Issue Archive · Open Access
Volume VI – Issue V / 2023
Articles · 200
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Critical Analysis on Theoretical Presuppositions on Terrorism and Failures of Counter Terrorism Techniques
Student at Alliance University, IndiaPages 01 - 12Terrorism is an overall danger that makes an alarming sense of feeling even subsequent to hearing its name. There are bunches of suspicions and theories read to terrorism and counter-terrorism methods. Presumption either drives us to a strategy for checking out terrorism for great or, at times it makes a misguided judgment in the brain, which makes it harder to track down reasonable counter-terrorism procedures to battle terrorism. To comprehend the authenticity of this supposition, this paper will focus on two essential contextual investigations of the 9/11 attack and the Pulwama attack. Aside from that, this paper is furthermore going to discover the explanations for the non-adequacy of counter-terrorism techniques.801 views -
Critical Analysis of the Definition provided under Section 2(1)(h) of the Trademarks Act, 1999
Student at SASTRA University, IndiaPages 13 - 18Section 2(1)(h) of the Trademarks Act defines similarity/resemblance as the degree to which two trademarks resemble each other in terms of their appearance, sound, connotion, or commercial impression. This definition provides a comprehensive understanding of the nature of similarity that needs to be considered when evaluating trademarks for potential infringement. However, the determination of similarity is subjective and can depend upon various factors such as the nature of the goods/services, the degree of consumer confusion, and market perception. Thus, the definition provided under Section 2(1)(h) may not be adequate enough to fully capture the nuances and complexities involved in evaluating trademark similarity. In this article it is discussed whether this definition provided under section 2(1)(h) of the Trademarks Act, 1999 is adequate to understand the nature of similarity or resemblance that needs to be considered is an important one, as it has significant implications for trademark registration and infringement purposes. It is important to understand the nature of similarity or resemblance that needs to be considered when assessing the registrability of a mark.1,362 views -
Platform Workers vis-à-vis Legal Protection, in the Light of Recent Reforms in Labour Laws
Associate Professor at G H Raisoni University, IndiaPages 19 - 26Platform work is an emerging domain in the Indian employment landscape. The rise of a plethora of online platforms to solve common day issues of the proletariat in urban as well as rural hinterlands, and increased access to smart mobile phones/internet connections is propelling the growth even further. While this is a welcome sign considering the lackadaisical growth of manufacturing sector jobs in India, however, it brings with it many more challenges. The lack of ownership on behalf of the online platforms towards the welfare of its workers is the prime concern. Furthermore, through the lenses of the recent reforms in labour laws614 views -
India’s Institutionalised ADR Challenges
Student at School of Law, NMIMS, IndiaPages 27 - 37The Indian Parliament recognised in 1996 the need for alternative dispute resolution (ADR) mechanisms in civil and commercial disputes to reduce the workload of the courts. These mechanisms include arbitration, mediation, and conciliation. To facilitate the fast resolution of economic disputes through private Arbitration, Parliament passed the "Arbitration and Conciliation Act, 1996." Rapid problem solving is seen as crucial to the efficient operation of any business or sector. Although "Alternative Dispute Resolution" (ADR) is the name under which it was originally introduced, it has since been rebranded in several sectors as "Appropriate Dispute Resolution" (ADR) in recognition of the process and results it consistently delivers. Judicial dispute resolution (JDR) is another term for litigation. Since alternative dispute resolution (ADR) is not limited by national borders, it is increasingly being viewed as a truly global system. In India, the courts use the Indian Arbitration and Conciliation Act of 1996 while deciding on alternative dispute resolution. In 1996, India passed the Arbitration and Conciliation Act based on the work of the United Nations Commission on International Trade Law (UNCITRAL), but the concept of alternative dispute resolution has been part of Indian law since at least 1840. It was not until January 25, 1996 that the Arbitration and Conciliation Act, 1996 went into effect. Prior to that date, disputes were resolved under the Civil Procedure Code, the Indian Contract Act, the Specific Relief Act, and the Indian Arbitration Act, 1899, which was subsequently repealed by the Indian Arbitration Act, 1940.1,551 views -
Absolute Freedom: A Curse in Disguise of a Boon
Student at Vivekenanda Institute of Professional Studies, IP University Delhi, IndiaPages 38 - 43‘A well-regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.’ This is the notorious second amendment of The United States of America. Right to bear a firearm is a subset to right to life because to protect your life from a specific danger, sufferer must be equipped with the right weapon to protect themselves. But the challenge is whether a prudent citizen is intelligent enough to exercise his or her right. A flawless civilization is generally seen as a society with no restrictions, a society with absolute freedom, a society where everyone, despite their differences, is treated equally but, is this visionary society a perfect fit in the current era? This paper believes in restricting freedom of individuals for the benefit of the public. The paper does not promote dictatorship or inequality but rather protects the society from misusing their own rights to harm themselves and their fellow citizens. The aim is to analyze the deleterious effect which originates from absolute freedom.821 views -
Domestic Violence from a Human Rights Perspective: A Critic
Associate Professor at Bharath Institute of Law, Bharath Institute of Higher Education, Chennai, Tamil Nadu, IndiaPages 44 - 56Violence against women takes many forms in domestic situations, such as female foeticide, female infanticide, child abuse, incest, child marriage, wife battering, bride burning, and dowry death, sati, neglect, verbal abuse, cruelty, humiliation, and torture. In workplaces and on the streets, women become victims of eve-teasing, sexual harassment, molestation, immoral trafficking, rape, and murder. Such violence against women replicates the pathetic reality that women are not safe and secure anywhere. 0f all the types of violence against women domestic violence are the most serious offense. In this article, an attempt is made to examine the various causes of domestic violence and Manifestations of Domestic violence and human rights violations, which are major salient features of CEDAW, and the problems for the implementation of the law, in the respective countries. Human rights have been provided in conventions, constitutions, and international covenants including the universal declaration of human rights. The primary cause of violence against women is their inferior status in a male-dominated society educationally and economically. Politically and socially, there are other factors responsible too. The increasing criminalization of society, media images of violence, inadequate means to address the cause and consequences of violence, poor enforcement of legal provisions unabashed consumerism, and erosion of traditional values have all added to it finally, I have given some suggestions to come out of this situation and for the protection of the human rights of women.795 views -
Analysis of Advertising Regulations for Consumer Protection in India
Advocate at District and Sessions Court, Ambajogai, IndiaPages 57 - 102This research paper delves into the intricate landscape of advertising regulations in India and their profound impact on consumer protection. The study explores the hypothesis that stringent enforcement of advertising regulations in India, when aligned with international standards, significantly enhances consumer protection. It posits that this enhancement manifests in the form of reduced misleading advertising practices, heightened consumer trust, and an increased likelihood of consumers making well-informed purchasing decisions. This, in turn, fosters a healthier advertising environment and augments consumer welfare. Through a comprehensive examination of the historical development of advertising regulations in India, the evolution of consumer protection laws, and the roles of regulatory bodies, this study offers a holistic view of the advertising regulatory framework. It scrutinizes various facets of advertising, including comparative advertising, celebrity endorsements, and the impact of digital advertising, to uncover regulatory challenges and opportunities. The research underscores the pivotal role of judicial decisions and their influence on shaping advertising regulations. It also conducts a comparative analysis with international models, drawing lessons from global experiences. By scrutinizing high-profile case studies and the impact of digital advertising, the study elucidates the real-world implications of advertising regulations. Ultimately, the findings affirm the hypothesis, demonstrating that strict enforcement of advertising regulations in India is effective in reducing misleading advertising practices, bolstering consumer trust, and promoting informed consumer choices. The research calls for the continued alignment of Indian regulations with international standards to foster a robust advertising ecosystem that benefits both consumers and advertisers. This research serves as a valuable resource for policymakers, advertisers, and scholars, offering insights into the critical interplay between advertising regulations and consumer protection in the dynamic and diverse market of India.1,202 views -
Police Brutality is a Significant Issue in India?
Student at Bhimrao Ambedkar University Lucknow, IndiaPages 103 - 109The police are a security agency whose role is, in principle, to ensure that the law is enforced. The police are the main law enforcement agency of society. It is empowered to maintain public order, enforce the law and prevent, detect and prosecute crime. Their job is to ensure the safety of the people and maintain the dignity of the country. The police are the first point of contact in the event of illegal activity. The police have a duty to protect the rights of every citizen. But today, the powers of law enforcement, prevention and detention are abused by state servants. The abuse of power and police brutality they preach is one of the country's most disturbing challenges. In recent years, India has seen constant instances of police involvement in various forms of corruption and misconduct. Now we must not confuse the concepts of corruption and misconduct. Corruption is defined as actions taken by the police out of greed. However, misconduct is defined as excessive use of force by police, which is fatal. These misconducts often include the brutal beating or even killing of innocent people without a warrant or court order from superior police authorities. These crimes are known as police brutality.999 views -
The Grievance with the Voting Procedure for Election in India: A Suggestive Approach
Student at Alliance University, IndiaPages 110 - 121India is a largest democracy and also at the same times the most populated country upon the recent census so the democracy is not something is very much readily available so the only way to protect the democracy is through the conduct of the elections and the conduct shall not be driven by any other external influences. So, in this paper the researcher is ideally dealing with the procedure of such voting shall commence. Basically the procedure of such election has actually seen a great transition right from the concepts of the ballot paper to the Electronic Voting Machines and in order to understand whether there is justice the researcher would refer to various definitions given by the jurists. The researcher would like to deal with the both the systems and then analyze which of the two systems is lacking the interest of democracy and is working against the principles and practices laid down by the Constitution. So, the researcher would like to understand the issues associated with both the systems and then propose a suggestion in the interest of the democracy.868 views -
Unveiling the Socio-Legal Aspects of Section 304-B of IPC
Student in IndiaPages 122 - 128Marriage is necessarily the basis of social organisation and foundation of important legal rights and obligations. Originally the guardian of a girl before or during the marriage gives dowry in the form of properties, cash , gems or any other form of wealth to help the couple in establishing a new household. With the passage of time and British rule in India the status and position of a woman degraded the status and position of women as the laws imposed by them prohibits the women from owning any property at all and this leads to the peril of the dowry system in India. This ritual gets deep rooted in the society in the form of social evil. Protecting women from these kinds of evils had always been the concern of reformers and the state. Even in the 21st century divorced women are considered a stigma on family and society. They are often forced by their family members to continue in the toxic relationship due to social pressure or to protect their prestige in society. In the analysis of a number of cases it has been found that parents send back their daughter to her matrimonial home even after knowing that she was tortured, humiliated and coerced for dowry and do not make any attempt to file a complaint against the offender. This behaviour strengthens these social evils. From a sociological point of view in case of arranged marriage, parents select the mates for their son or daughter to showcase their status symbol even if the person is imperfect on psychological or biological grounds this often leads to the misuse of provision in acting as a safeguard for women. Statistics of dowry death shows that this is the high time to control dowry related crimes and ensure dignified life for women.851 views -
Rule of Law
Student at Jagran Lakecity University, Bhopal, Madhya Pradesh, IndiaPages 129 - 135The term "Rule of Law" is frequently used by the Indian judiciary in its judgements, despite the fact that it is not explicitly defined in the Indian Constitution. According to the Supreme Court, one of the fundamental elements of the Constitution is the rule of law, which cannot be altered even by constitutional amendment. A crucial element of effective government is the rule of law. People must be governed by accepted laws rather than unstable rulings, according to the rule of law. It is imperative to keep in mind that the rules established should be inclusive and abstract, well-known and sure, and apply equally to everyone. Constitutionalism's judicial restraints on the executive branch characterise it. According to the notion of constitutionalism, governmental authority is divided into laws that are enacted by one body and carried out by another, and there is an independent court to ensure that the laws are upheld. The term "rule of law" is said to have been created by Sir Edward Coke, the Chief Justice during James I's reign. There is a long history behind the idea of the rule of law. Greek philosophers like Plato and Aristotle disputed the idea of the rule of law in the year 350 BC. The term "Rule of Law" comes from the French phrase "la principe de legalite," which translates to "the principle of legality." This phrase adheres to a system of government based on laws rather than customs. One of the key tenets of the Constitution is the rule of law, which is upheld in both India and the US. The idea of the rule of law serves as the cornerstone of administrative law. Aristotle's discussion of the rule of law is built on the ideas of justice, fairness, and inclusion. Today's definition of the rule of law encompasses a complex web of fundamental principles, such as judicial independence, uniformity, transparency, and accountability in administrative law, as well as equality before the law and equal treatment for governments. The rule of law notion, its tenets, and its significance in the Indian Constitution are frequently highlighted in the paper.1,315 views -
Data Privacy and Cybersecurity Laws: Safeguarding Digital Information in this Digital Age
Advocate in IndiaPages 136 - 140In today’s world, the escalating pace of digitalization is playing a pivotal role in shaping various facets of society, economy, and culture. From communication to commerce, education to entertainment, digitalization has profoundly influenced how individuals navigate and interact with the world around them. As it comes down with lots of advantages it also involves some disadvantages and risks too. In today's interconnected world, the rapid expansion of digital information has led to increased concerns about data privacy and cybersecurity. This article aims to provide a comprehensive analysis of the rapidly evolving landscape of data privacy and cybersecurity laws. This article envisages about the challenges faced by governments, businesses, and individuals in ensuring the protection of personal data and maintaining cybersecurity997 views -
The Human Rights of Children
Assistant Professor at Maharishi Law School, Maharishi University of Information Technology, Noida, IndiaPages 141 - 148The Universal Declaration of Human Rights of 1948 plays a very role for shaping the world. It is written document which describe the rights of the Human. Prior to this declaration the world has so many act, Declaration, Convention and Treaties but they were in the state of opaque as they did not define the rights of Human in a better way. All living person have the Human Right. Due to the changing scenario of the society it has to be seen that the children are suffering from lots of abuses. And in the present scenario even they are used as new weapon for committing the offences. The Children are the most precious part of the society and due to this they are the subject of great care and attention. In the legal Context Child means the person below the age of 18 years or who are unable to maintain itself. The term "Child" has been employed in a number of legal frameworks to signify relationship, capacity, and to provide additional safeguards. So it is the responsibility of the Individual and society to take care of them as they are the future of any nation. Therefore, it is the responsibility of adults to think about, develop, and advocate for the rights of children who require care and protection. This article focuses on ways to better effectively implement children's rights as they are stated in numerous legal instruments.792 views -
The Impact of Counter-Terrorism on International Human Rights
Student at KIIT School of Law, Bhubaneswar, IndiaPages 148 - 158Terrorism has an extremely real and direct repercussion on human rights, with catastrophic penalties for the people concerning enjoying their right to life, liberty, and physical integrity. Such activities can subvert governments, destabilize civil society, endanger harmony and security, and jeopardize the development of the society as well as the economy, in addition to these distinct prices that a nation and its government have to pay. All of these things combined substantially affect citizens’ ability to exercise their fundamental human rights. States must defend the human rights of their citizens and others by adopting proactive actions to safeguard them from the threat of terrorist attacks and bring those culpable to justice. These actions that seek to effectively combat terrorism are known as counter-terrorism methods. This research paper focuses on how these methods also end up violating human rights at a certain point. The secondary source of data or doctrinal research has been used for the formulation of this research paper. That being said, various published papers and articles have been referred to, acknowledged duly, that have collectively resulted in the successful completion of this research paper on “The Impact of Counter-Terrorism on International Human Rights”. In the course of the formulation of this paper, the research gap that has come to light is the recurring question that if both terrorism and actions against it curtail human rights, then what must be done to put an end to such heinous violence? Human rights and the rule of law must be the foundations of the struggle of all countries at large, against terrorism. This necessitates the formulation of national counter-terrorism plans aimed at preventing terrorist activities, prosecuting those responsible, and promoting and protecting human rights and the laws of the land. It entails actions to remedy the environment that is receptive to the propagation of terror attacks, such as a relative paucity of legal and human rights abuses, ethnocultural, federal, and religious marginalization, political repression, and socioeconomic exclusion; to encourage the direct engagement and governance of public life; to denounce violations of human rights, expressly forbid them in national legislation, evaluate and convict them swiftly, and help stop them; as well as to pay critical attention to terrorist activity.1,025 views -
Revolutionizing Taxation: Understanding the Fundamentals of GST in Contemporary India
Student at Chandigarh University, IndiaPages 159 - 169The Goods and Services Tax, or GST, took effect on July 1, 2017. The new tax system was designed to replace all current indirect taxes with a single, comprehensive tax. The Products and Services Tax (GST) is a consumption tax imposed on goods and services depending on their final destination (Bhushan Satya). Simply said, GST is a single tax that applies to delivering goods and services from the producer to the end user. In a nutshell, it's a tax imposed solely on value addition, with input tax credits transferred to successive stages of value addition, implying that the ultimate tax burden would fall on the end user of products or services. The anticipated advantages of implementing the GST are that it would decrease the cascading impact of taxes, i.e., it will eliminate tax on tax. It was also anticipated to stimulate demand for products and the elimination of a number of indirect taxes such as VAT, CST, Service tax, CAD, SAD, and Excise, among others, which would help to improve the Indian economy in the long term. This paper tries to highlight the costs and benefits borne by the economy due to the implementation of the GST. The paper also tries to find out the expected rate of growth of the economy after the GST. Finally, the study tries to conclude how it would be disrupted and benefit the economy in the long run.869 views -
Social Consequences of Drug Abuse and Illicit Trafficking
Student at Amity University, IndiaPages 170 - 177The 1961 Convention, which was expanded and strengthened by the 1972 protocol, is considered a major achievement in international drug control because it consolidated all previous conventions and streamlined the international drug control machinery. The 1961 Convention establishes strict control on the cultivation of opium poppy, coca, bush, cannabis plant and their products which in the convention are described as “narcotic drugs.’’ Control is exercised over 141 narcotics drugs mainly natural products, such as opium and its derivatives, morphine, codeine, and heroin, but also synthetic drugs, such as methadone and pethidine, as well as cannabis and coca leaf. Parties to the 1961 Convention undertake to limit the production, manufacture, export, import, distribution, and stocks of trade in and use and possession of the controlled drugs so that they are used exclusively for medical and scientific purposes. The production and distribution-controlled substances must be licensed and supervised, and Governments must provide estimates and statistical returns to INCB on the forms supplied for that purpose on the quantities of drugs required, manufactured, and utilized and the quantities seized by police and customs officers. The control system established under the 1961 convention functions well, and the system of estimates first introduced by the 1931 convention is the key to that success. The system of estimates covers all states, regardless of whether they are parties to the 1961 convention. Each year, INCB publishes in a publication for the movement of the internationally controlled narcotic drugs.911 views -
Cyber Crime against Children: Laws and Safety Measures
Assistant Professor at S.S. Maniyar Law College, Jalgaon, IndiaPages 178 - 181Now a day most recent and challenging issue in digital world is the cyber crime. Children are most vulnerable for cyber crime. Many times cyber criminals are abuses children by using the internet which is also a type of cybercrime. Cyber criminals frequently gain access to damage and manipulate computer systems, networks, software and related devices. They created bogus accounts on Face book, Twitter and other social networking sites. To target the children, criminals involved in illegal activities like online grooming, Child exploitation, production, distribution and possession of child pornography etc.844 views -
Administrative Adjudication through the Lens of Constitutional Law in India: The Genus-Species Relationship
Assistant Professor at Jagdamba Law Degree College affiliated to B R Ambedkar University, Agra, IndiaPages 182 - 201The 20th century witnessed a rapid growth in the affairs of the Government. The Government has modified its structure from a responsible body protecting its citizens and maintaining external interference and internal disturbance towards a more accountable entity preserving the nation at multiple fronts. This led to the development of Administrative Bodies to fulfil the larger expectations of the citizens. Consequently, it has catalysed the growth of Administrative Law and its scope. The Indian Constitution has played a key role in the development of Administrative Law. It states that Fairness, Justice, Equality, Freedom and Unity are the key principles upon which the Administrative Law is based. However, the principles would not hold much importance unless the Government actively participates in taking steps through administrative bodies. Administrative law places a limit on the authorities from using their powers in an abusive manner. It is focussed on the development of ethics and doctrines to ensure that the Administrative or public authorities work in a legal, reasonable and efficient manner. In India, the Administrative Adjudication is substantially and significantly influenced by Constitutional Law. The Indian Constitution itself provides for control of Administrative Authorities under Article 32, 136, 226, 277, 300 and 311. Moreover, there are a number of Administrative Agencies like Election Commission and Public Service Commission in the Constitution that exercise regulatory and supervisory authority over a variety of activities and endeavours in India. The Indian Constitution places fetters on the Administrative Actions of the Authorities through the provisions of Judicial Review and Fundamental Rights. It also ensures that the Constitutional Principles like equity, accountability and reasonableness are applied by the Administrative Bodies while discharging their functions. A number of Tribunals have been established to provide a forum where the aggrieved parties can raise their grievances if their Constitutional Rights are violated through Administrative Actions. The paper analyses the process of Administrative Adjudication in India through the lens of Constitutional Law. The interplay between Administrative Law and Constitutional Law has been discussed elaborately. Furthermore, the application of principles of the Indian Constitution to Administrative decisions by Indian Courts has been analysed. It also discusses the landmark judgments given by the Courts and Tribunals which have contributed towards the growth of Administrative Law in India. The author also provides suggestions to facilitate the growth and development of Administrative Law in India.1,384 views -
Role of Social Media Marketing in Influencing Consumer
Assistant Professor at S.D Mahila Mahavidyalaya, Narwana, IndiaPages 202 - 219This paper explores the significant role of social media marketing in influencing consumer behavior and its implications for business growth and success. Through an overview of social media marketing's importance in today's digital landscape, the study delves into how social media platforms offer vast audiences, enabling businesses to reach and engage with potential consumers globally. The research emphasizes how social media marketing aids businesses in building brand awareness and reinforcing brand images. Engaging content strategies, such as interactive and user-generated content, storytelling, and influencer endorsements, capture consumers' attention, evoke emotions, and foster brand loyalty. Further analysis highlights the critical role of user-generated content (UGC) in building trust and credibility among consumers. Social proof and recommendations, such as reviews, testimonials, and influencers' endorsements, significantly impact consumer perceptions, validating purchase decisions, and instilling confidence in the brand. Moreover, the study explores the power of targeted advertising on social media platforms, allowing businesses to deliver personalized messages to specific demographics and interests. Real-time feedback and customer service mechanisms on social media enable businesses to promptly respond to consumer inquiries, address concerns, and make timely improvements to their offerings. By measuring the impact and ROI of social media marketing through data analysis, businesses gain valuable insights into their performance, consumer behavior, and preferences. This data-driven approach aids in making informed decisions, adapting to trends, and fostering long-term planning for sustainable success. In conclusion, this comprehensive analysis highlights that social media marketing plays a pivotal role in shaping consumer behavior, driving brand loyalty, and ultimately leading to business growth and success. Businesses that embrace social media as a central pillar of their marketing strategies can effectively influence consumer preferences, enhance brand perception, and cultivate lasting relationships with their target audience.1,261 views -
John Rawls’ Theory of Justice vs. Amartya Sen’s Idea of Justice: A Comparative Analysis
Advocate at District & Sessions Court, Dhaka, BangladeshPages 220 - 231Justice is defined as the condition of being morally correct or fair. The state establishes court administration to ensure justice. what is justice? There are two theories to answer the question. One is John Rawls’ ‘A Theory Of Justice’. He published the book in 1971. It is widely known as Political Justice. Another one is Amartya Sen’s ‘The Idea Of Justice’ published in 2009. In his article, the author mostly criticized John Rawls’s theory of justice and denoted another justice system known as economic and social justice. The author denoted both the theories and criticized them. This article is mostly a comparison between the two theories for the reason that it can easily be understood which one is more acceptable and sustainable in the present context.1,124 views -
Principles of Judicial Review in a Social Welfare Country
Advocate at Punjab and Hayana High Court, Chandigarh, IndiaPages 232 - 240The law has a significant role in contemporary society. People gave up their rights and entered into a contract with the government in exchange for protection against wrongdoing. This is known as Hobbes's Social Contract Theory. In this phase of Rule of Law, law without justice can become arbitrary and be abused. In order to maintain a check and balance on the authority of each branch of government, we have implemented Judicial Review. Judicial review is the procedure through which the court considers unconstitutional any statute that violates the constitution. We have accepted this provision from the United States Constitution. However, it took several years to amend this aspect of our constitution. In this sense, the judiciary has played an essential role. Judicial Review is applicable to Constitutional Amendments, Legislative Actions, and Legislative Laws. In this research paper, Indian case law will be used to examine the origins, development, characteristics, and kinds of judicial review. There are three branches of government in India: The Legislature, the Executive, and the Judiciary. The Legislature is responsible for enacting laws, the Executive for their execution/implementation, and the Judiciary for ensuring that the laws enacted and executed do not violate the Indian Constitution. Separation of Power is a component of our constitution that ensures these organs operate within their prescribed boundaries. Article 50 of the Indian Constitution addresses the separation of powers. As a defender of the founding fathers' constitutional ideals, the Judiciary performs a crucial role. They attempt to reverse the damage caused by the legislative and the administration, as well as providing every citizen with the protections guaranteed by the Constitution's Directive Principles of State Policy. All of this is feasible because of the authority of judicial review. All of this was not accomplished in a single day; it took fifty years to get to where we are now. If anyone believes that it has been a smooth ride without any obstacles, they are mistaken; the judiciary has had to contend with numerous politicians, technocrats, academicians, attorneys, etc. One of the few significant problems is corruption and the power of criminal contempt. In this paper, I will examine the ups and downs of India's most prestigious institution. The judiciary is primarily responsible for implementing the rule of law, which is the foundation of democracy. This is now a fundamental aspect of every constitution that cannot be changed by the exercise of additional parliamentary powers. It is the purpose of judicial review to guarantee that democracy is inclusive and that those who possess or exercise public authority are held accountable . As Edmund Burke stated, "all individuals in positions of authority should be forcefully and legally impressed with the notion that "they operate in trust" and must answer for their actions to a single master, the people who hold political sovereignty."747 views -
Nullification of NJAC: Upholding the Independence of Judiciary or an Attempt to Insulate the Collegium from Democratic Accountability
Student at VIT School of Law, IndiaPages 241 - 247Democracy has a wider meaning rather be merely comprehended in relation to periodic elections. The nexus between Democracy, Federalism, and Secularism are apparent, which forms the Basic Structure of the Indian Constitution as held in the case of S.R Bommai v. Union of India, regardless of being nowhere mentioned in the Constitution. Federalism is the cornerstone principle upon which the Constitution is built, it backs democracy and avert despotism. Democracy and Federalism are complementary in nature, in the renowned democratic country of India; the intervention of one governmental organ in the working sphere of another is proscribed. The nullification of the National Judicial Appointments Commission (NJAC) Act, 2014, and the 99th Amendment of the Indian Constitution is based on the majority rule that the NJAC Act weakens the power of courts i.e. judicial review vested with the judiciary, which forms the Basic Structure of the Indian Constitution, therefore, null and void. Nevertheless, the wording of Justice Jasti Chelameswar depicts his strong averse to the Collegium System gains its prominence and can never be overlooked as it was in line with the reports of various commissions including the Law Commission of India Report (2008), the collective opinion was that ‘the judges cannot be their own appointees.’ This paper addresses the reasons as to why nullification of the NJAC Act is perceived to be the verge of judicial despotism in India, as the Collegium system itself finds no mention in the Constitution and is brought forth by the judiciary through precedents and protected by the same, which is contrary to the principle of checks and balances. This paper is an attempts to scrutinize whether the Collegium system is absolutely opaque, which challenges one of the vital factors of Constitutional Governance i.e. transparency. With the help of existing secondary sources, this paper attempts to impart the nature, object, and conceptualization of the NJAC Act, its potential outcome, shortcomings, and legal validity by analyzing the NJAC dissent in detail.1,031 views -
Exploring Dark Corners: A Deeper Look into Child Pornography in India through Analytical and Comparative Insights
Student at Jamia Millia Islamia, IndiaPages 248 - 265This paper delves into the critical issue of child pornography in India, shedding light on its multifaceted challenges and the complexities it presents. In recent times, the proliferation of technology and the internet has exacerbated the dissemination of explicit content involving minors, raising concerns about the safety and well-being of children. The paper comprehensively examines the legal framework surrounding child pornography in India, focusing on its definition, classification, and the efforts taken to combat it. Through an in-depth analysis, the study uncovers the intricate web of challenges that authorities and society face in tackling this crime. It highlights the jurisdictional complexities that hinder efficient regulation and enforcement, while also addressing the societal stigma and systemic inadequacies that contribute to the perpetuation of child pornography. Moreover, the paper scrutinizes the psychological and emotional impact on the victims, emphasizing the urgent need for specialized care and protection for those ensnared in this disturbing trade. This paper is a call to action, advocating for a comprehensive approach to combat child pornography. It underscores the necessity for a robust legal framework, enhanced international cooperation, and heightened awareness campaigns to educate both the public and law enforcement agencies. The paper ultimately aims to provide insights that guide policymakers, legal practitioners, and social workers in formulating strategies that effectively dismantle this reprehensible practice and safeguard the well-being of India's vulnerable children.1,081 views -
Lease mentioned under Transfer of Property Act 1882: Concept & Challenges
Student at Himachal Pradesh National Law University, Shimla, IndiaPages 266 - 274For money, commodities, services, or other recompense, immovable property can be leased out so that the lessee can use it for a certain length of time. Analyzing a lease in light of the Transfer of Property Act, 1882 entails looking at the fine print to ascertain who is responsible for what, if there are any restrictions on the use of the property, how long the lease is for, and so on. The Act specifies the rights and responsibilities of the lessor and lessee, as well as the lease's tenure, termination, and the penalty for breach. The original intent behind the formation of the Transfer of Property Act in 1882 was to provide uniform guidelines for the conveyance of property. It lays out the rules for transferring property and all the factors involved in a clear and concise manner. The unified and systematic regulation for the transfer of immovable property between persons that the Transfer of Property Act of India provides has been tremendously helpful to Indian citizens. This study analyses the lease in light of the TPA and explains its main provisions. The paper also details the opportunities and challenges of enforcing the specified law.1,104 views -
Technology-Facilitated Sexual Violence (TFSV): Analysis of Remedial Provisions under Criminal Laws in India
Ph.D. Research Scholar at University Department of Law, Patna University, Patna, Bihar, IndiaPages 277 - 300Cyber crimes related to sexual abuse is a global issue which is spreading very fast with the advancement of communication technology. These offences do not have any particular jurisdiction to control in an area as these crimes are committed in a virtual space called cyber space. These crimes consist of production, creation, storage or transmitting of obscene material or sexually explicit or intimate images or pornographic videos with the uses of any digital or electronic media. Hence these crimes are also termed as technology facilitated sexual violence. Cyberstalking, cyberbullying, voyeurism, revenge porn, child pornography etc. are few examples of online sexual harassment. Laws are enacted to criminalize cyber sexual crimes under various acts but growth rate of cyber sexual crimes are increasing day by day. This study aims to review existing laws on cyber sexual crimes in India and to analyses its effectiveness to control these crimes. For the purpose of this study various literatures including research articles, reports, legislative provisions and news article has been deeply reviewed to find the research gap and possible solution to the problem. Disposal rate of these crimes by police and court has been studied to correlate with the growth rate of cyber sexual crimes. Results of the study shows a strong association of the conviction rate and chargesheet rate with the growth rate of online sexual crimes in India.894 views -
Constitutional Dimensions of Intellectual Property Rights: Balancing Innovation, Public Interest, and Constitutional Values
Pursued LLM from University Department of Law, Patna University, Patna, IndiaPages 301 - 309This research study investigates the perplexing interchange between Intellectual Property (IP) laws and Constitutional Law, featuring the difficulties and potential open doors that emerge at the nexus of innovation, public interest, and constitutional values. Analyzing the essential rules that support the two domains, this study digs into how overall sets of laws blend the insurance of imaginative works and innovations with the defending of fundamental rights, public government assistance, and social variety. Through an extensive examination of case law, regulative frameworks, and academic talk, the research expects to unwind the unique connection between IP rights and constitutional standards, offering experiences into the developing legitimate scene with regards to technological advancements and worldwide interconnectedness.793 views -
Internal Aids to Construct a Statue
Student at Thakur Ramnarayan College of Law, Mumbai, IndiaPages 310 - 321This article examines the internal aids of interpretation used in the analysis of statutes. Internal aids include internal elements of a law, such as its title, preamble, headings, punctuation, and definitions. Through a comprehensive examination of legal precedents, theoretical frameworks, and practical examples, this study examines how courts use these internal aids to decipher legislative intent and clarify ambiguities within statutes. By shedding light on the complex interplay between statutory language and contextual cues, this research contributes to a deeper understanding of the interpretive process and its impact on legal outcomes. This research paper delves into the critical area of statutory interpretation by focusing on the internal aids available to lawyers and courts. Statutory interpretation forms the basis of legal analysis, determining the intended scope and applicability of laws. Among the various instruments used in this process, internal aids stand out as internal elements enshrined in the text of the statutes. This study aims to provide a comprehensive survey of how these devices, including titles, preambles, headings, punctuation, and definitions, assist in revealing legislative intent and resolving ambiguity. Drawing on a wide range of legal precedents, theoretical frameworks and practical case studies, this research illuminates the multifaceted nature of internal remedies. Through an analysis of how courts navigated complex textual nuances, the paper sheds light on the delicate balance between literal interpretation and contextual analysis. It further examines the hierarchy of these supports and their varying degrees of influence in different jurisdictions.949 views -
Freedom of Press and Trial by Media
Student at Centre for Legal Studies, Gitarattan International Business School, Rohini, Delhi, IndiaPages 322 - 331The growth of the technological advancement has significantly increased the reach of media to every part of India. With this the need of free speech has become relevant and requirement of time so that every citizen can keep his or her opinion or idea without any fear. It also became important for the press or media to display opinions, ideas, and philosophies without any terror of censorship. Therefore, they were guaranteed freedom of speech and expression by the Constitution of India as the fundamental right. Due to this right, media which is considered to be the fourth pillar in Indian democracy, has efficiently worked as the watchdog and has vigilantly looked upon the working of legislature and executive and in time to time has revealed the loopholes in the system and wrongdoings of the government. It has become a channel of communication between normal citizen and the government. The problems of a common man are put forward to the government by media, but due to no proper channel for regulation of news, the media has many a times violated this right. It has also intervened in the working of the judiciary by starting the parallel trial of cases time to time which has been famously phrased as ‘Media Trial’. Many a time’s media’s coverage on any case has deeply impacted the real trial which is undergoing in the court of law by creating a biased environment towards one party, which in result impacts the psychological state of the judges who are undertaking the trial. Therefore this article focuses on freedom of speech and expression and analysis media trial and its affect. It also analysis the freedom of press under the ambit of freedom of speech and expression which is guaranteed as a fundamental right enshrined in the Constitution of India.1,028 views -
Violations in Society Based on Religion
Student at B.S. Anangpuria Institute Of Law, Alampur, Faridabad, Haryana, IndiaPages 332 - 341Religion is a fundamental aspect of human culture, providing guidance, values, and a sense of purpose to individuals and communities. However, throughout history and in contemporary times, violations of human rights and social justice have occurred based on religious differences. This abstract discusses the multifaceted nature of violations in society stemming from religious beliefs. It highlights key themes such as discrimination, violence, intolerance, and the infringement of basic human rights experienced by individuals and groups due to their religious affiliations. The abstract also underscores the importance of promoting religious freedom, interfaith dialogue, and a deeper understanding of diverse belief systems to foster inclusivity and mitigate such violations. By exploring case studies and examining the role of societal, political, and economic factors, this abstract seeks to provide insights into the complex dynamics that contribute to violations in society based on religion. Ultimately, it aims to raise awareness about the significance of upholding human rights and promoting a harmonious coexistence among people of various religious backgrounds.706 views -
The Boosting Ecosystem of E-Commerce and the Protection of its Consumers: The Drift for Evolution
Student at Amity University, Patna, IndiaPages 342 - 349The advent of information technology has given birth to various innovations such as data interchange, electronic fund transfer, commercial transaction etc. The quick access over the internet has enabled such facilities. As per Internet World Stats, Internet Growth Statistics Report the number of internet user in the year has crossed the mark of 5.15 billion which was only 16 million in 1995. In furtherance of it the activities such as trade and commercialization over the internet has also found a new pace and has provided the world an enhanced and diverse experience. E- commerce is one the prominent element which eventually changed the structure of the social lives of the people. The development of e-commerce has bought up a great revolution in the world of trade and commerce. After the arrival of e-commerce, the choice, nature, behavior and mode of exchange of goods and services has also found a new way to operate through. Though e-commerce comes up with a number of positive benefits which has been contribution in an exceptional growth of the industry, with it also comes the increased rate of risks and ambiguity in regard to the privacy, rights and interest of the consumers at different stages. For retaliating with such risks, the necessity for the protection of the consumers of e-commerce is felt higher. The backbone of any industry is their consumers and keeping in mind the recent development and expansion of the information and technology, the proper care of the rights and interests of the consumers is much needed. With the evolution of e-commerce industries, there comes a slew of issues with regard to their consumers. In this paper the topics like the meaning of e-commerce, the threats to consumers of e-commerce, the prevailing rules and regulation available to the consumers in case of any mismanagement has been discussed.657 views -
Fundamentals of Criminal Law in India: An Overview
Assistant Professor at Amity Law School, Amity University, Punjab, IndiaPages 350 - 356Criminal law forms the backbone of any society which regulates the behaviours of human beings in any particular society. It is the body of law that implies to crimes for which punishments are recognized. The primary objective of criminal law is to penalize criminals and maintain law and order in the society. This paper seeks to introduce the background of fundamentals of criminal laws prevailing in India, keeping in mind, the layman who might not be having the legal knowledge about the subject. It covers the meaning, objective, and the basic principle the criminal law. It also includes the basic principles of the substantive and procedural criminal law which helps even the layman to have an idea about the subject. An attempt has also been made to examine some of the theoretic concepts regarding the subject of criminal law. To keep up with current proceedings, a brief analysis regarding the recent introduction of three new criminal law bills is given in the end of this paper.1,278 views -
Uniform Civil Code: An Analysis
Student at Shobhit Institute of Engineering & Technology, Meerut, IndiaPages 357 - 365The term "Uniform Civil Code" alludes to a collection of universal, secular laws that will apply to all Indian citizens without regard to their caste, language, or tribe. India has a single code for laws pertaining to contracts, property transfers, criminal laws, and other civil laws that are unreligious. Laws relating to marriage, divorce, inheritance, and the acquisition and administration of property are among the other areas of law that will be covered by it. The state is required by DPSP article 44 to create a uniform civil code. The issues raised during the discussion of the Uniform Civil Code led to the creation of this study report. The analysis focuses on the grassroots communities' current situation in relation to the pressing demand of the moment. The idea of a single civil code is questioned in this essay, as well as its viability for the majority of Indians. The UCC of Goa is used in this research to analyse the difficulties of such a code and to suggest alternatives to the idealistic goal of a single code.954 views -
Uniform Civil Code in India: The Struggle for Implementation
Student at Amity Law School, Amity University, Jaipur, IndiaPages 366 - 371“Let us forget I am Hindu and you are Muslim let us think I and mine in a common Indian nationality” The Uniform Civil Code (UCC) has been a contentious issue in India since the framing of the Constitution in 1948. The UCC proposes to abolish personal laws and establish a single code applicable to all citizens, regardless of their religion or community. However, due to the vast diversity of the country and the complexity of regional ethnicities, customs, and social structures, the UCC was not adopted at that time. Instead, Article 44 of the Indian Constitution made it an optional provision, emphasizing the need for a uniform civil code in the future. This paper explores the historical background and the opposing viewpoints surrounding the implementation of the UCC. It delves into the reasons for the prolonged delay and the challenges faced by policymakers and society in adopting a uniform civil code. Additionally, it examines the changing dynamics of Indian society over the past seven decades and considers whether the time has come for India to introduce a uniform civil code.1,030 views -
Uncharted Territory: The Outer Space Treaty and the Looming Peril of Space Debris
Student at Ideal Institute of Management and Technology & School of Law, IndiaPages 372 - 381This research paper examines the relationship between the Outer Space Treaty and the imminent threat posed by space debris to future space travel. The Outer Space Treaty, a foundational legal framework governing space activities, was established in an era when space debris was not a prominent concern. However, with the growing accumulation of space debris in Earth’s orbit, it is crucial to evaluate the treaty’s provisions and effectiveness in addressing this modern challenge. This study delves into the provisions of the Outer Space Treaty, analysis their impact on space debris mitigation efforts, and explores potential gaps or limitations in the treaty’s ability to safeguard future space travel. By understanding the interplay between the treaty and space debris, this research aims to shed light on the dangers faced by space exploration and provide insights into possible policy enhancements.757 views -
Right to Clean Environment: A Constitutional and Legislative Perspective
Advocate at Orissa High Court, IndiaPages 382 - 394The right to life has been recently viewed in different perspectives which includes, the right to survive as a species, quality of life, the right to live with dignity and the right to livelihood. But with the growing concern over environmental degradation which is affecting life all over the globe, many countries have recognised the right to clean environment as a part of right to life. In light of this, the Supreme Court of India has interpreted the right to life under article 21 as including the right to a clean environment. All these have been analysed with reference to Article 48-A and 51A (g) and various Acts relating to protection and conservation of environment. However, despite having constitutional provisions and legislative enactments, our environment is degrading day after day. Further, many emerging issues are also posing challenges to our environment. So here in this paper an analysis of constitutional provisions and various Acts in light of international conventions would be made to see how environmental issues have been dealt with. Further, an analysis of the lapses in enforcement of these laws would be made by analysing various cases. The paper also attempts to provide possible solutions/ suggestions to mitigate the environmental problems.1,036 views -
Ramanuja’s View on Visishtavaita and Bhakti
Student at Christ University, IndiaPages 395 - 402Ramanuja’s philosophy is also known as Vishishtadvaita Vedanta. The Upanishads, which are also referred to as the Vedas because they come after the Vedas, serve as its foundation, much like other Vedic systems do as well. It is difficult to create a philosophical framework based on the Upanishads. The problem is that there are two categories of claims in these latter Vedic writings that seem to contradict one another. One set of assertions connects Brahman, the supreme reality, with the universe (jagat) and the individual souls (jiva) that reside therein. The Upanishads also have a different set of assertions that make a distinct distinction between these three—jagat, jiva, and Brahman—clearly. At the heart of Vedantic philosophy is the triad of Brahman, jiva, and jagat, which represents nature of reality, independent beings, and the universe. In fact, it is quite crucial. The body-soul link of Brahman, jagat, and jiva is then further discussed by Ramanuja. He holds that the jivas and jagats make up Brahman, who is their soul. Then he claims that when the Upanishads make a distinction between jagat, jiva, and Brahman, they are simply referring toward an actual facts that can be noticed. The Upanishads speak to the inseparability of Brahman and jagat and jiva when they state that they are same (and not identity, as Shankara would have us believe). This also explains the meaning of the phrase Vishishtadvaita, which stands for non-dualism or the unity of the qualified and the embodied. The creativity and intelligence with which the Upanishadic dilemma was addressed has to make a lasting impression on one. Another paradox in the Upanishads is the description of Brahman as either nirguna, or lacking distinctive traits or attributes, or as saguna, or possessing them. In Advaita Vedanta, this nirguna Brahman is equated with pure (objectless) consciousness. According to Ramanuja, consciousness as we understand it is always cognizant of something, and objectless consciousness is a pure abstraction. He selects saguna as the highest manifestation of Brahman as a result, understanding any mention of it as nirguna to signify that it had "no negative attributes." The ultimate reality is a physical individual rather than an impersonal idea. It is not an Absolute; rather, it is God, whom followers love and who loves them in return. In this way, Ramanuja formed the trinity of Brahman, Jagat, Jiva and the nature of brahmin. The purpose of this research paper is to answer the following questions: firstly, what is the concept of The Visishtadvaita Philosophy of Ramanuja? Secondly, what is the significance of Ramanuja’s epistemology in bhakti? Thirdly, why is soteriology necessary in an individual’s life according to Ramanuja?2,073 views -
Impact of Compulsory Licensing in Developed and Developing Nations
Student at Presidency University, IndiaPages 403 - 411This paper makes an effort to differentiate between the problems with the present-day legal system's use of compulsory licencing arrangements for pharmaceutical licences and to recommend the best way to resolve them without seriously jeopardising the objectives of the holders, especially in developing countries. The major focus of the paper is on the acceptance of compulsory patent licencing, which can address the issue of drug affordability and accessibility in some developing nations. Unless otherwise noted, "developing countries" includes Least Developed Countries (LDCs) as well. While the Trade Related Aspects of Intellectual Property Right Agreement provisions that can facilitate poor countries' access to medicines are equally pertinent to the subject of compulsory licencing of patents in this study. In a nutshell, it emphasises in especially the measures meant to clarify compulsory licensing. Additionally, the study covers Trade Related Aspects of Intellectual Property Right Agreement provisions that do not specifically address compulsory licencing of patents but may nonetheless have an influence on patients' access to drugs. Additionally, the evolution of patents throughout different nations is examined, with a focus on drug patents. Along with a study of the practises and effectiveness of compulsory licencing in developing countries generally and India in particular, the Trade Related Aspects of Intellectual Property Right regime, which was imposed by rich nations and supported by MNCs to restrict the use of compulsory licencing by nations that are developing, is also examined. The goal of this paper is to investigate the different situations where rich countries and multi-national corporations (MNCS) apply pressure on developing nations to support their monopolistic patent system in the pharmaceutical business.818 views -
Justice Behind Closed Doors: The Call for Marital Rape to be a Criminal Offense in India
Student at KIIT School of Law, IndiaPages 412 - 418Matrimony is a hallowed pledge that not just ties two people, but two families, together. However, if this union is not freely chosen or the parties are not happy, things might go south. Our society is inclined towards a patriarchal system from the ancient times of hunting and gathering. So, it comes as a natural nature for men to display emotions of dominance. Looking around the globe, law and order has a huge role in prescribing and limiting standards for human conduct. Under the “Indian Penal Code, 1860,” the laws have been made and appropriate punishment for the same has been provided. But what most of the people fail to comprehend is that these laws were made by the British a long time ago. At that time Marital Rape was not considered a crime which can be one of the reasons why it was exempted under the penal laws. This research paper substantiates and focuses solely on evolution of the rights for women; mainly the effects of Marital Rape; and the reasons how it is in violation of the Constitution of India.655 views -
Implementation of Personal Bias by Administrative Authorities While Sanctioning Government Projects: Analysis of The Pradhan Mantri Gram Sadak Yojana
Student at SVKM Nmims School of Law, Mumbai campus, IndiaPages 419 - 429The rule of bias is an integral part of our natural justice system. It is seminal to the developments that have taken place in the field of administrative law since it is indispensable in the production of a fair administrative process. Natural justice, according to Lord Parker C.J. in Re R.N, “is the obligation to behave honestly”. On the other hand, regulatory and quasi-judicial organisations are required to act properly in order to prevent unfair or discriminatory behaviour on their part. It is a universal fact that no matter how objective one tries to act there is always some kind of bias involved in decision taking. Therefore bias can be defined as a conscious or unconscious relation to a party or issue. It is common knowledge that government officials/ politicians have the authority to sanction government projects to private individuals and in many cases their decision is influenced by a certain kind of bias that may either result from some personal relationship with one of the parties bidding or as a result of corruption processes. Administrative law in a way governs how the elected officials and private individuals interact, therefore it is not just necessary for administrative authorities to remain impartial but also take into consideration the larger public interest and confidence. Under this paper the author’s aim is to discuss the case of Pradhan Mantri Gram Sadak Yojna and the kinds of bias present while government officials have a general interest or some kind of personal interest in the subject- matter. The paper also aims to understand what impact such bias had on the welfare of society at large.768 views -
Constitutional Provisions in Relation to Juvenile in India
Ph.D. Scholar at NIMS School of Law, NIMS University, Jaipur, Rajasthan, IndiaPages 430 - 441The Constitution of India incorporates several constitutional provisions to protect the rights and welfare of juveniles, defined as individuals below the age of 18 years. These provisions recognize the vulnerability of children and emphasize the need for their special care and treatment within the criminal justice system. Article 15(3) empowers the State to enact special provisions for children, including juveniles, to promote their educational and social advancement. Article 39(f) and Article 45 advocate for securing childhood and youth against exploitation and ensuring free and compulsory education for children until they reach 14 years of age. The Constitution also allows for the establishment of separate juvenile justice courts or systems under Article 15(4), emphasizing compassionate treatment and rehabilitation rather than punitive measures. Additionally, the principles of natural justice and fundamental rights, such as the right to a fair trial and protection against cruel treatment, apply to all individuals, including juveniles. India's Juvenile Justice Act further strengthens this framework, focusing on the welfare and reintegration of young offenders into society. Challenges remain in implementing and enforcing these provisions uniformly across the country, prompting continuous efforts by the government and civil society to improve the juvenile justice system and safeguard the rights of juveniles effectively.4,090 views -
Law of Sedition: A Threat to Free Speech
Research Scholar at Department of Law, Aligarh Muslim University, Aligarh, IndiaPages 442 - 452The law of sedition has been receiving criticism from different corners since its inception during the colonial times in India. The prime aim behind introducing the law by the British was to suppress the voices and keep the nationalist sentiments under check in India. However, in the post-independence era, this law seems vague given the fact that freedom of speech is considered as the soul of a democratic country. Invoking of sedition laws at many instances over the recent years has again raised questions on the undemocratic nature and validity of these laws in the present constitutional democracy. As such, it may be asserted that the law on sedition in India serves as a tool of harassment and persecution to demean the freedom of speech. Observations and arguments circulating in this regard depict that this law faces grave mishandling in the name of national security. Rule of Law prevails in India and hence, false accusation on a person for the offence of Sedition is an act that goes contrary to the spirit of constitutionalism or India’s liberal constitutional order. Despite knowing that the misapplication of this law is unjustified in our democratic society, various governments have used and are still using, the sedition law, as an instrument, for curbing the dissenting voices to settle political scores. With this backdrop, the researcher explores the law on sedition under section 124A of the Indian Penal Code, 1860, by collating all the debates of repealing and amending these laws in addition to bringing forth the historical genesis of the law since its inception in colonial India. The study attempts to examine the role played by the judiciary in enriching the freedom of speech when faced with cases of sedition. Furthermore, an analysis of the responses and modus operandi of the Supreme Court while deciding the cases related to sedition has been executed to elucidate the theme with a proper methodology.839 views -
Revisiting the Idea of Constitutionalism in India: A Path towards Good Governance in a Democratic Republic State
Student at Amity Law School Noida, IndiaPages 453 - 464There is no explicit procedure enshrined under the constitution to demark the path of constitutionalism, it evolves and develop beneath the sense of what is righteous in a manner to act in accordance with the legitimate actions. Now the question may arise as to what are the legitimate action? To understand the difference between the constitutionalism and constitution it is necessary to critically examine and go narrowly into the formation and thereby legislative intent of a law. As Dr. Justice. D.Y. Chandrachud quoted the words of Dr. B.R. Ambedkar in response to the criticism of the borrowed Constitution in the Nani Palkhiwala Lecture , “No one owns the patent right to the fundamental ideas of the Constitution”, he acknowledges the great work of the constituent assembly in the formation of world’s largest constitution to govern the world’s largest democracy. The governing of the largest democracy bearing the system of the governance wherein the constitution contemplates the idea of federalism. This paper aims to distinguish between mere rule of law and the spirit of constitutionalism and to understand why constitutionalism is important for a democracy to bloom and thrive.2,424 views -
Unveiling Creative Rights: Concise Note on Crafting a Copyright Canvas
Student at Amity Law School, Amity University, Patna, IndiaPages 465 - 481In the vibrant landscape of creative expression, copyright is classified as a sui generis right and copyright stands as a vital brushstroke that safeguards the integrity of artistic Endeavors. This article delves into the intricate threads of copyright law, unraveling its multifaceted tapestry to reveals the ways in which it cultivates a nurturing environment for innovation and originality. At its core, copyrights embody the essence of ownership over one creative output. It provides artists, writers, musicians and creator of all kind with a shield of protection against unauthorized reproduction, distribution and utilization of their works. This protection empowers creators to share their artistry with the world, secure in the knowledge that their efforts are shielded from infringement. The brushstrokes of copyright extend beyond the canvas of individual works, encompassing the broader strokes of fair use, transformative works, and the delicate balance between protecting creators and fostering a culture of creativity. With technology reshaping the canvas of creation and Dissemination, navigating the waters of digital copyrights becomes a dynamic journey, requiring constant re-evaluation and adaptation. Yet as we Explore the nuances of copyright, we must also recognize its limitations. The fine line between inspiration and limitation, the gray areas of public domain and evolving realm of user generated content beckon us to tread carefully. While copyright ensures the longevity of creative rights, it should not stifle the vibrant symphony of inspiration that fuels the artistic world. This article ventures into the concise note of some notable copyright cases, where courts have wielded their gavels to define the boundaries of originality, derivative works and Historical perspective with related to its convention and subject matter of copyrights, Multifaceted dimensions of copyrights, rights of owner of copyright, registration of copyright.649 views -
Critical Analysis of Article 356 of the Indian Constitution: A Provision of Emergency or Tyranny?
Student at Institute of Law, Nirma University, IndiaPages 482 - 490The idea of the proclamation of a state of emergency owing to a breakdown in constitutional machinery refers to a situation in which the state's established constitutional procedures stop working according to the Constitution's stipulations. This serious collapse frequently results in a breakdown of law and order, which prevents the state government from carrying out its obligations under the constitution. About India, Article 356 of the Constitution allows the imposition of a President's Rule in a state going through such a breakdown. Although this clause was originally intended to provide the federal government more authority to protect the welfare of the public, it has been used as a tool to unseat state governments. Unfortunately, this interpretation erodes the fundamental federalist and democratic values established in the Constitution. The article aims to examine the legal foundation for declaring an emergency due to the malfunction of constitutional machinery. It highlights the inherent flaws in this clause, particularly its propensity to defeat its stated goal. The clause occasionally gets used to undermine the country's federal system and democratic foundation rather than protecting the integrity of the constitution. The article explores the flaws in this emergency service through a critical examination and offers potential solutions. By doing so, it hopes to add to the conversation on the need for a more sensible and balanced application of Article 356 that is in line with the original intent of safeguarding democratic ideals and maintaining the federal character of the country.1,572 views -
Insider Trading: A Comparative Appraisal of Regulatory Norms and Legal Mechanisms in India vis-à-vis the United Kingdom under the Realm of Securities Legislation
Student at Kirit P Mehta's NMIMS School of Law, Navi Mumbai, IndiaPages 491 - 503The trading of securities stands as one of the most prominent global investment activities, where the public engages with shares of companies listed on stock exchanges, contributing investment funds to facilitate operational endeavors. However, certain company officers, such as Key Managerial Personnel (KMPs) and Directors, engage in the illicit practice of insider trading by utilizing confidential non-public information to trade securities, potentially impacting share prices. To address such occurrences, robust securities legislations have been implemented. This research paper delves into the jurisdictions of India and the United Kingdom to assess the efficacy of existing laws in mitigating insider trading offenses. Specifically, the paper focuses on recent landmark judgments, such as SEBI v. Abhijit Rajan in India and FCA v. Martyn Dodgson in the UK. It critically examines the nature of criminal and civil sanctions applicable to insider trading offenses, questioning the presence of corporate criminal liability for corporations in both jurisdictions, as punitive measures predominantly target individuals. Furthermore, the paper analyzes the regulatory capabilities of SEBI and FCA as overseers of the securities market in resolving associated issues. Extensive deliberations concerning essential amendments required in the securities legislation regime are also presented. Moreover, the discussion extends to corporate governance practices within companies in both jurisdictions to combat insider trading effectively.818 views -
Refuge or a Prejudiced Rhetoric?: Comparison of the Anti-Asylum Practices followed in Europe and South Asia
Student at Jindal Global Law School, O.P. Jindal Global University, IndiaPages 504 - 512This paper provides a comparative analysis of anti-asylum sentiments in Europe and South Asia, examining their impact on the treatment of asylum-seekers. While international obligations and human rights principles shape asylum policies worldwide, their implementation is influenced by domestic politics. The paper begins by outlining the global commitment to providing asylum and the pivotal role of domestic politics in shaping asylum policies. Anti-asylum sentiments, rooted in empirical evidence or subjective political perceptions, often permeate public discourse, sometimes escalating into "populist hysteria" fuelled by host country governments. In Europe, a common regulatory framework for asylum laws navigates challenges such as identity preservation, security concerns, economic strains, and uneven burden-sharing among member states. These factors contribute to the rise of anti-asylum sentiments, driven by both governments and the EU Commission. Negative perceptions of refugees are further exacerbated by media portrayal and political propaganda. In South Asia, where asylum laws vary across countries, opposition to asylum takes on different forms, primarily revolving around sovereignty concerns, internal conflicts, and cultural identity preservation. By comparing Europe and South Asia, this study identifies commonalities and differences in anti-asylum sentiment dynamics. It underscores the influential roles of politics, media, and public opinion in shaping policies and attitudes toward asylum-seekers. The research highlights the challenges faced by refugees and emphasizes the necessity of a nuanced understanding in addressing asylum processes in these regions.858 views -
Sustainable Development Framework to Adopt the Right Approach for a Prosperous Future
PhD Research Scholar at Osmania University College of Law, Osmania University, Hyderabad, IndiaPages 513 - 526Sustainable Development is a term used in the UN Burtland report, which shall bring in the need for Nations to act with the utmost care, diligence, and social responsibility in dealing with the issues of Society, Economy, and Nature. At the same time, there are a great number of differences in culture, economic conditions, and the standard of livings in different geographical areas, which is the major concern and the biggest contributor to the imbalances that force people to act without conscience, understanding of the consequences that arise due to their acts. However, the barrier between the North and the South and the Developed and Under Developed Nations has left a huge gap that is still widening daily. The gap between the Rich and the Poor is increasing enormously, which is the greatest grave danger to Society, Economy, and Environment. Therefore it is time for swift action to strike a balance between the three pillars of Sustainable Development which are Society, Economy, and Environment, by bringing the Geographical Balance among the Nations by addressing the issues specific to each region through Innovations, technological transfer, and priority in providing economic support.826 views -
Violation of Human Rights in the Criminal Justice System
Guest Faculty at Dr. Ambedkar Law University (School of Excellence In Law), Perungudi Campus, Chennai, IndiaPages 527 - 536This paper in detail discusses the violation of human rights in the criminal justice system with law related to it in Indian and International cases and the Provisions stated in UDHR. Construction of India, 1950 and Criminal Procedure Code, 1973. This paper attempts to research human rights in the criminal justice system and how human rights are violated by the departments of the Criminal Justice System. The Criminal system Justice system consists of three departments i.e., Police, Judiciary, and correctional services. This paper discussed these three parts in detail with related case laws for a better understanding of the concept. I have detailed the negligence of police and misusing of powers vested with them and delay in judicial proceedings by the department of Judiciary. In the three organs of Government, the judiciary has to turn out to be a leading edge of human rights in India. It plays this feature especially through revolutionary interpretation and inserts in the human rights provisions of the Constitution. Although the significance of human rights is universally commonplace and relatively recognized, implementation degrees range from jurisdiction to jurisdiction. In India, notwithstanding massive expansions throughout the spectrum of human rights, implementation has now no longer been that satisfactory. Recently, the International Commission of Jurists, Geneva had warned that in India those very human rights stand threatened. This Paper additionally has stated some steps to bring out better reforms in Criminal Justice Systems.917 views -
Anonymous Witness Scope and Protection under Indian Criminal Justice System
Advocate at High Court, Madras, IndiaPages 537 - 551The purpose of this paper is to study the scope and production of anonymous witness in India and what are the changes it can bring to the final judgement to the case. A person who testifies or offers information in a court proceeding while remaining anonymous is known as an anonymous witness. In cases involving criminal activity, corruption, or delicate topics, this idea is frequently used to preserve the safety and wellbeing of the witness. Allowing witnesses to remain anonymous can make it more difficult for them to be cross-examined and verified, but it can also inspire people to come forward with critical information that they might not otherwise be willing to provide. As it requires weighing the need for secrecy with the accused's right to a fair trial, the use of anonymous witnesses presents ethical and legal questions.994 views -
Refugee Children: Hurdles, Challenges and Rights
Research Scholar at Annamalai University & Assistant Professor at Saraswathy Law College, Tindivanam, Tamil Nadu, IndiaPages 552 - 565The refugee itself is in the original sense a sad condition, which suffers from many difficulties every day. It is a pathetic reputation where people are constrained by pain of their past and present, by some form of oppression, who are seeking a safe place after being forced to flee from violence, war and by all forms of persecutions. Half of the world's refugees are children. Many refugee children are separated from their families to which they belong, and their entire childhood is away from their home and their parents. Refugee children are on the verge of many risks of violence, sexual abuse, prostitution, child labour, child marriage, exploitation, discrimination, trafficking and coercively military recruitment. They have been part of regressive aggression of war and witnessed many battles. It is very depressing that they saw such deep traumas at this very early stage of life. All such sudden emergencies and family disruption leave a profound psychological and physical imprint on children's health. Under the 1951 refugee convention, European Union Asylum Legislation and the European Convention, on Human Rights, refugees are entitled to rights and protection from many ill-treatment and barbaric practices. Refugee children are more prone to PTSD, malnutrition, physical injury, and this population who had faced such agony. These disruptions in the family lead to many acute shortages of funds, and financial things have been confronted. This article studies the hurdles and challenges refugee children and reviews the international declarations, treaties, and agreements to assess the efficacy of such principles in protecting the interests of refugee children.787 views -
Genetic Resources and Biopiracy: A Critical Analysis of Access and Benefit Sharing Mechanisms Under the International and National Biodiversity Laws
PhD Scholar at Inter University Center for Intellectual Property Rights Studies (IUCIPRS), Cochin University of Science and Technology (CUSAT), IndiaPages 566 - 579Access and benefit sharing (ABS) is one of the important objectives of the Convention on Biodiversity (CBD) and, with 195 countries and other governmental and NGO’s being part of the Convention, the principle has gained international relevance. Articles 15, 16, and 19 of CBD deal with ABS, however, it was only in 2002, through Bonn Guidelines that a systematic ABS was institutionalized. Additionally, in 2010, CBD came up with another important protocol giving more importance to access and benefit sharing objectives at Nagoya, called Nagoya Protocol. The parties to the Convention modeled their ABS mechanisms based on these guidelines and protocols, each country has its own access and benefit sharing mechanism. The paper propose to analyse the ABS mechanism from six domestic jurisdictions, namely, Australia, Brazil, Costa Rica, South Africa, Kenya and India. In this paper, the authorswill try to understand the core policies behind the ABS mechanisms of this selected countries.979 views -
Trans-Border Reputation of Trademarks in India
Student at Ramaiaha College of Law, IndiaPages 580 - 588The Trademarks Act, 1999 provides protects both registered and un registered trademark in India. The Trademark protect the brand images within particular geographical regions but in the present world the brands are trying to expand their business at an International level and in this process they found that there are similar products in different countries with the similar marks. Now the issue arises who has the actual right over the product and it is a very difficult situation to prove the ownership of their brand. This also leads to the reputation of the brand. The Trademarks Act, 1999 was enacted following the Paris Convention of Industrial property, 1998- to which India was a signatory. The Trade Marks Act furthered India’s commitments to modernize its intellectual property laws in order to provide for recognition of trademarks from all over the world. The Act also protects unregistered trademarks in passing off actions, where other proprietors are not permitted to duplicate an unregistered trademark that has been in use for a long time and has earned a reputation and goodwill through continuous use. Thus, whether a mark is registered or not, reputation is a significant consideration in trademark protection. In reality, if convincing evidence of earlier use can be provided, reputation and continued usage trump even the rights of a registered user. In this development world there are many products which are similar and which creates a confusion in the minds of the consumers the main differentiation between the products can be identified through the brand names and Trademarks. So protection of Trade mark and its reputation is an essential aspect. In this Article I will be discussing about the Transborder Reputation of a Trademark in India and the significance laid down by the judiciary regarding the Territoriality doctrine. Further who and when can the transborder reputation can be claimed.850 views -
Corporate Criminal Liability: Assessing the Efficacy and Implications for Corporate Governance
Student at NMIMS Kirit P Mehta School of Law, Mumbai, IndiaPages 589 - 600Purpose: The purpose of the research paper on the topic "Corporate Criminal Liability: Assessing the Efficacy and Implications for Corporate Governance" is to critically examine the concept of corporate criminal liability and its significance in the context of corporate governance. Research Implications: The research on "Corporate Criminal Liability: Assessing the Efficacy and Implications for Corporate Governance" carries several important implications for various stakeholders, including policymakers, corporations, legal professionals, and researchers. Findings: The research paper on "Corporate Criminal Liability: Assessing the Efficacy and Implications for Corporate Governance" reveals critical insights into the concept's effectiveness and its ramifications on corporate behavior and governance. The study underscores the significance of holding corporations accountable for criminal acts and the potential deterrent effect of criminal liability. However, the findings highlight challenges in attributing guilt to corporations, including the intangible nature of the "corporate mind" and limited liability protections. The paper emphasizes the impact of corporate criminal liability on corporate governance practices, with organizations incentivized to strengthen internal controls and risk management to prevent criminal conduct. Additionally, the research sheds light on the complex relationship between corporate social responsibility and criminal liability. The inclusion of real-life case studies provides practical illustrations of the implications and consequences of corporate criminal conduct. Originality/Value: The paper concludes with valuable recommendations for enhancing corporate accountability, such as strengthening governance practices, implementing robust compliance programs, and promoting a culture of ethics and compliance. Overall, the research contributes to a better understanding of corporate criminal liability's role in shaping corporate behaviour and governance, offering insights that can inform policy, legal practice, and corporate decision-making.798 views -
The Role of Social Norms in Determining the Importance of the Legal Profession in Bangladesh: An In-depth Exploration
Lecturer at Department of Law, First Capital University of Bangladesh, Chuadanga, BangladeshPages 601 - 621This groundbreaking research paper presents a comprehensive and incisive analysis of the profound impact of social norms on the perception and recognition of the legal profession in Bangladesh. By delving into the complex interplay between deeply ingrained social norms, rich cultural values, historical legacies, and ever-evolving socio-economic dynamics, this study promises to revolutionize our understanding of how societal attitudes significantly shape the perceived importance of legal professionals as custodians of justice, architects of social order, and guardians of individual rights. With its deep insights into the intricate web of social norms and their profound implications for the recognition and societal value accorded to the legal profession in Bangladesh, this research paves the way for transformative reforms and strategic interventions to reinvigorate the profession's image, solidify its vital role in upholding the rule of law, and ignite a resounding call to action among policymakers and stakeholders, all in pursuit of a more just, equitable, and flourishing society.690 views -
Evolving Jurisprudence on Quashing Criminal Proceedings under Section 482 of Code of Criminal Procedure, 1973
Research Scholar at Banaras Hindu University, IndiaPages 622 - 629The best legislators can legislate upon certainties, at most, some uncertainties. Prediction of the future is not a legislative means to indefinite issues at a point in time that are yet to be determined. It means that legislation complete in itself may well need solutions at a future point in time. To brace any such events, extraordinary tools exist to guide a Court of Justice. One such power well within a Court is referred to as Inherent Power. This paper highlights the developing jurisprudence through case laws concerning Section 482 of the Code of Criminal Procedure (CrPC) 1973.884 views -
The Practice of Nursing, Midwifery and the Tort of Negligence within the Ghanaian Laws: An Analysis of the Ghanaian Medico-Legal Jurisprudence
Vice Principal at Assinman Nursing and Midwifery College, Fosu, Central Region, GhanaPages 630 - 660This paper on the practice of nursing, midwifery and the tort of negligence within the Ghanaian Laws provided a comprehensive analysis of the Ghanaian medico-legal Jurisprudence. The legal analysis probed two issues: 1) What are the jurisprudential positions of the Ghanaian laws on negligence in nursing, midwifery and other specialists practices? 2) Whether Ghanaian jurisprudence elucidates on the patient’s rights of privacy and information without recourse for nursing, midwifery and other specialists practitioners to withhold such medical records? The analysis found that legal jurisprudence in Ghana had recognized several categories of negligence including: lateness to duty; indeterminate duty founded on the defense of res ipsa liquitor; practicing without licence; refusal to treat patient and practicing out of scope. Thus, the Ghanaian medico-legal Jurisprudence presume a prima facie evidence on these duty categories as stated. Moreover, the analysis revealed that Bolam principle and Res ipsa liquitor had been extensively applied in the Ghanaian courts to hold practitioners to their standards of care. While noted from the analysis that the common law position had been reluctant in the acceptance of liabilities toward the unborn child, the Ghanaian medico-legal context recognizes expressly duty towards the unborn child and the mother of that unborn child. It was found through the legal analysis that the Ghanaian laws recognize the concurrent “tortfeasance” and multiplicity in negligence actions on practice. The material contribution principle in the common law had long being applied in Ghanaian case laws before it’s application in toxic negligence cases. Thus, from this findings, two or more practitioners may be held to have materially contributed to the wrongful acts or negligence treatment of a patient. The medico-legal analysis further indicated that the Ghanaian Constitution and the accompanying laws have guaranteed the privacy and information rights of the patient to his medical records and thus the jurisprudence recognise the privacy and information rights of patients to their medical records and that practitioners cannot withhold such data when requested for use by the patient. The paper concluded that the Ghanaian Medico-legal Jurisprudence presume that negligent act in treatment can only succeed if the patient is able to proof the negligence and the causal link between the negligence and the breach of the duty the practitioner had towards him. Except in the circumstances where Res Ipsa Liquitor as a defence on the part of the patient is raised. More so the Medico-legal Jurisprudence and the Ghanaian Constitution provisions guarantee the rights of privacy and information to the patient. Thus, the patient has the unqualified access to his or her record for any reason whatsoever for retrieval of that same records for any purpose of his or choice without question in the Ghanaian law context.1,972 views -
An Analysis of the Admissibility and Reliability of Dying Declarations as Evidence in Criminal Trials
Student at University Of Petroleum And Energy Studies, Dehradun, IndiaPages 661 - 676ABSTRACT Dying declarations are statements made by a person who knows that they are about to die and who relate the cause or circumstances of their impending death. These declarations are admissible as exceptions to the hearsay rule, which generally prohibits the admission of out-of-court statements. The rationale for admitting dying declarations is that a person who is about to die is presumed to have no motive to lie, and that their statements are therefore more likely to be truthful. The admissibility of dying declarations is generally subject to several key requirements. First and foremost, the individual making the declaration must possess the awareness of their impending death. Secondly, the statement itself must pertain to either the cause or the circumstances surrounding the declarant's impending demise. Equally crucial is that the statement is offered freely, without any form of coercion or external influence. Additionally, the declaration should ideally take place in the presence of two or more witnesses to validate its authenticity. The reliability of dying declarations, however, remains a case-specific evaluation. Several factors come into play when determining the trustworthiness of such statements. The mental state of the declarant at the time of making the statement is a critical consideration. Moreover, the declarant's physical and mental capacity to provide a dependable statement is taken into account. The circumstances surrounding the statement's issuance, as well as the possible motives behind the declarant's decision to make the statement, are all factors that weigh into the assessment of the declaration's reliability. In essence, the admissibility and reliability of dying declarations hinge on a careful examination of the specific details and context of each case.Dying declarations are generally considered to be reliable evidence, but they are not infallible. As with any type of evidence, the reliability of a dying declaration must be assessed on a case-by-case basis. In addition to the requirements listed above, some jurisdictions also impose additional requirements for the admissibility of dying declarations. For example, some jurisdictions require that the declarant be able to identify their killer. Other jurisdictions require that the dying declaration be corroborated by other evidence. The admissibility and reliability of dying declarations as evidence in criminal trials is a complex and evolving area of law. The requirements for admissibility and the factors that are considered in assessing reliability vary from jurisdiction to jurisdiction. As a result, it is important to consult with an attorney to determine the admissibility and reliability of a dying declaration in a particular case. Dying declarations are statements made by a person who believes they are about to die, regarding the cause of their death or the circumstances surrounding it. These statements are often used as evidence in criminal trials to establish the identity of the perpetrator and to determine the criminal liability of the accused. However, the admissibility and reliability of dying declarations as evidence in criminal trials have been the subject of much debate in legal circles.1,702 views -
Judicial Approach on Plea of Insanity in India
Student at NMIMS, IndiaPages 677 - 686The idea of responsibility is connected to our deepest beliefs about human nature, dignity, and the feeling of guilt, innocence, blame, and punishment in daily life. In criminal cases, insanity defence is frequently employed. It is predicated on the idea that the defendant was suffering from a severe mental condition at the time of the crime and was unable to understand the nature of the offence and distinguish between right and wrong behaviour as a result, rendering them not legally responsible for the crime. The concept of insanity defence is one of law, not of medicine. This reflects that merely having a mental condition does not constitute as insanity. Like a civil case, the defendant must establish the defence of insanity by a "preponderance of the evidence". The fundamental rights guaranteed by the Indian Constitution and basic human rights are violated when someone who did not commit the act is punished. Invoking the idea of natural justice, it also invokes the due process of law if the defendant is unable to defend himself in court. Legal insanity is touch task to define, and it is even more tougher to adequately argue against it in court of law. The recent Supreme Court ruling on the insanity defence and the legal norms followed in Indian courts are the main topics of this essay. Researchers outline a methodology for assessing a defendant's mental status examination and briefly go over the legal requirements and processes for reviewing evaluations of the insanity defence. The "act of a person of unsound mind" and the insanity defence are covered under Section 84 of the Indian Penal Code (IPC) in that country. Professionals in the fields of medicine, psychology, and law are deeply divided over this issue.1,014 views -
Legal Treatment of Anti-Competitive Practices in Sports and the Role of Antitrust Law in India
Assistant Professor at C.M.P. Degree College, Prayagraj, IndiaPages 687 - 694In India and across the world, the organized sports business has undergone an unexpectedly impressive development. On the other extreme, highly competitive sports have adopted uncommon practices. For instance, one growing industry that has recently gained notoriety and is already making money on a global basis is electronic sports. Given how quickly and diversely the world of sports is evolving, it is crucial that the laws governing it adapt as well. Sports and athletics have been governed by antitrust law for many years, and over time, the relationship between the two has changed significantly. The distinctive aspect of applying antitrust law to the sports business is that it inherently requires competition, preserving the interest of viewers in the fundamental principles of all sports. Assuring competition for the growth of the sports sector is in direct opposition to the dominant nature of many sports federations, who attempt to control the sport rather than assure fair play. This model of applying antitrust legislation to the sports industry would enhance sports governance and administration, which are the main contributors to India's appalling state of affairs in sports administration.809 views -
Indira Gandhi v. Raj Narain Case and How Far this Decision has Helped in Strengthening the Growth of Democratic Institutions?
Student at Vivekananda Institute of Professional Studies, IndiaPages 695 - 702This research paper is about one of the landmark cases in the Indian Judiciary that guided a lot of subsequent cases and issues on the same topic of discussion. It mentions about the judicial review power of the judiciary in the elections and how emergency was imposed at that time. Finally, a decision was made by the Judiciary that resulted in one that gives direction for similar cases till today. If the powers of all the three governmental pillars rests in one hand, then it creates a despotic government. It also mentioned about the importance and essence the amount of money that can be spent by the parties has to be looked upon and how the three pillars namely the Executive, Judiciary, and the Legislature work together effectively for diligent functioning of the country. These three organs stand to be not only pillars but also keep an eye on each other’s functioning. The case dealt with one issue regarding elections but a lot of other administrative clarifications and concepts which were not discussed earlier came into picture. It also mentions about any order which has been passed by any administrative authority but there stands a malafide intention that is the order stands against the law of the land then it could directly be held as void and null. In case where arbitrary decisions are made irrespective of aim of public good therein the authority is exceeded and the orders maybe held void. Hence, the duty to check whether rule made or law passes is in Conscience with Indian Constitution or not, there exists the concept of Judicial Review which decides whether the judgement passes is worth it or within the limits or sense of arbitrariness of the authority.1,023 views -
Austin’s Relevance: Pensiveness of Modern Jurists Ferreting a Critique
Assistant Professor at Department of Law, Aligarh Muslim University, Aligarh, IndiaPages 703 - 706John Austin heralded an era of discussion and debate by propounding the Command theory in the Juristic Circles. Non-acceptance and search of its criticism became the goal of jurists who came later in history. He had been denied the appraisal by the majority but the truth is that he started the intelligent legal debates which can be called to be the source of English Positivism. This paper tries to analyse the causes of its rejection, the alternatives and the relevance of command theory as a source of jurisprudence.839 views -
Unraveling the Corporate Veil: Examining Tort Liabilities
Student at Symbiosis Law School, Pune, IndiaPages 707 - 713This paper critically analyzes the Doctrine of Corporate Personality and its nuanced implications within the realm of tort obligations, with a specific focus on the seminal case of Salomon v. Salomon & Co. Ltd. The author endeavors to dissect the intricate interplay between the concept of corporate personality, limited liability, and the judicious application of the doctrine of piercing the corporate veil. Encompassing an Indian perspective, the study delves into the dynamic evolution of corporate veil piercing, particularly its role in addressing tortious liabilities. By navigating through complex jurisprudential landscapes and scrutinizing key judicial decisions, the author illuminates the contours of veil piercing. The study emphasizes the imperative of striking a delicate equilibrium between preserving corporate integrity and ensuring accountability. Drawing from the recommendations and conclusions, it underscores the significance of a refined statutory framework and limited judicial grounds for effective and equitable veil piercing.1,264 views -
The Inside Scoop: Exploring Insider Trading in the Indian Market
Student at ICFAI Law School, Hyderabad, IndiaPages 714 - 731Insider trading is a term used to describe the buying or selling of securities by individuals who have access to confidential information about a company. This practice is illegal in many countries, including India, where it is regulated by the Securities and Exchange Board of India (SEBI). This research work is undertaken to study, and examine the legal mechanism prevalent in India and assess the extent to which it has been implemented by interpreting cases taken up by the Courts. The research shall demonstrate and analyse various aspects of Insider trading, and evaluate the effect of this practice on the fidelity of a company towards the securities market and the common investor. The project aims to identify the legal and economic consequences of such practices with a detailed aspect of rules and regulations that are made to control such practices. Further, the research shall focus on some of the landmark cases in the history of Insider trading in India and will try to contemplate the outcomes of those cases.844 views -
History of Interpretation of Statutes
Student at Thakur Ramnarayan College of Law, IndiaPages 732 - 738This project tells an interesting journey to interpret the statutes throughout history. Legal interpretation, which forms the basis of legal practice, has evolved over the centuries as a result of cultural, philosophical and legal influences. This study begins a comprehensive study of the historical trajectory of legal interpretation, highlighting key changes in methodology, ideology, and contextual factors that led to these changes. The research begins with the study of ancient legal systems such as Mesopotamian, Roman and English law which shows how early societies interpreted legislative texts. It then examines the emergence of formal legislative bodies and their influence on the formation of legal interpretation in the medieval and early periods. Prominent jurists such as Coke and Blackstone are recognized as key figures who laid the foundations of modern interpretive approaches. Interpretation saw a wave of rationalism and a move from strict textualism to a more objective interpretation of the law. These changes are examined along with the impact of legal positivism and natural law theory on interpretive methodology. The researcher also examines the nuances that emerge as a result of the rise of legal codes and their interaction with the evolving principles of interpretation. In addition, the project explores the influence of legalistic approaches in the 20th century, challenging traditional approaches and introducing sociological and contextual considerations into translation. Current analysis is associated with the proliferation of specific rules and the proliferation of specific interpretation methods. Through a comprehensive review of historical legal texts, major events, and scholarly discourse, this project explores the dynamic nature of legal interpretation. By tracing the evolution of methods and ideologies, it provides valuable insight into the complex interplay between the dynamics of law, society, and philosophy that contributed to the development of this important jurisprudence. As the legal system continues to adapt to the complexities of modern society, a thorough understanding of the historical basis of legal interpretation is essential for practitioners and scholars.1,187 views -
The Role of Economic Nationalism in India’s Struggle for Independence
Research Scholar at Department of Economics, RBS College Agra, Dr Bhimrao Ambedkar, University Agra, IndiaPages 739 - 769This paper explores the role of economic nationalism in India's struggle for independence. Economic nationalism played a significant role in the Indian independence movement, as it was seen as a means of achieving self-reliance and reducing dependency on British colonial rule. Economic nationalism was a part of the larger nationalist ideology that emphasized the importance of self-rule, cultural pride, and economic development. The paper analyzes the various economic policies, programs, and strategies adopted by Indian leaders and nationalists to promote economic nationalism during the freedom struggle. The paper also examines the impact of economic nationalism on the Indian economy during the freedom struggle. It argues that economic nationalism had a mixed impact on the Indian economy, as it led to the growth of domestic industries, but also resulted in protectionist policies that stifled trade and limited economic growth. The paper further explores the debates and controversies surrounding economic nationalism in India, including its relationship with socialism and capitalism. Overall, this paper demonstrates that economic nationalism played a crucial role in India's struggle for independence, as it was an important component of the larger nationalist ideology. However, it also highlights the challenges and complexities of economic nationalism and its impact on the Indian economy.1,361 views -
Conceptual Framework of Human Rights of Women with reference to the Indian Constitutional
Assistant Professor at LR Group of Legal Studies Solan Himachal Pradesh, IndiaPages 770 - 784This abstract probes into the nuanced realm of human rights concerning women within the context of the Indian Constitution. The Constitution of India, enacted in 1950, serves as a bedrock for safeguarding and advancing women's rights, encapsulating a profound commitment to gender equality. Several articles within the Constitution explicitly address the rights of women and underscore the commitment to their empowerment. Human beings are born equal in dignity and rights. These are moral claims which are inalienable and inherent in all human individuals by virtue of their humanity alone. These claims are articulated and formulated in what we today call human rights and have been translated into legal rights established according to the law creating processes of societies both national and international level. Women is the basis of the human society. She is the direct agent of life and if the foundation is not firm or is neglected the whole building of human society is bound to crack and dismember. But sadly, femininity is devalued in the society except for the purpose of producing future generations. A woman has always treated as a wife, a sister, a daughter and a mother but never as an individual. The psychology of subjugation of women still reigns supreme in the minds of men. It has been even sanctifying over the ages by religion, myths and superstations. Despite these constitutional safeguards, India faces persistent challenges in translating these principles into action. Gender-based discrimination, violence against women, and disparities persist. Nevertheless, the Indian Constitution remains a resilient cornerstone for women's rights, continually inspiring legal and social advancements, and exemplifying India's unwavering commitment to nurturing a society where women's human rights are valued, protected, and realized.785 views -
Tribes and Forest: Securing Forest Rights and Livelihoods of Tribals
Student at Invertis University Bareilly, India.Pages 785 - 796Nearly 10.4 million tribes live in India, making up 8.6 percent of the country's total population and adding to its overall size by more than 15%. The tribe is extremely closely related to the forest, and they depend on the available forest resources for their survival and food. Government policymakers are forced to transform forest land into massive companies that once again move ahead to the indigenous people from their soils due to the continual drive for economic growth and market pressure on the government. Since the colonial era, forest policies have endangered indigenous members' rights to the forest and ignored their input when laws were being drafted. During the colonial era, the government took control of the right to manage the woods from the communities' hands. The postcolonial law has given tribal people a special status, but without comparable or better advancement in the law and administration in other areas, such as land acquisition, development-induced disarticulation, and political independence, it will not be able to address the issues with tribal people's human rights and means of subsistence.1,016 views -
The Comparative Study of Insider Trading
Research Scholar at School of Law, Hindustan Institute of Technology and Science, Padur, Chennai, IndiaPages 797 - 809The practice of insider trading is rapidly gaining prominence in tandem with the evolving landscape of our corporate era. In light of the flourishing presence of social media platforms, the realm of insider trading regulation has undergone a transformative evolution in recent years. The advent of technological advancements in the realm of information dissemination and market access has undeniably catalyzed the emergence of novel market structures, alongside innovative approaches to market manipulation. Unsurprisingly, individuals with privileged access exploit these lenient regulations to partake in the illicit practice of insider trading. The individuals provide directives to the company, urging the acquisition and disposition of shares at favorable prices, with the aim of augmenting the worth of their personal ownership interests It is imperative to acknowledge that the practice of unfair trading entails significant repercussions for investors, as it surreptitiously redistributes value from public investors to those with privileged access. The prevailing circumstances necessitate urgent measures to address the pervasive occurrence of white-collar offenses, particularly insider trading, and the consequential mispricing of equity markets prior to their listing on the securities exchange. It is imperative that effective control mechanisms be promptly implemented to rectify this situation. The present article delves into the intricate aspects surrounding the legal ramifications of insider trading, as they have evolved within the jurisdictions of the United States, the United Kingdom, and India. The article proceeds to conduct a thorough analysis of the comparative facets pertaining to the regulatory mechanism. The author endeavors to proffer a recommendation aimed at mitigating the pernicious phenomenon prevalent within the corporate realm.1,083 views -
Intransigent Offenders: How Law Struggles to Impact the Psychology of Rapists
Student at School of Law, Bennett University, Greater Noida, IndiaPages 810 - 817Understanding the psychology of rapists is crucial for shaping effective legal responses and ensuring justice for victims within the Indian legal system. This short article aims to explore the psychology of rapists, examine its implications in the context of Indian law, and discuss how psychological insights can influence judicial decisions. By delving into the psychological factors that contribute to rape and analyzing relevant Supreme Court decisions, the aim of this paper is to initiate a discussion on this complex issue and work towards more effective legal responses in India.749 views -
Policies, Laws and Relations between Europe and Russia in the Context of understanding Human Rights Violations and Economic Suppression
Student at Chandigarh University, IndiaPages 818 - 828This research paper has closely studied Euro-Russian Relations keeping various dimensions such as policies, laws and diplomatic relations in mind. The paper has started covering the duration of World War II to the current situation. The historical development of this relationship can be traced through long time back. The relations between the both are highly dependable over trade issues as well. Additionally, we have discussed the human rights violation which is performed by both continents on a rapid basis, that Russia has always been the centre of attraction for human rights activists but there are various European countries as well that are well known for their constant violations of human and civil rights.683 views -
The Significance of Amending the Constitution for Nation-Building
Research Scholar at Banaras Hindu University, IndiaPages 829 - 839Change is the basic principle of nature. As time passes, natural principles evolve and adapt. The time is not static. The life of a nation is dynamic, living and organic. With time, the life of a nation also changes. The people's political, social, and economic needs are also changing. Social ideals change from time to time. A country's Constitution must also be changed according to time, place and circumstances. There should be certain definite principles to amend the Constitution. Such a principle may be called 'amendment of the constitution'. The constitutional amendment procedure is made to solve future possible problems. A written Constitution is incomplete without amending, often the most crucial clauses. A constitution is a set of basic rules or principles that govern a country.989 views -
Human Rights and Good Governance in India: An Analysis
LL.M. Student at Chanakya National Law University, Patna, IndiaPages 840 - 856We as human beings live in the society having a governance mechanism which is under the control of the State. The State has provided us with certain rights by virtue of different Statutes out of which one of the most important is the Fundamental Rights as guaranteed by the Indian Constitution. But the concept of Human Rights differs as they are not provided by someone rather, they exist since our birth. They are not guaranteed by any State as these are universal rights inherited by all human beings because they exist as human beings irrespective of race, sex, religion, nationality, ethnicity, language, status etc. This does not mean that these rights are not protected by the State rather the State is under an obligation to protect the human rights of each individual and to aid in case of violation of the same. The Universal Declaration of Human Rights aims to provide the basic rights to human beings which is necessary for their survival. Good Governance is considered as an essential feature for a developing nation or state. Good Governance results in overall human development which directly aids in development of a Nation at large.1,073 views -
The Uniform Civil Code in India: A Quest for Equality and Social Justice
Ph. D. Research Scholar at Faculty of Law, University of Lucknow, IndiaPages 857 - 869The Uniform Civil Code (UCC), also known as "One Nation-One Law," is a complex and contentious matter in India, situated at the crossroads of law, culture and society. It is enshrined in Article 44 of the Indian Constitution as part of the Directive Principles of State Policy. India, known for its rich cultural diversity and religious pluralism, currently operates under a complex web of personal laws governing various aspects of life, such as marriage, divorce, inheritance and succession, based on an individual's religious affiliation. The UCC proposes a unified set of laws that would apply uniformly to all citizens, regardless of their religious background. Its significance lies in its potential to foster equality and social justice, aligning with India's secular and constitutional principles. This article seeks to comprehensively explore the UCC within the Indian context. It delves into its historical origins, examines arguments both in favour and against its implementation, analyses the legal and Constitutional dimensions, and discusses the challenges and prospects associated with putting it into practice. Recent developments and ongoing debates surrounding the UCC are also addressed, offering a balanced view of this multifaceted issue.1,299 views -
The Titanic Submersible Tragedy and its Legal Implications for the Adventure Tourism Industry
Student at Central University of South Bihar, Gaya, IndiaPages 870 - 877The tragic loss of a submersible with passengers on board during a Titanic wreck expedition in 2023 raises critical legal and safety concerns for the adventure tourism industry. Owned by OceanGate Expeditions, the uncertified submersible's operation prompts questions about regulatory lapses in the United States and Canada, where the company is based. The enforceability of liability waivers signed by passengers is scrutinized, emphasizing that fundamental rights like the right to life cannot be waived by simple contracts. This incident sheds light on the importance of safety regulations, certification, and international standards in adventure tourism. It also underscores the need to rebuild public trust while prioritizing safety and cooperation within the industry.972 views -
An Overview on Rules of Interpretation with special reference to Golden Rule
Student at Thakur Ramnarayan College of Law, Dahisar East, Mumbai, IndiaPages 878 - 884The golden rule of interpretation is a variation of the literal rule of interpretation. While the literal rule focuses on the exact meaning of the words in legal language, the golden rule interprets the words to avoid absurdities and inconsistencies that may arise from a literal interpretation. The golden rule alters both the language and grammar of the words used in statutes and other interpretative documents, thereby giving the intended meaning of the words. This paper will deal with critically analyzation of the golden rule of Interpretation. The paper is divided into five parts. In Part I, this paper deal with a brief introduction of the golden rule. Part II proceeds with the history and evolution of the golden rule and in Part III this paper will discuss the advantage and disadvantage of golden rule. In Part IV it throws light on the application of golden rule of interpretation of statute in India and in Part V, this paper will talk about the Criticism of the Golden Rule of Interpretation of Statutes.1,916 views -
Trademark Infringement in Keyword Advertising in India: A Case Study of Google
Student at Symbiosis Law School, Pune, IndiaPages 885 - 891In today's digital era, businesses harness the power of the internet to expand their online presence and attract a broader customer base. One potent tool in their digital arsenal is keyword advertising, which enables them to connect with and engage online customers effectively. This practice is facilitated by major search engines such as Yahoo, Google, and Bing, offering keyword advertising programs that allow advertisers to bid on and purchase keywords relevant to their products and services. When users input these acquired keywords into search engines, the corresponding company's website or advertisement gains priority visibility, leading to increased web traffic. However, challenges arose as companies began exploiting this approach by purchasing keywords associated with their competitors' trademarks, to ensure that their own websites would dominate search results when customers sought their competitors' offerings, potentially causing trademark infringement and marketplace confusion. This paper delves into two pivotal questions: 1. Does keyword advertising inherently result in trademark infringement? 2. Should Google or other search engines bear liability for selling trademarks as keywords? To address these inquiries, the article scrutinizes recent court rulings within the Indian jurisdiction. The accompanying literature review spotlights the intricacies and legal loopholes in trademark protection laws, emphasizing the urgent need for legislative updates to accommodate the complexities of digital advertising. Employing a mixed-methods approach, the research combines legal analysis, case studies, and academic research papers. The article focuses on recent Indian court cases revolving around Google's AdWords program, with a particular emphasis on determining whether Google's use of trademarks as keywords amounts to trademark infringement. Thus, this article study underscores the evolving nature of trademark law in the digital age and emphasizes the critical need to strike a balance between competitive advertising and robust trademark protection.1,090 views -
The Role of Court and Rule of Law in Legislation
Student at Thakur Ramnarayan College of Law, Mumbai, IndiaPages 892 - 899"The judiciary is more important than eyes in political development." India is the world's largest democracy. Democracy has three foundations: Law, order and administration. The effective functioning of democracy depends on these principles defined in the Constitution and functioning as independent institutions. The system of judicial review has been working satisfactorily since India's independence in 1947. In this country, justice may be delayed but never denied. Every person has the right to approach the courts whenever he feels that he has been deprived of his rights as a citizen of India. The whole process revealed that none of the country's top leaders could be called beyond doubt. In such circumstances, large and powerful lobbies are likely to work towards suppressing the processes of natural justice or discrediting the judiciary or the judicial process. Provisions are made to provide legal assistance to people who are too poor to pay for a lawyer. This ensures that everyone has access to justice. There is also concern that some interests may subvert justice through subtle changes. Many corrupt leaders, politicians and officials are still being tried on various charges. Many times, some bad content harms the judiciary and evades or delays justice, leading to absence of justice. Although there are laws for such cases in the country's justice system, victims are often unaware of these remedies. The judiciary continues to do its best despite the limitations. The law of the land should be allowed to prevail. This can only be done by strengthening the judiciary. The prompt and effective administration of justice must be guaranteed to everyone. There is no doubt that politicians and officials have failed in their duty to provide the people of this country with a clean, honest and acceptable government. Only judges can speak without fear or dislike. India will survive only if the judiciary survives. If Indian justice is closed, India will die. No power, no matter how great, should be allowed to get in the way of the judiciary. Honesty and honesty are the soul of this country. Justice is the only hope of this country.931 views -
Judicial Stewardship of Secularism and Religious Sentiments in India: A Comprehensive Examination
Assistant Professor at Birla Global University, Odisha, IndiaPages 900 - 930India, a diverse and culturally rich nation, has long grappled with the delicate task of maintaining secularism while respecting the deeply held religious sentiments of its people. At the core of this endeavor lies the pivotal role of the judiciary in interpreting and applying the principles of secularism within the framework of the Indian Constitution. This research paper delves into the intricate relationship between secularism and religious sentiments in India and examines the multifaceted role of the judiciary in navigating this complex terrain. This research paper explores the nuanced interplay between secularism and religious sentiments in India and investigates the pivotal role of the judiciary in shaping and maintaining this delicate balance. The paper hilightened the inherent diversity and pluralism within Indian society and the framers' intent to create a secular state. It examines the concept of secularism within the Indian Constitution, tracing its evolution and the key provisions related to religious freedom and equality. This research paper delves into the critical role played by the judiciary in interpreting and applying these constitutional provisions. It analyzes landmark cases and judicial decisions that have defined the contours of secularism in India, particularly those that involve sensitive religious issues and sentiments. The paper also explores instances where judicial interpretations have been both lauded and criticized for their impact on minority and majority religious communities. Furthermore, this paper addresses the complexities of balancing secularism with religious sentiments in a diverse nation like India. It discusses how the judiciary has often acted as a guardian of individual rights and a protector of secular values, but also how its decisions can sometimes be perceived as favoring certain religious groups. It offers insights into the broader implications of judicial decisions on the secular fabric of the nation and underscores the importance of a well-balanced and impartial judiciary in upholding the ideals of India's constitutional framework.1,219 views -
The Role of Ejusdem Generis in Legal Interpretation
Student at Thakur Ramnarayan College of Law, IndiaPages 931 - 939The principle of Ejusdem Generis is one from the general principles of interpretation introduced to interpret loosely written statutes. There is ambiguous language in statutes, and other legal documents which cannot be encoded, this research paper explores the foundational principle of “ejusdem generis” in the field of legal interpretation. The study beings by delving into the historical development of ejusdem generis, tracing its origins in ancient to its integration into modern legal systems. It examines how ejusdem generis contributes to decipher ambiguity in legal language, ultimately enhancing the clarity and effectiveness of statutes. Through an analysis of notable legal cases, this research illuminates the pivotal role ejusdem generis plays in maintaining legislative intent. To boot, this paper examines the nuanced, applications of ejusdem generis across diverse legal domains. In an era characterized by evolving jurisprudence and complex legislation, understanding the intricacies of ejusdem generis is essential for legal scholars, practitioners, and policymakers alike. This research paper contributes to the ongoing discourse on statutory interpretation by shedding light on the multifaceted dimensions of ejusdem generis.1,419 views -
Rethinking Beef Laws vis-a-vis its Constitutional Rationality
Student at XIM University, IndiaPages 940 - 950This research paper is intended to expound on the evolution i.e. historical facets and the contemporary position of the rationale behind beef laws across the globe. The author intends to provide its readers with an assiduous understanding of the religious sentiments analogous with cattle slaughter across the nation. India being a multilingual and democratic welfare nation, the rule of law here commands for the welfare of the citizens and the country at large. Cattles, being a highly important economic medium both alive and in its meat form, creates perplexity as to what serves for the better economic growth. The author also intends to dive deep into the constitutional validity of the administrative and executive discretions exercised in so far as beef laws are in question. India, aims towards unified legal statutes and governance, however the author has drawn analogies which pose a little doubt, so far as uniformity is concerned in matters of cattle slaughter. The paper comes to a gradual halt, after the cattles slaughter laws have been described concisely keeping the religious doctrines at par followed by administration retaliation by probing into contemporaneous judgments. Adequate international references have also been drawn to give a holistic view on the subject. The author, at the culmination stage, has come up with a bunch of humble recommendations that have been gathered after extensive research with an aim to provide its readers with an insightful and enriching learning experience.921 views -
Ignorantia Legis and Facti: Untamable Defences in Law and Fact within the Spirit of the Ghanaian Constitutional and Criminal Laws
Lead Consultant at E-Group Research Consulting Ghana Ltd. Co., Greater Accra, Accra, GhanaPages 951 - 966This paper aimed to shed light on ignorantia legis and facti, by examining the historical context of these defences, highlighting their importance in ensuring justice, and advocating for their recognition in the Ghanaian legal system. Ignorantia legis and facti are considered full defences within Ghanaian Criminal Jurisprudence but for the technical wordings of the codes in the jurisdiction. Historical case laws provided ample evidence of their successful application. These doctrines acknowledged that individuals cannot be held accountable for actions they were unaware were illegal or factual mistakes they genuinely believed to be true. The Ghanaian Criminal and Other Offences Act, further solidified this notion by allowing both mistake of fact and law as valid defences. However, there have been cases where the courts have misruled and wrongly assumed that ignorantia legis and facti was not a defence under the Ghanaian Criminal and Other Offences Act. Notwithstanding, the paper established that these doctrines, when interpreted and construed properly within the spirit of the Ghanaian Constitution and the Ghanaian Criminal and Other Offences Act, can ensure that justice in accordance with the tenets of the Ghanaian Constitution is delivered.1,934 views -
A Critical Analysis on the Role of ADR in Solving Sports related Disputes
Student at Department of Law, Jammu University, IndiaPages 967 - 979Alternative Dispute Resolution (ADR) twirls and pirouetting around the traditional judicial system to settle conflicts. It's a go-to option when athletes, coaches, and teams need disputes to be settled quickly and effectively. The efficiency and low cost of ADR make it a powerful tool in the fight against disagreements. However, ADR, like any other approach, has its own set of restrictions that make it inappropriate for specific disputes. The capacity to save money compared to the lengthy judicial process is a shining example of the value of alternative dispute resolution. This is especially helpful for athletes and coaches who may not have the financial wherewithal to sustain a lengthy legal battle. As an added bonus, the flexibility of ADR means that disagreements can be resolved more quickly. In tense situations involving sports, this trait is crucial since it allows players and coaches to focus completely on their endeavours. One of the many benefits of alternative dispute resolution is that it encourages open communication between players and coaches. This laid-back setting encourages honest and fruitful conversation, which in turn facilitates the efficient settlement of conflicts. However, ADR is not perfect and can have its drawbacks. Its inconsistency with certain disagreements is a major negative. The legal system is often called upon to resolve matters involving serious crimes or personal injury. Furthermore, alternative conflict resolution may not be sufficient for cases with intricate legal complexities. The lack of binding power is another flaw of alternative dispute resolution. That is to say, if one side is still unhappy with the results of the ADR procedure, they can always go to court. This might spark an expensive and time-consuming court struggle. Finally, it's clear that ADR has what it takes to settle legal conflicts involving sports. It's an attractive substitute to going to court because of its low cost, short processing time, and casual atmosphere. However, its limitations must also be recognised, and its applicability to different conflicts must be thoroughly investigated. To fully examine the value of alternative dispute resolution (ADR) in the context of sports-related disputes, it is necessary to examine its advantages, disadvantages, and governing legal framework.1,283 views -
An Overview on the Literal Rule of Interpretation of Statute
Student at Thakur Ramnarayan College of Law, Dahisar East, Mumbai, IndiaPages 980 - 985Grammatical/Literal Rule of Interpretation is the primary rule of Interpretation, the first principle of interpretation is Literal or Grammatical Interpretation. The epithets ‘natural’, ‘ordinary’, ‘literal’, ‘grammatical’ and ‘popular’ are employed almost interchangeably. Literal Rule is where the Judges interpret the legislation that the Parliament has passed. This rule is the basis of all the Court decisions in relation to the Statutes. Here judges rely on the exact wording of the statute for the case. They don’t interpret meaning. This research paper will deal with an overview role on Literal Rule of Interpretation of Statute. The research is divided into six parts, whereas it examines how the rule of literal rule is applied in statutory interpretation in India. As every coin has two side this research will further discuss the advantages and disadvantages of literal rule. Through an analysis of Indian legal case this research will light up the role of literal rule on interpretation of statute in India. In summary, the literal rule of interpretation involves interpreting statutory provisions based on their literal and grammatical meaning, prioritizing the exact meaning of the statute, law.2,066 views -
International Comparative Analysis of Cross Border Insolvency
Advocate at Allahabad High Court, IndiaPages 986 - 997There is currently no adequate structure on the topic related to cross border insolvency in our country. The provision of Cross Border Insolvency to be inserted in the code as it is inserted today, and for that purpose the draft has been made by the committee as presented as a Bill, that would be enacted. It can be noted that there is no scheduled time frame for the revisions but sources specify that Government has taking initiatives for the implementation of new chapters in the code. Irrespective of the provisions inserted in the Code of cross border insolvency by the government, the main issue will remain as the cooperation from the foreign states in the matter of insolvency as the settlement might be very complicated regarding the jurisdiction of the other country. In this Research Work, the researcher will focus on the cross border insolvency matters and the lacunas that should be addressed in context of effective implementation of the code.725 views -
The Industrial Relations Code, 2020: A Critique
Assistant Professor at Government Law College, Karaikudi, IndiaPages 998 - 1007The Ministry of Labour and Employment has introduced many labour reforms. Among them, one of the labour reforms is to consolidate and amend the 29 labour laws into 4 codes. Out of the 29 existing labour laws, The Industrial Relations Code 2020 replaces the 3 existing laws, i.e., The Trade Unions Act, 1926; The Industrial Employment (Standing Orders) Act, 1946; and the Industrial Disputes Act, 1947. This code also introduced new provisions. The Central Government decided to ascertain the status of labour laws whether they are really beneficial to workers or not and whether any labour law is preventing them from making any progress. This paper makes a comprehensive analysis of the Industrial Relations Code 2020 vis-à-vis the earlier laws and an attempt has been made to critically analyse the various provisions of the code and their implications on labour.1,531 views -
Navigating the Digital Currents: Unmasking the Mirage of Financial Influencers
Student at Amity University, Chhattisgarh, IndiaPages 1008 - 1013In today’s digital world, we have seen a shift from traditional advertising to a new group of online figures known as social media influencers. In the finance realm, they are often called “finfluencers”. These individuals have built large followings and offer financial advice on platforms like Telegram, YouTube and Instagram. They mainly target people who are new to investing and looking for guidance in stock market investing. However, there’s a worrying trend where some of these finfluencers manipulate stock prices and give the advice to benefit themselves, often at the expense of unsuspecting investors. This has become a concern for regulators whose main job is investor protection. This article highlights that the existing regulatory framework struggles to effectively regulate finfluencers and suggests strategies that the Securities and Exchange Board of India (hereinafter “SEBI”) can use to address these challenges and safeguard the interests of investors as the financial world continues to evolve in the digital age.744 views -
Broadcasting Rights and IP Issues: Protection of Broadcasting Rights
Assistant Professor at National Law Institute University, Bhopal, MP, IndiaPages 1014 - 1027In this research paper, an attempt has been made to understand, study and analyze broadcasting and IP Laws. In particular, the subject of research has been broadcasting rights against signal piracy. In this paper, the scope of the study is not just limited to India but a broadened horizon is considered, by studying the important aspect of International Perspective and efforts. This research begins with the hypothesis, which works on the assumption that there exists a gap between IP laws and Broadcasting rights. And this stems from the problem that there exists a vacuum in the protection of broadcasting rights which gives rise to further challenges. In the course of research, the conclusion is drawn towards acceptance of the hypothesis undertaken. Due to the advancing technologies and a sense of lassitude in updating the relevant laws and treaties, this vacuum comes to exist.845 views -
Assisted Suicide
Student at Amity Law University, Noida, IndiaPages 1028 - 1041Assisted suicide means helping a person to end his/her life at his/her request. Most of the people misunderstand assisted suicide and euthanasia as same. However, there is a marginal difference between assisted suicide and euthanasia. Euthanasia is ending a person’s life to stop his/her suffering without taking acknowledgement of that person. Article 309 of Indian Penal Code (IPC) penalise those who attempt to commit suicide. Article 306 of IPC penalise those who abets someone to commit suicide. Netherlands is the first country to decriminalise assisted suicide in 2002. Assisted suicide contains many technicalities and doctors play a vital role in assisted suicide. Assisted suicide is not a legal right of a citizen but it is a mere discretion of doctors as well as legal framework. Every coin has two sides so as the assisted suicide. For years assisted suicide has been a topic of discussion. Assisted suicide is legal in most of the European countries like Netherlands, Belgium, Canada, Switzerland etc but in India it is still illegal. Assisted suicide is a vast and controversial topic. India needs to improve its legal framework to have vigilant check before the legalisation of assisted suicide.1,200 views -
Media Trail Impact on Indian Judiciary
Student at Bharati Vidyapeeth New Law College, Pune, IndiaPages 1042 - 1052The phenomenon of media trials has gained significant attention in recent years, posing a serious threat to the Indian judicial system. Media trials refer to the sensationalized and often biased coverage of legal cases by the media, which can have far-reaching consequences on the fair administration of justice. This abstract explores the impact of media trials on the Indian judicial system, examining their implications for the principles of fairness, impartiality, and the presumption of innocence. The paper begins by defining media trials and providing an overview of the Indian judicial system. It highlights the importance of a fair judicial system and establishes the thesis that media trials pose a threat to it. The next section delves into the understanding of media trials, including their characteristics and different forms of media coverage, such as print, electronic, and social media. Notable high-profile cases in India are cited to illustrate the prevalence and influence of media trials. The paper then examines the various ways in which media trials affect the judicial system. It discusses the role of public opinion in shaping trial outcomes, emphasizing the potential bias and prejudgment it introduces. The principles of the presumption of innocence and the right to a fair trial are explored in the context of media trials, highlighting how media coverage can jeopardize these fundamental tenets. The distortion of facts and sensationalism by the media further exacerbate the problem, compromising the objectivity and impartiality required in the legal process. Additionally, the impact on the independence and decision-making of the judiciary is examined. The paper also addresses the ethical considerations surrounding media trials, emphasizing the responsibilities of the media in reporting legal matters and the need for adherence to professional guidelines. It explores the delicate balance between freedom of the press and the right to a fair trial. In conclusion, media trials in India undermine the principles of fairness, impartiality, and the presumption of innocence that form the bedrock of the judicial system. Addressing this issue is crucial to uphold the integrity and effectiveness of the Indian judicial system. It requires concerted efforts from all stakeholders, including the media, the judiciary, and policymakers, to strike a balance between the right to information and the right to a fair trial.1,123 views -
Doctrine of Eclipse
Student at Thakur Ramnarayan College of Law, Dahisar East, Mumbai, IndiaPages 1053 - 1059Doctrine of eclipse is contended in Article 13(1) of the Indian charter. Article thirteen states that any law which become made before the graduation of the charter have to be regular with the component III of the Indian charter. If any statue that's inconsistence with the provisions supplied underneath element III of the Indian constitution such statue shall emerge as void. on the same time such statue shall no longer be treated as useless but can be within the moribund condition till and until it's far abolished through the Parliament. As a result, any regulation prior to independence if it infringes or is in battle with the fundamental rights then it need to be void up to that inconsistency. It does not make the complete law void however that a part of law that's inconsistent with part-III of the Indian constitution could be void. The regulation isn't dead however can be in moribund circumstance and is at disposal of parliament. If any subsequent amendment to the Constitution removes the inconsistency or contradiction of the existing law with the fundamental rights, then the Eclipse will disappear and that particular law will again become active.1,512 views -
Remission and Commutation of Sentences a Social Perspective
Student at University of Petroleum & Energy Studies, IndiaPages 1060 - 1067Law always had substantive questions regarding morality and sociality and the correlation between the two. A logical legal system is one to crave for in every nation. But, our constitutional structure is one that keeps people and their representatives above everyone else. Opinions of the populace and media can sometimes affect our very legal system and even the laws which we are bound by. It isn’t necessarily true that justice always prevails. In India there are 59,87,477 pending cases in the High Courts across the country. This number clearly indicates that the courts are overburdened and the executive is sharing that weight along with the judiciary. The courts endeavor to pass decisions in light of justice, equity and good conscience. However, even the hands of justice are tied sometimes especially when things are out of their power. One such function/issue/topic/conundrum or part of the legal system that are not within the inherent powers of the judiciary are the ability to grant pardons, remissions and commutation of sentences. Such powers are vested in the hands of the State, essentially, the executive. They are more threatened to be misused because of corruption and malpractices by people of status. In this article we shall discuss the laws relating to pardons, remission and commutation of sentences in India along with various case studies and also discuss remissions with particular emphasis on sociality, morality and justice.857 views -
Role of Social Media as Challenges and Opportunities in Corporate Governance
LL.M. Student at Chanakya National Law University, Patna, IndiaPages 1068 - 1075Social media is considered as any digital space where people from different cultures, places and backgrounds come together to communicate and interact with others. It is a platform where people create, share or exchange information and ideas in virtual communities and networks. Social media is an internet-based system which gives users a quick electronic response to any communication, providing documents, videos or any other personal information. It covers a wide range of various websites and apps. Some of them are included Facebook, Instagram, Twitter, and YouTube etc., Facebook and Instagram are specialized in sharing videos and photos while others like Twitter is specialized in sharing links and short written messages. The users who want to use social media need to make an account on that platform. Any user who wants to sign in to their account on social media apps and websites needs to have internet access. The users having an account on social media platform can use it to share content whatever they want to in the form of photos or videos, or whatever content they choose to share reaches to anyone whoever visits their profile or pages. According to the few Research Center, social media users tend to be younger. Nearly 90% of people between the ages of 18 and 29 used at least one form of social media. Further, these users tend to be better educated and relatively wealthy, or earning over $75,000 per year.712 views -
Protection of Right to Decent Work and Dignity for Domestic Workers: Analysis of the Constitutional, Legislative and Juridical Framework
Ph. D. Research Scholar at Hindustan University, Faculty of Law, Vellore, IndiaPages 1076 - 1089Among all categories of the informal sector, the protection of domestic workers forms one of the biggest challenges to labor laws. The intrinsic work associated in the day to day life of a domestic worker makes them more vulnerable than other workers in the economy. They work for non-business purposes. In this manner, the work involved being in a private space with lack of proper regulation and guidelines cause the domestic workers without basic protection. It is, in this manner, necessary to foster an arrangement of social security that can manage the cost of satisfactory assurance to domestic workers, with less involvement of the state in the issues of the family. This paper aims to review various research works related to social, psychological, economic, health, legal, and constitutional frameworks for domestic workers. In this segment, the findings highlight the information through which has been critically analyzed to establish the similarities, dissimilarities, and unaddressed areas of domestic workers. These ideas have been made in the wake of undertaking an investigation of existing lawful arrangements for domestic workers in India and the accepted procedures from different jurisdictions that have seen relative achievement in providing social security to domestic workers. They emphasized from their research work that India holds up far behind other developing and developed nations in extending constitutional rights for domestic workers. The present study urges to study and reveal the various constitutional requirement for the protection of domestic workers. This article is to look at the situation with Domestic Workers and the legitimate system for nice work for Domestic specialists in India. The examination is done considering the Constitutional command, legal proclamations and ILO's respectable work plan. The significance of Domestic work area and have to perceive ' Domestic work" as "work". The subsequent part tends to the vital difficulties and issues looked by homegrown laborers. The third part inspects the established and official structure that tries to safeguard the interest of Domestic Workers and guarantee them the right of respectable work. At last, it examines the significant legal proclamations with respect to the freedoms Of Domestic Workers739 views -
Meeting Point of Trade Mark and Geographical Indication: A Case Study of Budweiser Controversy
Ph.D. Research Scholar at Dr. Ram Manohar Lohia National Law University, IndiaPages 1090 - 1098This research paper provides a concise overview of the complex legal landscape surrounding trademarks and geographical indications, with a specific focus on the Budweiser case law. Trademarks and geographical indications play pivotal roles in protecting the rights and interests of producers, consumers, and regional economies. The Budweiser case law serves as an illustrative example of the intricate legal challenges that arise in reconciling these two vital intellectual property concepts. Trademarks are fundamental to brand identity, offering exclusive rights to distinguish goods and services in the market. Geographical indications, on the other hand, safeguard products' origin-based qualities, fostering regional identity and economic growth. The Budweiser case involves a beer producer in Budweiserland, known for its unique brewing techniques and flavors. The producer registered "Budweiser" as a trademark, seeking to capitalize on its reputation. Local authorities and competing producers, however, argue that "Budweiser" should be protected as a geographical indication, representing the region's beer-making heritage. This research paper explores the legal questions raised by the Budweiser case law, such as the compatibility of trademarks and geographical indications and the potential for consumer confusion. It delves into the need for a balanced legal framework that respects both forms of intellectual property, preserving the commercial interests of producers while honoring the cultural and economic significance of geographical indications. The evolving legal landscape necessitates nuanced solutions to ensure the coexistence and fair protection of intellectual property concepts, fostering innovation, cultural preservation, and economic growth in a globalized world.798 views -
Confluence of Religious and Constitutional Morality: An Interpretation by Supreme Court
Ph.D. Research Scholar at Banaras Hindu University, Varanasi, IndiaPages 1099 - 1117India, known for its rich tapestry of cultures, religions, and traditions, has grappled with the intricate interplay between constitutional morality and religious morality since its inception as a modern nation-state. Constitutional morality, enshrined in the Indian Constitution, reflects the secular and democratic principles upon which the nation was founded. It emphasizes individual rights, social justice, and the rule of law, serving as a guiding framework for governance and societal development. However, India's religious diversity, with its myriad belief systems and practices, has often led to tensions between constitutional and religious morals. Religious morality, deeply rooted in India's history, shapes the ethical compass of its citizens. The country is home to several major religions, including Hinduism, Islam, Christianity, Sikhism, Buddhism, and Jainism, each with its unique set of values and beliefs. These religious moralities can sometimes clash with constitutional principles, particularly in areas such as personal laws, freedom of expression, and cultural practices. This paper explores the nuanced relationship between these two moralities in the Indian context, shedding light on the challenges and opportunities they present for a diverse and pluralistic society. It also discusses how the Indian judiciary has played a crucial role in striking a balance between constitutional and religious morality, often through landmark judgments.1,347 views -
Age of Consent Law under the POCSO Act: Whether it is a Boon or Bane for the Society
Ph.D. Research Scholar at Guru Gobind Singh Indraprastha University, IndiaPages 1118 - 1122The child abuse was considered as a heinous crime and there was no special law catering to this crime. Therefore, the legislature provided for the POCSO Act 2012 to deal with the crimes related to the children. But the increase in the number of cases under POCSO Act shows that the law needs amendment in the law. The judiciary while adjudicating the cases related to POCSO Act laid down several guidelines to interpret the law and also suggested for the change in the law as the present law was not suitable in the prevalent society. The researcher will use the doctrinal method to analyse the law and its implications. The researcher would also like to discuss some landmark case laws related to the subject. The researcher had analyzed that the present law wherein the age of the child is 18 years old needs to be reduced as there are huge number of cases which fall in the category of POCSO Act 2012 are consensual relationship. Due to the digital and social media era, the children are exposed to the adult content and therefore considers such relationship to be normal and also considers that they have a right on their own body thereby such cases can be fall in some other category of offences and cannot bring under the POCSO Act 2012. Implications: The law on age of consent needs to be revised as per international standards and in many other countries is 16 years. In order to use the Act more effectively and fairly in dealing with criminals while also preventing its abuse by unscrupulous members of society, a number of gaps and inconsistencies have been found during its operation and implementation at the local level. These issues need to be fixed.848 views -
The Law Enforcement against Children Perpetrators of Traffic Accidents in the Magelang Jurisdiction, Indonesia
Master of Law Student at Universitas Dirgantara Marsekal Suryadarma, IndonesiaPages 1123 - 1128Law enforcement is an important aspect of creating orderly traffic. The application of legal sanctions against perpetrators of traffic violations needs to be applied fairly, including legal sanctions against children who commit traffic violations. This study is normative research, with prescriptive specifications. The approach method used in this research was a statutory approach to cases that occur—and the data required consisted of primary and secondary data. The data analysis method carried out was inductive analysis, namely an analysis method carried out by providing a clearer picture of law enforcement against children perpetrators of traffic accidents. Based on the results of the research and discussion regarding law enforcement against children perpetrators of traffic accidents in the Magelang jurisdiction, it can be concluded that law enforcement officials still provide sanctions even though they still have to consider the legal aspects contained in the Juvenile Justice System. Sanctions imposed on children perpetrators of traffic accidents in the Magelang jurisdiction, specifically for traffic accidents resulting in loss of life of the victim, legal settlements are carried out through diversion. The basis for considering sanctions against children perpetrators of traffic accidents in the Magelang jurisdiction is in accordance with the laws in the Juvenile Justice System laws, in principle that there is no element of deprivation of children's rights.794 views -
Paradigms of Prisoner’s Rights: International and Indian Perspective
Student at Shobhit Institute of Engineering and Technology, Meerut, UP, IndiaPages 1129 - 1137Human rights constitute a major role in the development of the society, if with the evolvement of the society the human rights are not guaranteed to people, development of the society will not be that effective as it could be, this is the reason why the basic human rights are always guaranteed to the people internationally as well as at the national level. In this article the author will majorly focus on the rights of the prisoners, guaranteed to prisoners by international law as well as by national law, with the help of judicial precedents. There are many kinds of prisoners Foreign National Prisoners (FNPs), undertrial prisoners, etc. There are various international instruments that have acknowledged the rights of prisoners including the ICCPR, the ICSER and the UN Standard Minimum Rules for the Treatment of Prisoners (also known as the Mandela Rules) reflect the significance of the reformative process while executing a sentence of imprisonment. In this paper prisoners’ rights from Indian perspective and international perspective both are discussed comprehensively.725 views -
Unveiling the Crisis of Human Rights Abuses in Indian Prisons: A Call for Reform, Rehabilitation, and Justice to Preserve Human Dignity behind Bars and Beyond
Student at Markaz Law College, Kozhikode, IndiaPages 1138 - 1157For the sake of justice, human dignity, and a just society, it is critical to address human rights violations in Indian prisons, such as poor healthcare, torture, and protracted pretrial detention, which not only harm prisoners but also violence and crime. This study examines the serious problem of human rights abuses within the Indian penal system, shedding light on the situation of those who are imprisoned and the structural flaws that contribute to these abuses. In order to thoroughly examine the difficulties and opportunities for reform within the Indian prison system, this research paper uses a multifaceted methodology that combines an extensive literature review, legal analysis, and case studies. It serves as a wake-up call by outlining pervasive human rights abuses, holding authorities responsible, and presenting evidence-based suggestions for significant reforms. The serious consequences of human rights violations in prisons for both individuals and society at large give rise to the urgency of this research. The larger objective of enhancing the rule of law and upholding justice and equity in India is furthered by protecting prisoners' rights. This paper is a strong call to action for comprehensive prison reform that prioritizes rehabilitation, reintegration, the inherent worth of everyone, even those who have committed crimes, and promoting a criminal justice system that is fairer and more compassionate.915 views -
De-Dollarisation: An Inquiry into the Rise and Fall of the Dollar
Student at Ashoka University & Exchange Student of Master's in international Economic Policy at Sciences Po, Paris, FrancePages 1158 -1171This research paper delves into the intricate dynamics of the international financial system, with a primary focus on the enduring dominance of the US dollar and the growing global movement toward de-dollarization. It traces the historical evolution of the dollar's role as the world's primary reserve currency against the backdrop of the British pound's decline, examining both the factors that have sustained its prominence and those contributing to its diminishing influence. With a deep dive into the geoeconomic context since the 1970s, the paper highlights the undeniable benefits the United States has reaped from its dollar-centric system, often at the expense of other nations, whether industrialised or developing. It scrutinises the strategic use of the dollar as a tool for achieving geopolitical objectives, as seen in sanctions imposed on various countries. Furthermore, the research assesses global efforts to de-dollarize the international economy, evaluating the pros and cons of this endeavour. It explores potential scenarios for the dollar's future in relation to emerging currencies like the Chinese renminbi and the euro, as well as the feasibility of a global currency basket. In addition to payment modes, the paper explores means of payments that play pivotal roles in global cross-border transactions. It underscores the factors driving changes in payment infrastructure and their implications for the dollar and other currencies in transactions. Drawing from secondary research and critical discourse analysis on de-dollarization, this paper synthesises fragmented insights into a coherent narrative, facilitating a holistic understanding of the global economic paradigm and the pivotal role played by the US dollar. In our volatile and uncertain world, it explores the potential impacts of emerging technologies, shifting geo-economics, and the rise of non-Western powers on all stakeholders in the financial realm.2,035 views -
Harmonizing Diversity: Analyzing the Prospects and Challenges of Implementing a Uniform Civil Code in India
Research Scholar at Faculty of Law, University of Allahabad, IndiaPages 1172 - 1192India, a country renowned for its extensive cultural diversity and inclusive society, has been engaged in a prolonged deliberation on the potential adoption of a Uniform Civil Code (UCC). The UCC aims to provide a uniform set of personal rules pertaining to crucial aspects such as marriage, divorce, inheritance, and property, applicable to all religious communities inside the nation. This research study explores the various complex aspects of the Uniform Civil Code (UCC) discourse in India, with the objective of offering a thorough examination of the potential benefits and obstacles linked to its enactment. The paper commences by doing an examination of the historical backdrop surrounding personal laws in India, with a focus on their origins in colonial legacies and religious traditions. The subsequent analysis examines the constitutional framework and judicial decisions that have shaped the discourse surrounding the Uniform Civil Code (UCC), placing particular emphasis on the imperative of establishing a legal system that is both secular and equitable. This research undertakes a comprehensive analysis of the current scholarly literature and empirical evidence to explore the socio-cultural and political factors that have influenced the discourse surrounding the Uniform Civil Code (UCC). The text elucidates the contrasting viewpoints held by different religious groups, proponents of women's rights, and legal scholars, thereby emphasizing the intricate intricacies of the matter. Moreover, the present research article undertakes an examination of international precedents and case studies pertaining to nations that have implemented unified civil codes. This endeavor aims to extract significant lessons and insights that can be applied to the specific circumstances of India. The study provides a comprehensive analysis of the potential advantages associated with the implementation of a Uniform Civil Code (UCC). These benefits encompass the facilitation of gender equality, the simplification of legal processes, and the mitigation of societal conflicts. Concurrently, it tackles the substantial obstacles that are of considerable magnitude, including apprehensions over cultural and religious self-governance, political opposition, and the imperative for meticulous legal formulation.888 views -
Whether India gets the Intellectual Capability of Jurisprudence through the School of Contemporary Jurisprudence along with considering the impact of Contemporary Jurisprudence upon following Democratic and Judicial Structure
Student at Punjab University Chandigarh, IndiaPages 1193 -1198whether India has gained the Intellectual Capability of Jurisprudence. An analysis is for estimating the shape of the proposed Democratic and Judicial System as per the philosophical view of Contemporary Jurisprudence. Examine the ground on which the present Democratic and Judicial System has been denied by Contemporary Jurisprudence. An analysis of for estimate the, what types of changes to be made in the futuristic Democratic System and Judiciary System as per Contemporary Jurisprudence.592 views -
Anaesthesia Practice and the Law within the Global Lens: International Medical Jurisprudential Analysis
Anaesthetist at Korle-Bu Teaching Hospital, Greater Accra, GhanaPages 1199 - 1236The analysis of anaesthesia practice and the law within the global lens has provided valuable insights into the international landscape of this medical specialty. The analysis of selected case laws from common law jurisdictions further emphasized the importance of legal frameworks in ensuring patient safety and professional accountability. By comparing Ghanaian medical laws with international practices, it became evident that there are both similarities and differences in how anaesthesia practice is regulated. While Ghanaian laws provide a solid foundation for ensuring patient safety, there are areas where alignment with international standards could be improved. This comparison serves as a starting point for further discussions on harmonizing anaesthesia practice laws globally. It is crucial for healthcare professionals, policymakers, and legal experts to collaborate in order to develop comprehensive and effective regulations that protect patients while allowing for advancements in anaesthesia practice. By contextualizing the practice within Ghanaian medical laws and related professional practice laws, this paper has shed light on the challenges faced by practitioners in navigating legal frameworks. In conclusion, through a thorough analysis, the paper highlighted the importance of understanding legal boundaries and regulations within this field. The findings shed light on potential liabilities and challenges faced by practitioners, emphasizing the need for clear guidelines to ensure patient safety and professional accountability. This paper serves as a valuable resource for anesthesiologists seeking to navigate their practice within legal frameworks while providing optimal care to their patients.786 views -
Mental Harassment against Women at Workplace: “Unmasking the Silent Agony”
Assistant Professor at Vels University, Pallavaram, Chennai, IndiaPages 1237 - 1249This article delves into the pervasive issue of mental harassment, with a focus on its occurrence in workplaces, particularly towards women. It explores the evolution of the concept of mental harassment in the Indian legal system, shedding light on the lack of specific provisions to address it effectively. The article highlights the challenges faced by victims of mental harassment, including the lack of support, stigma, and limited legal recourse. It also discusses legal provisions within the Indian Penal Code and relevant acts to combat workplace harassment. Furthermore, the article examines global instances of power harassment in Japan and International conventions like CEDAW. It concludes by emphasizing the importance of proactive measures by organizations and legal recourse options for victims.950 views -
Beyond PESA: Navigating the Nuances
Student at Jindal Global Law School, IndiaPages 1250 - 1257The Panchayat (Extension to Schedule Area) Act, 1996 (PESA) was designed to implement the constitutional requirement of self-government in Adivasi regions. It aimed to empower the gram sabha (village council) to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and customary dispute resolution practices. The goal of strengthening local institutions for sustainable self-government was a long held aspiration, originally championed by Mahatma Gandhi for post-independence India. The realisation of this dream came 45 years later with the 73rd Constitutional Amendment Act 1993, which provided a structural framework for the traditional self-governing institutions, ensuring their effectiveness. This amendment aimed for democratic decentralization, where decision making is downwardly countable through statutory bodies, notably the Panchayat Raj system in India. PESA was an extension of the principles of Part IX of the Constitution and the 5th Schedule and it intended to stablish a more robust form of decentralisation. It mandated the evolution of certain political, administrative and fiscal powers to local governments elected by Adivasi communities in their jurisdiction . It’s objective was to engage Adivasi communities in limited self-governance and empower them to protect their customs and manage community resources. However, the ostensible radical approach of the government where it sought to achieve a bottom up form of governance, ended up vesting eminent domain to the state, thereby heading towards centralisation and standardisation in the guise of participatory democracy.891 views -
Victims of the Health Crisis
Assistant Professor at School of Law VISTAS, IndiaPages 1258 - 1270When a health crisis strikes, it is impractical to identify a single victim or a category of victims. All persons of the society become sufferers of the health crisis, regardless of the financial, societal or health status, all persons would be forced to undergo the consequences of the crisis in their own way. In the light of the covid 19 induced health crisis, we shall take a look at how the victims of covid 19 were dealt under the existing legal framework for which the reliance is being made on various judicial decisions and various government orders issued during the pandemic time. Thus a few categorizations of victims are being made in this part and the part also focusses on legal framework in existence to address the grievances of the victims.591 views -
Patenting of Life Forms: A Comparative Study of United States and Indian Laws
PhD Candidate at Faculty of Law, University of Lucknow, IndiaPages 1271 - 1277With the rise of Biotechnology the rise in attempts of owning Intellectual Property Rights over the invented method and products involving living forms has increased across the world. Despite having International Agreements like TRIPS and multilateral supervisory bodies like WIPO and WTO the approach towards the issue is not uniform across the world. Despite such difference in approach certain issues and concerns remain common to all legal systems such as the effect of exclusivity arising from granting of such rights more so in light of the fact that a welfare State has a duty to protect its citizens which involves ensuring right to health and that too at affordable rates which brings into question the unique issues faced by Developing States and third world states which are mostly under developed, in contrast to Developed States. Hence the present study becomes relevant.772 views -
Contractual Liabilities for Reducing Environmental Pollution in Marine Transportation: An Analysis
Student at Tamil Nadu National Law University, IndiaPages 1278 - 1284The contemporary era has seen maritime transportation of goods playing a pivotal role in global trade. With the increase in such practices, it became imperative to establish international regulations governing the same. The changing needs and wants on international carriage of goods by seas brought in several new requirements, one of which was eco-friendly shipping. Despite global acknowledgement of its importance, practical implementation remains elusive. Similar to other transportation modes, ships emit carbon dioxide, and can occasionally be seen to have unfortunate accidents during transit which results in irreversible pollution which substantially impacts the marine ecosystems. Therefore, safeguarding the environment during the carriage of goods by sea emerges as a critical concern that demands immediate attention at the international level. One way of increasing the practical efficiency and ensuring implementation is by creating liability over the parties entering into a contract for this carriage of goods. This paper aims to analyze the scope and effectiveness of creating contractual liabilities to address environmental pollution caused during transportation of goods by sea. The study aims at understanding the existing international framework governing maritime transportation and the environmental protection to identify the gaps and opportunities for incorporating eco-friendly practices through contractual agreements.723 views -
Empowering Women’s Choice: Revolutionizing Abortion Methods
Student at Gitarattan International Business School, New Delhi, IndiaPages 1285 - 1291The debate over abortion highlights the complex and multifaceted nature of issues surrounding bodily autonomy and women’s rights. “Abortion” means medically induced termination of pregnancy. It is done in case, where a pregnancy poses a life-threatening medical problem, or when foetus has a serious incurable medical condition. The philosophy behind abortion lies at the core of broader and non-compromising principle of bodily autonomy.” Bodily autonomy” refers to a women’s right to make decisions about their own body without interference from others, which extends to reproductive autonomy as held in the 2017 judgment of Justice K.S. Puttaswamy v. Union of India. It is jeopardized when an abortion is performed without the women’s informed consent or by illegal procedures. Right of abortion ignites another issue of foeticide i.e., killing of foetus or unborn child using several medical technologies further highlighting the need for controlled and systematic use of the contemporary innovations in medical field. Author has attempted to explain the best approach to be adopted towards the Medical Termination of Pregnancy Act, 1971.861 views -
Case Comment: Rangaraju @ Vajapeyi vs State of Karnataka
Assistant Professor at Dharmashashtra National Law University, Jabalpur, IndiaPages 1292 - 1298Necrophilia, the sexual attraction, obsession, or engagement with deceased human bodies, remains a profoundly unsettling and morally contentious subject in human history. Despite its disturbing nature, various religious texts emphasize the importance of treating the deceased with utmost reverence, acknowledging their spiritual journey beyond mortality. In this context, Hinduism views the dead body as more than just mortal remains, representing the departure of the soul on its spiritual journey housed temporarily in the “atman,” an eternal connection to divine cosmic energy. Christianity, on the other hand, emphasizes the resurrection of the body, highlighting the sanctity of the deceased and the divine restoration of life after death. Islam strictly condemns necrophilia as a desecration of the body and a violation of religious principles. Recently, the Karnataka High Court's ruling in the case of Rangaraju @ Vajapeyi and State of Karnataka ignited significant controversy when it acquitted the defendant on charges of raping a deceased victim due to the lack of specific provisions in the Indian Penal Code (IPC). This article critically analyzes the High Court's judgment, arguing that a purposive interpretation of Sections 375/377 of the IPC, aimed at protecting the dignity and rights of individuals, would have been more appropriate. Such an approach would extend the protection of these provisions to include deceased individuals, aligning the law with its moral and just intent and fostering a more compassionate and humane legal system.2,366 views -
The Constitutional Challenges and Implications of the Insolvency and Bankruptcy Code 2016 for Corporate Debtors and Creditors in India
Advocate at Bhardwaj & Associates, New Delhi.Pages 1299 - 1306The Insolvency and Bankruptcy Code 2016 (IBC), a landmark piece of legislation, aims to provide an all-inclusive and persuasive framework for bankruptcy settlement in India. However, there have been a few constitutional issues with the IBC's application and interpretation. These challenges have an impact on the rights and interests of corporate debtors and creditors, as well as the general effectiveness and efficiency of the bankruptcy process. The most important constitutional concerns and IBC implications for Indian corporate debtors and creditors are examined in this article. The three IBC components that are discussed in this article are the categorization of creditors, the function and regulation of resolution professionals, and the length and extension of the corporate insolvency resolution process (CIRP). The legal argument raised against these components before the Supreme Court and the High Courts is examined in the article, along with the decisions reached by these courts. The article also discusses the objectives and outcomes of the IBC, as well as how these decisions may affect corporate debtors' and creditors' rights and interests. The author concludes that the Supreme Court played a significant role in dealing with these concerns and upholding the validity of the IBC and its provisions. The Supreme Court has also provided guidance and clarity on a variety of issues relating to the IBC and its provisions. The Supreme Court has balanced the interests of all parties involved and made sure that the IBC reaches its goals of maximizing asset value, encouraging entrepreneurship, increasing credit availability, and balancing the interests of all parties involved.1,363 views -
Medical Practitioners, the Human Species Professionally Licensed to kill?: The Synthesis of the Ghanaian Medical Jurisprudence and the Tenuous Positions of the Common Law
Principal Consultant at E-Group Research Consulting Ghana Ltd. Co., Accra, GhanaPages 1307 - 1330Medical practitioners, the individuals entrusted with the responsibility of preserving and improving human life, are often regarded as professionals licensed to kill. This controversial notion arises from the delicate balance between saving lives and making difficult decisions that may result in harm or even death. In Ghana, the synthesis of medical jurisprudence and the tenuous positions of common law provide a fascinating insight into this complex issue. This essay aims to explore the similarities and divergences in these frameworks and propose ways to address them for a harmonious legal system. In both Ghanaian medical jurisprudence and common law, there is a recognition that medical practitioners hold significant power over life and death. However, their roles differ in terms of accountability. In Ghanaian medical jurisprudence, practitioners are held accountable under the principle of negligence when they fail to exercise reasonable care in their practice. On the other hand, common law recognizes a higher standard for practitioners known as professional negligence or medical malpractice. One similarity between these frameworks is the requirement for informed consent from patients before any medical procedure can be performed. Both systems emphasize the importance of ensuring patients fully understand the risks involved in their treatment options. However, there is a divergence regarding who bears the burden of proof when it comes to establishing informed consent. While Ghanaian medical jurisprudence places this burden on practitioners, common law requires patients to prove that they were not adequately informed. Another area where these frameworks diverge is in determining liability for wrongful death caused by medical practitioners. Under Ghanaian medical jurisprudence, liability can be established if it can be proven that a practitioner's negligence directly caused a patient's death. Conversely, common law requires an additional element known as causation; plaintiffs must demonstrate that without the practitioner's negligence, death would not have occurred. This higher burden of proof in common law can make it more challenging for patients to seek justice. To address these divergences and bring harmony to the laws, it is crucial to consider the best interests of both patients and medical practitioners. One possible solution is to adopt a hybrid approach that combines elements from both Ghanaian medical jurisprudence and common law. This could involve placing the burden of proof on practitioners for establishing informed consent while maintaining the requirement for patients to prove causation in wrongful death cases. In conclusion, medical practitioners are not professionally licensed to kill; rather, they are entrusted with the responsibility of preserving human life. The synthesis of Ghanaian medical jurisprudence and common law provides valuable insights into this complex issue. By addressing the similarities and divergences between these frameworks, a harmonious legal system can be achieved, ensuring accountability while protecting the rights of both patients and medical practitioners.691 views -
Crimes against Children’s and Role of the Child Welfare Committee, Special Courts in India: A Legal Study
Student at Department of Law, Osmania University, Hyderabad, IndiaPages 1331 - 1343Children are the most vulnerable section of society and often fall prey to various forms of crimes such as sexual abuse, trafficking, kidnapping, murder, etc. The protection and welfare of children are the primary responsibility of the state and society. The Indian Constitution and various laws have provided for the rights and safeguards of children against crimes. The Child Welfare Committee (CWC) is a statutory body established under the Juvenile Justice (Care and Protection of Children) Act, 2015 to deal with the cases of children in need of care and protection. The Special Courts are designated courts under the Protection of Children from Sexual Offences Act, 2012 to try the offences of sexual violence against children. This paper aims to study the role and functioning of the CWC and the Special Courts in India in relation to the crimes against children. It also analyses the challenges and limitations faced by these institutions and suggests some measures to improve their effectiveness and efficiency.3,050 views -
Historical Origins of Plea Bargaining
Student at National University of Advanced Legal Studies, Kochi, IndiaPages 1344 - 1355Plea bargaining has a complicated and lengthy history and is a contentious practice in criminal judicial systems all around the world. This essay examines its beginnings, following its development from mediaeval Europe to modern uses in the United States and India. The paper dives deeply into important issues, covering the distinctions between explicit and implicit plea bargaining, the functions of judges and prosecutors, and the ongoing discussions over its ethical and procedural ramifications. Plea bargaining is under scrutiny owing to issues with justice and due process, despite benefits like reduced caseloads and increased efficiency. The varying levels of acceptance and implementation across various legal systems are clarified, as well as the impact of Supreme Court rulings on how it is to be applied. This essay aims to provide a thorough account of plea bargaining's historical development and current significance. It encourages reflection on past and contemporary dynamics with the goal of guiding future improvements and reforms in criminal justice systems around the world.1,027 views -
Corporate Social Responsibility: A Viewpoint from India
Student at Amity Law School, Noida, IndiaPages 1356 - 1364Corporate social responsibility is now recognised as a tool for organisational sustainability. As a result, it must be acknowledged as an organisational goal. New Company Law mandated that corporations give 2% of their net income to CSR in 2012. This requirement forced Indian businesses to intentionally work towards CSR because it obliged a specific class of businesses to allocate a percentage of their revenues to CSR operations. Any effort to improve society is referred to as. Corporate entities must act as socially responsible corporate citizens and contribute to the common good. They can no longer restrict how they use societal resources. This study's major goal is to determine why CSR is important for corporations. Why should they support the economic development of the nation? What crucial actions could the government take to increase business support for CSR initiatives? As is well known, modern Indian corporations focus more on all stakeholders and move beyond the concept of philanthropy (charity). The current research study makes an effort to assess a number of these new CSR law provisions in the perspective of contemporary corporate philosophy and to call attention to the practical challenges associated with putting the new rules into practise.571 views -
Consequences of Non-Criminalization of Marital Rape and Stealthing in 21st Century India
Research Scholar at Teerthankar Mahaveer University, IndiaPages 1365 - 1378Time and again society has proved that the saying, “The change is only constant”, is actually not true because women are still treated exactly the way they were treated some 100 of years ago. The crime against women is ever increasing and there lies hesitance in taking bold actions to curb them. Women being subjected to sexual violence is nothing new, it was prevalent in the society which lacked definite laws and punishments and is still very much here in the society with strict rules and punishments. In ancient time rape of a woman was considered as a crime against the property of husband or father and not on the integrity of that woman. Today there are laws which punishes rape and other kinds of sexual offences as an offence against women but are we really free from the mindset of women being a property which can be used as according to the will of a man? The answer to this can be found in the rising no. of cases of sexual nature which has overburdened our courts. Section 375 of Indian Penal Code provides the definition of rape which states that a man is said to commit rape if he commits the act without consent and against will, even explanation 2 of the said section defines what is consent. So, at this juncture will it be wrong to say that the society somehow still does not understand the meaning of consent? The Hon’ble Supreme Court of India has in the case of Joseph Shine v. Union of India, categorically stated that ‘Husband is not the master of Wife’. But if look into the existence of marital rape and stealthing, which are still not recognized as an offence, is it not that husband is considered as a master in reality? Indian Penal Code very clearly state that the sexual act without consent and against will is rape, then why these provisions become dilute when the woman is married and perpetrator is her husband?725 views -
Assessment of Ground Water Law in India and Associated Individual Responsibility towards Environmental Sustainability
Assistant Professor at Department of Law, The ICFAI University, Dehradun, IndiaPages 1379 - 1392Groundwater law in India gives individual landowners immense control over groundwater. This is inappropriate in a context where groundwater is now the primary source of water for the realization of the human right to water. This also fails to provide the basis for effective protection of groundwater at aquifer level. According to a 2016 study, aquifer depletion in agricultural regions could threaten nearly half the world’s food sources and deny 1.8 billion people from reliable access to water by 2050. The same study projects that aquifers in India’s Upper Ganges basin may be depleted within 25 years. This alarming vulnerability calls for immediate policy action from central and state governments. This paper will mainly be focusing on three aspects: a) India's existing policies to preserve ground water and use it in the most efficient manner, b) environmental reforms, the Government of India is trying to achieve and c) In addition to this, this article argues that groundwater law must be reconnected to around a new set of principles that recognize the common nature of groundwater, its importance, the need for a governance framework starting at the local level and the need for a stronger aquifer protection regime. Further this study, would focus upon behavioral management i.e. towards environmental sustainability, an ideal combination of conservation, awareness about moral and social responsibility among the citizens of India through campaigns and innovative technologies that would successfully arrest continued groundwater loss and possibly reverse it.657 views -
The Interconnected Roles of PMLA, 2002 and FATF: Combating Laundering of Money & Countering Capitalizing the Terrorism
Pursued LL.M. at Rajasthan University, Jaipur, IndiaPages 1393 - 1404This research paper offers a comprehensive analysis of the clauses within the Prevention of Money Laundering Act, 2002 (PMLA), specifically in their harmony with international agreements and pacts designed to counter the laundering of money and the capitalizing the terrorism. Furthermore, it evaluates how Indian laws effectively contribute to worldwide efforts to combat financial offenses. Additionally, this research delves deeply into a meticulous examination of the modifications brought about by the Finance Act of 2019, which aimed to address uncertainties present in the prevailing PMLA provisions. The research recognizes India's increased focus on addressing money laundering and related offenses since the mid-2000s. Nonetheless, it highlights persistent legal challenges, such as those related to the threshold conditions for domestic predicate offenses, which continue to pose obstacles to the efficacy of the PMLA. The absence of convictions for money laundering under the PMLA further raises concerns regarding the regulatory framework's effectiveness. India's commitment to countering terrorism in all its manifestations is duly acknowledged, particularly evident in its proactive approach to investigating the financial dimensions of terrorism. However, the study underscores the inconsistent translation of this commitment into actual convictions and the establishment of well-defined case law. In response to the rising incidence of financial crimes and prominent cases, the Finance Act of 2019 aimed to strengthen existing provisions for monitoring and detecting suspicious financial transactions within the sector. The researcher utilizes the doctrinal research approach, employing an examination of numerous international agreements and legislations to assess the effectiveness of India's system for combating the laundering of money and capitalizing the terrorism. Primary sources of information include existing literature, encompassing books, journal articles, and newspaper reports. Empirical research was not conducted due to constraints on resources and time.748 views -
Perception of Youths towards Internet Usage and Online Shopping in Prayagraj District of UP
Research Scholar at Department of Commerce and Business Administration, University of Allahabad, IndiaPages 1405 - 1418Internet usage has been widely studied and has been found as an important driver of online shopping. Specifically, students have always been considered the major sample or population for such studies. The present paper attempts to analyse the perception of Youths towards internet usage and online shopping patterns among university students in India. To fulfil the objective a survey method was adopted where primary data was collected from 100 select University students in Prayagraj District of UP. For gaining significant insights, the data was further utilized to test the hypothesis by the application of the Chi-square test. The analysis of data revealed that the sample students were heavy internet users and used mobile phones for the same. Yet, online shopping is not the major reason for internet usage. Traveling and apparel remain the most preferred over online. in contrast to major reasons, books are not one of the favoured articles bought online. This study concluded to provide significant findings and insights about the current internet behavior and online shopping habits of university students in India based on gender.682 views -
A.K Kraipak & Ors. vs Union of India & Ors.: An Analysis
Student at Symbiosis Law School, NOIDA, SIU International University, IndiaPages 1419 - 1424The Article deals with a famous case in Administrative Law Jurisprudence, that is of A.K. Kraipak v. Union of India AIR 1970 SC A. The case in remarkable on many grounds since it approved the widening up of definition of what was considered Administrative Action then in India. The judgement was delivered in the era, when a wide number of decisions were pushed under the garb of Administrative Actions, and were shielded from Court’s power of Review, but in cases as that of Kraipak, the Supreme Court was successful in extending the doctrine of Natural Law even to Administrative Decisions. The case at large deals with selections for officers for Indian Forest Services, and since the selections were held for administerial post, the selectors themselves were part of the same bloc. Their decisions came under challenge, when it was argued that the selections were influenced by biased preferential intentions, and the article then further goes on to talk about what further went on in the case and the subsequent law which the Supreme Court laid down by the way of this judgement.1,715 views -
Critical Analysis of Contract of Indemnity
Student at Symbiosis Law School, Pune, IndiaPages 1425 - 1433This article offers a thorough examination of indemnification agreements made in accordance with the Indian Contract Act of 1872. According to the definition of indemnity, which is “Assurance against loss,” indemnification is paying a person for losses or damages brought on by their own actions or those of another party. Sections 124 and 125 of the Act, which describe the characteristics of indemnity contracts and the rights of the indemnity holder, are examined in this research. However, it draws attention to the fact that there are no provisions defending the indemnifier's rights, which leaves room for legal ambiguity and gaps. The essay discusses a number of concerns, such as ambiguities in contract provisions, problems with reciprocatory contracts, issues with privity to contracts, and difficulties brought on by changes in the market. It also examines the need for better language to specify the indemnifier's advantages and makes suggestions for changes to Section 124's definition of loss and rights. The study also examines implied indemnity contracts and the difficulties they provide, highlighting the significance of transparency and equity for both parties. It emphasizes the fact that a simple indemnity provision cannot release a negligent party from liability. Lastly, the article advocates for an amendment to the Indian Contract Act to ensure equity and justice for both parties involved in indemnity contracts, as well as to resolve ambiguities and promote a fair resolution of liability issues.1,393 views -
The Historical Evolution of Land Consolidation Policies in Uttar Pradesh and Their Impact on Agricultural Productivity: A Comprehensive Case Study
Research Scholar at Faculty of Law, University of Lucknow, IndiaPages 1434 - 1449This study offers a comprehensive exploration of the historical evolution of land consolidation policies in the state of Uttar Pradesh, India, and their profound impact on agricultural productivity. Through a meticulous analysis of legislative frameworks, implementation challenges, and a detailed case study, it sheds light on the complex interplay between policy interventions and rural development. Uttar Pradesh's agrarian history is examined, highlighting the necessity for post-independence agrarian reforms. The legislative framework, with a focus on the pivotal Zamindari Abolition and Land Reforms Act of 1950, is dissected to elucidate the intentions and objectives of these reforms. Implementation challenges are scrutinized, revealing the unintended consequences of land fragmentation on agricultural practices. A dedicated case study in Uttar Pradesh assesses the current state of agricultural productivity, incorporating data-driven insights to underscore the challenges faced by farmers. The study delves into the intricate relationship between land consolidation policies and rural development, emphasizing socio-economic implications such as livelihoods and poverty reduction. Drawing upon historical lessons and contemporary observations, this research culminates in actionable recommendations for future land consolidation policies in Uttar Pradesh and offers valuable insights for policymakers and scholars grappling with the intricate dynamics of land reforms and their impact on agricultural productivity in India.1,091 views -
Surveillance: Is It a Threat to Privacy
Student at The Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law, IndiaPages 1450 - 1459In an era characterized by rapid technological development, surveillance has become an integral part of modern societies. This study aims to critically examine the potential threats that surveillance may pose to privacy in India. The paper uses a multidimensional approach to analyze the complex interaction between surveillance practices and privacy concerns, taking into account legal, ethical and socio-political aspects. The study first examines India's legislative framework for surveillance, highlighting the role of legislation and the judiciary in protecting individuals' privacy rights. It deals with regulations such as the Information Technology (IT) Act, 2000, which regulates cyber surveillance and the right to privacy under the Indian Constitution. Assessing relevant jurisprudence, this brief analyzes the extent to which existing laws effectively protect privacy in the face of evolving surveillance technologies. In addition, this study also explores the ethical implications of surveillance practices in India. This raises questions about the balance between the security interests of the state and the protection of citizens' privacy.795 views -
Custodial Death in India
Student of Delhi Metropolitan Education, Noida, Affiliated to GGSIP University, Delhi, IndiaPages 1460 - 1467Custodial death is among the greatest crimes in a civilized society where the Rule of Law is upheld. It begs the question of whether a person loses his or her fundamental right to life when they are taken into custody by the police. Can a person's right to life be suspended after being arrested? The answer must be a categorical "No." The use of third-degree tactics on suspects during unlawful detention and police detention reflects poorly on the administration system in India, where the rule of law is implicit in all actions and the right to life and liberty is considered the fundamental right that occupies the highest position among all other essential fundamental rights. One of the most commonly acknowledged forms of abuses of human rights that are brutal in nature. The National Commission for Human Rights (NHRC), the Supreme Court, the Indian Constitution, and the United Nations all forbid it. But police officers all around the nation are disobeying these organizations. Therefore, to effectively combat crime, it is necessary to establish a balance between individual human rights and public objectives.911 views -
Exploring the Desirability of Self-Respect Marriages in India: A Reflection on the Judgment in Ilavarsan v. The Superintendent of Police
Advocate at Punjab & Haryana High Court, Chandigarh, IndiaPages 1468 - 1474Marriage is a profound institution in human society. It owes its essentiality to a number of natural reasons such as procreation, love, affection and companionship along with legal implications of legalized cohabitation, legitimacy of children and mutual inheritance. Despite being a deeply entrenched institution in society, it has its own set of foundational wrongs such as the commodification of women, usage of marriage as a means to satiate proprietary greed, solidification of gender roles, condonation of sexual and reproductive violence and the list is a continuous one, leading to decisional conflicts of opting out of it. However, due to reasons such as education, growth in technology, financial independence of women and instrumental role of the Indian legal system, there has been a discernible shift towards approach to marriages in the society. These changes include greater autonomy in choosing life partners, breaking gender stereotypes, overcoming caste and religion-based taboos, conjugal relations before marriage, sologamy, heterosexual relationships, desire-based approach to procreation rather than pressure-based and decreasing reluctance to divorce in unhappy marriages. One of the prominent concepts that has gained popularity in recent times and is being talked about is that of self-respect marriages, especially due to the recent Supreme Court judgment in the case of Ilavarsan v. The Superintendent of Police. This research paper seeks to shed light on the concept by explaining self-respect marriages, tracing its development in India and attempting to analyze the said judgment. It further seeks to explore the desirability of self-respect marriages in the Indian context, highlighting their societal implications, individual empowerment, and potential challenges. It is an attempt to analyse whether the paradigm shift from traditional norms that these marriages purport to be are any yielding answers to the questions of personal choice, consent, compatibility, individual autonomy, freedom and whether they are reflective of the evolving congenial societal values.782 views -
A Critical Study of Social Engineering Vis-a-Vis Phishing Attacks
Research Scholar at Singhania University, IndiaPages 1475 - 1496The present study aims to present a Critical & Exploitable pattern used in Social Engineering attacks vis-a-vis Phishing attacks and different ways to counter measure those attacks. The current study also describes the ways to prevent the most widely used across the geographies which causes Financial and mental damage to human being. With the help of real time cases, we will now try to understand the present-day scenario and the remedies.626 views -
The Nirbhaya Movement: An Indian Feminist Revolution
Student at Gitarattan International Business School, IndiaPages 1497 - 1501The Nirbhaya movement, sparked by the cruel gang rape and murder of a young female person in Delhi in December 2012, shows a meaningful importance in Indian feminist experiences. This research paper surveys the basis, evolution, and impact of the Nirbhaya movement, peeling off by means of what catalysed a feminist coup in India. The paper too reviews the key things, plans, and challenges endured by the movement, in addition to allure unending results for girl's rights and gender equality in India.1,180 views -
Nature of Privacy in India
Student at Vivekananda Institute of Professional Studies, IndiaPages 1502 - 1511The nature of privacy in India is a complex and evolving concept deeply rooted in the country's cultural, legal, and historical context. This abstract explores the multifaceted dimensions of privacy, its evolution, and its current status in India. Privacy in India has historically existed within a collectivist society, where individuals' lives are interconnected. This collectivist ethos coexists with the growing influence of Western individualism, particularly post-1991 economic reforms. This juxtaposition necessitates a careful balance between individual and social needs in Indian privacy laws. Defining privacy proves challenging, as it lacks a universally accepted definition. It encompasses concepts of autonomy, information protection, confidentiality, and control over personal domains. Privacy has expanded from mere secrecy to a fundamental human need integral to free speech, research openness, and ethical treatment. The historical evolution of privacy dates back to ancient societies, with early legal codes emphasizing the importance of personal space and boundaries. In the 20th century, international legal documents recognized privacy as a fundamental human right, influencing national legislations. In India, privacy has deep cultural roots, with distinctions between public ("baahar") and private ("ghar") realms existing for centuries. Early constitutional efforts recognized the sanctity of one's home. The Indian Constitution's framers debated privacy's significance, with Dr. B. R. Ambedkar highlighting the need for protection against unreasonable searches and seizures. Several case laws in India have played crucial roles in establishing and shaping privacy laws. The M. P. Sharma case (1954) challenged the introduction of privacy as a constitutional right, while Kharak Singh case (1962) presented conflicting interpretations. The Selvi case (2010) affirmed mental privacy rights, and the R. Rajagopal case (1994) established the right to control personal information. A landmark moment in India's privacy journey was the Justice K. S. Puttaswamy case in 2017, where the Supreme Court recognized privacy as a fundamental right under Article 21 of the Constitution. It introduced the tests of legality, legitimate aim, and proportionality, providing a foundation for privacy protection. The Digital Personal Data Protection Act (DPDP) in India, enacted in 2023, builds on this recognition and incorporates principles akin to the European GDPR. It applies broadly, emphasizing purpose limitation, individual rights, and oversight by the Data Protection Board. India's approach to privacy blends legislative measures with contractual obligations, particularly in the corporate sphere. With rapid digitization and increasing cybersecurity concerns, data protection is becoming paramount. In conclusion, the nature of privacy in India is a dynamic interplay of culture, history, and legal evolution. Recent legislative developments, such as the DPDP Act, signal a growing commitment to safeguarding personal data, aligning India with global privacy standards while preserving its unique cultural context. Privacy in India is evolving, and the future holds promise for enhanced protection and awareness among its citizens.1,086 views -
Assignment of Copyrights: An Overview on 2012 Amendment
Student at University of Petroleum And Energy Studies, Dehradun, IndiaPages 1512 - 1516In this research paper , we will discuss the assignment of copyright with existing or future work with respect to the conditions therein; artistic , literary , dramatic and other works . Different aspects with the right to assignment and certain amendments made to protect the authors’ s interest and the impact of 2012 amendment will be discussed with the brief introduction of licensing vis’a vis related subject matter. Limitations imposed on copyright assignment and furthermore requisites for assigning the copyright , referring to relevant sections will be emphasized. Assigning be revoked or not along with disputes in assignment , this insists on the powers of copyright board , will be dealt with in the paper. Since assignment between parties is a contract , therefore the terms of such contract , any transactions related forms the part of the subject. Ahead all this , there is an ambiguity with the copyright as an intellectual property since it is a non- tangible property , it has no physical existence , so the topic will be elaborated further.648 views -
Cross Cultural Integrated Marketing Communication Strategies
Student at Amity Law School, Noida, IndiaPages 1517 - 1526Training and cross-cultural competency are thought necessary for negotiating the intricacies of multiple global marketplaces and ensuring courteous and constructive relationships with persons from diverse cultural backgrounds. The significance of matching global advertising activities with regional laws and customs is emphasized, as are the ethical and legal issues. The report additionally emphasizes the need of cross-cultural campaign strategy, as well as market research. The report also emphasizes the necessity of cross-cultural campaign planning, highlighting the value of market research, making strategic choices, and the delicate equilibrium between global uniformity and local adaptation. It also explores the significance of global media and advertising outlets in efficiently reaching various audiences. Looking ahead, the research paper emphasizes arising developments in Cross-Cultural IMC, such as the growing influence of AI, digital environments, and the significance of environmental sustainability and corporate social responsibility (also known as CSR) in shaping cross-cultural marketing strategies. Finally, this study article provides a thorough examination of Cross-Cultural IMC Strategies, emphasizing the need of cultural sensitivity, ethical behaviour, and strategic adaptation in today's linked global economy. It offers useful insights for firms looking to handle the challenges of foreign marketplaces and engage genuinely with a wide range of audiences.945 views -
Legality of Exclusive Jurisdiction: Achla Sabharwal vs. A. Saptrishi Films & Ors. on 25 March 2019
Student at Dharmashastra National Law University Jabalpur, IndiaPages 1527 - 1533Indian Contract Act 1872's idea of exclusive jurisdiction enables contracting parties to confine their legal actions to a single court. To accomplish this, the contract must contain an "Exclusive Jurisdiction" clause. The standard language for an "exclusive jurisdiction" clause of a contract may read something like this: "The Agreement will be subject to the competence of the courts located at New Delhi." This provision is frequently added for the parties' convenience and to cut down on legal fees. It gives the parties clarity regarding how to obtain contractual breach remedies. Furthermore, the right to legal remedy or the capacity to enforce rights underlying a contract is completely limited by Section 28 of Indian Contract Act, 1872. However, if Sections 23 & 28 of Indian Contract Act, 1872 are read together with Section 20 in the Civil Procedure Code, which was enacted in 1908, there is room for a partial limitation by limiting the parties' resort to one forum. Respondents' main defence focused on Clause 12 within the Article of Transfer Agreement which states that "in the event of disagreements arising between the parties hereto concerning with any of the provisions or covenants herein, the Courts in Mumbai only shall have exclusive jurisdiction to hear and try such disputes." However, it was noted that it must be determined if such an agreement is unambiguous and obvious, and whether it is evident from the agreement itself that the parties intended to submit to the jurisdiction of one court while rejecting the jurisdiction of another. The case deals in the matters of Exclusive Jurisdiction of the Contracts and the case validates it through the ‘law’gical reasonings.725 views -
Fintech: Regulatory Framework in India
Student at School of Law, Galgotias University, IndiaPages 1534 - 1542Fintech refers to businesses that enhance or automate financial services and operations through the use of technology. The words "finance" and "technology" are combined. The expression alludes to a swiftly developing industry that offers numerous advantages to both businesses and consumers. Fintech has a wide range of uses, including bitcoin, investing, insurance, and mobile banking apps. Currently, a wide range of industries and professions are referred to as "fintech," including nonprofit fundraising, retail banking, investment management, and education. Modern fintech is primarily driven by AI, big data, and blockchain technology, which have profoundly altered how organizations move, store, and protect the digital currency. FinTech's introduction of crowdfunding platforms has enhanced consumer interactions. It makes it possible for small businesses, entrepreneurs, charities, and artists to raise money without the aid of traditional investors. Social transformation is a key goal shared by many Fintech companies, particularly those operating in poor nations. Government support has been crucial in providing both necessary enabling support and regulation. Numerous government initiatives have fueled the growth of the Fintech industry in India, whether they be broadband infrastructure to promote internet access in rural areas or digital literacy and financial programs. The primary regulator of the fintech sector is the RBI, which is responsible for regulating payments and settlement procedures in India. The RBI is in charge of regulating international and foreign exchange transactions. In addition, the RBI regulates banks, NBFCs, and other financial participants in the ecosystem, including credit reporting agencies. ("CICS"). Given the nature of fintech offerings, additional regulators including SEBI, IRDA, the Ministry of Electronics and Information Technology ("Meity"), and the Ministry of Finance may also be pertinent.946 views -
Adjudication and Alternative Dispute Resolution: A Reasoning on the Future of Commercial Dispute Settlement
LL.M Candidate at Lead City University, Ibadan, NigeriaPages 1543 - 1560Commercial dispute is sui generis (of its own kind). It may even become complicated in a matter involving cross-border transactions. Yet, commercial disputes are unavoidable as commercial activities are basic in any human community. The rise in international commercial activities has also culminated in a rise in commercial disputes both locally and globally. Adjudication has been the most adopted means of dispute resolution over the years. Unfortunately, the courts are becoming more and more congested by the day. In Nigeria, other factors such as strike actions, inadequate funding, uncertainty in administration of justice, among others, have also slowed down the pace of justice dispensation. Also, in international commercial disputes, disputants are often skeptical to submit to foreign jurisdictions. In view of the peculiarities of commercial dispute, the demand for an efficient means of commercial dispute settlement is more pressing than ever. It is a fact that disputants are beginning to adopt other means of dispute resolution other than adjudication and more attention is recently being paid to Alternative Dispute Resolution (ADR). This paper explores adjudication and ADR as mechanisms of disputes settlement and reasons on the future of commercial dispute settlements in Nigerian law and internationally.711 views -
Euthanasia and the Right to Die
Student at Amity University, IndiaPages 1561 - 1567This article explains the complicated topic of euthanasia and the right to decide when and how one wants to die in a simple way. Euthanasia means intentionally helping someone die to stop their suffering, and people have debated about it for a long time. Individuals must have the freedom to make this choice, especially if they're very sick or in a lot of pain. Others worry that allowing this might not be safe and could make life less special. In this article, it starts by looking at the history of euthanasia and how our ideas about life and death have changed over time. Some countries allow it in certain situations, while others don't. It explains the differences and similarities between these laws. From a people's perspective, we talk about how euthanasia affects individuals, families, and the healthcare system. It talks about the idea of providing really good care for people who are very sick to help them feel better, rather than helping them die. In simple terms, this article tries to give you a clear picture of what euthanasia and the right to choose are all about. This article aims to provide you with a clear understanding of what euthanasia and the right to choose entail. Ultimately, we hope to encourage thoughtful discussions about the delicate balance between personal autonomy and the preservation of life.960 views -
Autonomous Weapon Systems in International Humanitarian Law
Student at University of Petroleum And Energy Studies, Dehradun, IndiaPages 1568 - 1582This article presents the main mechanisms and principles for the use of autonomous weapon systems in future combat operations. There is a decline in adequate human forces and a lack of civil society support from the push to introduce mixed robotic/human units. The main limitations of using them are keeping them under control and investing enough to keep them strong enough. This only mentions some of the characteristics, divided into tactical, operational, and strategic levels, that will be affected by the introduction of autonomous weapons systems in our armed forces or allies. Furthermore, these weapon systems cause more complex operations, and the remaining soldiers and their commanders will have to acquire technical skills and know the differences to emerge victorious in battles. Future wars will demand not human resources, but any suitable material to create new robotic weapons units. This will create new training exercises, doctrines, and even new sources of strategic value.824 views -
State Rights and Human Rights in State of Emergency
Assistance Professor at Lusail University, QatarPages 1583 - 1595It is an undeniable fact of life that many states will at some stage be confronted with emergencies, serious crisis situations, such as pandemic or other kinds of serious societal upheavals, and that in such situations they may consider it necessary, in order to protect the community, to limit the enjoyment of individual rights and freedoms and possibly even to suspend their enjoyment altogether. The result may be disastrous not only on the human rights for the persons affected by the restrictions but also on the community in general. Human Rights such as freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country, such a right is provided in the constitutions of numerous states, and in documents reflecting norms of international law.681 views -
Managing the Impact of Mergers & Acquisition on Employees
Student in IndiaPages 1596 - 1609This project investigates the multifaceted dynamics of managing the impact of mergers and acquisitions (M&A) on employees within contemporary organizations. M&A activities have become integral to corporate growth strategies, but their effects on the workforce often extend beyond financial implications. Through an in-depth examination of existing literature, case studies, and expert insights, this research explores the intricate interplay between organizational transitions and employee well-being. The study highlights that M&A events can trigger a range of emotional responses among employees, including uncertainty, anxiety, and resistance to change. Effective management of these emotional reactions necessitates strategic communication, empathetic leadership, and supportive infrastructure. The project delves into strategies employed by successful organizations to alleviate employee concerns, foster open dialogue, and sustain morale during periods of transition. Furthermore, the research underscores the critical role of integrating organizational cultures and workforces post-M&A. The study examines how aligning values, defining clear roles, and offering professional development opportunities contribute to successful post-merger integration. It also delves into the long-term implications for employee engagement and overall organizational performance. By addressing the complexities of managing M&A impact on employees, this project offers practical insights for organizational leaders, HR professionals, and stakeholders. The findings emphasize the significance of a holistic approach that balances strategic goals with the well-being of the workforce. Ultimately, this research contributes to a better understanding of the human-centric aspects of M&A and their profound influence on the success and sustainability of post-merger organizations.786 views -
Law, Modernity, Culture and Religion: A Dilemma on Progress
Student at Jindal Global Law School, IndiaPages 1610 - 1614The question of UCC being progressive and ignorant of cultural history and identity has been a prominent question of debate. The author feels that minorities specially in the context of Christian Women, and other minorities with or without bargaining power have been historically been ignored or force fitted into categories. The author would like explore and elaborate on this idea and also ponder about the effects of compartmentalisation on progress, culture and identity. In this process, the author would take into consideration aspects that revolve around culture, religion, individuality, fluidity and law.698 views -
Media’s Dual Role: Catalyst and Peacemaker in Times of Social Unrest
Student at Amity Law School, Noida, IndiaPages 1615 - 1623“Knowledge is power.” These words continue to hold the same importance from whenever they were first uttered. With the advancements in technology, the process of attaining information or knowledge has been reduced from an extensive process to the clicking of a few keys or the tapping of a screen. As our society advances and the process of propagation of information becomes easier than ever and the Information Industry or Media has truly benefited from the same. With the ease to spread facts also comes the ease to spread a message or an opinion and this power at times can be used to spread social unrest or create disharmony. Many a times, the Media is responsible for presenting biased views which creates fear and unrest among the people thus leading to strife in our society, but at times information presented by the Media is responsible for bringing the people together to root for the right cause. The following paper aims to analyse the role of media as a propagator or instigator of unrest as well as the one who brings peace in this time of strife and to understand to what extent does this unchecked power of media behind the veneer of “propogation of voice of the masses” range.804 views -
Empowering Women through Alimony Reform: Fostering Financial Independence and Gender Equality
Student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, IndiaPages 1624 - 1639This abstract explores the empowerment of women through alimony laws, shedding light on the transformative potential of these legal provisions. Alimony, often associated with divorce settlements, plays a crucial role in safeguarding women's financial independence and promoting gender equality. It serves as a critical safety net, offering financial support to spouses, predominantly women, who may have made sacrifices during their marriage. This support not only ensures a stable transition after divorce but also opens doors to economic independence by facilitating education, training, and career opportunities. By acknowledging the value of homemaking and childcare contributions, alimony laws affirm the principle of fairness in divorce settlements. They reduce financial dependence, allowing women to rebuild their lives with confidence. Furthermore, alimony encourages equitable distribution of domestic responsibilities and, in turn, fosters gender equality in employment. Overall, alimony laws serve as a vital instrument in empowering women, addressing socioeconomic disparities, and facilitating their journey toward financial autonomy and self-sufficiency.1,235 views -
Anti-Google Law and It’s Analysis
Student at Amity Law School, Lucknow Campus, IndiaPages 1640 - 1649Monopolies can significantly affect the market thus affecting the effectiveness of the economy. States therefore work to prevent monopolies from existing or from having an influence on the markets. The Telecommunication Business Act, or "Anti-Google Law," was amended in South Korea in 2021. The reason for the amendment is the focus of this paper. It emphasises on how Google and Apple were crucial to the amendment's success. It also examines whether AGL is beneficial to developers or not. The report makes an effort to demonstrate how AGL has affected the market globally as well as in India. The report further conducts a survey to find out why customers pick these Big Giants over rivals and are the users open to using various payment methods.747 views -
Sustainable Development and Human Rights
Assistant Professor at Amity University Punjab, Mohali, IndiaPages 1650 - 1654Environmental Issues that we face today have three areas i.e population, natural resources and pollution. For understanding the problem and solution require broad multidisciplinary approach. We cannot solve complex environmental issues that we face today through science and technology. There is need to develop new approach and understand, address the human element and human rights also. A lot of conflicting information about the environment and its issues are there in India. Traditional solutions and a new brand of responses could help us to find lasting solutions to pressing problems. These are part of new strategy known sustainability. All across the world change is underway. It’s not ordinary change either. It is profound change in the ways societies conduct their everyday affairs ways that are leading to a new wave of environmental protection with lasting impacts. As we know the world is witnessing global crises of environmental degradation. The future of earth is intimately linked with sustainable development which is ostensible goal of environmental policy and law as enunciated in Agenda 21 of Earth Summit, 1992. For that policies and legislations should be made more stringent and absolute, as well as gentle towards human rights. The aim of this paper is to discuss the challenges and issues associated with human rights and sustainability.846 views -
Mob Lynching, Hate Speech and their Implications in India
Research Scholar at University of Science and Technology, Meghalaya, IndiaPages 1655 - 1666Mob Lynching is an action by group of violent people which takes life of another person without any authority or legal sanction. It amounts to extrajudicial sentence like public hanging to take revenge or to teach a lesson to a suspected offender. It is also defined as vigilantism in which a group of self appointed people takes law in their hands to enforce having no legal authority. Today lynching has become a new normal in India. Mob Lynching is a clear violation of rule of law and basic human right of ‘right to life.’ The central reality in India is the abuse of law. The participation of people as a racialized group with extra-legal punitive power of death and how it catalyzes the rise of mobocracy, affecting the individual right of the person by their ostensible judgement, conclusively is an ambush on democracy. The research article looks at the concept of mob lynching, its causes, judicial standpoint together with its impacts in the society. The relation of hate speech and mob violence is also taken into account. Indian laws and International laws are studied in the context.1,354 views -
The Evolution of Service Law in India: A Comprehensive Analysis
Student at K.L.E Law College, Bengaluru, IndiaPages 1667 - 1684This research paper aims to explore the evolution of service law in India, examining its development, key provisions, and significant legal precedents. It delves into the historical context and legislative framework that governs the employment and service sector in India, including the Constitution of India, labor laws, and judicial decisions. The paper highlights the various facets of service law, including employment contracts, worker rights, social security provisions, and dispute resolution mechanisms. It also investigates the challenges and reforms in service law, considering the changing socio-economic landscape and emerging trends in the Indian job market. Through a systematic review of relevant statutes, case law, and scholarly literature, this research paper provides an in-depth analysis of service law in India, shedding light on its impact on workers, employers, and the overall legal framework.1,501 views -
IPR as a Catalyst for Achieving Innovation, Infrastructure and Industrialization
Student at Law College Dehradun Uttaranchal University, IndiaPages 1685 - 1693Intellectual Property Rights (IPR) have emerged as a critical engine for promoting innovation, enhancing infrastructure development, and accelerating industrialisation as a result of fast technological improvement and globalization. The incorporation of intellectual property rights (IPR) into a country's legal system acts as a cornerstone for rewarding innovation. IPR encourages a culture of innovation and risk-taking by granting innovators and inventors exclusive rights to their intellectual property, so driving the creation of cutting-edge technology, goods, and services. This, in turn, sets off a cycle of innovation-fueled prosperity, converting economies into dynamic centres of knowledge-based businesses. IPR serves as an effective accelerator for infrastructure development. Strong intellectual property protection promotes FDI by guaranteeing investors of the security and exclusivity of their intellectual assets. This infusion of cash stimulates the construction of infrastructure, such as R&D centers, manufacturing plants, and technology parks. The resulting infrastructure enhancement not only boosts a country's overall competitiveness, but also its ability to maintain and expand creative efforts.688 views -
Harnessing the IP and Technologies for the Advancement of Clean Energy
Student at Law College Dehradun, Uttaranchal University, IndiaPages 1694 - 1702As the world grapples with the pressing need for sustainable energy solutions, the role of intellectual property (IP) and sophisticated technologies in driving innovation and advancement in the clean energy industry has become increasingly important. Innovations in technology, ranging from improved solar materials to enhanced grid management systems, hold the key to increasing the efficiency, scalability, and affordability of sustainable energy solutions. IP is a vital facilitator in this process, providing the framework required to protect and commercialize these technical innovations. Robust intellectual property regimes ensure exclusivity and return on investment for inventors, researchers, and organizations, stimulating the development of breakthrough technologies in fields such as solar, wind, hydro, and energy storage systems. Strategic use of intellectual property promotes collaboration and knowledge-sharing throughout the clean energy ecosystem. Licensing and collaborations enable technology diffusion by enabling for the exchange of ideas and skills among industrial participants, researchers, and policymakers. This collaborative spirit accelerates discovery and broadens the worldwide effect of renewable energy solutions.577 views -
An Analytical Study on the Impact of Non-Performing Assets on Profitability in SBI &ICICI Bank
Faculty at Department of Commerce & Business Administration, University of Allahabad, IndiaPages 1703 - 1715The purpose of present study is to know the impact of non-performing assets on bank’s profitability in public and private sector bank. SBI & ICICI bank have been selected from public and private sector respectively as a sampled bank. Study is secondary data base and time duration is from 2018 to 2022. Correlation and regression has been applied to know the relationship and impact of independent variable Gross non-performing assets and Net non-performing assets on dependent variable of profitability Return on Assets. The result of analysis revealed that there is continuous growth in gross non-performing assets and net non-performing assets and decline in return on assets hence there is negative relationship between dependent and independent variable.729 views -
Theories of Punishment and Indian Judicial System
Ph. D. Scholar at Alliance University, Bengaluru, IndiaPages 1716 - 1729The underlying objective for introducing the concept of punishment is to bring social order in a society. When an unpleasant act is committed by a wrongdoer, the consequence of such wrongful act is punishment. Thus, the primary aim of the concept of punishment is to provide relief to the aggrieved party and to maintain a balance in the society through effective maintenance of law and order. In this article the researcher aims to understand the concept of punishment by focusing mainly on the various punishment theories. Furthermore, the researcher also makes an attempt to bring to its readers a simple critical analysis of the various theories of punishment so as to understand the functioning of the criminal justice system. This is a doctrinal research with the help of various secondary resources.834 views -
Empowering Women through Policy Programs: An Analysis of Government Schemes
Student at Gitarattan International Business School, New Delhi, IndiaPages 1730 - 1742Women constitute half of society's population, and it tends to be believed that excellent introduction belongs to women. But it's a harsh reality that women have been mistreated in every society for a long time, and India is no exception. Women's empowerment is an integral part of India's socio-economic development. Women are victims of various evils, including discrimination, oppression, and violence, in their families, workplaces, and society. Numerous laws, many of which were passed during the British era, including the Abolition of Sati Act, 1829; Widow Remarriage Act, 1856; Child Marriage Restraint Act, 1929; Dowry Prohibition Act, 1961; and others, were passed by the legislature to improve the status of women in India. Aside from these laws, other acts about business or employment have special provisions for women, such as the Workmen Compensation Act of 1923, the Payment of Wages Act of 1936, the Factories Act of 1948, the Maternity Benefit Act of 1961, the Minimum Wages Act of 1948, the Employees State Insurance Act of 1948, and the Pensions Act of 1987, among others. The Indian government has introduced numerous schemes and initiatives over the years to address the multifaceted challenges faced by women and promote gender equality. This research paper examines the objectives, implementation mechanisms, and impact of various government schemes for women's empowerment in India. Key schemes analyzed in this paper include the Beti Bachao Beti Padhao (Save the Girl Child, Educate the Girl Child) initiative, Mahila Shakti Kendra, STEP (Support to Training and Employment Program for Women), Ujjwala Scheme and Working Women Hostel Scheme. Each scheme is evaluated based on its effectiveness, reach, and contribution to women's empowerment in India. This research paper is a valuable resource for policymakers, scholars, and activists interested in the development and impact of government programs for women's empowerment in India. It also provides insights into the broader global examination of gender equality and governments' roles in promoting inclusive development.760 views -
Formal and Substantive Equality
Student at National Law University, Nagpur, IndiaPages 1743 - 1750This research paper delves into the crucial concepts of formal and substantive equality in the context of Indian society and its constitution. Formal equality, which advocates equal treatment for all, and substantive equality, which emphasizes equitable outcomes based on individual needs, are examined. The paper explores how the Indian constitution addresses these two forms of equality and the importance of striking a balance between them. It highlights the limitations of formal equality and the necessity of substantive measures to address societal disparities effectively. The study employs a doctrinal research methodology, drawing from secondary references such as articles, books, newspapers, and opinion pieces. In conclusion, the research underscores the significance of substantive equality in promoting fairness and equal opportunities for marginalized groups.2,717 views -
Presumption of Innocence v. Presumption of Absence of Consent: Exploring the Impact of Section 114-A on Sexual Offence Cases
Student at Symbiosis Law School, Hyderabad, IndiaPages 1751 - 1759Under Section 114A, Indian Evidence Act, 1872 (hereinafter referred to as “IEA”), absence of consent in rape cases is presumed. This legislature aims to benefit and protect alleged rape victims. However, its implementation is fraught with obstacles, particularly with respect to its hypothetical clash between with the globally accepted legal principle of presumption of innocence (i.e., every defendant in a criminal trial is presumed to be innocent until the prosecutor has presented sufficient evidence and arguments to prove beyond a reasonable doubt that the accused has committed the crime.) This article is descriptive in nature and aims to objectively provide a detailed account of the subject matter and establish a baseline understanding of Section 114A of the IEA and its clash with the principle of the presumption of innocence in cases of sexual offence. It discusses the rationale behind Section 114A, the unique challenges in evidentiary procedures in rape cases and this section’s implications on the rights of an accused person. As an important matter related to human rights, striking a balance between protecting sexual assault victims and upholding the rights of the accused is paramount to ensure justice and fairness in the legal system.1,406 views -
Critical Analysis on Money Laundering in Banking Sector
Student at Tamilnadu Dr. Ambedkar Law University (SOEL), IndiaPages 1760 - 1775In further development of banking sector gives raise to crimes. Banking is prime institution which regulates all activity and flow of money in all the countries. It acts as a mediator and monitoring institution of money transactions. How crime take place in banking sector? Because money is the priority motive of perpetrators and banks work only with money. Banks is not only victimized because of theft, robbery, debt by fraudsters, it also affected by perpetrators who try to disguise their ill gained money from organized crime to show as legitimate money to tax authorities and not to be filed under any criminal activities. The activity of changing the ill gained money to legitimate source of money is known as money laundering and it is been federal international crime involving large group of countries around the globe. Money laundering is of easy way to convert their money through injecting it to bank by making small deposits and making them flow through normal money and returning back it to launders. This crime does not seem to be affecting any person or banks, then why it been a sever issue, no this money laundering act looks like an easy way changing money, money laundering is the back bone of organized crime. if there is no option for money laundering perpetrators cannot change their source of income as legitimate one and they will be odd one out and can be easy to be caught by appropriate authority. Money laundering should be eliminated in every country and the existing laws should be amended and diversified with special law enforcements and agencies without any consideration. Anti – money laundering program should be implemented at various countries and regions In this article, we are going to study about how money laundering take place in banking sector, laws governing Anti -money laundering and law enforcements, History of money laundering, current statistical report, future prevention of money laundering in banking sector is possible and to what extent.698 views -
The Impact of the Pegasus Spyware Controversy on the Right to Privacy in India
Student at Army Institute of Law, Mohali, IndiaPages 1776 - 1784The current world is run by technology and network connections. And in such a world where everything is becoming digital through everyday developments, it is crucial for us to know that everything we store on our personal devices are secure and there is no threat to our privacy. We must know what cyber security is and how we can use it efficiently and effectively. Our systems, devices, important files or documents, contacts, data and other important virtual things are at a big risk if there is no security to protect it. The development of latest technology and weaponized software presents considerable cyber security challenges, with the Pegasus spyware, developed by NSO which is an Israeli group, serving as a prominent example. The Pegasus spyware is a malicious code which operates secretly, infiltrating the target systems without the knowledge of the user and extracts sensitive information. This research aims to investigate into the peculiar characteristics and consequences of the Pegasus spyware. It also explores its methods of generation, the extent of control granted, its potential for tracking and its ability to exploit zero-day vulnerabilities, without the user’s engagement. This study also highlights the Pegasus spyware as a cyber security threat to the right to privacy in India due to its powerful surveillance capabilities and its limited traceability. This research provides acumen into the working of the Pegasus spyware system and paves the way for developing constructive measures and strategies to safeguard the systems and user privacy.697 views -
Moral Rights and their Position in the Digital World: An Appraisal
Research Scholar at Department of law, Aligarh Muslim University, Aligarh, IndiaPages 1785 - 1800This paper examines the theory and purpose of moral rights and explores moral rights in the digital context. By mistreating the author's work, the idea of moral rights seeks to save him from experiencing the moral, intellectual, or spiritual repercussions. The concept of moral rights is challenged in three different ways by the digital age. The principal type of legal control guiding emerging technology is now copyright law. Second, there may be conflicts between modern technologies and artistic production. For instance, a computer programme that creates art is also one that is protected by copyright laws as a literary work. Third, new technological advancements have also made it feasible for the general people to participate in artistic creations in a novel way, introducing subtle and undetectable changes. The effect of digital technology on authors' moral rights is the subject of this essay. Due to the ability to copy, modify, and distribute works of art using information technology, it is extremely difficult for authors to control how their works are used and, when problems arise, to preserve their moral rights.Despite these issues, this essay argues that because of modern technologies, moral rights are actually becoming more significant. Just as the power to alter works is at its greatest, issues about creative integrity and the preservation of cultural heritage become more important. This paper contends that the development of technology demands a new understanding of moral rights, one that emphasises future cooperative efforts between authors and their audience to preserve culture. Technology has the impact of "democratising" author-audience connection by allowing for closer audience-author collaboration during the creative process. Despite the possible threat to artistic integrity, authors and artists should accept this transition due to the long-term advantages it will bring to cultural life.Modern technologies raise questions about the applicability of established moral rights doctrine, law, and practises because they are based on the same principles that underpin defending moral rights. Notably, the digital era has given rise to new ways to create artistic works as well as the possibility of new sorts of works, themselves, which has challenged our conception of authorship, creative activity, and their interrelationship. This paper makes an effort to illustrate the challenges that moral rights encounter in the modern digital environment.1,001 views -
The Role of the Legal System in Preventing and Responding to Child Abuse
Assistant Professor at School of Law, Sathyabama Institute of Science and Technology, IndiaPages 1801 - 1809Child abuse is a pervasive and deeply troubling issue that affects countless children worldwide, leaving enduring emotional, psychological, and physical scars. This abstract explores the complex dynamics of child abuse, shedding light on its various forms, causes, consequences, and preventive measures. Child abuse encompasses physical, emotional, sexual, and neglectful maltreatment of minors. It often occurs within families, affecting children's well-being, trust, and development. The causes of child abuse are multifaceted, with factors such as parental stress, substance abuse, mental health issues, and intergenerational cycles of abuse playing significant roles. The consequences of child abuse are far-reaching, affecting victims well into adulthood. It can lead to a range of problems, including mental health disorders, impaired social relationships, and increased risk of engaging in abusive behavior themselves. Prevention is the cornerstone of addressing child abuse. Public awareness campaigns, improved social services, and accessible mental health resources for families can mitigate risk factors and promote child safety. This abstract emphasizes the urgent need to recognize, prevent, and respond to child abuse, with a collective effort to ensure every child's right to a safe and nurturing environment. Only through comprehensive and sustained action can we protect the world's most vulnerable members and break the cycle of abuse.692 views -
A Study on Boon and Bane of One Nation One Election in Indian Political System
Guest Faculty at Government Law College, Viluppuram, IndiaPages 1810 - 1819This paper studies about the advantages of One Nation One Election in a detailed form. This paper also presents a picture of One Nation One Election system in other democracies and how it differs with India. This paper also studies in detail about the past reports of ECI, Law Commission and Parliamentary Standing Committee in view with Simultaneous election of State Legislatures and Lok Sabha. This paper is necessary at the present scenario to address the advantages and disadvantages of One Nation One Election. There are economical advantages of One Nation One Election on one hand and there is a possibility of an end to multi party system in another hand due to Simultaneous election of State Legislatures and Lok Sabha.1,017 views -
Biopiracy; The False Innovation: The Epistemological Lens
Advocate enrolled with the Bar Council of Delhi, IndiaPages 1820 - 1828The commentary critically examines the Intellectual Property Rights from its epistemological framework. It explores how the definitions of ‘innovation’ and ‘creativity’ that are adopted across the world by IPR regimes, are such that they not only permit but also encourage the exploitation of knowledge and resources in the public domain, leading to economic and moral failures. The author especially engages with ethical considerations of patenting living organisms and biological processes. The author takes support from the analysis of Dr. Vandana Shiva to state that innovation should not be commercially defined. It is the author’s argument that the guarantee of profit is not the driving factor of human creativity. Through an epistemological lens, it is the author’s objective to bring forth the failures of existing theories in IPR law and their hazardous impact on public interest.2,202 views -
Current Issues in TRIPS in the Aspect of World Trade Organisation
Student at Vellore Institute of Technology, Chennai, IndiaPages 1829 - 1840The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is essential for promoting trade in knowledge and innovation, resolving intellectual property trade disputes and ensuring the freedom of World Trade Organization (WTO) members to pursue their domestic objectives. The current issues in the TRIPS agreement range from access to medicines and concerns relating to public health from the time frame of COVID 19 to issues relating to geographical indications, digital trade, E- commerce, traditional knowledge and genetic resources. This paper focuses mainly on the current issue of biotechnology and traditional knowledge in the TRIPS agreement and how it is addressed by the World Trade Organization.2,726 views -
Transforming Data Privacy: An Analysis of India’s Digital Personal Data Protection Act
Guest Faculty at Himachal Pradesh University Institute of Legal Studies, Shimla, IndiaPages 1841 - 1853The Digital Personal Data Protection Act of India (DPDP) represents a transformative milestone in India's data protection landscape. Enacted after years of deliberation and drawing inspiration from the GDPR, the DPDP Act aims to establish a comprehensive framework for the processing of personal data, encompassing both public and private entities regardless of their size. The Act introduces fundamental concepts such as "data fiduciaries" and "data principals," providing equal protection to all forms of personal data. Emphasizing consent as a primary basis for data processing, the Act grants certain rights to data principals, setting the stage for greater transparency and control over personal data. It also outlines responsibilities for data fiduciaries, focusing on data security, breach notification, and accountability. However, the Act has been met with some criticism, particularly concerning exemptions for journalistic purposes and the significant regulatory authority granted to the central government. Despite these concerns, the DPDP Act lays a strong foundation for the protection of personal data in India, aligning with the fundamental right to privacy recognized by the Supreme Court. It represents a crucial step forward, addressing the gaps in the previous data protection framework and positioning India in the global landscape as a country committed to safeguarding personal data.1,066 views -
Human Trafficking: A Modern Time Slavery
Assistant Professor at Department of Law, Aligarh Muslim University, Centre Malappuram, Kerala, IndiaPages 1854 - 1865When we talk about human being living within a territory of a country one of the first thing which comes in our mind is the rights and protection which has been assured to them, especially in a country of democratic nature. In India’s context we can see that how our lawmakers were concerned about our rights and protection of the same. Articles are enshrined therein Constitution to protect an individual from any abuse or violations. When these rights are violated and that person is made deprived of it is not only the issue of that particular individual but of the state as a whole. One of the most heinous crime by which a person is deprived of those fundamental right vested is in the form of 'Flesh Trade' Or 'Trafficking of a person'. It is a form of epidemic witnessed by developing as well-developed state. In all these mishaps and increasing cases the judiciary system of India is trying to protect those victims and to ensure that the legislative measures taken to curb this down is adhered to. A very impact full role is also played by the NGO's in rescuing those victims from those unfavorable and deteriorating conditions. his abstract also delves into the complex web of factors that contribute to the persistence of human trafficking, including poverty, lack of education, gender inequality, armed conflicts, and weak legal systems. Additionally, it explores how globalization and digital technologies have both exacerbated and facilitated this modern form of slavery, enabling traffickers to exploit vulnerable populations more efficiently.706 views -
The Landscape of Corporate Governance in Banking Sector in India
Ph. D. Research Scholar in Law at Fakir Mohan University, Balasore, Odisha, IndiaPages 1866 - 1881The latest business environment is being bustled around the concept of Corporate Governance. All credit to liberalization and globalization that have led to the resurgence of the concept of Corporate Governance across the globe. It is based on the dictum of accountability, transparency, responsibility, fairness, risk management and quality. Banking as is different from other forms of business has commonly been treated as a matter of public interest given its overall significance and far-reaching repercussions on the economy both in regard to its linkages with the primary sector and for providing a payments and settlement system. The sustained initiatives embarked upon by the Reserve Bank of India and the government to ameliorate the notion of governance in banking sector cannot be said to be ineffective but its efficacy is still shrouded with question mark. This paper critically examines the existing governance practices in the banks throughout the country in the light of the financial status of the banks in recent past, elaborating on the issues of governance in banks and the consequences the banks are facing because of poor corporate governance in the banking sectors. It also analyses the feasibility of the existing legal framework and the effectiveness of the actions taken in respect to governance by the regulatory authorities.709 views -
Incorporating International Law in India: The Transposition between the Incorporation and Transformation Theory
Research Scholar at School of Legal Studies, Cochin University of Science & Technology, Kerala, IndiaPages 1882 - 1890International law seeps into the domestic realm through prominently two channels, domestication in the form of legislation or raw usage of international law. This penetration of international law into the domestic realm serves as the backdrop for the formulation of theories, to name a few, transformation and incorporation, acknowledging the indirect and direct implementation of international law in the domestic realm respectively, and reflecting the relationship between these two legal regimes. In India, reliance on the transformation model has been seen over the years however, in a few cases, a tilt from the same has also been observed, which is often connoted as a shift from Dualism to Monism. The onset of this article thus strives to explain the concept and distinction between international law and domestic law and the legal discourse that throws light upon the transposition between these theories and international principles. In the end, the author suggests amiable recourse for balancing between these two tendencies.889 views -
The Suspect’s Right to Information in Police Proceedings
Ph.D. student at Faculty of law Iustinianus Primus, University Ciryl and Methodius - Skopje, North Macedonia.Pages 1891 - 1900In the paper, the subject of analysis is the right of the suspect, when he is brought to the police station for the first time, the right to get the opportunity to be informed about their rights so that he would know which next steps to take to protect their constitutionally guaranteed rights. Through the prism of informing the suspect, his status in Macedonian criminal law and Macedonian criminal law practice, the conditions he faces when he is brought to the police station, the degree of respect for their rights and the personality of the suspect are presented. Furthermore, an overview of the international documents governing this issue is given, where in the European Union system the suspect is classified and how much their natural rights come to the fore when needed. The principles that rule in the European Union can also give a general picture, albeit with a dose of reserve, for the regulation of the respective issue in the other members of the European Union. The main emphasis is on the position of the suspect in the criminal justice system of Republic of North Macedonia, the degree of respect for their constitutionally guaranteed rights, the real problems that are present and whose presence is an obstacle to realizing the suspect's right to information. In the final part, as a concluding observation, I would raise the question of how far the institutions that are responsible for protecting human rights in general, and hence this specific right that belongs to the suspect, are up to their task and actively participate in the direction of improving the status enjoyed by the suspect in the criminal justice system.956 views -
Emerging Ethical Challenges to the Legal Profession
Ph.D. student at Faculty of law Iustinianus Primus, University Ciryl and Methodius - Skopje, North Macedonia.Pages 1901 - 1912Within the scientific paper we will get acquainted with the Code of Ethics that governs the Public Prosecutor’s Office, as an institution with a specific rule of conduct. For this purpose, firstly, it will be presented in the introductory part, the historical development and evolution of the public prosecution, its beginnings, affirmation and evolutionary development. Throughout the topic I will have the opportunity to present what kind of code of ethics exists in the state of Missouri in the United States of America, because through the prism of a state, we can draw conclusions about ethical codes in other states in the United States. The subject of the research will be ethical code of judges and public prosecutors in Italy, which is named “Ethical Code of Judges in Italy“. The reason for the common codex is the fact that it is adopted by the Association for Judges and Public Prosecutors in Italy. The main emphasis would be placed on the comparative review of the European aspects of the code of ethics and behavior of public prosecutors and the code of ethics of the public prosecutors in the Republic of North Macedonia. What is that our country should have in order to be characterized as a state in which the public prosecutor’s office enjoys high moral values as an instigation? In the end, in the concluding observations, I would ask the question about the body that adopts the Code of Ethics in the Republic of North Macedonia. Why in other countries does the codex bring associations of public prosecutors, and in our country the public prosecutor?678 views -
Police Reforms in India: Why, What & When?
Student at O.P. Jindal Global University, Sonipat, Haryana, IndiaPages 1913 - 1922The issue of police reforms in India is a long-standing concern, marked by incidents of police brutality, delayed action, custodial deaths, and political interference within the police force. The present legislation governing the police in most Indian states dates back to the colonial-era Police Act of 1861, designed to serve British interests. In spite of several committees and commissions established post-independence, meaningful reforms have been difficult due to the governments’ reluctance to renounce control over the police. This paper critically examines the Police Act of 1861, the Model Police Act of 2006, the necessity for police reforms, the landmark Prakash Singh & Ors v Union of India & Ors case, and the challenges in implementing its directives. It underscores the urgency of reforming the police system in India, highlighting how archaic laws, political interference, and a lack of accountability have hindered effective law enforcement. The paper also discusses the Model Police Act and the need for its comprehensive adoption. With a focus on the Supreme Court's directives for reform, the paper focus on the status quo and emphasizes the importance for a more transparent, accountable, and people-centric police force. In conclusion, the paper calls for decisive action, including potential intervention by the Supreme Court, to expedite police reforms in India, considering the fundamental role of the police in ensuring a just and law-abiding society.1,241 views -
Honor Crimes: The Ruthlessness of Indian Society
Student at Guru Nanak Dev University, Amritsar, IndiaPages 1923 - 1935Honor killings, a heinous crime rooted in notions of family honor and societal norms, continue to plague India despite the country's commitment to democracy, equality, and human rights. This paper explores the persistent trend of honor killings in India and delves into the various factors contributing to its prevalence. It sheds light on the lack of legal redress, governmental negligence, and the influence of powerful individuals and khap panchayats (community councils). Furthermore, the absence of specific legislation to address honor crimes, high levels of illiteracy, and the rigid caste system contribute to the perpetuation of this crime. The Indian Constitution offers strong protections against such acts, with provisions emphasizing equality, freedom of religion, and the right to life. Legal provisions and penalties for offenders are outlined, ranging from murder and attempted murder charges to criminal conspiracy. Key judicial decisions, such as the landmark Shakti Vahini v. Union of India case, emphasize the need to curb honor crimes and hold those responsible accountable. The paper also highlights recent cases of honor killings, illustrating the ongoing brutality faced by individuals who defy societal norms in their choice of partners. Despite these challenges, India's judiciary has taken a firm stance against honor killings, emphasizing that such acts have no place in a modern, democratic society. This paper ultimately calls for stronger legal measures, societal awareness, and the dismantling of regressive traditions to eradicate the scourge of honor killings in India and ensure the protection of individual rights and freedoms.647 views -
Invocation of section 29 of the NDPS Act, 1985 – When and How: An analysis
Assistant Director (Narcotics) at National Academy of Indirect Taxes, Customs and Narcotics, Faridabad, IndiaPages 1936 - 1976Abetment and Criminal Conspiracy are covered under section 29 of the NDPS Act 1985. This article analyses the requirements to be met while invoking the provisions of section 29 of the NDPS Act 1985. While explaining the fine points of section 29 of the NDPS Act 1985, it also discusses the inter play of various Central Acts viz. The Indian Contract, Indian Evidence Act, Indian Penal Code for a proper understanding of section 29 of the NDPS Act 1985. Suitable case laws are also discussed herein.1,779 views -
Criminal Trials in India: Lawyer’s Perspective
PhD Candidate in Law at IFHE, Hyderabad & Practising Advocate in Telangana & Andhra Pradesh High CourtsPages 1977 - 1987The investigation, prosecution, and adjudication of criminal proceedings in India are governed by the Code of Criminal Procedure (CrPC). A criminal case's pre-trial phase is an essential time when many significant choices are taken that could influence how the trial turns out. Investigation is one of the main and essential parts of Criminal Justice system. An efficient and timey investigation is inevitable. In India due to the inefficient opaque and delayed investigation the innocent person has to suffer and the culprit gets the benefit of it, either in form of bail or acquittal. Scientific methods of collecting evidence are not used by police in India. When investigating officer fails to find sufficient true evidences they try to include false evidences. The Indian judiciary plays a significant role in protecting the rights of the people and it has tried to give certain rights like right to speedy trial, right to fair trial etc. a constitutional status by including all these rights within the purview of Article 21 of Indian Constitution. The judiciary in India has played a dynamic role in the dispensation of justice by providing fair and just trial to all its citizens. This paper describes all facets of criminal trials in India and also delves into the role of public prosecutor in investigation and prosecution and stresses the need for a comprehensive new law for speedy adjudication of criminal cases in India.946 views -
The Uniform Civil Code and its Impact on Family Law
Student at SASTRA deemed University, IndiaPages 1988 - 1999In the context of Indian family law, the Uniform Civil Code (UCC) is thoroughly examined in this study work. The paper examines the historical development of personal laws in the country, beginning with a thorough explanation of the UCC's definition and goals. The multifaceted phenomena of legal plurality in India is thoroughly examined, with particular attention paid to the coexistence of several personal laws that serve various religious sects. The analysis carefully lays out the possible benefits of introducing a UCC into family law, emphasizing its potential to promote gender parity, enhance social cohesion, simplify legal procedures, and strengthen human rights protections. The essay also discusses the UCC's significant obstacles and contentious concerns, including the cultural and religious hostility to it and the difficult work of balancing religious convictions with constitutional rights. The study provides useful insights and best practices by doing a comparative comparison with other countries that have successfully implemented UCCs. A number of implementation options for the UCC are illustrated by case studies from Tunisia, Turkey, and France, demonstrating how easily these reforms may be adapted to various cultural and legal contexts. The paper's conclusion, which emphasizes the value of incorporating stakeholders and fostering consensus, presents a strategic framework for the gradual adoption of a UCC. It imagines a time when a UCC in India can help create a legal system for family affairs that is more inclusive, equitable, and well-coordinated and that reflects the changing dynamics of Indian society.1,455 views -
International Data Protection Laws
Teaching Assistant at PG Dept. of Studies in Law, Karnatak University Dharwad, IndiaPages 2000 - 2019Immense concerns are already prevailing with respect to the protection of personal data and information, in essence the right to one’s privacy. The right to privacy refers to the specific right of an individual to control the collection, use and disclosure of personal information. Personal information could be in the form of personal interests, habits and activities, family records, educational records, communication records including mail and telephone, medical records, financial records etc. The privacy rights have to be promoted and protected not only in the physical world but also in the virtual world like cyber space. Privacy if not properly protected faces the danger of being abused by other entities of the cyber space. This has generated a hot debate about the protection of privacy in cyber space.2,502 views -
Power-play in “Jane Eyre” and “Wide Sargasso Sea”: Confinement and Discipline
Student at University of Edinburg, UKPages 2020 - 2026Nineteenth century England saw women as creatures vulnerable to mental illness owing to their biological framework. Hysteria, which developed a steady medical interest during that period, was a term that became socially demeaning because it was used to describe women who embraced their sexual freedom, were susceptible to temptation and had ‘fallen’ too far beyond the protection of a society. The Victorian society aspired to build itself the ‘good woman’, enmeshed within its stringent laws and unyielding patriarchal aspirations; and, in doing so, confine the ‘uncontrolled sexual energies’ of the ‘hysterical’ woman in asylums. My close reading analysis and comparative study would explore the narrative and authoritative structures through which power structures attempt to confine, censure and discipline Antoinette Cosway or Bertha Mason in Charlotte Bronte’s canonical text ‘Jane Eyre’ (1847) as well as in Jean Rhys’ counter narrative ‘Wide Sargasso Sea’ (1966).803 views -
Sustainability through Different Lenses
Student at University of Mumbai Law Academy, IndiaPages 2027 - 2039This research paper takes a closer look at India's journey towards sustainable energy solutions, focusing on government policies, business initiatives and how consumers are changing their behavior . India is the world's third largest energy consumer and faces the challenge of balancing impressive economic growth with environmental conservation. India has actively adopted renewable energy sources, especially solar and wind power, in line with global sustainability trends. Additionally, the country is actively promoting cleaner transportation options, such as electric vehicles, and exploring the integration of ethanol to create more environmentally friendly fuels, thereby promoting sustainability across all fields. The study is structured around two main questions. First, it evaluates the measures taken by the Indian government to promote energy sustainability. The analysis shows that India has taken a pragmatic approach, using financial incentives and international partnerships to promote clean energy adoption. Second, it looks at how consumers, especially in the Asia-Pacific region, respond to sustainable products. Research shows that consumers are increasingly willing to invest in environmentally friendly options. Businesses, regardless of size, play an important role in sustainable environmental development. Many of them apply environmental, social and governance (ESG) criteria to promote ethical practices and environmental responsibility. This corresponds to consumer preferences increasingly for sustainable products. Investors are also looking at ESG factors, putting pressure on companies to comply with these criteria. The linkages between sustainable development efforts are evident in global initiatives such as the Paris Agreement and growing cooperation between countries and businesses. Challenges remain, including trust issues around sustainability claims and difficulties in disseminating information. However, the shift to sustainable practices is undeniable. Consumers are increasingly aware of sustainability, which is reshaping business strategies and driving innovation. This transformation not only meets consumer needs but also contributes to a more sustainable and environmentally responsible future.651 views -
Breaking the Cycle: Fostering Educational and Health Access for the Children of Sex Workers
Ph.D. Research Scholar at Faculty of Law, University of Lucknow, Lucknow, IndiaPages 2040 - 2054Children are revered as the most precious gifts of God, embodying the very essence of a nation's future. Their rights have been recognized nationally as well as internationally. This recognition begins even before their birth. In India, a robust framework of legislation, authorities, and institutions has been established to ensure the holistic development of children, improve their health, maintain their well-being, and nurture them into responsible future citizens of the country. Even after this, the children of sex workers are fighting for the basic needs for survival. Their sufferings are just because they have been born to single mothers selling their bodies for money out of their unbearable circumstances and poverty. The stigma attached to sex work creates a domino effect in the lives of children and fills them with self-hatred, illiteracy, poverty, ill-treatment, etc. These continuing effects can be stopped by education and with the collective efforts of the government and civil society. However, we have witnessed very few efforts from the government’s side particularly focusing on children of sex workers prompting the non-governmental organizations (NGOs) to step in and bridge the gap. This paper covers some of the efforts and initiatives undertaken by NGOs for the education and well-being of children of sex workers. We need a collective effort to break the cycle and to convert this nasty picture of life into a beautiful one filled with equality, and dignity.789 views -
Wartime Rape; the Continuation of an Invisible War
Lecturer at Department of Law, Bangabandhu Sheikh Mujibur Rahman Science and Technology University, Gopalganj, BangladeshPages 2055 - 2065During the war and armed conflict rape and sexual violence are commonly used as illegal means to humiliate and suppress the opposite party. Mass rape during war turns into genocidal rape when committed to destroy, in whole or in part, a targeted group. The impact of rape is not only limited to the immediate effects of the physical attack but has long-lasting physical and mental consequences. Considering the long-term post-war effect of rape, it acts as a more powerful weapon than a bomb or a bullet. Even if the victim survives after wartime rape, death may eventually result from abandonment and deprivation, diseases such as AIDS, further violence and murder, suicide, or other self-harming behavior. Survivors require life-saving psychosocial support to recover from the psychological and social impact of the violence, which they are hardly provided. In comparison to their unending sufferings, they get very little attention from international humanitarian organizations. Extended application of International Humanitarian Law in post-conflict situations can redress the rape victims to overcome their hardships and trauma.840 views -
AI-augmented Governance of the Ghanaian Healthcare Delivery System: Ethical and Privacy Issues in Patients Medical Records, Access and Retrieval
RGN, MPH, Independent Researcher, GhanaPages 2066 - 2091AI-augmented governance of the Ghanaian healthcare delivery system has undoubtedly revolutionized the way medical records are accessed and retrieved. However, it is imperative to address the ethical and privacy concerns surrounding patients' medical records. Firstly, the use of AI raises ethical issues regarding patient consent and autonomy. Patients have a right to know how their medical data is being used and shared. Without proper informed consent, AI algorithms may access sensitive information without patients' knowledge or approval. This infringes upon their privacy rights and undermines their autonomy in decision-making. Furthermore, there is a risk of data breaches and unauthorized access to patients' medical records when AI systems are involved. The Ghanaian healthcare system must ensure robust security measures are in place to protect patient information from cyber threats. Failure to do so not only compromises patient privacy but also exposes them to potential harm if their data falls into the wrong hands. In conclusion, while AI-augmented governance offers numerous benefits for the Ghanaian healthcare delivery system, it is crucial to prioritize ethical considerations and safeguard patient privacy. Stricter regulations should be implemented to ensure that patients have control over their medical records and that their personal information remains secure. Only by addressing these concerns can we fully harness the potential of AI in improving healthcare outcomes while maintaining respect for individual rights.937 views -
The Crucial Interplay between Ships’ Nationality, Manning, and Port Access in the Maritime Sector
Student at St. Joseph's College of Law, IndiaPages 2092 - 2106The law of the sea is a branch of international law that governs the rights and responsibilities of nations with regards to their use of world seas, their conservation and management of marine resources, boundaries, and navigation. This paper analyses the law of the sea with regards to conventions related to nationality of ships, labour standards and access to ports with relevant cases. According to Article 5 of the 1958 Convention on the High Seas and Article 91 of the 1982 UN Convention on the Law of the Sea, there must be a "genuine link" between a ship and the State that is claiming to grant that ship its nationality. However, neither Convention clarifies or specifies what is meant by a genuine link, nor do they both specify what happens in the event a genuine link cannot be established. This study's objective is to explain what is meant by a "genuine link" and what consequences its absence has. Additionally, this paper examines the international conventions governing the employment of seafarers and the acknowledgement of the impact of human factors on ship manning and safety. The responsibilities of flag states are no longer the sole subjects receiving international attention; other issues include trade-related regulations, port state control, state control of citizens, and information retrieval and interchange. This paper aims to provide a deeper understanding of this important area of international law and its contemporary relevance to global governance.791 views -
The Economic Impact of Criminal Law: Analysing the Costs and Benefits of Criminal Justice Systems
Student at VIT AP University, IndiaPages 2107 - 2119This research paper delves into the intricate economic implications of criminal law and the associated criminal justice systems, aiming to dissect the costs incurred and benefits reaped by societies worldwide. It explores the economic rationality of criminals, the concept of perfect compensation, transaction costs in criminal law, and the application of the Coase Theorem to achieve economic efficiency in criminal justice. The economic model of criminal Behaviour is examined, acknowledging that individuals make rational choices when deciding whether to commit a crime, considering potential gains and costs. The findings underscore the complexity and significance of this multifaceted field, emphasizing the intricate relationship between economics and criminal law. Understanding the economic impact of criminal law is pivotal in informed decision-making and contributes to a comprehensive perspective on the economic implications of criminal justice systems.817 views -
Emerging Issues of Dacoity under the Indian Penal Code
Student at VIT school of Law, Chennai, IndiaPages 2120 - 2136Dacoity is a type of violent robbery that is done by an armed group. There is no difference between robbery and dacoity, except for the number of people involved. Robbery is considered dacoity if there are five or more people involved. In Malaysia and Singapore, dacoity is called 'gang robbery'. To be considered dacoity, it's necessary for five or more people to conspire to commit a robbery or attempt to commit a robbery. If only one person conspired to commit a robbery, there would be no doubt that the dacoits had the booty with them. Dacoity consists of three components: The accused commits or attempts to commit a robbery; The persons committing or attempting a robbery and those present and aiding in the act must be at least five in number; All such persons must act together. This paper analyzes about nature of dacoity and relevant provisions under the Indian Penal Code.1,412 views -
Competition Law in Digital Market: Need of Hour
Research scholar at Department of law, University of Rajasthan, IndiaPages 2137 - 2146The article discusses the sufficiency of existing competition law amid growing digital economy. The digital economy is growing at very fast pace. There are certain areas that are not covered under existing competition law with regard to digital market. In order to remedy the existing deficiencies, the Competition Amendment Act of 2022 was passed. The following article discusses the components and recommendations of Amendment Act and also discusses the “Report on Anti-competitive Practices by Big Tech Companies”, the necessity of ex-ante regulations and introduction of Digital Competition Act.733 views -
K-Pop & Hyper-Consumerism: A Colorful Chaos
Student at O. P. Jindal Global University, Sonipat, IndiaPages 2147 - 2154Min-Ji is a 19-year-old college-going student during the day and an ardent K-pop fan during the night, with a modest inclination towards the BTS. One of the strongest proofs of her craze for K-pop is her dorm room at the University. The room is covered with posters and photo frames of BTS members. More than University books and supplies, the shelves in her room are decked with BTS albums. More than her family photos, there are photos of J-Hope, a BTS member. She is an avid K-pop fan who purchases their merchandise wherever she goes. Her mission is to buy all products of BT21. BT21 are characters created by the BTS members that have made Min-Ji a fanatic for these products. Many Min-Jis are in the corners of the World 'consuming' their favorite K-pop band’s products and flying across the World to watch their events. This craze makes a bystander wonder what it is about K-pop, the Korean popular music industry that creates such a massive fan following all over the globe! The present article explores the above.1,301 views -
Left Behind and Stateless: The Suffering of Children of ISIS and their Quest for Asylum under International Law
Student at National University of Law, Ranchi, IndiaPages 2155 - 2170This commentary delves into the issue of stateless children who are confined at the al-Hol camp in Syria due to their alleged affiliation with ISIS. The main question addressed in this Comment is whether these children, who cannot be charged with terrorist-related crimes and are unable to repatriate, are eligible for asylum under relevant international law, particularly the 1951 Convention on the Status of Refugees and its 1967 Protocol. The Comment argues that the confinement of children at the al-Hol camp violates international human rights law and the rules of war, and that the camp's filthy conditions are not in the best interests of the children. The opposition of Western nations to repatriation leaves these children stateless and ineligible for citizenship. This Comment contends that the foreign children at al-Hol camp meet the criteria for refugee status, as they are being persecuted as a specific social group, defined as "children who lived in the ISIS regime and who do not have the ability to be repatriated to their home country." The Comment concludes by highlighting the ongoing violations of international law at the al-Hol camp, with the children being punished by their home countries, the Syrian government, and the Kurdish administration.735 views -
Hate Speech in Social Media
Student at Jagiellonian University, IndiaPages 2171 - 2176Once confined to the barriers of the physical world, hate speech has now spread across the Internet and has become increasingly visible on mainstream social media platforms. Fearing that this harmful rhetoric will incite violence and drive extremism, governments worldwide are passing laws and regulations and pressuring social media companies to implement policies to stop the spread of online hate speech. However, despite its widespread, hate speech does not have a single legal definition. In this article, I discuss the various definitions of hate speech, and its detection and juxtaposition with the freedom of expression citing cases for better understanding.1,020 views -
Sexual Autonomy of Married Women in India: Contemporary Constitutional Challenges
Ph.D. Research Scholar at Dharmashastra National Law University, IndiaPages 2177 - 2187The female body and its autonomy is a contested and debated space. It, however, is an arena where it is construed differently in different contexts and is a site for massive power struggles. The body, being intensely personal, rests within itself the manifestation of social relations, gender, caste, and community. The polarity between a female’s mind and body is a fabricated and socially conditioned one. More than often, the manner in which a woman associates herself with her body and its subsequent manifestation results in her rights being violated and suppressed. This further leads to her mental and physical spaces being hindered. Such a division into mind and body categories leads to a loss of autonomy over the body and personhood. Control of society also renders the female body powerless and violates their bodily integrity. This paper aims to explore the connection between the female body and its rights along with the complex yet complementary relationship between sexual autonomy and women’s empowerment in India. The paper proposes to provoke a discourse over sexual autonomy and consent when it is meaningfully given, with full knowledge and understanding of its consequences and understanding it, especially through the lens of fundamental rights.1,053 views -
Comparative Study of the Presidential Election in India and U.S.
Research Scholar at Narayan School of Law, GNSU, Sasaram, Bihar, IndiaPages 2188 - 2195Presidential election in India and U.S. are different in various perspectives. Like India and U.S. both have democracy form of government and they both have people from different community. On the other hand, there are differences also. India is developing country and U.S is developed country. U.S is among super power country. Whereas India is still struggle with basic issues like, poverty and employment. When we focus on law; in Constitution of India under Art 53; it states about the executive head of country i.e. President. And in U.S law, as per constitution, under Art 2 Sec (1). President is the executive head of the country. By the analysis, it been seen that there are some similarities and also differences in the election process. In both countries President is elected indirectly by the people. It can be seen in both countries, that representatives of common people are given power to elected President. This shows the democracy nature of these countries. As representatives have to follow pubic desire. It includes many steps. Every system has its pros and cons. As already discussed, U.S is a super power whereas; India is just a developing country, which have its own issues like poverty, unemployment, illiteracy. This shows that, they have their different need and requirement as per the administration system and economic condition. India is vast country with so much diversity and challenges. In my suggestion Indian Presidential election process is much better comparing to hold directly election.6,209 views -
An Analysis of Corporate Governance Regime in India: A Success or Failure
Assistant Professor at Vivekananda School of Law and Legal Studies, Vivekananda Institute of Professional Studies, Delhi, IndiaPages 2196 - 2206Corporate governance refers to the set of laws, regulations, and procedures that govern organizations. It comprises carrying out the firm's business activities in line with the desires of its stakeholders or in the company's and its stakeholders' best interests. As the size of the finances and the opulence of corporate entities increased over time, the highly desired qualities began to be neglected, and those occupying high positions in these corporate entities began to take extreme measures to maximize the company or individual profits by engaging in extra-legal, unethical, and corrupt practices. Along with the other countries India has also seen financial scandals of higher degree throughout the recent past like the frauds involving Harshad Mehta and Khetan Parekh, Neerav Modi, and many more. These frauds have proven that corporate governance has failed despite several checks by regulating authorities like SEBI etc. Several efforts and new provisions are added by the Companies Act ,2013 but it is more important that the implementation of these rules is also done diligently.5,051 views -
The Act of a Child under the Indian Penal Code: A Detailed Analysis
Student at Symbiosis Law School, Hyderabad, IndiaPages 2207 - 2215Children, who lack the maturity to form their own opinions, are more prone to give in to temptations they should avoid due to an increase in crime rates around the world. As the future of the country, children require a special kind of protection to ensure a better and safe future of the children. The recent past has experienced a rise in the crime rates across the world. This recent trend has a detrimental impact on the children. This impact has given rise to the increase in the involvement of children in crimes which is termed as “Juvenile Delinquency” and it is a very significant issue for the country, and solutions must be carefully researched in order to put an end to the issue. The Indian legal system provides a special set of rules to deal with the acts done by children of the country so as protect them from the criminal liabilities. In the following research paper, the researcher has done detailed research to provide an analysis about the structure and the procedure of the legal system of the country on the acts committed by the Children as described under the Indian Penal Code. The paper also contains a detail study by the researcher about the recent amendments in the matter of “Juvenile Delinquency”.954 views -
International Cybercrimes, the Electronic Financial Transactions Authentication Systems and Serious Cyberpunk Fraud with an International Criminal Laws Appeals from the US, UK, India Contextualizing within Ghanaian Criminal and Cyber-laws and Regulations
Principal Consultant at E-Group Research Consulting Ghana Limited, GhanaPages 2216 - 2251International cybercrimes have become a pressing issue in today's digital age. With the increasing reliance on electronic financial transactions, it is crucial to ensure the security and authentication of these systems. Furthermore, serious cyberpunk fraud has emerged as a major threat, necessitating the need for international criminal laws to address this issue. The United States, United Kingdom, and India have taken significant steps in combating cybercrimes through their respective legal frameworks. These countries have recognized the importance of international cooperation in dealing with this global problem. However, it is essential to contextualize these efforts within Ghanaian criminal and cyber-law regulations. Ghana is not immune to the challenges posed by cybercrimes. The country has witnessed an increase in online fraud cases and financial scams. To effectively combat these crimes, Ghana must align its legal framework with international standards. By adopting international criminal laws appeals from countries like the US, UK, and India, Ghana can strengthen its cybersecurity measures. This would involve implementing robust authentication systems for electronic financial transactions to protect individuals' sensitive information. Additionally, Ghana should establish strong partnerships with other nations to facilitate information sharing and collaboration in investigating cybercrimes. This would enable swift action against criminals operating across borders. In conclusion, international cybercrimes pose a significant threat that requires immediate attention. By contextualizing efforts within Ghanaian criminal and cyber-law regulations while drawing inspiration from successful models like those of the US, UK, and India, we can effectively combat this menace. It is imperative that all stakeholders work together to create a secure digital environment for individuals and businesses alike.864 views -
Indian Tax Structure and its Role in Developing India: A Critical Analysis
Student at KIIT School of Law, IndiaPages 2252 - 2265The current research is focusing on a critical analysis of the Indian Tax Structure and its role in the developing India. The country's economic prosperity is determined by its tax structure, which is the primary source of government revenue. The simple concept of a taxation system is to make it easier for businesses to operate. This system helps a country's businesses grow and create jobs, but it also allows for the evasion of taxes. Unfortunately, the cost of doing business can prevent a country from achieving its goals. Since taxation is one of the most important factors in affecting country’s development, India has developed a well-designed tax system. According to the Indian Constitution, the levying of taxes and duties rests with the three levels of government. Despite the various revisions that have been made to India's taxation system, it is still not an ideal system. Several issues, such as tax avoidance, black money, and reliance on indirect taxes, indicate that the country will need to make significant changes in the future. A wide range of data have been obtained from the many official web pages of the Indian government. It is apparent that the nation offers an extensive array of taxation and revenue collection authorities. This study aims to analyse the evolution of the country's taxation system and its current status. The study uses both primary and secondary data available in different index journals to reach at its conclusion.1,441 views -
Should Men Get Equal Rights as Women?
Student at Narsee Monjee Institute of Management Studies, School of Law, Hyderabad, IndiaPages 2266 - 2271The fact that female makes a half of the portion of India's population routinely vulnerable to torture, starvation, humiliation, mutilation, and even murder. Nevertheless, women's rights are not frequently categorised as human rights, despite a clear history of fatalities and demonstrable abuse. What about men's rights, similarly? Do they have any protections from the physical abuse they experience. Should we extend to men the broad and unwritten rights that are given to women? In many ways, women's human rights are violated. Of course, women can experience the hand females experience many of the same problems; however, while women have some undefinable legal protections against physical abuse, men do not have any such protections. Men are always thought to be strong and capable of handling situations, while women are viewed as weak and unable to do so. Due to this, there have been numerous instances of men being physically and/or sexually assaulted without receiving the rights that should have been given to them. The public perception is that men can only physically or sexually assault women; men are never shown to be susceptible to such attacks. This essay will show how ambiguous the rights granted to women under the framework of human rights and how men do not see themselves as belonging to the group that can use these rights to defend themselves against the crimes they encounter in this cruel world. Rights for both men and women are extremely important in today's world because there are numerous crimes that are committed to both men and women. There are organisations or committees dedicated to men's and women's rights. From its inception, the Men's Movement has prioritised the formation of men's support groups. Organizations such as Sakhya Women’s Guideline cell supports women against sexual abuse. The movement assumes that humans are nurtured with these rights, right after their birth. In our society, both men and women have the right to their own gender characteristics, whether they come from nature or tradition. The interaction of such characteristics is considered an enrichment of our humanity if they are valued equally. Some important aspects of women's rights do fit into a civil liberties framework, but much of the abuse against women is part of a larger socioeconomic web that entraps women, making them vulnerable to abuses that cannot be classified as exclusively political or caused solely by states. Here, we'll try to find a solution to the problem of protecting men's and women's rights from physical and sexual abuse.1,065 views -
Self-Determination in Territorial Disputes before the International Court of Justice: An Analysis
PhD Candidate in Law at IFHE, Hyderabad & Practicing Advocate in Telangana & Andhra Pradesh High Courts, IndiaPages 2272 - 2287In its jurisprudence, the ICJ has developed a hierarchy of sources it will rely on to resolve territorial disputes: it prioritizes a boundary treaty between the state litigants, followed by agreements between the states' colonial predecessors, and finally state litigants' actions displaying their authority over the disputed territory. The Court's practice therefore leaves no room for local populations to contribute to boundary-making decisions. Given the status self-determination holds in international law today, and the repercussions possibly faced by such populations in certain territorial disputes, there is cause to consider that the desires of local populations should be considered in the Court's legal reasoning. This article first unpacks the reasons that self-determination is not brought up by state litigants on one hand, nor by the Court on the other hand. It notes that self-determination is only rhetorically addressed by states if buttressing their interests. It therefore attempts to reconcile self-determination with territorial disputes, suggesting how peoples' desires may be factored into the Court's approach.715 views -
Transformative Constitutionalism as on Constitutional Vision
Assistant Professor at School of Law, Department of legal Studies, VELS University, IndiaPages 2288 - 2297Constitution subject to amendment under Article 368 of The Constitution of India, 1950. The basic foundation of constitution determines the constitutionalism. The amendment subjects to transfer the constitution based upon the transferring constitutionalism. But, Other than parliament the Judiciary with the absolute power under the Constitution enabled to struck down any part of law which is unconstitutional, based on the cases adjudicated by it. The Subjective matters of adjudication conferred with the personal law that decision which further applies to the whole territory of the nation as a binding nature as conferred under Article 141 of the Constitution of India, 1950. The Judicial activism enhance to act as the societal changes conferred as amounts to the Transformative Constitutionalism used the Judiciary as a tool to shift the legal enactment, this further elucidated by adjudications.728 views -
Comparative Examination of Traditional Cultural Expressions: International and Indian Perspectives
Assistant Professor at Dr. Ambedkar Global Law Institute, Andhra Pradesh, IndiaPages 2298 - 2314This study offers a comparative analysis of traditional cultural expressions (TCEs) from both international and Indian perspectives, focusing on their intersection with Intellectual Property Rights (IPR). TCEs encompass a diverse array of indigenous knowledge, folklore, artistic creations, and traditional practices that have been nurtured by communities over generations. Their preservation and protection have become paramount in the context of globalized cultural exchanges and the commodification of cultural heritage. From an international standpoint, this research examines the legal frameworks and mechanisms for safeguarding TCEs under IPR regimes, drawing attention to global conventions such as the World Intellectual Property Organization (WIPO) and UNESCO's initiatives. It evaluates the effectiveness of these international instruments in recognizing and protecting TCEs, addressing issues of misappropriation, and fostering equitable sharing of benefits. Additionally, the study explores case studies from different countries to discern best practices in integrating TCEs within the IPR framework. Shifting to an Indian perspective, the research delves into the multifaceted nature of traditional cultural expressions within the country's rich cultural tapestry. It assesses how India's IPR laws and regulations accommodate and protect TCEs while acknowledging the complexities arising from the country's cultural diversity. The study investigates the roles played by Indian institutions, such as the National IPR Policy and traditional knowledge digital libraries, in the preservation and promotion of TCEs. Furthermore, this comparative examination underscores the challenges and opportunities at the crossroads of international and Indian perspectives on TCEs within IPR. It explores issues related to prior informed consent, benefit-sharing mechanisms, and the need for a balance between protecting cultural heritage and fostering innovation. By adopting a multidisciplinary approach encompassing law, anthropology, cultural studies, and ethics, this research offers valuable insights into the evolving landscape of TCEs within the framework of IPR. It contributes to the ongoing discourse surrounding the protection of cultural heritage, the rights of indigenous communities, and the development of inclusive policies that respect the unique nature of traditional cultural expressions in both global and Indian contexts.1,282 views -
Analysis on Post-Pandemic Resilient Trade
Student at Christ University Bangalore, IndiaPages 2315 - 2325The year 2020 was evident by some of the largest decline in trade and output volumes since World War II. There was decline in both, world artificial product and goods trade in the first half of 2020 which were of similar depth to those at the trench of the Global Financial Crisis (GFC). The worldwide trade has gone through phenomenal difficulties following the Coronavirus epidemic, taking a reappraisal of trade fabrics to augment inflexibility and versatility. This study proposes to explore the complex basics of post-pandemic resilient trade, as stating the introductory variables, procedures, and strategy systems anticipated to sustain worldwide trade community. To avoid this, profitable recovery packages should be designed to “build back better”. This means doing further than getting husbandry and livelihoods sharply back on their bases. Resilient policy also needs to spark investment and behavioural changes that will reduce the liability of future crisis and increase society’s adaptability to them when they do. This study explores on the impact of the epidemic on trade conduits, distinguishes feeble areas, and surveys the viability of different versatility structure measures. These factors include social and profitable globalization, logistics performance, healthcare preparedness, public government response, and income position. Crucial discoveries feature the need for broadening in supply chains, with elevation on regionalization and confinement of creation. The study takes the reader through, the highlights of significant role of digitalization, trend setting inventions, and e-platform in business stages perfecting trade. The study also investigates the meaning of trade policy, including customs processes, dropped exchange hindrances, and further developed coordinated factors foundation. In conclusion, this study offers a complete examination of post-pandemic flexible trade, revealing insight into the perplexing sale between worldwide fiscal powers and exchange fabrics. The findings inform the post-Covid-19 debate on transnational trade, with counter accusations for directors and policymakers660 views -
Breaking the Chains: Pioneering Gender Equality in India’s Legal Landscape
Student at Kristu Jayanti College Of Law, Bangalore, (Affiliated to Karnataka State law University), IndiaPages 2326 - 2334India's odyssey towards gender equality is a tapestry woven with legal reforms and the indomitable spirit of those who have challenged norms. This article embarks on a journey through time, unveiling the legal metamorphosis that has laid the groundwork for a more equitable society. The voyage commences with a glimpse into the historical roots of gender equality in India, tracing the legislative milestones that have ushered in profound transformations. Key legislations like the Equal Remuneration Act and the Maternity Benefit Act have not merely altered the legal landscape but have breathed life into the dreams and aspirations of women across the nation. The narrative deepens as we spotlight the stories of pioneering legal battles—Shah Bano, Vishakha, Mary Roy, and Sarla Mudgal. These were not mere legal disputes; they were calls for justice, resonating beyond courtrooms to shape societal norms and ignite conversations that would redefine gender roles. Peering into the future, we discover the promise of ongoing reforms. The proposed Uniform Civil Code and enhanced measures to combat gender-based violence cast a vision of a more inclusive and just society. In conclusion, this article underscores that the quest for gender equality is not confined to legal texts; it's a living narrative, driven by the courage of those who challenge the status quo. The future emerges as a canvas where every individual can contribute to crafting a more inclusive and equitable India. This article celebrates not just legal reforms but the enduring human spirit that propels India's journey toward gender equality, calling for sustained commitment to a future guided by principles of justice and equality.891 views -
Domino Effect of Pandemic on Students
Student at Amity Law School Noida, Amity University, IndiaPages 2335 - 2342During the COVID-19 pandemic, schools suspended face-to-face learning, raising worries about the impact on students' learning. There has been a scarcity of data to examine this subject so far. In my research, I have tried to examine and explain through this paper the impact of school closures on student performance in elementary and secondary schools. The effect is the same as one-fifth of a school year, which is the time when schools were shut down. Losses are up to 60% higher among students from low-income families, underscoring concerns about the pandemic's uneven impact on children and families. The data suggest that students made little or no progress while learning at home, and that losses are likely to be substantially worse in nations with less developed infrastructure or longer school closures.675 views -
Abrogation of Article 370: Political Attack or Step for Holistic Democracy?
Student at University School of Law and Legal Studies, GGSIPU, IndiaPages 2343 - 2356The abrogation of Article 370 of the Indian Constitution in August 2019 marked a significant turning point in the history of the Indian subcontinent. This paper aims to comprehensively analyse the decision to revoke the special status of the state of Jammu and Kashmir and its implications on the region, as well as the wider political and socio-economic landscape of India. This paper begins by providing a historical context of Article 370 and its evolution, shedding light on the unique provisions that granted the state of Jammu and Kashmir a level of autonomy distinct from other Indian states. Following this, it delves into the complex legal and constitutional dimensions that surrounded the abrogation process. The paper then examines the geopolitical consequences of this monumental decision, with a focus on its impact on India-Pakistan relations and the security dynamics in the region. The paper also explores the implications for the residents of Jammu and Kashmir, including the altered demographics and the socio-economic challenges faced by the region in the post-370 era. Through a multidisciplinary approach that integrates historical, legal, political, and socio-economic perspectives, this paper aims to provide a comprehensive understanding of the abrogation of Article 370 and its far-reaching consequences. It underscores the complex interplay of factors that have shaped the region and the nation, and it invites further discussion on the impact of this historic event on the ongoing challenges and opportunities facing the people of Jammu and Kashmir and the Indian subcontinent as a whole. The paper finally closes by making a harms-benefits analysis of the impact that Article 370 has left on the modern Jammu and Kashmir and Ladakh region.1,056 views -
He Said, She Said: Analysing Cruelty as a Ground for Matrimonial Relief
Student at VES College of Law, IndiaPages 2357 - 2367This paper examines the evolution of cruelty as grounds for divorce under Hindu Marriage Act, 1955 in India. It traces how the Hindu Marriage Act 1955 initially only recognized cruelty for judicial separation, not divorce. The Act left defining cruelty to the judiciary, which expanded it through case law to include psychological harm. It elucidates the different aspects of cruelty- physical and mental harm through various judgements. This paper explicates the multifarious aspects of cruelty under Hindu law like physical and mental cruelty; and provides an analysis of the same under other laws like the Indian Penal Code of 1860 and Protection of Women from Domestic Violence Act, 2005. While this paper aims to provide a birds eye view of cruelty in matrimonial relations, it finally concludes that gender inequality persists with provisions like IPC 498A and it is occasionally misused against men. The analysis shows while the scope of cruelty has widened over time, the law retains patriarchal biases. As women gain rights, legal reform should protect husbands from misuse and wives from marital rape, to uphold gender equality.1,209 views -
Does Marital Rape fall under the Rape?
Student in IndiaPages 2368 - 2373Even in the today scenario to find out the answer of this question is really a typical task India is one of 36 countries that still have not criminalized marital rape, unlike the other 150 countries. Approximately 20-30% of married women are raped by their husband. Approx. 1/3rd of women reported having unwanted sex with their partner. Further, women who are victims of spousal sexual abuse often suffer from other types of IPV as well; physical, emotional, and psychological, thus bearing a particularly potent burden of exposure and psychiatric risk.766 views -
Gender-Based violence in India: Human Rights Approach
Research Scholar at Department of law, Aligarh Muslim University, Aligarh, IndiaPages 2374 - 2382Women make up the majority of the world's population and one-third of the working population. They earn one-tenth of the global income and possess less than 1% of the world's real estate, but they put in two-thirds of the labour hours. Human rights abuses against women continue to shock our conscience on a daily basis. A strategy like this provides "women with a constitutional platform to stand up to men, to raise their voices on issues of women's oppression, subjugation, and related issues," giving them a sense of identity in a "traditional male-dominated socio-political system" and a much-needed forum to demand solutions to issues that directly affect them. This is the true meaning of empowerment. The physiological and biological makeup of males and women differs. Gender refers to men's and women's socially constructed identities, features, and roles, in addition to “cultural, social, and biological distinctions” that result in hierarchical relationships between men and women and an unequal distribution of power and rights that favours men and disadvantages women. Gender-based violence includes acts such as “intimate relationship violence, non-partner sexual assault, female genital mutilation, sexual exploitation and abuse of minors, female infanticide, and child marriage”.Gender-based violence (GBV) is one of the "most oppressive forms of gender inequality" that keeps men and women from participating equally in social, economic, and political realms. Such violence undermines various development objectives, including gender equality. Gender-based violence, which affects women all around the world, includes “rape, domestic violence, mutilation, murder, and sexual abuse”.Despite the fact that it is rarely acknowledged as a public health issue, gender violence is a significant contributor to female illness and mortality. This study looks at how gender roles and characteristics are defined in relation to one another and through interactions between boys and girls, as well as between men and women. Sexuality and its biological functions are genetically predetermined, whereas gender roles and the power relations they reflect change through time and among cultures.1,035 views -
Feminism vs Essential Tenets of Religion (With special reference to Sabrimala Judgement)
Research Scholar at Lucknow University, IndiaPages 2383 - 2398Article 25 of the constitution of India extends to persons freedom to profess and propagate their religion. However there is a lot of jurisprudence involved in the interpretation of Article 25 of the Constitution. There is a further distinction between “secular activities” and “essential religious practices or tenets” of religion. The former gets lesser protection than the latter. The only grounds in which the latter can be restricted are enlisted in Article 25 (1) of the constitution. Public Order, Morality, Health and other provisions of Part III are the sole grounds upon which the essential practices of the religion can be curbed. The secular activities on the other hand can be curbed by the state on both the previous grounds as well as on the grounds mentioned in Article 25 (2) (a) of the constitution. In the light of the Sabrimala judgement the Supreme Court has reiterated its principle wherein it has been shown that Article 25 of the constitution is subject to the Article 14, 15 and 17 of the constitution. And basically even the practices protected under Article 25 have to withstand the test of Article 15 of the constitution. With the appearance of Indian Young Lawyers Association v State of Kerala things have changed on a grand scale even in matters of religion. The case is a landmark one which says that discriminating against women on physiological grounds is blatantly wrong and is immoral. The Supreme Court while giving the verdict has observed that criticising or castigating something which is via nature is not at all acceptable. Article 25 of the constitution of India extends to persons freedom to profess and propagate their religion. However there is a lot of jurisprudence involved in the interpretation of Article 25 of the Constitution. There is a further distinction between “secular activities” and “essential religious practices or tenets” of religion. The former gets lesser protection than the latter. The only grounds in which the latter can be restricted are enlisted in Article 25 (1) of the constitution. Public Order, Morality, Health and other provisions of Part III are the sole grounds upon which the essential practices of the religion can be curbed. The secular activities on the other hand can be curbed by the state on both the previous grounds as well as on the grounds mentioned in Article 25 (2) (a) of the constitution. In the light of the Sabrimala judgement the Supreme Court has reiterated its principle wherein it has been shown that Article 25 of the constitution is subject to the Article 14, 15 and 17 of the constitution. And basically even the practices protected under Article 25 have to withstand the test of Article 15 of the constitution. With the appearance of Indian Young Lawyers Association v State of Kerala things have changed on a grand scale even in matters of religion. The case is a landmark one which says that discriminating against women on physiological grounds is blatantly wrong and is immoral. The Supreme Court while giving the verdict has observed that criticising or castigating something which is via nature is not at all acceptable.703 views