decisions and analysis of recent trends.1,072 views -
Pages 3087 - 3103Business parlance these days often includes the phrase “Corporate Social Responsibility” (CSR). CSR occurs when a company voluntarily incorporates social, environmental, and ethical principles into its operations for the betterment of its employees, the community, and society at large. CSR is now considered a standard operating procedure for every successful organization. CSR proposes that firms should think about social goals in addition to financial ones. Businesses should be aware that they may contribute to sustainable management of their operations by doing things like providing environmental protection, encouraging social responsibility, and securing the interest of their customers while still making a profit. Managing company operations in a manner that fosters economic growth and competitiveness protect the environment and advances social responsibility and consumer interest is a key component of sustainable development and should not be overlooked by companies in their pursuit of profit. In its early stages, the evolution of CSR focused on involving corporate managers and employees in defining and following socially responsible practices that were often consistent with business success. Today, public and non-profit sectors are also participating in the debate and contributing socially responsible business efforts through various ways of collaboration. Regardless of the strengths and weaknesses of its core elements, public-private partnerships (PPP) are always mutually beneficial and fruitful. The PPP has a positive effect on the community; however, the extent and severity of the impact can vary. When properly carried out, such partnerships greatly enhance the efficacy of any given intervention.870 views
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Understanding the Collegium System in India
Student at Amity Law School, Amity University Patna, IndiaPages 3104 - 3112The Collegium System in India has been a topic of debate and controversy since its inception. Proponents argue that it ensures the independence of the judiciary and prevents political interference in the appointment and transfer of judges, while critics argue that it is undemocratic and lacks transparency. This research paper aims to examine the impact of the Collegium System on the independence of the judiciary in India. The paper analyses the history and evolution of the Collegium System, the criteria used for the selection and appointment of judges, and the transparency of the system. The paper also examines the criticisms of the Collegium System and proposes potential reforms. The research findings suggest that while the Collegium System has ensured the independence of the judiciary, it has also faced criticism for its lack of transparency and accountability. The paper concludes with recommendations for reforms to make the Collegium System more transparent and accountable, while also maintaining the independence of the judiciary.1,258 views -
Seminal Cases that have Shaped the Jurisprudence around Anti-Trust Laws in India in the Last Decade
Student at Amity University, Kolkata, IndiaPages 3113 - 3119This paper discusses four of the most prominent cases adjudicated by the Competition Commission of India over the past 10 years which have shaped significant portions of the jurisprudence around competition laws in India that operates today. These cases are not merely seminal because they have clarified important ambiguities in the statute ie. the Competition Act of 2007 but also because they have laid down standards of adjudication, especially regarding the determination of relevant market that would apply to subsequent cases and would most certainly have a critical impact on the corporate scene of the nation. The instant paper tries to critically analyse the judgments while giving a brief summary of the facts situations and how the court applied the law to the relevant facts situations. The paper is essentially a commentary on the following cases viz re Mukul Kumar Govil and Ors vs ET Infra Developers Pvt. Ltd, RE Vipul Jain vs Samsung and ors, C Shanmugam and Manish Gandhi vs Reliance Jio Infocom Ltd (RJIO), XYZ vs Alphabet Inc. and ors, The paper is written in a narrative style and is a commentary on existing literature.1,202 views -
Capital Punishment in India: Constitutional Validity
Student at Amity University, Kolkata, IndiaPages 3120 - 3126The Capital Punishment also known as the Death Penalty. It's a prosecution of a person condemned to death after being condemned of a felonious offence by a Court law. Capital discipline considered the gravest type of discipline and it's handed to those who have committed the type of crime that heinous and against humanity. Capital discipline are different amongst countries but one common thing is that it means a judgment to death. There are colorful arguments between individual regarding the actuality of Death penalty. According to some people manslayers hang the safety and weal of the society only by putting manslayers to death can insure the Safety of the society and also they believe that capital discipline is one similar practice the society should support that will bring about a balance of good over wrong also capital Justice icing that everyone is treated inversely It's veritably important that the society put discipline on culprits equal not lower also what the innocent victims and family has suffered, and a miscreant should get what the earn and should suffer for their wrong. On the other hand according to some people the Death Penalty is unjust because it eventually inflected to innocent people also the Death Penalty violates the Right to Life which is granted by the Constitution Of India. This composition highlights that, whether Capital discipline violates the Right to Life under Composition 21 of the Indian constitution and also is there any necessity to live the Death Penalty for betterment of the society or the Death Penalty should abolish by the law.969 views -
Basanti Devi vs Rati Ram (2018) 16 SCC 608
Student at KIIT School of Law, IndiaPages 3127 - 3130The property rights are one of the important rights that a person has and it can be acquired by two ways either by buying a property or by succession. When a property is acquired by succession there are different rights which are given to different person according to the mode of succession that person had. The process of succession has been difficult for women and there are limited amount of rights which are given to them in certain cases. These rights have been provided in Hindu succession Act, 1956. Although these rights have been evolved over the period of time but still there are more changes and need to provide more rights to women. In this case sec 14 (1) of Hindu Succession Act, 1956 and 14 (2) of Hindu succession act, 1956 has been discussed with respect to the rights of a widow women over a property and whether that right will be considered as a absolute right over the property and the case also gives the reason in which circumstances the rights of the women will be converted into absolute right and the reason behind it and what are the rights a women has over the property with limited rights and to who will be the legal heir of that property.3,551 views -
Pages 3131 - 3160The concept of transformative constitutionalism, which aims to promote principles of equality and dignity through enforcing rights that lead to social change, has become increasingly popular in the legal and political discourse of many countries. This article provides an analysis of how this approach is implemented in three different nations: the United States, India, and South Africa. However, each country faces unique challenges associated with their approach towards transformative constitutionalism, shaped by factors such as historical contexts, politics, and the law-making bodies at both the federal and state levels, and not just the courts. The paper examines these aspects along with judicial interpretations related to promoting transformational values within each jurisdiction. Through critical examination, including the review of relevant cases under close scrutiny, similarities and differences in the implementation efforts are noted over time spent studying them comparatively side-by-side, considering various provisions that are considered part-and-parcel thereof, including successes and limitations. Ultimately, it is important for scholars to actively collaborate in ongoing dialogue to keep idealistic goals alive despite setbacks faced while implementing policies that aim to deliver socio-economic justice.1,182 views
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Revolutionizing the Legal Landscape: How AI is Transforming the Legal Industry
Student at The School of Legal Studies, The Neotia University, IndiaPages 3161 - 3167Artificial Intelligence (AI) is revolutionizing the legal industry by streamlining processes, enhancing research, and improving access to justice. AI-powered platforms are transforming traditional legal tasks, such as research, due diligence, contract analysis, and litigation preparation, making them more efficient and accurate. Legal chatbots, available in various forms, offer a wide range of legal assistance, democratizing access to legal information and offering cost-effective solutions. However, AI's integration into the legal field raises ethical, professional, and regulatory concerns, including algorithmic biases, accountability, and potential job displacement. Additionally, limitations in chatbot personalization, information accuracy, and ethical boundaries warrant careful consideration. To harness the transformative potential of AI, it is crucial for the legal community to address these challenges, foster a collaborative approach between AI and human expertise, and adapt to the changing landscape. Legal professionals must develop new skills and engage proactively with AI technologies. By embracing AI, legal professionals can shape a more efficient, just, and inclusive legal system, paving the way for better outcomes and greater client satisfaction. However, AI's integration into the legal field raises ethical, professional, and regulatory concerns, including algorithmic biases, accountability, and potential job displacement. Additionally, limitations in chatbot personalization, information accuracy, and ethical boundaries warrant careful consideration. AI systems' transparency and adherence to ethical standards need to be closely monitored to prevent unjust outcomes or exacerbation of existing inequalities in the legal system. To harness the transformative potential of AI, it is crucial for the legal community to address these challenges, foster a collaborative approach between AI and human expertise, and adapt to the changing landscape. Legal professionals must develop new skills and engage proactively with AI technologies, embracing the evolving role of lawyers in the AI-driven era. By embracing AI, legal professionals can shape a more efficient, just, and inclusive legal system, paving the way for better outcomes and greater client satisfaction. Furthermore, AI technologies can potentially facilitate global harmonization of legal practices and standards, enhancing collaboration and integration across borders. As the industry navigates this new frontier, it is crucial for legal professionals to be proactive, adaptive, and open to change, ensuring a future that capitalizes on AI's benefits while addressing its limitations and ethical concerns.1,090 views -
Justice at a Distance: Exploring and Evaluating the Use and Effectiveness of Video Conferencing Technology in Criminal Court Proceedings with Potential Use Under Section 273 of The Code of Criminal Procedure, 1973
Student at University of Petroleum and Energy Studies, IndiaPages 3168 - 3178Presently, there exist no provisions concerning the employment of video conferencing technology within criminal trial proceedings related to the taking of evidence in the presence of the accused as stipulated under section 273 of the Code of Criminal Procedure, 1973. The present paper seeks to discern the use of video conferencing technology and analyze its efficacy as regards its possible usage within the aforementioned trial proceedings as stipulated under the said section 273. In this regard, the paper begins with a brief introduction to the notion of video conferencing and the presently available technologies to facilitate the same. This is followed by an inquiry into the genesis and evolution of the general use of video conferencing by Indian Courts in light of the prevailing circumstances existing at the time to effectuate a better understanding of the historical usage of the technology, leading up to the contemporary times. Subsequently, the current legal framework related to the use of video conferencing technologies in judicial proceedings is discussed in light of related judicial precedents and state amendments made to the said section. Thereafter, the penultimate segment of the paper details an analysis regarding the potential benefits and pitfalls that may emerge if video conferencing is adopted as a medium under section 273 by way of a legislative amendment to said section. The final segment suggests reformative measures which may be incorporated for the purposes of enhancing the functionality of the process under section 273 so as to render it more equitable and effective.662 views -
Melting Faces, Shattering Lives: The Impact of Acid Attacks on Society and its Socio-Legal Effects
Student at SVKM's Pravin Gandhi College of Law, Mumbai, IndiaPages 3179 – 3189The researcher has talked about acid attacks and highlighted the plight of acid attack survivors. There has been a growing concern regarding the increase in the incidences of acid attacks. This study talks about the definition of acid attacks according to various organizations, causes of acid attacks, causes of acid attacks, post-attack life victims of acid attacks, and its socio-legal aspects. Using a cross-sectional analysis, this study analyses the incidences of acid attacks and various case laws regarding them. There have been developments and amendments in legislation concerning acid in the past years. This study critically analyses them and sees whether they are effective on the ground or not. The major causes of attacks include refusal to propose marriage or sexual favors, patriarchy prevailing in society, cheap availability of acid, and considering beauty as the sole feature of women. The researcher has referred to different works and pointed out sufficiencies and deficiencies. The researcher pointed out some suggestions for preventing the attacks and making the existing laws more effective.1,078 views -
The Impact of Diversity and Inclusion Initiatives on Recruitment and Selection Outcomes
Student at School of Law, Mahindra University, IndiaPages 3190 - 3199Diversity and inclusion have become one of the most debated upon topics in the recent times as many companies are actively taking steps towards diversity and inclusion initiatives. This research paper examines the impact of diversity and inclusive initiatives on recruitment and selection outcomes, with the goal of providing insights for companies looking to improve their Diversity and Inclusion (D&I) initiatives. The findings of this study suggest that companies that adopt systematic, business-led approaches to inclusion and diversity (I&D) are making impressive gains in diversity, particularly in executive teams. The report highlights the areas where companies should take far bolder action to create a more inclusive and productive workplace. Inclusion recruitment and diversity recruiting strategies are essential for attracting, engaging, assessing, and recruiting diverse talent to drive business success. A diverse and inclusive workplace leads to increased happiness and productivity among employees.1,824 views -
Honour Killing
Student at Christ University, IndiaPages 3200 - 3208The article basically focuses on the situation of Honour Killing in India. It highlights the legal provisions to tackle the crime of honour killing. It is a heinous crime, and a lot of attention is required to tackle it. An honour killing of a woman by a male relative is not an individual act of violence but one which is collective, planned, sociologically predictable, and socially approved by both lady and man in the family and community concerned. The main reason behind Honour Killing in this country is that families are against Pre-marital relationships and the matrimonial choices of the girl in the family. Honour Killings are a clear violation of human rights, and States necessarily need to protect individuals from such violations.874 views -
A Review of The Transgender Persons (Protection of Rights) Act, 2019 on Perspective of the Transgender People
Student at MVN University, Palwal, IndiaPages 3209 - 3214As a human being, we all are equally born and have equal human rights. Apart from traditional categorization of gender between men and women there is another category of people called as transgenders and these are not exclusively identity them as a male or female because they have mixed features of both of genders. The transgender persons are treated unequally by our society. Even they are fighting of their separate gender identity. Our Constitution of India provides right to equality to all people by using word persons. Under Constitution every citizen of India has an equal right to live a life with dignity and respect. Yet, transgender people do not find an equal and respectful place for them in our society. Despite a respectful living conditions they are still fighting for their identity. The government for uplifting the living conditions of the transgenders enacted the Transgender Persons (Protection of Rights) ACT, 2019. The transgender community have so many expectations with the Act. Definitely as a primary step the Act provides a hope to the transgender community that government is vigilant about the protection of rights of the community. In this study, we will discuss about the features and major drawbacks of the Transgenders Persons (Protection of Rights) Act, 2019 and a make a critical review of the Act on the point of view of the needs and necessities of the transgender people.1,042 views -
Cyber-Crime Causes and Prevention
Student at B.S. Anangpuria Instititue of Law, Alampur, Faridabad, Haryana, IndiaPages 3215 - 3225Cybercrime refers to crook sports that are finished the use of the net or other varieties of virtual verbal exchange era. This consists of a wide variety of illegal sports, consisting of hacking, identity robbery, phishing, ran-somware attacks, and dispensed denial-of-carrier attacks. Cybercriminals use numerous methods to gain unauthorized access to laptop systems or networks borrow touchy records, and purpose harm or disruption to computer systems and networks. They may additionally take advantage of vulnerabilities in software program or operating systems, use social engineering strategies to trick people into presenting personal information or downloading malware, or use botnets to launch coordinated assaults. The impact of cybercrime can be significant, both in terms of financial losses and damage to reputations. Preventing cybercrime requires a combination of technological solutions, such as firewalls and antivirus software, and effective cyber security policies and procedures. This includes educating individuals about the risks of cybercrime and how to protect themselves, as well as implementing strong password policies, regular software updates, and data backup protocols.1,005 views -
A Perusal of Corporate Governance in India
Student at ICFAI Foundation for Higher Education, Hyderabad, IndiaPages 3226 - 3237The notion of good corporate governance attained significant importance all over the sphere. The reason behind the downfall of many great companies is the lack of corporate governance. Good corporate governance in the top management helps them to manage, direct, and reach the goals of the organization. Ignorance of corporate governance not just affects the company but it affects society and people equally as much as it does to the company. Corporate governance must be considered a serious issue and laws made respectively should be strictly followed by the top management of the company. It is noted that Good corporate governance means not just complying with the laws but it also means having core principles of human life such as ethics and morals. This paper traces the notion of corporate governance, the necessity of corporate governance, provisions of company law regarding corporate governance, and committees established to date in our country.774 views -
Independence of Autonomous Institutions Study of ECI, CAG In India
Student at Jindal Global Law School, IndiaPages 3238 - 3244The Indian constitutional framework does not adhere to the strict ‘separation of powers’ as enumerated by Montesque but has a functional overlap between three organs for which independent autonomous bodies such as Election Commission of India(hereafter ECI) and Comptroller and Auditor General of India (hereafter CAG) act as checks and balances. If the government was incharge of conducting elections then certain minority groups would be excluded. The goal is to achieve good governance through administrative justice be it conducting audits or elections. This paper will study the scope of Election Commission of India and how its functions are being curtailed by the legislature and executive. It will also study another constitutional body being Comptroller and Auditor General of India and how the legislature does not fully appreciate the velocity of ‘independent body’ principle. The study of both these institutions is to analyze how the legislature/government is curtailing the powers of these institutions in performing its functions thereby being in violation of the very intent of forming such agencies.1,093 views -
Digital Copyright and Trademark Issues in the Era of Artificial Intelligence
Student at University of Petroleum and Energy Studies, IndiaPages 3245 - 3255The use of artificial intelligence (AI) has become increasingly prevalent in recent years. AI systems have been used in a variety of applications, from voice assistants and chatbots to content creation and data analysis. However, the use of AI in generating and analysing data has raised potential copyright and trademark issues. In the context of digital copyright, one of the primary concerns is ownership. With the use of AI in creating original works, the question arises as to who owns the copyright. For example, if an AI system creates a painting or a song, who owns the copyright to that work? Is it the AI system itself, the programmer who created the system, or the person who trained the system? These questions are not easily answered, and the legal framework surrounding the ownership and protection of these works is still in its infancy. Another digital copyright issue in the era of AI is authorship. The use of AI in content creation raises questions about the role of the author and the concept of originality. For example, if an AI system generates a news article, who is the author of that article? Is it the AI system, the programmer who created the system, or the person who provided the input data? Furthermore, the use of AI in content creation also raises questions about fair use. For instance, if an AI system generates a parody of a copyrighted work, is it considered fair use, or does it infringe on the original work? In addition to digital copyright issues, trademark issues are also a cause for concern in the era of AI. The use of AI in generating and analyzing data can lead to potential trademark infringement issues. For example, AI-generated content may inadvertently use protected trademarks, leading to disputes over ownership and use. The use of AI in keyword advertising also raises questions about trademark infringement. Keyword advertising involves bidding on specific keywords to display ads when those keywords are searched for. However, if those keywords are protected trademarks, the use of those keywords in advertising may be considered trademark infringement. The legal framework surrounding digital copyright and trademark issues in the era of AI is still developing. Current laws and regulations are not yet equipped to handle the unique challenges presented by AI. Therefore, it is essential to address these issues to ensure that intellectual property rights are respected and protected. One possible solution is the development of new laws and regulations specifically designed for AI-generated works. Another possible solution is the use of blockchain technology to establish ownership and track the use of AI-generated works. In addition to legal considerations, there are also ethical considerations when it comes to digital copyright and trademark issues in the era of AI. It is important to consider the impact that the use of AI may have on creativity and innovation. If AI systems are used extensively in content creation, it may lead to a decrease in originality and creativity. Additionally, it is important to consider the impact that AI may have on the job market. As AI systems become more advanced, they may replace human workers in content creation and data analysis.1,431 views -
Surrogacy Rules in Light of Indian Scenario
Student at Christ University, IndiaPages 3256 - 3266The paper is centered on "Commercialization of Surrogacy in India, Current law or Bill related to surrogacy in India & History aspect of Commercialization of surrogacy in India ". In the wake of presenting the point momentarily, it explains the significance and idea of Surrogacy. From that point, the paper has advanced different meanings of Surrogacy. It likewise examinesthe three various types of surrogacies followed by a conversation of its verifiable foundation. The set of experiences has been examined in both Indian and World settings in the paper, afterwhich it refers to a conversation on the commercialization of Surrogacy in India. The paper likewise specifies about Surrogacy Super Store pervasive in India. From there on, different moral and moral issues connected with surrogacy have been talked about. Further, ittalks about the law connecting with surrogacy in India. The Legal reaction in India concerning surrogacy has likewise been talked about followed by the conversation of legitimate issues on surrogacy. The paper also focused on Assisted Reproductive Technology and Surrogacy Board regulationbill 2020, The Surrogacy Bill 2020, & outsourcing for surrogacy in India relating to other countries’ laws on surrogacy. Also, talk about the violation of the Human Rights of a woman relating to forced surrogacy and Commercial surrogacy in India with this, “Does the Right to privacy include the right to reproductive choice in Article 21 of the Indian Constitution?” Thepaper thus concludes after putting forth the concluding observation followed by some suggestions and recommendations on surrogacy.830 views -
Pages 3267 - 3277Dowry has existed from the beginning of time. This idea has been discussed throughout history and is an old one. Despite being a long-standing tradition, dowries are still required and anticipated in order to accept a legitimate proposal during a wedding. In regions of Asia and Northern Africa, it is frequently observed. Many dowry-related conflicts result in violence against women, including acid assaults and murders, and these fatalities are referred to as "dowry deaths." Dowry is a kind of amount which is given by the parents of girl i.e., bride to the parents of boy i.e. groom, which might take the form of property or cash. At the wedding, the groom's family receives this cash. Most bride's families offer a dowry to keep their daughter content with the in-laws, but they are unaware that this practise can affect their offspring as well. Conservation of young females from the communal immoral is the duty of the government. For this purpose the state government has established various restrictions related to forbidding of the dowry such as ‘Dowry Prohibition Act, 1961’ and many more. There are various penal provisions inserted under act of 1961. There were many awareness and educational programme was run by government for reducing the rate related to dowry death.1,270 views
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A Step Towards Gender Neutral Laws: A Need of the Hour
Student at V.M. Salgaocar College of Law Miramar Panaji, Goa, IndiaPages 3278 - 3286Gender Neutral Laws are those laws that do not discriminate on the basis of gender or sex, and treats individuals of all genders equally under the law. It is a common misconception that males are always accused of being the perpetrators and that women are always the victims, however, even men and transgenders can also be victims of sexual offences and false accusations. Globally there is a growing necessity and recognition for laws becoming gender neutral and this is becoming more widely acknowledged by the governments and the society. Regardless of gender a crime can be committed by a man or a woman. The number of crimes committed against men and transgenders is on the rise and it is something that the government should look upon. According to the current Indian legislation for a sexual offence to be committed it requires a male to be the perpetrator and female to be the victim. This exclusivity of gender causes grave injustice since it leaves out men and transgenders as being victims of these offences which is discriminatory in nature. The current law is inadequate and discriminatory leaving the victims without legal recourse. There arises a need to make laws gender neutral which will bring equality and abolish the idea of superiority of one gender upon the other. This article focuses on the various laws in the Indian Penal Code 1860 and other legislations that have been framed lacking the concept of gender neutrality which focuses on providing protection to victims of a particular gender.1,925 views -
Exploring Menstrual Leave in Islamic Jurisprudence: Cultural and Religious Perspectives
LL.M. Student at Department of Studies in Law, University of Mysore, IndiaPages 3287 - 3296Menstruation is often stigmatized and surrounded by taboos, causing women to feel guilty about a natural bodily process. Women may find it challenging to carry out their daily activities, particularly during the first day of their period. In Islam, menstruation is regarded with great importance, and women are exempted from prayer and fasting during their periods. Proper hygiene is also emphasized. Men are prohibited from divorcing their wives during their menses, and sexual intercourse is prohibited during menstruation, for forty days after childbirth, during daylight hours in Ramadan, and during pilgrimage. This article aims to explore whether Muslim women still face menstrual stigma, including the stigma surrounding the exemption from fasting and praying during their periods. It also examines traditional restrictions placed on Muslim women and initiatives offered by Muslim countries to support working women in the corporate world. The questions are pondered for discussion; Do Muslim women still experience stigmas related to menstruation? Are they being stigmatised for not fasting and praying while women are on their periods? What are restrictions based on tradition are placed on Muslim women? What initiatives are being offered by Muslim countries to support working women in the corporate world? The research employs a qualitative method with a normative doctrinal approach, which focuses on positive legal principles outlined in statutory regulations and aims to conceptualize law as an Islamic principle in writing.5,168 views -
The Fourth World Approaches to International Law: A Cursory Glance
LL.M. Student at Department of Studies in Law, University of Mysore, IndiaPages 3297 - 3307The questions of Fourth Worlds are still not widely discussed in philosophical perspectives, even though a Third-World interpretation of international law is an established and thriving theme. The segmentation of the world community along economic, political, and ideological lines is referred to as the "Fourth World." It is an exegetical evolution of the "Three Worlds" theory. The study uses doctrinal research methods and literature from the "Third World" to spotlight the "Fourth World." under international law. This article aims to highlight the similarities and differences between third- and fourth-world people’s experiences and expectations under international law.1,154 views -
The Paradigm of Fair Trial in Adversarial System: A Legal Discourse
LL.M. Student at Department of Studies in Law, University of Mysore, IndiaPages 3308 - 3330The idea of the rule of law is fundamentally based on the idea of a fair trial, and the ideas of "due process" and "the rule of law" are essential to the defence of human rights. Therefore, the core of every legal system must be a mechanism for the assertion of legal rights and the correction of violations via the course of a fair trial in court, as the law is useless without effective remedies. In criminal proceedings, the fairness of the judicial system is especially important since it guards against violations of human rights. Since the death sentence is an irrevocable punishment, constitutional due process and basic justice demand that the judicial functions of trial and sentencing be carried out with fundamental fairness. This article provides a critical analysis of the right to a fair trial in the adversarial System and highlights the difficulties the Indian criminal justice system faces.866 views -
Silent Suffering: Shedding Light on Sexual Harassment among Men
Student at Christ University, Delhi NCR, IndiaPages 3331 - 3339Sexual harassment is often thought of as a problem that primarily affects women. However this research shows that men can also experience sexual harassment, and that they may be less likely to report it due to social stigmas and gender stereotypes. This paper aims to shed light on the phenomenon of sexual harassment among men, exploring the nature and scope of the problem, the experiences of male victims, and the barriers they face in seeking help and support. The paper sheds light on the fact that sexual harassment is not just a women's issue, and that men can also experience sexual harassment in different settings. The paper discusses the various forms of sexual harassment that men can face, such as unwanted touching, sexual comments or jokes, and even sexual assault. The paper also explores the reasons why men may be hesitant to report incidents of sexual harassment, including fear of retaliation, feelings of shame or embarrassment, and a perception that men should be able to "handle it." The paper concludes by calling for increased awareness and support for men who experience sexual harassment, and for a cultural shift that recognizes the seriousness of this issue and works towards creating safe and respectful environments for all individuals.1,030 views -
An Analysis of Globalization and Its Ramifications on Refugees Right to Work
Associate Professor at Christ (Deemed to be) University, Bangalore, IndiaPages 3340 - 3347This article analyzes the various ramifications of globalization on the right to work of refugees. In order to trace the right to work of refugees in their destination country or host country, this article will first delve deep into the Refugee Convention and various other international legal instruments that discuss the rights of international refugees. The article will further analyze the issue in question under three lenses, the first being whether refugees are provided with the right to work in their destination country; the second being if they have indeed been provided with the right to work, has it resulted in positive consequences and the third being if they have not been provided with the right to work, what are the hurdles that have caused the same. The article will then attempt to scrutinize the role of various international agencies in the issue of whether refugees have been awarded the right to work. After a systematic analysis of all the above-mentioned aspects, appropriate recommendations will be made with respect to the various measures that could potentially be taken in order to better facilitate the protection of the right to work of refugees of the globalized world.761 views -
The Power and Pitfalls of Media Trials: The Effect on Indian Judiciary
Student at Christ University, Delhi NCR, IndiaPages 3348 - 3354This paper discusses the impact of media trials on the judiciary in India. The media and the judiciary are two essential institutions that protect citizens from the power of the state. Media trials can influence public opinion and potentially affect judges' decision-making, violating an accused's right to a fair trial, especially for high-profile cases that are muddled with sensationalism. While media trials can produce positive results by promoting transparency and accountability, biased reporting and sensationalism can lead to a prejudiced environment. The paper also highlights important Indian judicial precedents and notable incidents related to media trials and the relationship between Media, Judiciary and public opinion. The main question that arises is whether the media is causing more harm than good to our society.1,143 views -
Ethical Aspect of Surrogacy Laws in India
Student at Symbiosis Law School, Hyderabad, IndiaPages 3355 - 3371This study aims to understand the concept of surrogacy and critically analyse the laws related to it. The rules are designed to prevent the exploitation of surrogates, but these laws are only sometimes effective in practice. Further, this study evaluates instances where surrogacy can negatively impact the parties concerned. This paper also aims to analyse the topic’s legal and ethical debates. Finally, the paper also seeks to scrutinise the commercialisation of surrogacy. The investigation in this work has been constrained to an analysis of the modifications made by the brought about its operation and its impact on its current and future conditions. Also other limitations are that there needs to be more data available and also the scarcity of time.859 views -
Animal Cruelty: A Social Dilemma
Student at Symbiosis Law School, Hyderabad, IndiaPages 3372 - 3379Animal Cruelty is a social and legal problem that has been prevalent in society for centuries. Animals have been subjected to inhumane treatment and abuse in various forms, including physical violence, neglect, and exploitation. Despite the widespread recognition of the issue, animal cruelty persists in different forms and contexts, leading to detrimental effects on the welfare of animals and human society. This research paper aims to comprehensively analyze animal cruelty as a social and legal problem. The paper will explore the different forms and contexts of animal cruelty, the societal and legal implications of the issue, and the measures that can be taken to prevent and combat animal cruelty. Strong evidence indicates that animal cruelty and violence commonly co-occur. Animal cruelty tends to occur excessively in the greater context of intimate partner violence, especially when it comes to home pets. One factor that could play a role in the connections between human violence and animal cruelty is a diminished ability for empathy. The current study focused on attitudes towards animals and sought to clarify empathy and its connection to violence.2,825 views -
The Dark Web Ecosystem and the Risks It Poses to Women in Light of Contemporary Cyber Security Regulations
Advocate in IndiaPages 3380 - 3390The twenty first century is driven by extreme technological spurt. The saying that “The future is at the moment,” often proves that all is conceivable, everything is reachable and everything is a click away, connotes a both positive and negative effect. But with great power comes great responsibility. The layers of the Internet go far beyond the content of the external access of our day-to-day browsing. As common netizens, we use and access barely five per cent of the entire internet, leaving the remaining a vulnerable ground of threats. Unimaginable crimes are committed daily on the Dark Web, ranging from leaking personal data to a market for human organs. The worst affected are women, they are trafficked like commodities; private pictures leaked on social media platforms, often blackmailed, as they are an easy target for activities emerging from the dark web. There have been several occurrences through the years that reported the abuse of this platform for steering criminal acts under the radar. However, the nature and extent of the Dark Web was only taken seriously after the infamous Silk Road case. In this paper, the authors attempt to examine the concepts and reality of Dark Web, the danger it possesses to women in general, further the issues related to the Security of Women on the platform, extending to an analysis digital law in existence and their relationship with the disturbing truths of the Dark Web.1,194 views -
Section 209 of I.P.C.: An Inherent Power of the Courts in Disciplining the Litigants and Preserving Justice
Student at Kingston Law College, West Bengal, IndiaPages 3391 - 3400This Research paper deals with the issue of tremendous increase in the institution of false and frivolous cases and claims and the scope of Section 209 of I.P.C in punishing and disciplining the litigants who institute false cases. The National Crime Records Bureau(NCRB) Report 2013, 2016 and 2018 portrays great concern for the nation and upon the public policy. The conviction rate therein represented are gradually very low and the major percentage of accused are acquitted by Courts on the context of false cases or mistake of fact. Section 209 was inculcated within the Indian Penal Code after a recommendation was made by the Law Commission of India who was preparing the said draft. They recommended in there Clause 196 that – there must be provision in the Indian Penal Code for punishing those who institute false cases and make false claims. Therefore, the said clause was transformed and thereby inculcated in the Indian Penal Code as Section 209. The Section 209 of I.P.C act as a hunter used by Courts in disciplining those litigants who intents to waste the time of the Hon’ble Courts and for an undue advantage causes injury to other persons. The main reason for criminalizing false claims and false defenses plead is that the plaintiff as well as the defendant can’t abuse the process of law and prevent the course of justice. Therefore, apart from the eleven fundamental duties enshrined in our Constitution of India, there is one more legal duty which is universally accepted in all countries,i.e, “The legal duty to never institute any frivolous litigation or claims before any Court of law or Adjudicating body” and if such legal duty is breached, the Hon’ble Courts by invoking Section 209 of I.P.C., punish such litigants and dig out the truth.2,796 views -
Juvenile Delinquency
Student at B.S. Anangpuria Institute of Law, Alampur, Faridabad, Haryana, IndiaPages 3401 - 3417Juvenile delinquency refers to the behaviour of minors who engage in criminal activities. This phenomenon is a significant concern in India, as the number of juvenile offenders has been steadily increasing over the years. The causes of juvenile delinquency in India are multifaceted and complex. Factors such as poverty, social inequality, lack of education, and family dysfunction are often cited as contributing to delinquent behaviour in young people. Additionally, exposure to violence and substance abuse, peer pressure, and mental health issues can also play a role in shaping delinquent behaviour. The Indian government has taken steps to address juvenile delinquency through the Juvenile Justice Act, which seeks to protect the rights of children in conflict with the law. The act focuses on rehabilitation and reintegration into society rather than punishment, recognizing the potential for positive change in young offenders.1,030 views -
Product Endorsement by Celebrities and Implementation of Endorsement Laws in India
Assistant Professor at N.A Global Law School, IndiaPages 3418 - 3426Celebrity endorsement is an advertising strategy having great power which is used to promote brands in the market space. Celebrity endorsement refers to a claim by a celebrity or someone of authority that a product is good thereby certifying such product as a must use. Before we form an opinion about whether the celebrity is liable or not it would be pertinent to identify the problem. The reason for the fault in the product can be either the hygiene issues in the manufacturing factory and the other would be that the product probably has not been tested enough and its side effects have occurred after prolonged use. It can be clearly said that in the first instance the celebrity can’t be held liable, but in the second case celebrity can be held liable. But again how far can a celebrity test a product? The celebrity endorsement can be a valuable boost to companies who want a push in brand awareness or gain higher returns. It is not just stars, actors, singers, cricketers and celebrities of all kinds and sports persons are roped into endorse food products, health supplements, personal care products, beverages and what not. Celebrities symbolize knowledge, belief, and aspiration in the eyes of consumers. Their mass appeal to attract target customers earns them huge endorsement amount and the consumers are too preoccupied to give much thought, so they go to the stores and purchase it blindly. They have a notion that if a product is good enough for the star, it is good enough for them.909 views -
Environmental Policy in India: A Book Review
Student at TERI School of Advanced Studies, IndiaPages 3427 - 3433The Routledge Studies in Environmental Policy series has been initiated in this regard. As part of the series based on evaluating diverse aspects of common environmental challenges and their peculiar solutions across jurisdictions like The European Union etc. This book titled Environmental Policy of India (hereinafter referred to as EPI) undertakes an evolutionary analysis of policymaking in India with a historical as well as an international perspective. The book is a result of a synthesis of Indo-European academic contributions. The twelve (12) chapters encompass several key aspects of Environmental law and policy in India (hereinafter referred to as ELPI), ranging from Centre-State to India-EU relations, forest to water policy making, climate change to smart cities initiative etc. In the first chapter, the editors of the book, namely Natalia Ciecierska-Holmes, Kirsten Jorgensen, Lana Laura Ollier and D. Raghunandan, give an outline of the structure of the book. They also put forth the aims and objectives to be achieved by this book, clearly identifying the gap in the literature for a critical analysis of EPI to further understand its evolution in response to historical national and international factors, the role played by its various stakeholders and its relevance in the international environmental discourse.16,090 views -
An Analysis of the Role of Company Law in Promoting Corporate Governance: A Comparative Study
Student at Netaji Subhas University, Jamshedpur, IndiaPages 3434 - 3447Corporate governance is essential for the smooth functioning of companies and their ability to create value for shareholders and other stakeholders. This article presents an analysis of the role of company law in promoting corporate governance through a comparative study of different legal frameworks. The article defines and explains the concept and importance of corporate governance, and highlights the relationship between corporate governance and company law. The effectiveness of company law in promoting corporate governance is evaluated, and the challenges faced by legal frameworks for corporate governance are analyzed. The study identifies gaps that exist in these frameworks, and possible solutions for addressing these gaps and challenges are discussed. The article concludes by examining the implications of the study for the theory and practice of corporate governance, and provides recommendations for improving legal frameworks for corporate governance. The study reveals that corporate governance is a complex and multi-faceted concept, and that legal frameworks play a crucial role in promoting good corporate governance practices. The comparative analysis of legal frameworks demonstrates that there is no one-size-fits-all approach to corporate governance, and that different countries have different legal frameworks tailored to their specific needs and challenges. Despite the existence of legal frameworks, challenges such as weak enforcement mechanisms, inadequate stakeholder engagement, and lack of transparency continue to hinder effective corporate governance. To address these challenges, the study recommends the need for better enforcement mechanisms, greater stakeholder engagement, and enhanced disclosure requirements. The study contributes to the literature on corporate governance by providing a comprehensive analysis of the role of company law in promoting corporate governance, and provides directions for future research.1,946 views -
Study on Ancient Criminal Justice System of Ancient, Medieval and British India
Advocate, pursing LL.M. from Amity University Rajasthan, IndiaPages 3448 - 3456This research paper consists of three parts which analyse torture and Inhuman punishments which were prevalent during the three important phases of history of India namely Ancient period, Medieval period and British period. In 1855, the Madras Torture Commission Report was the first government-backed study on police torture in modern India. It was revealed that torture and coercion were not new innovations brought about by British rule but have a long history and predate colonization. Considering the recommendations in the report, the confession under police custody was not admissible as evidence in accordance with Code of Criminal Procedure, 1898, and Indian Evidence Act, 1872. It has been since the last quarter of the twentieth century that this safeguard has been incorporated into these penal laws, In fact, it has failed to provide a complete solution, and custodial violence or torture has remained an integral part of police operations. British officials were concerned with the mutilation and other inhumane punishments being practiced in India in the name of enlightenment and civilization. In this paper, we argue that British colonial torture in India was different from that in other parts of the world. As a result, it took place outside the public eye, in the context of police operations, prison discipline, life sentences, and arbitrary executions. For writing this present research paper, descriptive and analytical methods with doctrinal mode have been adopted. This research paper has taken into account Indian books, laws, reports, journals.1,249 views -
Trademarks and Religious Feelings: An Issue that Needs to be Raised
Student at Mody University, IndiaPages 3457 - 3460This article is about how Trade Marks and religious feelings are interrelated; nowadays, a layman sees many religious gods' names used as the name of companies, if not very big companies, then small ones. However, we see these things happening. We see a typical shop with the name of religious gods, like Bansiwala Sweets, a well-known sweet house. Nobody objects to it, but if we hear about a company named Ganesh Beedi, some people's religious feelings are hurt. It hurts sometimes, but we as laymen do not know what to do against it; we are unaware of our laws and rights; therefore, through this article, one will get to know what they can do. One will also get to know if anybody has raised his voice related to it, and one will also get to know whether one can go to court related to it and on what merits the court will give its decision. One will also learn about the court's previous decisions related to this matter. This article will give an insight into this matter.697 views