Issue Archive · Open Access
Volume VII – Issue I / 2024
Articles · 212
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An In-depth Analysis of AI Strategies, Regulatory Frameworks and Policies required for Successful Vaccination Programs, with a specific focus on Sub-Saharan Africa Governments’ Collaboration with International Organizations
Vice Principal at Assinman Nursing and Midwifery College, Fosu, Central Region, GhanaPages 01 – 24The COVID-19 pandemic has highlighted the critical importance of effective vaccination programs in safeguarding public health. However, ensuring successful vaccination campaigns requires more than just the availability of vaccines. It necessitates comprehensive strategies, robust regulatory frameworks, and strong collaboration between governments and international organizations. This paper aims to provide an in-depth analysis of AI strategies, regulatory frameworks, and policies required for successful vaccination programs, with a specific focus on sub-Saharan Africa governments' collaboration with international organizations. 1. Importance of AI Strategies: AI can play a pivotal role in optimizing vaccine distribution by analyzing vast amounts of data to identify high-risk areas and target resources accordingly. By leveraging machine learning algorithms, governments can predict demand patterns and optimize supply chains for efficient vaccine delivery. 2. Need for Regulatory Frameworks: To ensure the safety and efficacy of vaccines in Sub-Saharan Africa, robust regulatory frameworks are crucial. These frameworks should prioritize transparency in clinical trials, expedite approval processes without compromising safety standards, and establish mechanisms for post-vaccination surveillance. 3. Collaborative Efforts between Governments and International Organizations: Successful vaccination programs require collaboration between Sub-Saharan African governments and international organizations like WHO or UNICEF. Such partnerships can facilitate knowledge sharing, resource mobilization, capacity building initiatives, technology transfer agreements, and financial support to strengthen healthcare systems. 4. Addressing Challenges Unique to Sub-Saharan Africa: Sub-Saharan Africa faces numerous challenges such as limited healthcare infrastructure, vaccine hesitancy due to misinformation or cultural beliefs; therefore specific policies must be implemented to address these issues effectively. In conclusion, "Analysis of AI Strategies", regulatory frameworks", and policies required for successful vaccination programs is crucial for achieving equitable and efficient vaccine distribution in Sub-Saharan Africa. By leveraging AI, implementing robust regulatory frameworks, and fostering collaboration between governments and international organizations, we can overcome challenges and ensure the successful implementation of vaccination programs. This abstract provides a glimpse into the comprehensive analysis that will be conducted to shed light on the strategies needed for effective vaccination campaigns in Sub-Saharan Africa.1,039 views -
The Right of Access to Food in Cameroon: An Appraisal of the Legal Environment
PhD Research Fellow at Department of English Law, Faculty of Laws and Political Science, University of Buea, CameroonPages 25 - 48The right of access to food has been recognized universally and further domesticated by states in their constitutions and other legislative instruments, Cameroon inclusive. It has been recognized as a fundamental human right whose realisation is dependent on other factors. In spite of these guarantees, the challenge to realise the right to food is overwhelming. For instance, Cameroon is ranked 70th out of 107 countries and has a global hunger index of 19.1. The right to accessing safe food in Cameroon, especially, for the vulnerable and marginalised groups such as women and children remain unrealised. Thus, this thesis seeks to critically appraise the effectiveness of the regulatory, institutional and policy measures put in place for the realization of the right of access to food universally and Cameroon in particular. To achieve the goal of this study, the research adopts a qualitative research methodology with the content analysis and interpretation of primary and secondary data. The study equally employs some empirical methods such as unstructured interviews and observation of the food situation and availability in some parts of Cameroon. In the course of this study, findings revealed that in spite of the strides to ensure access to food for all, certain implementation problems still persist. First, there are instances of corruption, exclusion, and discrimination in the implementation of the program. The lack of transparency is also manifest in the implementation of the program and lack of reliable official data. The study concludes that the right to adequate food is realized when every man, woman and child, alone or in community with others, has physical and economic access at all times to adequate food or means of its procurement.” It is, thus, apparent that the realization of the right to adequate food is primarily dependent upon everyone having sustainable access to productive resources such as land or work. In Cameroon it is clear that not everybody does have access to adequate food. Based on the findings above, the study recommends that the government should make food programs legal entitlements and not just policy options and that public interest litigation or what is known as strategic litigation in the area of food should be heightened and promoted if Cameroon must strive to attain universal access to food.957 views -
Importance of Empowering Disabled Women to Exercise their Reproductive Rights
Student at Manipal University Jaipur, IndiaPages 49 - 53Empowering disabled women to exercise their reproductive rights is essential for a truly inclusive human rights framework. This idea bridges the gaps between disability rights, women's rights, and broader human rights by aligning with established international norms. Raising awareness of disabled women's unique challenges is crucial for inclusive policies and practices. Through dialogue, advocates can collaborate on comprehensive frameworks that protect all women's rights. Ultimately, the goal is not just to point out problems, but to actively build inclusive policies that honor everyone's rights and dignity. This idea addresses the critical intersection of reproductive rights and the rights of disabled women. Recognizing diverse perspectives across disability rights, women's rights, and human rights communities, it seeks to establish a framework aligned with international human rights norms and consensus documents. Highlighting the silence or lack of explicit provisions concerning disabled women's reproductive rights in laws and policies, the idea identifies this omission as a source of systemic discrimination and neglect. Its primary objective is to articulate human rights benchmarks for evaluating national laws and policies, fostering constructive dialogue among advocates, and raising awareness about the unique challenges faced by disabled women. Ultimately, the goal is not just to expose these issues, but to actively work towards inclusive policies that honor the rights and dignity of all women, regardless of ability. This abstract concisely captures the idea's core arguments by effectively summarizing the key points and objectives, this abstract entices readers to delve deeper into the full idea, highlighting its focus on: Bridging the gap between disability rights, women's rights, and human rights, Addressing the silence surrounding reproductive rights for disabled women, Establishing human rights benchmarks and international human rights perspective, and Promoting inclusive policies that honor all women's rights.1,008 views -
Corporate Social Responsibility vs Profits
Student at Amity Law School, Noida, IndiaPages 54 - 60The contemporary business landscape is marked by a fervent debate surrounding Corporate Social Responsibility (CSR) and the pursuit of profits. This paper delves into the intricacies of this dialogue, exploring the evolution and significance of CSR in the context of modern business practices. The central argument challenges the assertion that allocating a company's resources to causes beyond profit-making is inherently outrageous. The paper unfolds in four sections: first, providing a comprehensive understanding of CSR, its definition, and its evolving role in the business world. Subsequently, it examines compelling arguments favoring the prioritization of Corporate Social Responsibility. These include considerations such as social impact, community engagement, and the ethical dimensions of business practices. Conversely, the paper delves into arguments advocating for the prioritization of profitability, emphasizing the economic goals of corporations, responsibilities to shareholders, and the demands of a competitive business environment. Striking a balance between CSR and profitability is then explored, drawing insights from successful case studies and outlining the challenges and strategies involved in achieving this delicate equilibrium. The concluding section reflects on the ongoing discourse, underscoring the complexity of contemporary business ethics. It asserts that businesses must not only navigate economic success but also proactively contribute to societal well-being. By harmonizing CSR initiatives with profitability, companies can achieve sustainable growth, enhance brand value, and make meaningful contributions to the communities they operate in. This paper, thus, contributes to the understanding of the evolving dynamics between Corporate Social Responsibility and profit maximization, challenging businesses to reassess their priorities in an era of heightened social consciousness.1,887 views -
Freedom of Speech vis à vis Contempt of Court: An Analysis
Assistant Professor at G.H.G Institute of Law, Sidhwan Khurd, Ludhiana, IndiaPages 61 - 67Right to speech and expression is fundamental right which guaranteed to every citizen of the country so that every citizen can speak fearlessly on objectionable issues. Everyone has a freedom to criticise those things which are morally and legally wrong. The contempt of court Act, respects the right to speech and right of justice. Contempt law should be practiced only when someone attempted to lower the dignity of judiciary with mala-fide intention. Freedom of speech and judiciary are two important pillars of our constitution so it is very important to maintain a balance between the two.1,084 views -
Changes in Passenger Behaviour on Indonesian Trains in Terms of Law
Student at Faculty of Law, Universitas Sebelas Maret, Surakarta, IndonesiaPages 68 - 77The ideals of the founding fathers of the Indonesia nation, as envisioned by the 1945 constitution, were “to realize social justice for all Indonesia people”. The complexity of social problems in Indonesian has attracted policy maker to make improvement in all fields, transportation policy being one of the areas that is being addressed by the government. Trains as a type of improvements by the government. Law of the republic of Indonesia Number. 27 concerning in the Indonesia railway sector is a new milestone in changes to Indonesian railway. Implementing railway policies in the midst of social problems is a challenge in itself for Indonesian railways.813 views -
Taxation as an Instrument of Fiscal Policy in India
Assistant Professor at School of Law, UPES, Dehradun, IndiaPages 78 - 86Taxation is a fundamental tool for fiscal policy, which is the use of government spending and to influence the economy. Governments use taxation as a means to achieve various economic and social objectives such as generating revenue which are used to fund public services and government activities, income redistribution as a social welfare program, and also to address environmental concerns by discouraging activities that contribute resource depletion. Taxation has also been used as a tool to combat inflation. The article examines the careful balance between achieving economic objectives, promoting fairness, and addressing social and environmental concerns. Through a comprehensive analysis, this article aims to contribute to the understanding of the intricate dynamics between taxation and fiscal policy, offering insights that are relevant to policymakers, legal practitioners, and scholars in the field of taxation law.1,158 views -
Unsettling Consequences of Justice Delay in India
Research Scholar at Jagannath University, NCR-Bahadurgarh, IndiaPages 87 - 95This research paper delves into the profound and far-reaching consequences of justice delay in the Indian legal system. Recognizing the inherent importance of timely justice, the paper examines the various facets of delayed legal proceedings, including its impact on access to justice, the erosion of public trust, and the systemic challenges that contribute to the prolonged timelines. Through a comprehensive analysis of case studies, legislative frameworks, and judicial reforms, the paper aims to shed light on the urgent need for systemic changes to ensure expeditious and effective delivery of justice in India.1,077 views -
Rajdharma and Social Justice: A Study of Ved Vyasa’s Mahabharata in the Context of Equality and Inclusivity
Student at Hindu College, University of Delhi, India.Pages 96 - 105This study examines the fundamental philosophical facets of Rajdharma, as stated in the epic Mahabharata by Ved Vyasa. The study tries to uncover Vyasa’s thoughts on social justice and their contemporary relevance by focusing on the topics of equality and inclusivity. The paper examines the concept of society structure, governance principles, and ethical considerations in Rajdharma by examining its complexities. The analysis delves into Vyasa’s critique of the caste system, his view on gender equality, and the economic and social inclusion mechanisms he suggests. The research aims to understand the theoretical foundations and practical implications of Rajdharma in promoting a just and inclusive society through an in-depth examination of Vyasa’s story. This study highlights the ongoing debate on governance ethics and social justice by linking ancient knowledge to contemporary issues in the pursuit of a harmonious and fair society order.1,190 views -
A Study on Customer Satisfaction towards Apollo Pharmacy
Student at School of Excellence In Law, TNDALU, IndiaPages 106 - 127The Indian pharmaceutical business is expanding at a rapid pace. The expansion of Indian pharmaceutical companies is notable not only in terms of market capitalization, but also in terms of cost and availability. The pharmaceutical industry nowadays is extremely complex. Previously, firms used simple marketing methods to suit market demands. Medical products can readily establish their brand reputation. It was simpler to build brand trust, attract purchases, create brand affect, and foster brand loyalty. Media, message repetitions, recall value, and innovation are key to marketing and branding. Pharmaceutical multinational Businesses are to blame for the present shift in marketing methods. Leading corporations use high-end development rather than adaptive development, new innovation-based companies are thriving, and companies who do not innovate in goods and processes are finding it difficult to compete with organizations that do. The pharmaceutical sector is quite complicated. My study concentrates on one such pharmaceutical retail store “the Apollo pharmacy "within the region of Chennai. This study aims to discover the customer satisfaction towards the pharmacy, their services, quality, availability and price of the medicines. This study has used primary data for the purpose of research. The primary goal of the survey is to determine consumer satisfaction and loyalty to the Apollo pharmacy business.1,460 views -
From Genes to Justice: Ethical Dilemmas and Scientific Advancements in DNA Profiling for Legal Cases
Assistant Professor at Narnarayan Shastri Institute of Technology Institute of Forensic Science and Cyber Security, Gujarat, IndiaPages 128 - 140The utility of DNA in humans is continually expanding as scientific research advances, leading to new discoveries and applications across various fields. DNA, or deoxyribonucleic acid, serves as the genetic blueprint for all living organisms, including humans. For long it has being used for genetic information, treatment of genetic disorders, pharmaceutical research, biotechnology research, paternity test and cancer research/ treatment. DNA profiling has emerged as a powerful tool in forensic science, revolutionizing the field of criminal investigations and legal proceedings. The DNA profiling and its pivotal role in establishing individual identity, elucidating biological relationships, and aiding law enforcement agencies in solving crimes. India enacted the landmark bill called The DNA Technology (Use and Application) Regulation Bill, 2019 and with this it opened many areas of research which Indian forensic scientist could not do due to ethical issues and controversies surrounding its acceptability in legal proceedings. This paper will try to study the act and vast possibilities of DNA Profiling and Genealogy in legal proceedings.952 views -
Women, Age and the C-suite
Student at XIM University Bhubaneswar, IndiaPages 141 - 150The paper highlights the challenges faced by women, especially as they age, and the impact of gender and age discrimination on their career progression and focuses on the underrepresentation of women in the upper levels of corporate leadership, particularly the C suite. The "glass ceiling" concept, which represents invisible barriers preventing women from reaching the top of their companies, is being examined in both history and today's contexts. Detailed data are provided on the unique challenges faced by women executives, as well as their impact on stereotypes, biases, and unconscious gender bias in promoting discrimination at work. We are looking at the negative impacts of gender and age discrimination on women's career development, e.g., low representation in leadership positions or limited access to influential networks. In addition, this paper analyses the impact of gendered ageism on pension planning and shows significant differences in perceptions about employment opportunities for older women. In addition, the importance of salary transparency and compensation audits for redressing discrimination practices in each area is underlined the C-suite. In addition to emphasizing the need for fair compensation negotiations and promoting transparency, the document suggests that there should be specific and collective measures against discrimination in terms of pay. It sets out the power of class actions to expose systemic discrimination and lay down legal precedents. The Commission is also exploring government legislation to promote pay equity and transparency, providing details of legal provisions, reporting requirements as well as enforcement mechanisms. The paper concludes by highlighting the evolution of attitudes towards gender equality and diversity and acknowledging the contribution of women of all ages to the C-suite. Recognizing that diverse views and experience are important tools for fostering innovation and efficient decision making, it promotes an age neutral environment. In conclusion, it encourages organizations to establish pathways that enable women of all ages to take up executive positions through mentoring, training, and development opportunities in order to be able to prioritize their respective capacities and leadership potential over arbitrary age limitations.802 views -
Status of Women in the Present Scenario with Reference to Hindu Law
Ph.D. Scholar at XIM University Bhubaneswar, IndiaPages 151 - 164India is known for spirituality and mysticism but at the same time instances one can observe provocation, sexual maltreatment and different barbarities and violations against women add a sorry picture to its image. The Government of India gives a bunch of privileges to women which are critical for each woman to became secured. This paper work follows the fundamental freedoms and some rights regarding the women. A portion of the privileges of women incorporated with equivalent compensation for equal work, right to poise and goodness, rights regarding provocation at employment sector, right against aggressive behaviour at home, right to support, right of reception, right of progression and furthermore regenerative right, and maternity benefits. Women have exceptional situation in each general public whether created, creating or immature. Notwithstanding of this one-of-a-kind position delighted in by the ladies socially and genuinely they are dealt with independently from men. The battle isn't so much for women’s right however for human worth. The case isn't to end imbalance of women however to restore general equity. In India, the main development for women’s freedom based on three significant issues, of infant relationships, implemented widowhood and property privileges for women. The subsequent significant discussion was on Hindu code Bill which perceives that women were not acknowledged as men's social, monetary or political equivalents however the advanced and autonomous India understanding the imbalance and victimization women has consolidated in the constitution, the rule that everyone must follow, a few arrangements which unequivocally proclaim that ladies ought to be no segregation and explicit arrangements are set down for their upliftment. Family regulations have corrected, new arrangements are consolidated in our criminal regulations, work and modern regulations have reasonable set women giving need to their government assistance measures and a few other social government assistance regulations to safeguard the nobility of women have been ordered. Legal executive is likewise putting the women at high places and emerging with milestone choices to safeguard the interest of ladies in this manner embracing a delicate methodology towards the different issues in the general public. The regulatory machinery is likewise completely outfitted to adapt issues connecting with women and any infringement of their freedoms is unequivocally managed.758 views -
Private and Public Health Insurance System in India: Challenges and Opportunities
Student at School of Law, Presidency University, Bangalore, Karnataka, IndiaPages 165 - 172The coexistence of private and public health insurance systems in India presents a complex landscape marked by both challenges and opportunities. This paper explores the intricacies of India’s dual health insurance framework, analyzing the strengths and weaknesses inherent in the public and private sectors. Challenges include accessibility and affordability of healthcare services, with a disproportionate burden on public health facilities. Disparities in coverage, quality, and the urban-rural divide further complicate the scenario. The opportunities lie in leveraging the strengths of both sectors to create a more comprehensive and inclusive health insurance ecosystem. This abstract delves into policy considerations, technological advancements, and regulatory measures necessary to bridge the gaps and enhance the synergy between private and public health insurance. By examining successful models from other countries and considering the unique socio-economic context of India, the paper suggests avenues for collaboration, innovation, and reform. Ultimately, addressing the challenges and seizing the opportunities in India’s dual health insurance system requires a holistic approach that integrates the strengths of both sectors to ensure universal access to quality healthcare services.1,182 views -
Restitution of Conjugal Rights in Hindu Law
Student at VES College of Law, IndiaPages 173 - 183This research paper delves into the legal concept of Restitution of Conjugal Rights in Hindu law, particularly focusing on its historical evolution, legal provisions, constitutional validity, and relevance in contemporary society. The paper examines landmark cases that have shaped Restitution of Conjugal Rights jurisprudence, highlighting the delicate balance between preserving the institution of marriage and safeguarding individual autonomy. It also explores recent legal developments and reforms within Hindu family law, acknowledging the changing dynamics of marital relationships. Ultimately, this research emphasizes the need for a prudent and balanced implementation of the Restitution of Conjugal Rights, ensuring that it effectively and fairly achieves its intended objectives within contemporary Hindu legal contexts. To conclude, this study underscores the significance of judiciously applying the Restitution of Conjugal Rights to ensure that it serves its intended purpose effectively and equitably in modern Hindu law.1,078 views -
Dignity in Prisoners’ Right to Vote
Student at BML Munjal University, IndiaPages 184 - 190This research paper examines India's legislative framework on prisoners' voting rights and its relevance to human dignity. As a democratic country, India's argument over the right to vote has been ongoing. Article 326 of the Indian Constitution allows for adult suffrage, which means that everybody over the age of 18 in India has the right to vote, subject to the statute's limitations. When it comes to a prisoner's right to vote, however, India has enforced an absolute blanket ban under Section 62(5) of the Representative of the People Act, 1951. By establishing this provision, India chose criminal disfranchisement, and Supreme Court judgments have consolidated this criminal disfranchisement. In this article, we will examine a few international laws and institutions. This research paper will also discuss the necessity for reform in India's legislative policy as well as how denying a prisoner's ability to vote is an infringement on their dignity.1,069 views -
Private Equity Dynamics: Navigating Complexities in Corporate Governance
Student at Damodaram Sanjivayya National Law University, IndiaPages 191 - 199Originally, private equity was established with the primary goal of optimizing the governance and operations of companies. The leveraged buyout, or the mere threat of it, played a pivotal role in reshaping management practices across a wide spectrum of U.S. companies by reuniting ownership and control. However, as competitive pressures have intensified, private equity is facing challenges in finding a significant number of underperforming companies to enhance. This challenge is particularly pronounced in the case of U.S. public companies, which are constantly under scrutiny from activist hedge funds and empowered shareholders seeking any indications of inefficiency. In response to this shifting landscape, private equity is reorienting its focus away from governance reform. Instead, it is diversifying its strategies across various asset classes, including leveraged buyout funds, credit funds, real estate funds, alternative investments funds, and even hedge funds. The shift is not without its complexities and potential drawbacks. Some of the newly adopted money-making strategies may be less likely to contribute to value enhancement compared to the traditional focus on governance and operational improvements. Furthermore, these diversifications introduce conflicts of interest and complexities that alter the traditional role of private equity in corporate governance. The historical governance advantage of private equity, ensuring that companies serve a single master, is now challenged as the master itself may have divided loyalties and attention. With fewer opportunities for gains through governance reforms, private equity is discreetly distancing itself from the corporate governance revolution it once played a pivotal role in initiating. The industry's evolving strategies and expanding scope raise questions about its continued commitment to the governance principles that were instrumental in its early success.727 views -
Wombs of Change: Ethical Paradigms in Surrogacy Legislation
Advocate at Bar Council of Delhi, IndiaPages 200 - 208This research explores the multifaceted dimensions of surrogacy, focusing on its ethical, legal, and societal implications. It delves into the historical, cultural, and psychological aspects of parenthood, emphasizing the transformative nature of the journey. Infertility, affecting one in six couples globally, has led to advancements in Artificial Reproductive Technology (ART), including surrogacy. The legal landscape, particularly in India, is scrutinized, with attention to recent developments in surrogacy regulations. The Delhi High Court's concerns about potential exploitation and the clash between commercial interests and ethical considerations are highlighted. The Surrogacy (Regulation) Act, 2021, and the Assisted Reproductive Technology (Regulation) Act, 2021, form the current legal framework, raising questions about discrimination, arbitrariness, and the constitutional validity of these regulations. The commercialization of surrogacy, termed "wombs for rent," is discussed, with a focus on India's role as a surrogacy market. The paper explores the ethical and moral dilemmas associated with surrogacy, including potential harm to surrogate mothers, the interests of the child, and the degradation of women's dignity. The debate on whether surrogacy equates to prostitution is analyzed, considering the commodification of reproductive abilities. The research further delves into the empowerment versus exploitation narrative, particularly regarding economically disadvantaged women entering surrogacy arrangements. Traditional and religious perspectives on surrogacy are juxtaposed with modern medical advancements, posing challenges to established norms. Emotional toll on gestational mothers, legal and emotional dynamics post-birth, and the overall humanization of ethical considerations are scrutinized. The study concludes by emphasizing the need for nuanced approaches to surrogacy issues, considering women's autonomy, human rights, and the broader societal responsibility to ensure empowering rather than exploitative choices in surrogacy contracts.893 views -
Abuse of Dominance in Digital Market with a Case Study of Google Meet Case
Student at Symbiosis Law School, Pune, IndiaPages 209 - 217Abuse of dominance in the digital market, often referred to as antitrust or competition law violations, is a topic of increasing concern and regulatory focus in many countries around the world. Due to absence of a specialized Act for Digital Competition, the Competition Act, 2002 deals with the regulation of any anti-competitive behavior in the Digital Sphere, in India. The Competition Commission of India (CCI) is the regulatory authority responsible for enforcing competition law in the country. Digital markets are characterized by a few dominant players who hold significant market power, and the abuse of this power can harm competition, consumers, and innovation. In this paper I have tried to give a breif analysis on how the big players of Digital Market are misusing their position of Dominance and practicing Anti-Competitive Behaviours. I have provided a critical analysis of the current situation while linking it with Landmark cases passed by the CCI and the Supreme Court. The paper also gives glimpses of the current new age techniques that are leading to increasing anti-competitive behavior in Digital Market while trying to provide the path of solution through a Separate Competition Act for Digital Market.1,125 views -
Re-defining the Indian Legal System
Student at OP Jindal Global University, IndiaPages 218 - 221Throughout history, comparative legal system evaluation has frequently been entwined with the notion of superiority, with Western legal frameworks judged inherently superior to those of non- Western nations. David Skuy, in his piece "Macaulay and the Indian Penal Code of 1862: The Myth of the Inherent Superiority and Modernity of the English Legal System Compared to India's Legal System in the Nineteenth Century," boldly challenges this prevalent myth and delves into the complex dynamics of the legal landscape of India during the colonial era. Skuy's study offers an astute critique of the popular narrative that portrays the English legal system as fundamentally superior and modern in comparison to its Indian counterpart and the involvement of Thomas Babington Macaulay, and the development of the Indian Penal Code of 1862. This paper aims at re-evaluating the claims made in David Skuy’s piece.1,012 views -
Analyzing the Role of Dharma in Shaping Ancient Indian Political Thought
Assistant Professor at Harlal school of Law, IndiaPages 222 - 231This research delves into the examination of ancient Indian political science, shedding light on the synthesis of political ideals and Dharma within the governance principles of contemporary rulers. Ancient political thinkers like Manu, Yagvalkavya, and Kautilya extensively discuss the incorporation of Dharma into political and administrative frameworks, providing explicit guidelines for royal duties. Dharma serves as a moral compass, restraining rulers from power misuse and guiding them towards righteous conduct. Despite the absence of stringent legal constraints, Dharma's ethical and moral principles wield more influence than constitutional ideals, shaping the behaviour of rulers. The concept of Rajdharma emerges, defining the duties of rulers and warriors. Guided by Dharma, the warrior's code of conduct encourages just warfare, discourages excessive violence, and emphasizes self-sacrifice for duty. The warrior class, envisioned in service of duty, follows Dharma to prevent atrocities during war, delineating ethical boundaries for rulers. The synthesis of political and ethical principles, underscored by Dharma, provides a framework for just and righteous governance in ancient India.2,547 views -
Impact of Corporate Performance under the Influence of Corporate Social Responsibility (CSR): A Legal Analysis
Student at University Kristu Jayanti College of Law, IndiaPages 232 - 243The concept of corporate social responsibility has acquired significance in the contemporary times. Corporate social responsibility has contributed in bringing about community development. The article includes the history and development of corporate social responsibility, key provisions related CSR and the important outline is the impact of corporate performance under corporate social responsibility and examples of companies performing CSR initiatives and its impact on corporate performance. Corporate social responsibility has its roots in concept of sustainability. Business ethics represents corporate social responsibility. Through the centuries business are the ones which create environmental and social atmosphere by the tenure of people. Corporate social responsibility is a developing concept through the centuries. The significance of the article is to showcase the importance and impact of corporate performance under CSR initiatives. The growing focus on CSR has changed the attitude of business not only in India but has changed the attitude of business all over the world. Historically speaking CSR is not new in India and is a well-established phenomenon in India. Establishing good reputation and attracting positive attention are some of the benefits to gain through CSR initiatives. In simple terms, corporate social responsibility is a way of doing business by combining sustainability with economic benefit.846 views -
Gender Inequality in Indian Judiciary: Need for Reforms
Research Scholar at Central University of Haryana, IndiaPages 244 - 253Due to gender discrimination, violence against women, other types of women's repression, and the patriarchal social structure, there is a low percentage of women participating in government services. Long-standing gender discrimination in government institutions prevents women from using these services and also results in the denial of justice when women complain about the violation of their legal rights to these institutions. The presence of men in government institutions deters women from asserting their legal rights by implying that they would lose their chastity, reputation, prestige, and other qualities that are dependent on their status as women. When it comes to equitable representation of women on benches, India's higher court offers a grim picture after 72 years of independence. India's public debate focuses on issues like the backlog of cases, the insufficient number of judges, and the preponderance of caste- or religion-based nominations of judges, but not on the importance of having a diverse court that represents both genders equally. Due to several societal and educational barriers, women were formerly unable to access constitutional courts; now, with equal access to education, the number of women choosing a career in law is increasing. From then, this study will explore the pervasive diversity aspect that rules India's higher judiciary according to tradition. The purpose of the paper is to investigate the presence and impact of gender diversity in the process of choosing Supreme Court justices.902 views -
Comparative study of Review Powers: Constitutional Judicial Review vs. Review Mechanism under the Civil Procedure Code
Student at National Law University Jodhpur, IndiaPages 254 - 260Judicial review is a process by which the judiciary examines, determines, and invalidates the executive or legislative actions that are inconsistent with the Constitution of India. The Constitution of India explicitly establishes the mechanism for judicial review through various articles, including Articles 13, 32, 131 to 136, 143, 226, and 246. This judicial review serves as a fundamental element in maintaining the system of checks and balances within the framework of the separation of powers. It grants the judiciary the authority to oversee the actions of the legislative and executive branches and to uphold the primacy of the constitution. The judiciary's role encompasses the interpretation of the constitution, clarifying the distribution of powers among the different branches of government. Articles 32 and 226 further empower the judiciary with the crucial ability to conduct judicial review, which not only holds a significant place within the Constitution but is also considered an integral component of its basic structure. The Civil Procedure Code (CPC) is a set of rules and regulations that govern the process of civil litigation in India. Under the CPC, there are various mechanisms for review, which allow parties to challenge and seek a re-evaluation of a court's decision. The review mechanism aims to ensure that justice is served and that errors or omissions in the original decision are rectified. Judicial review under the Indian Constitution and the review mechanism under the Civil Procedure Code (CPC) serve different purposes and operate in distinct contexts. While judicial review is a constitutional principle that allows the judiciary to examine and invalidate laws and actions that are inconsistent with the Constitution, the review mechanism under the CPC focuses on rectifying errors or omissions in the original decision of a court.975 views -
Analysing Opioid Substitution Therapy in India: A Comprehensive Narrative Review
Student at MIT World Peace University, IndiaPages 261 - 280The state of opioid substitution therapy (OST) in India is critically examined in this comprehensive narrative analysis. It gives an extensive investigation of medication use designs, the effects of narcotics, the viability of OST on human physiology, and the regulative and administrative structures that oversee OST rehearses in the country. Setting the stage, the presentation resolves the multi-layered issues presented by drug use in India and underlines the requirement for a complete arrangement to relieve its ramifications. With a complete survey of the standards and viability of Narcotic Replacement Treatment (OST), the subject is contextualized inside the more extensive system of narcotic use. The fundamental part of the examination takes a gander at the physiological effects of OST and outlines its benefits with clever contextual investigations. The examination cautiously considers the benefits and difficulties of OST reception, giving an understanding into how treating sedative reliance and withdrawal symptoms may be utilized. The study examines Indian travel regulations and laws as it pertains to the legal landscape. It investigates existing systems, featuring areas of underutilization and presenting the Defense for changes by adjust strategies to a sympathetic way to deal with general wellbeing. A summary of the most important findings and some well-thought-out recommendations round out the study. These proposals stress the need to address narcotic reliance from a wellbeing driven perspective and advance the consideration of OST in general wellbeing drives. In order to contribute to a comprehensive discussion on addressing opioid dependency in the Indian context, the study concludes with a comprehensive understanding of the difficulties and potential solutions.656 views -
The Rise of Legal Terrorism: A Socio Legal Issue
Student at Chandigarh University, IndiaPages 281 - 292This research work titled “The Rise of Legal Terrorism; A Socio Legal Issue” is authors original research work wherein he has explored and attempted to portray two distinct situations one where women are being harassed and are subjected to cruelty, by their spouses. Females who were considered as the vulnerable section of our society and encountered domestic violence in their marital homes. Section 498A of the Indian penal code was a provision which was implemented to help impuissant women subjected to such domestic violence. The ugly facet of the aforementioned provision, which is described in the research's latter section, is, however, its primary focus. How various women in the society have weaponised such provisions against their spouses. The increase in feminism and urbanization has created a well for men in this society, Various case laws wherein men were subjected to such disparities due to subsequent legal stipulations have also been mentioned. With the evolution of the society law needs rectification to remove the intricacies that emanated over time. Due to a lack of legislative protections, men in our nation are currently targets of legal terrorism. Legal terrorism in nothing but men bearing the brunt of provision which initially came into being to help vulnerable females, but is widely used as a weapon against innocent spouses. A fraction of females in our society have developed a modicum out of such momentous and sacrosanct provisions. Nonetheless, for the sake of the readers' convenience, additional offensive and defensive remedies that a man can utilise in such circumstances are also herewith mentioned in this research work. The author has also quoted suitable national crime bureau records for better discernment of the issue. Lastly, pertinent remarks and recommendations about the said issue has been made in conclusion.909 views -
Exploring the Conceptual Background of Newspaper Vendors, Street Vending, and Social Security
Advocate at Madras High Court, IndiaPages 293 - 301Newspaper vendors play an essential role in the dissemination of news and information and are responsible for the distribution and sale of newspapers to customers. They can be found on street corners, near public transportation hubs, or in other high-traffic areas, selling newspapers to people on their way to work, school, or other activities. They provided readers with physical copies of newspapers, enabling them to stay informed about current events, local news, and various topics of interest. Additionally, newspaper vendors served as a source of local knowledge and community interaction, often engaging in conversations with customers and building relationships within their communities. As readers increasingly shift to digital platforms for accessing news, the demand for physical newspapers declines. This transition to digital newspapers can impact the livelihoods of newspaper vendors, affecting their financial stability and job security. They may face challenges in accessing social security benefits or adapting to alternative income sources, further exacerbating their economic uncertainties.780 views -
Appraising approaches to ‘Gender Sensitisation and Sexual Exploitation among Children’ through Human Rights Regime: Global and Indian Efforts and Emoluments
Assistant Professor at Xavier Law School, St. Xavier's University, Kolkata, IndiaPages 302 - 314In the wake of human development, over the decades, changes have been the only constant. In that effort the need and requirement to review human rights through varied lenses has taken a centre stage. Started with understanding the essence of identifying human rights and necessity to clothe the human civilization by recognising their basic rights being humans to understand the hegemonical requirement of recognising it in a very vivid manner has become one invincible part in the developmental pace of International and National human rights regime. Among the multiple strata identified in this task, the one who were always needed to be addressed primarily are, children. Though the global community has been quite instrumental in enabling children with a canopy of laws and international instruments in the broader domain of human rights over the time; it is really surprising to still witness that the globe is not yet free of child abuse, sexual exploitation of minors, non-sensitised approach towards their identity or even providing a constructive definition many times. Delving deeper, it has been found that, in many such cases these manhandling goes out of slightest notice to be addressed seriously in later days. These are issues of are utter prominence across the Globe and every Nation-State in some or the extent are succumbed to these issues which revolves around one of the most vulnerable communities of the world. The present article will primarily deal with the niche areas of how the identification, determination, stratification and assimilation of the issues mentioned above have been addressed by the Human Rights regime over the time by some of the chief International Global Organisations and predominantly in India. The article is divided in five parts to deal with the understanding of the delineated concepts first and then would deal in detail with the legal aspects and varied approaches and experiences gathered over the time of interpreting modern human rights regime on the identified issues in 21st Century.636 views -
Evolution of Cyber Crime: Emerging Global Challenges
Law Practitioner in IndiaPages 315 - 324When man first created the computer, he never would have imagined that the cyberspace he was building would become a hotbed of what is now known as cyber-crime. The requirement for internet connectivity has made it possible for cybercriminals to commit crimes more frequently and at a faster rate because they are no longer required to be physically present. Where as cybersecurity is essential to the information technology industry. One of the main problems of the modern world is securing and protecting information. On the one hand, the internet makes communication easier, but on the other, some people or groups abuse its power for illegal activities. The notion of cybercrime, some specific forms of prevalent cybercrimes that are occurring prominently, issues facing cyber security on the newest technology, and a study of the individuals engaged and their motivations are the primary topics of this paper. Additionally, it focuses on the trends reshaping cyber security and offers suggestions to assist in curbing the rising number of cybercrimes and illegal cyber activity.798 views -
Role of Women in Corporate World with a special reference to the Related Laws
Teaching Faculty at VES College of Law, Chembur, Mumbai, IndiaPages 325 - 329Gone is the time when the corporate world used to be male dominated. With the increase in literacy rate, the employment of women in corporations have increased. While this has happened, the Laws have played an important role to achieve women empowerment in the corporate world. The researchers in this article shall analyse the role of women in corporates and the related laws. The researchers shall also find the lacunae and solutions pertaining to the same.610 views -
Brand Protection and Efficient Strategies
Lawyer at Ingrida Behri Law Firm, AlbaniaPages 330 - 343In recent years, the business and company world has faced and continues to face the great challenge of copying, falsifying brand or branding. Economic globalization and the digitalisation era we are living in has had this negative effect on business. Many large brands are met with copies of their brand that have taken extensive work, human resources, time and money to create their own unique original brand. Massive copies of fake products are sold everywhere at low cost and with huge profits, and more and more companies through law firms have tried to shape their startups and work on brand protection. Trademark protection refers to the strategy, tools and rules a business has to prevent bad actors from abusing its brand. Implementing a brand protection strategy allows you to maintain your reputation and income. It also protects anyone who comes into contact with your brand — including your customers. The purpose of this paper is to present an overview of the risk a brand has today, the protection methods and strategies a company needs to operate to protect its brand.697 views -
Inam Land Legislations and Jurisprudence in Karnataka
Student at Ramaiah College of Law Bangalore, IndiaPages 344 - 352This research paper delves into the intricate landscape of Inam land legislations in India, offering a comprehensive examination of the various types of Inam lands and the legal frameworks governing them. Inam lands, historically granted for services rendered, present a complex legal terrain, with nuances that vary across regions. The study meticulously navigates through the evolution of Inam land laws, shedding light on their historical origins and subsequent modifications. The paper categorizes Inam lands into distinct types, each with its unique legal implications. Analyzing the diverse classifications, it explores the socio-economic implications of Inam land grants and their relevance in contemporary legal contexts as well as socio-economic implications. The research not only outlines the statutory provisions related to Inam lands but also critically evaluates their practical implementation, identifying challenges and areas for reform. Furthermore, the paper incorporates an in-depth examination of jurisprudence related to Inam lands, citing landmark cases that have shaped the legal discourse around their ownership, transfer, and management. By synthesizing judicial decisions and legal interpretations, the research contributes to a deeper understanding of the principles governing Inam land disputes. Inam is an Arabic word signifying reward or favor. Inam lands in the Presidency, that of Bombay, are spoken as «alienated6, while th Rytwari lands are as Government. The former term implies that Government has parted with its right of assessing the land and revision the assessment, the Inam being either 'rent-free4 or more commonly charged with a 'Jodi' or 'Quit-rent' which is unalterable.1,224 views -
“Empowering Communities”: Harnessing Energy for Human Rights and Social Justice
Student at Maharashtra National Law University, Nagpur, IndiaPages 353 - 368The convergence of energy, human rights, and social justice introduces an intricate and varied terrain that necessitates scrutiny and intervention. Energy assumes a critical function in energizing communities and propelling economic progress, however, its allocation and availability are intricately linked to matters of human rights and social justice. Access to energy is a fundamental requirement for human beings, as it is crucial for the attainment of basic entitlements such as clean water, healthcare, education, and a satisfactory standard of living. The absence of reliable and cost-effective energy sources has a disproportionate impact on vulnerable communities, thereby exacerbating prevailing social disparities. This state of energy poverty perpetuates a detrimental cycle, impeding socioeconomic advancement and obstructing the full realization of human rights. Moreover, the generation, dissemination, and utilization of energy possess significant environmental consequences, subsequently impacting the entitlements of individuals and the principles of fairness and equality within society. Energy practices that are not sustainable can result in the deterioration of the natural environment, alterations in climatic conditions, dislocation of communities, and the deprivation of livelihoods. These adverse effects predominantly afflict the most vulnerable populations, thereby intensifying social disparities and perpetuating systemic injustices. Nevertheless, the convergence of energy, human rights, and social justice offers prospects for favourable transformation. The adoption of sustainable and uncontaminated energy resources can effectively tackle ecological apprehensions, concurrently fostering human rights and social justice. By prioritizing decentralized energy networks, communal ownership, and comprehensive decision-making procedures, a fairer energy framework can be established. To realize this vision, it is imperative to acknowledge the interdependence of energy, human rights, and social justice. It is crucial that policies and initiatives are crafted with a comprehensive mindset, taking into account the requirements and ambitions of disadvantaged communities. The collaboration among governmental bodies, civil society organizations, and the private sector is vital in establishing enduring energy solutions that uphold human rights and advance social justice. In summary, the convergence of energy, human rights, and social justice represents a pressing global predicament. It is crucial to tackle the issue of energy poverty, foster the transition to clean energy, and ensure fair access to energy resources in order to accomplish a more equitable and sustainable world. Through acknowledging the interconnectedness of these matters and engaging in collective efforts, we can lay the groundwork for a future in which energy acts as a catalyst for the fulfilment of human rights and the promotion of social equity.624 views -
Study on Efficient Promotion of Arbitration in India by using Technology with Reference to COVID–19
Assistant Professor at School of Law, D. Y. Patil, Deemed to be University, Nerul, Navi Mumbai, Maharshtra, IndiaPages 369 - 379Technological revolution is the next big phenomena since the industrial revolution. In this digital era, technological advancements have virtually transformed various industries. Naturally, the legal industry has not been a stranger to such technological revolution. From using online case management systems to holding virtual hearings through video conferencing, the legal landscape has changed drastically from the use of technology and for better. With the advent of COVID-19, our legal system has been compelled to introduce more and more technological advancements into the dispute resolution game. Indian courts have moved from physical courts to virtual courts and have introduced concepts like e-filing etc. While public forums have been welcoming technology with open arms, private adjudicative mechanisms like arbitration have had their own set of experiences and challenges in adopting these technological advancements, at least, as a necessity to deal with COVID- related circumstances. While many are aware of this obvious change in the functioning of Indian arbitrations, many are still oblivious of the extent of technological advancements available for use in arbitration and the consequential challenges arising from such usage. One point to be noted here is that any literature available on the subject tends to compare India with the position prevailing globally without taking into account the unique framework of Indian arbitration landscape. This study aims to make a comprehensive enquiry into the interplay of technology and arbitration in India. This paper takes into account the ground realities of Indian arbitration regime and aims to produce findings relevant for stakeholders to adopt more technological tools as a means to effectively and efficiently conduct arbitration proceedings.686 views -
A Critical Analysis of Euthanasia, Human Rights and the Role of Law in Right to Die
Lecturer at University of Sulaimani, College of Law, IraqPages 380 - 396"Euthanasia," also known as "mercy killing" or "good death," raises complex ethical and legal questions regarding the right to life and the freedom to choose the timing and manner of one's own death. This critical analysis examines the European Convention on Human Rights and its interpretation of the right to life, exploring whether the right to die can be included within its framework. The paper focuses on case law from the European Court of Human Rights (ECtHR) to shed light on relevant articles and their interpretation in cases related to assisted suicide and euthanasia. By examining the competing rights and interests under the Convention, the study provides insights into the debates surrounding assisted dying. The research draws on primary legal sources, including case law and legislation, as well as secondary sources such as academic journals and reports from jurisdictions where assisted death is permitted. The findings and analysis contribute to a nuanced understanding of the right to die, considering arguments for and against its recognition, and examining key case law precedents. Ultimately, this paper aims to shed light on the intersection of euthanasia, human rights, and the role of law in the right to die, providing valuable insights for scholars, policymakers, and individuals interested in this important and sensitive topic.1,263 views -
Showtime Chronicles: Legal Safeguards and Intellectual Property Rights of Live Performances
Associate at RSR Legal, Advocates (IP Lawyer), IndiaPages 397 - 416Since ancient times, live shows have remained a preferred entertainment choice for audiences, transcending technological advancements. Despite the ubiquity of cinemas, LCD TVs, and streaming services like Spotify and YouTube, the visceral experience of live performances, whether it be in drama, music, or impromptu street acts, remains unparalleled. Live performances, an integral part of human culture, have evolved from storytelling circles and puppetry to modern theaters, concerts, and comedy shows, presents a unique challenge in protecting intellectual property rights, especially in an era dominated by digital content. These unscripted, one-take events lack the luxury of retakes, posing a distinctive hurdle in preserving elements like choreography, scripts, and musical compositions. Unlike conventional copyright laws designed for tangible content, live performances often fall outside traditional copyright laws to their intangible nature. The challenge lies in safeguarding elements such as choreography, scripts, musical compositions, and stage designs that are integral to live shows. Copyright can protect these aspects, but its application varies, and challenges arise in establishing ownership, particularly for emerging artists lacking widespread recognition. Stand-up comedians, dance choreographers, puppeteers, and performers of folklore find themselves navigating the complexities of protecting their intellectual property where content spreads rapidly and attribution becomes challenging. While intellectual property laws play a crucial role in protecting artists, the existing framework, the existing copyright laws are not sufficiently strengthened or flexible to meet the unique needs of live performers. This research paper delves into the nuanced realm of intellectual property rights for stand-up comedians, dance choreographers, puppeteers, and keepers of folklore. It sheds light on the formidable challenges they encounter in preserving intellectual property within a landscape dominated by the internet and social media. The study emphasizes the urgency of fortifying and modifying existing laws to align with the unique demands of live performers, ensuring their creative contributions receive the protection they deserve in the ever-evolving entertainment panorama.832 views -
Safeguarding the Vulnerable: Strengthening Legal Frameworks to Mitigate the Menace of Child Pornography in India
Associate Professor at Sultan Ul Uloom College of Law, Hyderabad, IndiaPages 417 - 425Child pornography is a deeply disturbing and unlawful menace globally and India also is not immune to this deplorable crime. Several factors are linked to the involvement of adults in child pornography. These individuals possess a significant sexual attraction to children across various age ranges. Notably, a considerable number of offenders perceive this attraction as a form of “love” for children. Surprisingly, the majority of them fail to comprehend why society does not accept or understand this affection towards children. The surge in child pornography is based on diverse and complex reasons such as societal, technological, economic, and cultural factors. It is imperative to adopt a comprehensive strategy and ensure that all stakeholders like the precise core verticals of the Government Bodies, Law Enforcement teams, the relevant NGOs, various Communities’ leaders and respectable individuals from the society to effectively address this issue. This study delves into potential causes including advancements in technology, proliferation of online platforms, inadequate awareness, economic influences, weak legal enforcement, cultural norms, transnational networks, psychological elements, and more. As aforementioned, to counter the escalation of child pornography, it is extremely important to adopt a comprehensive approach, entailing legal revisions, widespread public awareness initiatives, educational programs, robust support systems for victims, integration of advanced technologies, and collaboration on an international level. We need an ongoing strengthening of International and domestic legal frameworks and a well supported mechanism. internationally. In a country like India the vital aspects of the said strategy must encompass establishing clear and inclusive definitions of child pornography, providing comprehensive support to victims, and consistently monitoring and evaluating the legal structure.835 views -
Indian Perspective on the Legality of Surgical Strikes
Student at Symbiosis Law School, Pune, IndiaPages 426 - 434The national security of a state is an important objective as the ability to provide a peaceful life without any harm from foreign actors or states is the capability of a strong government. Considering these circumstances, states have been using surgical strikes as a common tool for warfare in recent years against terrorist and insurgent outfits. The legality of such an act of using force on another country is a violation of peace and has been in question in the minds of thinkers. Use of force, whether in respect to an act of aggression or in defense is subject to the provisions provided under the UN charter. India has conducted multiple surgical strikes in response to external threats and the legality of such attacks have been studied in this paper. International law is an important factor in determining the legality of surgical strikes. This is especially true when it comes to cross-border military operations. Surgical strikes are a form of targeted military action that is designed to minimize civilian casualties and to damage property. As such, international law must be considered before any such action can take place. This article will discuss the legal framework surrounding surgical strikes, including relevant treaties, international organizations, and national laws. It will also examine cases of India’s surgical strikes and their implications for international law.1,001 views -
A Comprehensive Analysis of Applications and Implications of Res Judicata
Student at Symbiosis Law School, Pune, IndiaPages 435 - 444Roman law gave rise to Res Judicata, which is now a part of all legal systems worldwide. According to the res judicata doctrine, the parties are often prohibited from bringing up the same issue or claiming again in later proceedings once a definitive decision has been rendered. Res Judicata's origins can be attributed to the demand for judicial effectiveness and eliminating needless litigation. It acts as a key supporter of the legal system, encouraging the efficient use of judicial tools and hastening the settlement of legal issues. Res judicata offers certainty and predictability in case of outcomes while also assisting in avoiding the strain and expense of several judicial actions. This research paper aims to comprehensively analyze res judicata and its applications in the Indian legal system. It explores the origins of res judicata, its elements and requirements, and its significance in different legal jurisdictions. The paper also explores the exceptions and limitations to res judicata and analyses the potential challenges and criticisms associated with its application. Through an in-depth examination of case laws, this research paper contributes to a better understanding of the doctrine of res judicata and its implications for the administration of justice.953 views -
Navigating Tax Complexity: Assessing the Transformative Impact of the Insolvency and Bankruptcy Code on Indian Tax Laws
LL.M. student at NALSAR & IICA, IndiaPages 445 - 454This essay explores the intricate intersection of the Insolvency and Bankruptcy Code (IBC) in India with tax laws, emphasizing the evolving legal landscape. Focused on government dues prioritization, post-IBC tax law changes, and the challenging interplay between GST and IBC, the essay delves into crucial judgments and implications for businesses and creditors. Examining tax liabilities during the Corporate Insolvency Resolution Process (CIRP), it addresses challenges, judicial interventions, and nuances surrounding tax recovery through a corporate debtor’s property. The article offers recommendations for policymakers and practitioners to enhance the efficiency of the insolvency framework, advocating for harmonization, clarity in GST provisions, reforms, capacity building, adoption of best practices, and timely judicial intervention. As the legal scenarios continue to unfold, collaboration between stakeholders remains crucial for fostering economic revitalization and ensuring the resilience of the corporate sector.819 views -
Understanding Indian Federalism: A Deeper Dive into its Dimensions
LL.M. student at Chanakya National Law University, Patna, IndiaPages 455 - 474India adopted a federal structure with the democratic constitution of 1950, seeking to balance unity with regional autonomy. However, Indian federalism has witnessed significant evolution since Independence owing to political, economic and social changes. Core issues like center-state relations, distribution of powers and resource allocation have transformed over time. This research aims to analyze the changing contours of Indian federalism by exploring the key factors that have reshaped center-state ties, centralization versus decentralization debates and the overall balance of power. It will examine constitutional provisions, institutional dynamics, political compulsions, economic liberalization and the emergence of regional parties that have impacted federalism. It will also evaluate the implications of these changes on governance, democracy and national integration.895 views -
Resilience Amidst Adversity: Unveiling the Human Stories of Rohingya Refugees in India
Assistant Professor of Law at Institute of Legal Studies, Shri Ramswaroop Memorial University, Lucknow, IndiaPages 475 - 482Refugees, often reduced to statistical figures, embody narratives of resilience, hope, and determination. Driven from their homes by conflict, persecution, or natural disasters, these individuals embark on arduous journeys that test the limits of their strength and tenacity. As global citizens, it is imperative to comprehend and appreciate the rich tapestry of experiences that refugees bring, fostering empathy and emphasizing the importance of humanitarian efforts. This abstract delves into the challenging humanitarian situation faced by the Rohingya Muslims in India, highlighting their plight as a microcosm of broader global issues. Originating from Myanmar, the Rohingya, an Indo-Aryan ethnic group, have endured systematic persecution by the government and military since the 1970s. This unrelenting oppression has compelled over a million Rohingya individuals to undertake perilous journeys, seeking safety and refuge in foreign lands. By examining the specific case of Rohingya refugees in India, this article aims to shed light on the narratives of survival, the complexities of their journeys and the challenges they face as displaced individuals come to the forefront. Understanding and empathizing with the Rohingya experience not only deepen our appreciation for the resilience of these refugees but also serve as a poignant reminder of the pressing need for global humanitarian efforts to address the plight of those forced to flee their homes.694 views -
To Ease or to Reform the Labour Laws during the Lockdown in India
Student at Unitedworld School of Law, Karnavati University, Gandhinagar, IndiaPages 483 - 495The paper provides a comprehensive insight into labour law in India, tracing its historical roots from the Trade Disputes Act of 1929 to the recent consolidation of four major labour laws. The study delves into the profound impact of the COVID-19 lockdown on the Indian labour force, dissecting challenges faced by both organized and unorganized sectors. The situation of labour migration is more pronounced, illustrating the stark contrast between the resilience of the structured workplace and the struggles of the unorganized sector. The latter part studies the labour law reforms implemented during the epidemic, especially in states like Uttar Pradesh, Madhya Pradesh, and Gujarat is present. While the author acknowledges the importance of economic stability, it raises concerns about potential human rights violations and non-compliance with international treaties. This highlights the need for an emphasis on a balance that prioritizes business and employee interests. Proposed policy recommendations include periodic review of labour laws, enhanced welfare schemes, legal aid, and expanded social safety nets. The paper emphasizes the importance of balanced employment, emphasizing the promotion of easy and equitable conditions in India.835 views -
Unconstitutionality of Exception 2 of Section 375 of the Indian Penal Code
Student at Christ University, School of Law, Bangalore, IndiaPages 496 - 508The topic of marital rape, which is profoundly ingrained in the legal system, is receiving more and more attention in the legal discourse of today. This study explores the intricate and varied facets of marital rape from a sociocultural and legal standpoint. It aims to shed light on the various jurisdictions' current legal systems, cultural norms, and victim difficulties. In the recent verdict of RIT Foundation v. Union of India, division bench of Justices Rajiv Shakdher and C Hari Shankar delivered a split verdict on their position about marital rape in India. The idea of marital rape is a highly controversial topic in India. India being a patriarchal set up has always recognised the will of a husband over his wife, so for marital rape to even be considered an offence shocks most people with this mindset. Establishing that marital rape violates fundamental rights and that societal pressures on women lead to violations of their rights is the main goal of this study work. After reading and analysing a number of journals and case laws, it was determined that marital rape is unconstitutional and that the law shielding the perpetrators needs to be overturned. Finally, this research paper urges legal reform, more knowledge, and survivor support systems in order to reevaluate legislation pertaining to marital rape. It makes the case that dealing with marital rape is essential to establishing a more equitable and compassionate society as well as upholding the values of gender equality and human rights which are not being given priority over age old discriminations.795 views -
National Security Challenges in Extradition: Analysing Cybercrime Cases in the Digital Age
Student at Christ University, School of Law, IndiaPages 508 - 518The digital age has ushered in a new era of national security challenges, primarily driven by the evolving landscape of cybercrimes. Extradition, the legal process facilitating the transfer of individuals across jurisdictions for trial or prosecution, has assumed a pivotal role in addressing cybercrimes directly impacting the security of nations and their citizens. This study delves into the complex domain of extradition in the digital age, with a specific focus on cybercrime cases intertwined with national security interests. The central theme that emerges is the critical importance of harmonizing legal frameworks, particularly in the context of dual criminality requirements. Cybercrimes often transcend borders and can involve actions recognized as criminal in one country but not in another. Divergent legal frameworks, jurisdictional conflicts, and the absence of a comprehensive global treaty on cybercrime contribute to the complexity of extradition in this domain. Cases such as those of Gary McKinnon, Alexei Burkov, Julian Assange, and Meng Wanzhou, exemplify the intricacies of international extradition when dealing with cybercrimes and national security interests. Beyond legal considerations, the study explores the diplomatic, political, and human rights dimensions of cybercrime extradition. Striking a balance between national security imperatives and individual rights becomes a delicate challenge that extradition processes must navigate. It emphasizes the critical role of international cooperation in addressing jurisdictional challenges inherent to cybercrime extradition. In the rapidly evolving landscape, the development of best practices and model approaches is essential to mitigate jurisdictional difficulties and ensure justice prevails, even in the face of cyber threats transcending borders.929 views -
Perils of Classification of “Climate Refugees” as Refugees in 1951 UN Convention Relating to the Status of Refugees
Student at Tamil Nadu National Law University, IndiaPages 519 - 532With the start of COP28 Summit in Dubai, UAE, all countries in the world race to fight climate change by trying to find innovative ways to reduce Greenhouse Gas (GHG) emissions. But the effect of missing targets to reduce Global Temperature would be first felt in migration of citizens. The most vulnerable people in Climate Change who are the first affected are the migrants who are displaced due to these Slow-Onset Climate Change events, however in the current scenario they have no legal status of “Refugees” according to the 1951 UN Convention Relating to Status of Refugees. Hence the benefits of being considered a refugee cannot be availed by a displacement victim of Slow-Onset Climate Change events. The author aims to trace the pre-requisite conditions for being considered as a refugee and attempt to fit climate refugees into it. The possibilities of that integration in accordance with the existing Convention is seen. If that is not possible then other remedies for those displaced victims under the existing international law is examined. The solution for providing remedies to those victims of Climate Change is provided keeping in mind the nature of migration and different types in them. Hence a One-size-fits-all solution is set aside in pursuit of unique solutions for this sui generis problem.822 views -
Revisiting Amendability of Fundamental Rights
Student at ILS Law College, Pune, IndiaPages 533 - 540This article delves into intricate question of amending fundamental rights within Constitution of India, pressing its historical development and judicial precedents. Despite being one of the lengthiest constitutions, it incorporates mechanism for amendment. There is Constitutional tassel between article 13(2) and Article 368, examining key precedents such as Shankari Prasad, Sajjan Singh, and Golak Nath. The Keshavanand Bharati case solidified the doctrine of basics structure, establishing that while Parliament possesses the power to amend, it cannot alter the fundamental essence of the Constitution. The journey of amenability unfolds against the backdrop of the sacredness of fundamental rights and the socio economic needs of society. The doctrine of basic structure, though a legal fiction, acts as a safeguard against arbitrary alterations to the fundamental principles of the constitution. This article offers a comprehensive exploration of the dynamic interplay between constitutional amendments and the preservation of the constitution's essence.1,251 views -
Journalistic Exemption from Data Protection Laws: A Critical Appraisal from the Perspective of Bangladesh
Law Graduate from East West University, BangladeshPages 541 - 570The right to profession and freedom of expression are considered as one of the most valid human rights. Beside these, data protection is a serious concern in modern age. The professionals who mostly face difficulties in between these are the journalists. Journalists often need to do secret investigation regarding any crime or corruption and disseminate confidential or evidentiary documents before the public which is the main object of their duty, that may lead to violations of data protection laws. The protection of any kind of data is necessary, but it is equally important to protect the journalistic freedom and the object of their profession, especially for the issue of public interest and human rights. However, there is no legal provision that strongly can lead to the protection of these concerning issues other than the recently introduced draft Data Protection Act. It is high time to introduce provisions with specific exemption within all laws related to data protection for the higher protection systems to ensure the safety, privacy, and freedom of journalists regarding their independent practice. This paper works on the actual standpoint of Bangladesh about ensuring the rights and protection of journalists. Bangladesh needs to enact and enforce effective mechanisms to protect the rights of the journalists about their professional conduct. Thus, the purpose of the paper is to identify the actual necessity of journalistic exemption from the data protection laws and recommend possible solutions by analyzing the current legal framework in Bangladesh with a comparative analysis of international law.888 views -
The Psyche of Criminality: An Elaborative Examination of Mental State
Research Scholar at University of Lucknow, IndiaPages 571 - 584State of mind is fundamental requisite for deciding culpability as well as quantum of punishment. Two similar acts can have different punishment even if the end result is same. A person can be imprisoned for life even if he could not commit the crime solely on the basis of requisite state of mind. A human conduct that is believed to be inimical to the social interests is labelled as a crime but the quantum punishment is decided by the mens rea i.e. culpable state of mind. Can we know the intention of the delinquent at the time of commission of crime? How to distinguish fake intention from projected one? We know already that truth cannot be ‘found’, and that it can only be reconstructed. In fact, Legal proceedings are not a simple recapitulation of a past occurrence. It is never possible simply to reconstruct the exact actions or utterances that gave rise to the case at hand. In such scenario, if there is misjudgement of intention, miscarriage of justice is bound to happen. This paper will discuss the method judges employ to judge the state of mind of accused while committing crime, are these methods full proof, and how to reduce the probability of misjudgement to advance the criminal justice.700 views -
Inclusive Higher Education: In the Light of Thorat Committee Report
Research Assistant at High Court of Kerala, IndiaPages 585 - 596“Right education starts where discrimination stops”. The words of great Dr. B.R Ambedkar still creates consciousness on the very purpose of education system. To him, fundamental rights would mean establishment of equality and liberty to reform our social system which is full of inequalities, discriminations, and other which conflicts with our fundamental rights. Social movements are not only caused by a single reason but emerges as a burst out from incessant torturing and denial of justice. Atrocities, discrimination, exploitation and subordination have a cause and effect relation with people’s demand for justice. In India discrimination based on caste, creed, gender, economic status exists in every sphere of society. The glorified knowledge centers rich in traditions do not have a different story to tell. The steadily isolated Dalit students becomes martyr’s due to their sufferings. Movements arising from students of higher education is also a struggle that tries to counter attack the socio-cultural hegemony of the upper castes. Indian Dalits student’s life depicts definitions of discriminations, poverty, injustice, denial of education, and so on. The cruel fact is, in our so-called democratic country, 28% of village police stations are forbidden sacred places for Dalits. We can’t expect any shielding hands from temple of justice wherein no one is there from these communities to raise voice for the voiceless people who constitutes one fourth of Indian population. Students movements experienced a vibrant change across the country which depicts sever failures in administration of distributive justice. The first and foremost function of a state is administration of justice. But certain prejudice still hunts the democratic values that have been upraised by our constitution. The main objective of student’s movement recently arises from central universities like JNU, HCU is to establish an educational environment in India based on social equality.948 views -
Right to be Forgotten: An Indian Perspective
Student at Symbiosis Law School, IndiaPages 597 - 608The Right to Erasure or Right to be Forgotten had been first recognized in European Union Court. It was later incorporate in the General Data Protection Regulation (GDPR). The GDPR is the building block for many Data Protection laws around the globe such as Turkey, Argentina, Japan. In India there was no regime which covered this right before the Digital Personal Data Protection (DPDP) Act, 2023. The only legislation which delt with data protection before the introduction of the Act was Information Technology Act, 2000 and Rules. The authors have made an attempt to analyze the scope of Right to be Forgotten in India with understanding the DPDP Act, 2023 with support of various judicial precedents by the Courts.1,431 views -
The Pinnacle of Judicial Parity: Right to be Defended and Access to Legal Aid from Arrest to Acquittal under Indian Criminal Law
LL.M. student at School of National Security and Law, Rashtriya Raksha University, Gandhinagar, Gujarat, IndiaPages 609 - 616From the moment of arrest onward, individuals possess the right to legal representation, ensuring the protection of their rights during trial and other pre-trial proceedings. The article delves in the crucial need for early access to legal counsel, emphasizing its role in upholding individual liberties. Furthermore, it addresses concerns surrounding confession, bail and pre-trial detention, underscoring the significance of legal assistance in ensuring a fair process for those awaiting trial. The article deals into the importance of building a robust legal defense, encompassing effective cross-examination and evidence presentation. It also sheds light on how without fair trial the challenges faced by the accused, emphasizing the potential for miscarriages of justice in the absence of adequate legal aid. This article also examines the significant role played by the right to legal defense and access to free legal aid in achieving true judicial parity within the criminal justice system in India. It identifies challenges such as financial constraints and offers policy recommendations and legal reforms to address these obstacles. At the end this piece of writing put some suggestions to the well-addressed problems and way forwards. In conclusion, the article contends that the right to legal defense and access to free legal aid from arrest to acquittal are indispensable for the achievement of judicial parity and in protecting the important pillars of the natural justice. Upholding these rights not only ensures justice for individuals but also maintains the integrity of the entire judicial system, fostering a society founded on principles of equity, fairness and good conscience.730 views -
Criminal Responsibility arising from a Breach of the Course of Justice before International Criminal Courts
Lecturer at Ministry of Higher Education and Scientific Research, Al-Qasim Green University, IraqPages 617 - 633International criminal responsibility has now become an established fact that does not accept any doubt at this time and within the known rules of public international law, for the purpose of reducing the existing and diagnosed criminal tendency among some individuals who commit this type of bad and dangerous crimes at the international level and the nature and state of the effects. The known consequences of such types of crimes. The definition of individual international criminal responsibility in accordance with the provisions and law of the Rome Statute and main statute of the Permanent International Criminal Court will clearly and significantly limit the impunity of those people who actually commit this type of crime. This exact same thing applies to crimes and abuses related to the administration of justice before the various well-known international criminal courts, including the Permanent International Criminal Court, in that these aforementioned crimes are included within the Rome Statute and in the form of a direct and clear definition of the types of disruption of the course of justice. The path of international criminal justice before this Court makes it very difficult for those individuals who commit such crimes to escape punishment due to the definition of this category of crimes, and the punishment assigned to them under the Rome Statute of the Criminal Court, factors that may be deliberately put in place in order to Obstruction of international justice, whether by individuals or states, which amounts to committing crimes that could violate the course of this justice, will clearly and well-known affect the original cases filed before the International Criminal Court due to concealment of the international criminal truth. It is clear that determining real international criminal responsibility when committing certain crimes that represent a violation of the course of international criminal justice clearly requires severe punishment for these crimes in order for criminal justice to be established and so that individuals are not able to commit such crimes, such as cases of giving false testimony or falsifying evidence that is presented to the court.810 views -
The Interface between Central Vigilance Commission and Administrative Tribunals: A Study of Conflict Resolution Mechanisms
Student at Unitedworld School of Law, Karnavati University, IndiaPages 634 - 642This study explores the functioning of Central Vigilance Commission and Administrative Tribunal, delving into the intricacies in the conflict resolution mechanisms within this interface. When an Administrative Tribunal and CVC (Central Vigilance Commission) interacts issues pertaining to discipline, vigilance, and internal conflicts in government agencies are usually dealt. Vigilance operations are managed by the CVC, and employee conflicts and appeals are handled by the Administrative Tribunal. This partnership guarantees equity and openness when resolving problems in the public sector. Analyzing cases and procedures, the author aims to provide insights into the effectiveness and challenges one entity faces from the intervention of another which compromises with the administrative integrity and justice.644 views -
The Evolution of Comparative Public Law in India: A Journey of Borrowing, Adaptation and Innovation
Student at Galgotias University, IndiaPages 643 - 657The genesis of comparative public law contains various general law system components like old, new, foreign, etc. Its history is full of struggles and achievements. It has some disappointments as well as happiness. The study of comparative public is to better understand the legal system and to understand it better we need to know about its historical background and how it evolved to give us current legal system. In this research paper we will know about the all its struggles for the achievements of our legal systems. In this we will compare the individual state relations of the Indian state. So, I am using the descriptive research method to gather the information of how our legal system is evolved. We can say what has happened and what is happening is the main focus of our research. This research will help you know about the legal system better and also the past of our legal system which has been suffered a lot to be what it is now. It helps us to gain a greater comprehension of the challenges that our ancestors have faced that time and that teaches us to live with the failings and mistakes by compassion and love within our families and society also. Overall, I conclude that the history can help you to know about the how you become who you are and it’s important to know where you come from what you have faced to be what you are now that keeps you realistic and sensible.826 views -
Case Study on “Subhash Kumar v. State of Bihar and Others”, AIR 1991 SC 420
Student at ICFAI University, Jaipur, IndiaPages 658 - 663Article 32 of the Indian Constitution gives power to the apex court to protect the rights of the individual, and this provision has been broadly interpreted from time to time. The other magnificent provision of the Indian Constitution is Article 21, which protects the life and liberty of individuals, which is also the basic right of the individual and cannot be taken back by the state. The Public Interest Litigation (PIL) is nowhere defined under the Indian Constitution, but this the mechanism is evolved by the Indian Judiciary.1,270 views -
Historical Development of Labour Law in India
Student at Unitedworld School of Law, IndiaPages 664 - 672The paper examines the evolution of employment legislation across time, emphasising its significance for post-World War II industrialised and emerging nations alike. The role of labour law in welfare states is examined, as it plays a crucial role in establishing social foundations and organisational governance principles. After attaining independence in 1947, India deliberately implemented labour legislation with significant trade union participation, creating a distinct legal domain inside the Indian legal system. Understanding the evolution of labour laws requires a deep historical context since political and industrial battles frequently significantly reference earlier fights. India now has more than 150 state-specific labour laws and over 60 major federal labour laws that forbid discrimination, promote fair employer-employee interactions, and set minimum standards. Imagining a future where the rights of workers are a prerequisite for the growth of the economy and society is made possible by this historical trajectory. The data and material used in this study were sourced from a variety of books, law journals, statutes, and other sources using the doctrinal research approach.1,754 views -
Doctrine of Procedural Ultra Vires: A Critical Analysis
Student at United World School of Law, IndiaPages 673 - 680In the contemporary welfare state, burdened by the exigencies of extensive powers, the administrative officials has started delegating its powers to the subordinate bodies. This has further underscored the necessity for the formulation of safeguards to judiciously regulate the exercise of such delegated supremacies. The question of requirement of such necessity is important here so that the executives can ensure oversight in instances of misuse or abuse of powers. One such control that the law has by far evolved is the doctrine of procedural ultra vires that has emanated from the sphere of rule of law and natural justice and is dissected into two intricate branches of publication and consultation This paper delves into exploring the crucial character played by the doctrine of procedural ultra vires as an instrument of control for delegated legislation in administrative setting. By tracing its evolution, examining its existing application, and disclosing various dimensions and viewpoints of procedural defects that needs to be cured for the efficient functioning of administration, the paper provide in-depth understanding of the doctrine. Furthermore, the paper emphasize over the utmost significance of these procedural requirements by showcasing the delicate balance between mandatory and directory procedural requirements which determines the extent up to which a law made by delegated legislation is inter vires or ultra vires. Since its emergence the executives have been aggressively using it, which even more make it important to interpret the phrase “procedure prescribed by law” in its widest sense to provide that no authority, body or person can escape the essential procedures while exercising the power granted to them. The basic aim of the paper is to understand that under what circumstances the judiciary has applied this essential doctrine of ultra vires to control the excessive delegation of powers and critically examine its applicability.1,626 views -
Arrest Intimation Procedure: An Insight into the Compliances and Flagrant Breaches committed during Custody
Civil Judge (Junior Division), IndiaPages 681 - 687Whenever the aspect of remanding a person to custody is brought about, the ingredient of communication to kith and kin cannot be overlooked. There are plethora of instances of human rights violation in the rooms of lockup with the hues and cries of help resounding and echoing the walls, which always ends up in vain with no one to answer. For comprehending the nexus between custodial deaths and communication of arrest to the next friend, in light of the instances referred above, it can be said unambiguously that it is essential to communicate the arrest, as the consequence of non-intimation of arrest can be devastating. In many custodial deaths, seldom the nearest known person or relative has been informed about the arrest. It can be succinctly put that, in one way or another, non-communication of the information about arrest gives room for gross violation of rights in custody, as a repercussion of which custodial deaths happen unabatedly. In the event of a arresting a person, when the investigation cannot be completed the arrested person is subjected to custody U/s.167 (2) Cr.P.C, and that the custody can be Judicial custody or when the police has requested for custody in order to investigate, it can be a police custody. It cannot be used for inflicting pain and suffering upon a detained person and treating in boisterous and repugnant manner which is inhumane and endangers the very existence of a detenu when it is perpetrated.742 views -
Unraveling the Uniform Civil Code: Navigating Misconceptions and Realities
Principal at Markaz Law College, Calicut, IndiaPages 688 - 703In the evolving landscape of India, characterized by its developmental strides and diverse geographical and cultural tapestry, the coexistence of religious-based moral values and lifestyles has been deeply ingrained since time immemorial. Recognizing the imperative to compete globally, it becomes paramount for the nation to balance its cultural richness with the demands of progress. Rather than outright abandonment, a positive reformation of religious-based moral cultures is proposed as a judicious approach, fostering development without severing ties to deeply rooted traditions. In the contemporary era marked by technological advancements and the open doors of globalization, the younger generation is increasingly influenced by Western cultures. Upholding the dreams and ambitions of our freedom fighters, as encapsulated in the constitution, becomes a primary duty. The preservation of these constitutional ideologies is crucial in the face of changing cultural landscapes. At this juncture, a shift towards reformative theories, guided by policies that instill awareness of globally accepted moral values, is advocated. With the recent instances of judicial interventions, such as in Section 377, 498A of IPC, Sabarimala, and Triple Talaq cases, the need for a Uniform Civil Code (UCC) emerges as pressing. Proposing a judicious approach, this article delves into the constitutional and judicial steps required for the realization of UCC that not only aligns with the cherished values enshrined in our constitution but also respects the rich cultural tapestry of the nation. In navigating the course towards a UCC, the intent is to strike a harmonious balance between tradition and progress, ensuring a cohesive and inclusive societal framework for generations to come.737 views -
Challenges faced by Women in Protecting Intellectual Property Rights
Student at Government law college, Ernakulam, IndiaPages 704 - 711Intellectual property includes ideas, creations, inventions, artistic and literary works. Major forms of intellectual property protection consists of patent, trademark, copyright and trade-secret. IP can be bought, sold, licensed or given away. IP rights are enshrined in Article 27 of the Universal Declaration of Human Rights of 1948. Only 16 percent of patent applications are filed from women, the remaining is from men. There are certain problems faced by women in protecting IP rights. Some of them are Gender bias, Financial constraints, Lack of IP education and awareness, Lack of representation. These challenges needs efforts for promoting gender equality and also inclusiveness in the field of IP. The practice of IP law and management is its own profession for the reason it requires specialized training. Most of the creations and ideas made by women are not protected under the category of intellectual property for the main reason, of long procedures involved and also unaware of the legal side of IP. Closing the gender gap in IP requires empowering women through education, mentor-ship and support. The purpose of IP rights is to encourage and develop innovation and creativity, which in turns helps to improve the quality of our lives. Women may face difficulties in understanding the intricacies of IP laws, filing applications or in enforcing their rights. Limitations on women’s legal capacity cause a burden on their decision making ability. Striking a balance between work and home is important not only for women but also an equal responsibility of men. For decreasing the gender gap, it is mandatory to create an inclusive environment.1,058 views -
Restoration of CIRP Process once Withdrawn u/s 12A of the IBC 2016
Student at Symbiosis Law School, Nagpur, IndiaPages 712 - 719The Insolvency and Bankruptcy Code, 2016 was enacted in furtherance of the India’s stance on “Ease of Doing Business Index” of the World Bank. IBC 2016 is an umbrella legislation that deals with the cases of corporate insolvency. The legislation was enacted with the objective of speedy resolution of insolvency proceedings by way of providing a unified corporate insolvency resolution process. To aid the process of speedy resolution of corporate insolvency the corporate creditor and the debtor at times are also allowed entering into a consent agreement. The creditor as well as the debtor in such scenarios enters into settlement agreement where the debtors promise to pay the debt amount to the creditor against the withdrawal of the CIRP. A CIRP application can be withdrawn u/s 12-A of the Insolvency and Bankruptcy Code 2016. However, once withdrawn cannot be revived again. CIRP once withdrawn pursuant to the settlement agreement, if debtor fails to repay the debt amount or adhere with the consent terms the code lacks any provision for the revival of the application. This article explores a scenario whether a CIRP application that was filed and subsequently withdrawn due to a consent term can be revived with the help of case laws. The authors further in the article also made certain suggestions in relation to the code.688 views -
Corporate Democracy
Student at Bharati Vidyapeeth, New Delhi, IndiaPages 720 - 734Sections 241 and 242 of the Companies Act, 2013 in India are playing a very key role in addressing corporate governance concerns by providing a legal support against “oppression” and “mismanagement” within companies. Sections are protective mechanisms, granting legal recourse to stakeholders and shareholders against acts harmful to their interests or that of the company. The concept of Indoor management and constructive notice are associated with these issues are discussed in this paper. Sections 241 and 242 uphold the fundamental questions of fairness, transparency, and accountability, thereby contributing to increase the corporate governance benchmark in India. These provisions are discussed in association with corporate governance, fostering transparency, accountability, and fairness in the management comprising of majority and minority stakeholders. The aggrieved party can approach the NCLT or high judiciary in order to get the justice, which is discussed in this paper through landmark judgments, thereby reinforcing confidence in India’s corporate sector.762 views -
Honour Killing: A Continuing Socio-Cultural Shame in the Developing, Advancing and Shining India
Research Scholar at Galgotias University, IndiaPages 735 - 747Life is hopeless. No one knows the next minute of life. In this case, everyone has the right and desire to live the life they want. No one should be forced to live a life where others are valued and respected. Honor killing is the killing of a person who does not accept the family's marriage or who changes his marriage at his own request, by a man or woman on the grounds that it would harm the family's honor. Family law takes care of the family, but forgets the love and compassion felt for family members. For example, if the husband is from the lower class of society, he will eventually lower the status of the family, causing the men of the family to kill the girls. They should not forget that a girl's life is not about caste, caste is not important, what is important is the love and compassion for the child. Therefore, no one who violates the law will be free. So-called "murders" are more common in India than statistics and mainstream media reports suggest. Apart from under-reporting, these crimes are often treated as murder, torture and kidnapping under existing sections of the Indian Penal Code (IPC), making it difficult to detect and learn the facts and circumstances of these crimes.751 views -
Law Relating to False Evidence in India: An Analysis
Research Scholar at Amritsar Law College, IndiaPages 748 - 754Giving or fabricating false evidence impinges directly administration of justice and may also result in the miscarriage of justice. In criminal jurisprudence everyone has a right to represent his case with correct information in the form of evidence to justify his case. But in some of the cases person try to made another person responsible by providing false information to the police, they run the risk of being charged with fabricating false evidence. If it is determined that their goal was to obtain a conviction for the death penalty, life in prison, or a sentence of seven years or more, they will be punished in accordance with the offense for which they intended to falsely implicate that other person under Sections 194 and 195 of the Indian Penal Code; otherwise, they will be punished under Section 193 of IPC. A prosecution for a minor offense under Section 182 of the Indian Penal Code cannot be left to such a person. Now 163 year old Indian Penal Code, 1860 replaced with Bharatiya Nyaya (Second) Sanhita, 2023. In new code the concept of false evidence is defined under chapter XIV from section 227 onwards.1,133 views -
Impact of Financial Literacy in India
Assistant Professor at Chaudhary Ranbir Singh University, Jind, IndiaPages 755 - 769A robust financial system is essential to the expansion and development of any economy. A prosperous economy is the direct result of its citizens' financial security. Having a firm grasp on basic money management skills is essential to building long-term financial security. The government of India has made many steps to increase citizens' access to and understanding of financial resources. This article provides insight into the several initiatives taken by regulatory bodies in India to promote financial inclusion and financial literacy among the population. The work draws on a wide range of literature reviews, including those of academic journals, newspapers, government documents, books, etc.636 views -
Role of Investigation Agencies under Criminal Justice System in India
Associate Professor at Delhi Global Institute of Management and Law, Faridabad and Guest faculty at Jamia Millia Islamia New Delhi, IndiaPages 770 - 786The king is the guardian of citizen liberty, freedom and moral order is an exercise in justice observed by Plato, a Greek Philosopher and thinker. The justice delivery system is the benchmark of all democratic countries everywhere. The Constitution of India provides modern welfare and democratic rights to life and liberty under the Article 21. It envisages that “no one shall be deprived of his life and liberty except according to the due procedure established by law. This the very important question that the individual has been granted the protection and security against the State. The Police Administration including CBI. RAW, ATS and LIO, and IB have to go under the various applications of procedure. The mechanism for the harbinger the justice system and brought the accused to end. The rule of law and Body of system are two elements in the administration of criminal justice System. This is not practically possible in each case to undermine the law as the need of innovation and technology in modern time. The law enacted by the State for redressal of crime are traditionally in-adequate due to the lack of skill and technical support to all agencies despite the guidelines of judiciary are not properly implemented. The current remark by Apex court on the action and function of the Enforcement Directorate, CBI has flourished the issue once more time about the procedure and power of the authority to be laid down and fixed the cases as per curium in justice system “whether you want to put every person on board or behind the bar” observed by bench lead by A M Khandelwalker and A S Oka JJ. The Image of the existing Criminal justice system is not sound in the eyes of citizens and they are losing the faith in Rule of Law in the country and adoption of new infrastructure and scientific approach in dealing the crimes and criminals is the need of hour.1,049 views -
Human Rights Protections: Comparing Constitutional Guarantees for Human Rights across Nations
Advocate at Bhardwaj and Associates, New Delhi, IndiaPages 787 - 804Human rights are the fundamental rights and freedoms that belong to every person, regardless of their nationality, ethnicity, religion, gender, or any other status. Numerous legal documents, including national constitutions, international treaties, and laws, recognise and defend human rights. However, depending on how their constitutional protections are interpreted and put into practice, different countries have different levels of protection for human rights. Using the Universal Declaration of Human Rights as a common foundation, this paper compares and contrasts the constitutional safeguards for human rights in various countries. The paper will look at how various constitutions include, define, and restrict human rights as well as how they set up procedures for enforcing them and offering redress when they are violated. Additionally, the paper will analyse the prospects and difficulties of strengthening the protection of human rights through judicial review and constitutional amendment. The United States, the United Kingdom, Germany, and South Africa are just a few of the nations and legal systems from which the paper will provide instances. The final section of the paper will include some suggestions for strengthening the protection of human rights in constitutional theory and practice.1,128 views -
The Notion of Liquidation as a Going Concern under Insolvency and Bankruptcy Law
Student at Symbiosis Law School, IndiaPages 805 - 811The Insolvency and Bankruptcy Code of 2016 (hereafter referred to as IBC, 2016) has been passed in order to put into operation a very time-bound procedure for the resolution of insolvency for corporate entities, partnership businesses, and individuals. In accordance with the IBC, 2016's framework, an Interim Resolution Professional is responsible for continuing the company's business activities as a going concern until the Committee of Creditors suggests a resolution plan that would allow the company to continue operating after an insolvency resolution. If the resolution approach is unsuccessful, the corporate person is liquidated. However, when a corporate person is liquidated by selling the company's debtor or its business as a continuing concern, the person is not dissolved and continues to exist in the market as a going concern firm. The Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations, 2018 added the initial provision for this liquidation feature under Regulation 32, which dealt with "Manner of sale. " This research will analyse the "going concern" accounting concept and how it relates to insolvency and bankruptcy law, with a particular emphasis on the necessity of the notion of liquidation as a going concern under insolvency and bankruptcy law.849 views -
Agency in Contract with Reference to McDonald’s in India
Student at University of Lucknow, IndiaPages 812 - 828India, also known as Bharat, is a Union of States. The Indian Contract Act brings within its ambit the contractual rights that have been granted to the citizens of India. It endows rights, duties and obligations on the contracting parties to help them to successfully conclude business from everyday life transactions to evidencing the businesses of multi-national companies which also protects and enforces against the parties to the agreement. The essence of the Indian Contract has been modelled on that of the English Common Law. It also defines laws relating to Contracts, Sale of movable properties, Indemnity, Guarantee, Agency, Partnership and Bailment. Agency defined under INDIAN CONTRACT ACT, 1872 explains the legal relationship between the principal and agent. Suppose A, owns a prominent food restaurant in Lucknow, famous for its healthy Lettuce Burgers, who engages B, a renowned Chef, works as an agent for A’s Company. But B appoints C, a third person for making the Lettuce Burgers. Result of which, people started having serious health issues after eating that Burger. Now, the Question arises, Is the appointment of C on behalf of B stands valid? And whether A will be held liable for the Acts of C? This paper tries to analyse and investigate upon What Rights and Duties does the Agents possess in such Contractual Agreements? The Author shall also be dealing with the issues and challenges faced with respect to Indian Laws.702 views -
The International Court of Justice Provisional Measures: A Shield against Genocide or a Paper Tiger?
Advocate in IndiaPages 829 - 838The International Court of Justice (ICJ) has played a critical role in establishing legal precedents and frameworks for dealing with genocide. Landmark cases have helped to shape international law by establishing standards for accountability and justice in the instance of a humanitarian crisis. The ICJ's provisional measures under Article 41 of its Statute have the potential to serve as a deterrence, affecting state actors' behaviour and preventing future genocides. However, one of the ICJ's major shortcomings is its lack of enforcement measures. Provisional measures are often seen as a moral obligation by states. While the ICJ has the authority to issue judgments, enforcing compliance by sovereign governments, particularly powerful ones remains challenging without the involvement of other organs of the United Nations. The current global scenario requires an analysis of the impact of ICJ provisional measures on perpetrators' conduct, particularly whether states have complied or will comply with any provisional measures mandated by the ICJ.857 views -
An Analysis of Gender Representation and Reforms in Indian Police System: Issues, Challenges and Way ahead
Research Scholar at Department of Political Science and Public Administration, Baba Masthnath University Asthal Bohar, Rohtak, Haryana, IndiaPages 839 - 849The Indian police force is a crucial institution responsible for maintaining law and order across the diverse communities present in India. It serves as the primary point of contact for the common man in case of any mis happenings that occur in their day-to-day life. However, historically, it has been marred by gender disparities and inadequate representation of women. The Indian police system, a crucial pillar of law enforcement, has historically grappled with significant gender misrepresentation, marked by a profound imbalance in the representation of women within its ranks. Despite comprising a substantial proportion of the Indian population, women remain significantly underrepresented in the police force. This disparity is evident across various hierarchical levels, from entry-level positions to leadership roles, where women officers constitute a disproportionately low percentage of the total police system. Societal norms, cultural barriers, and systemic biases have contributed to this imbalance, limiting women's participation and advancement within law enforcement agencies. Addressing this gender misrepresentation is pivotal not only for fostering gender equality but also for enhancing the effectiveness and responsiveness of the police force in catering to the diverse needs of society. This research paper delves into the complex dynamics of gender representation within the Indian police force from a political science standpoint. It examines the historical context, current challenges, and potential reforms necessary to achieve gender parity and enhance the effectiveness of law enforcement.963 views -
Investigating the Role of the Indian Government in Regulating and Promoting Corporate Social Responsibility
Student at Symbiosis Law School, Hyderabad, IndiaPages 850 - 856This essay is an attempt to map the engagement and regulatory dynamics instituted by the Indian government in its endeavour to regulate and promote Corporate Social Responsibility (“CSR”). By systematically characterising its nature, it first conceptualises CSR's contemporary interpretation, rationale, and legitimacy in the age of globalisation and expanding markets. Secondly, it complements its relevance and highlights the legislative efforts undertaken by the Indian government to secure responsible business conduct, while the subsequent section underscores the government’s role in advancing the CSR agenda. It then critically examines the Government of India's (“GOI”) promotional policies and initiatives and argues for its strategic enhancement by synthesising international policy frameworks and implementation approaches to develop a comprehensive policy that best aligns with India’s unique socio-economic setting. Finally, it concludes by emphasising the need to address regulatory gaps in India’s current CSR governance model.877 views -
Crypto-Anarchy vs. State Sovereignty: Navigating the Digital Frontier
Student at Amity University, IndiaPages 857 - 863In the ever-evolving universe of digital technologies, the battle between crypto-anarchy and state sovereignty stands as a defining storyline. With an emphasis on the applicability of this paradigm in the Indian context, this paper explores the complex dance between the decentralised ethos of crypto-anarchy and the existing mechanisms of state sovereignty. India's path in the digital age is shaped by the interaction of several factors, including the country's struggle with financial inclusion, technical improvements, and regulatory uncertainty. The emergence of crypto-anarchy, embodied by cryptocurrencies and blockchain technology, casts doubt on conventional ideas of centralised control. With platforms like Bitcoin and Ethereum providing financial liberty to people worldwide and challenging the monopoly of central banks, decentralisation grows in strength. The conflict between the need for privacy and the state's requirement for control and monitoring is at the core of this paradigm shift. India offers a fascinating setting for this conflict as a nation at the cusp of technological innovation and economic revolution. Regulatory uncertainty around cryptocurrencies has provided a fertile field for crypto-anarchy to bloom, with fans and corporations negotiating a complicated regulatory framework. The removal of the banking prohibition by the Supreme Court in 2020 has further heightened the significance of this conversation, as the government grapples with establishing a regulatory framework that balances innovation and control. One important area of contention is the possibility of financial inclusion. As a large segment of the Indian populace remains unbanked or inadequately banked, cryptocurrencies provide a substitute avenue for obtaining financial access. The way the government handles regulating or accepting this part of crypto-anarchy will be crucial in determining how financial services are developed in the nation in the future. Concerns about privacy are quite real in this digital age. As India aggressively investigates digital projects, such as the Aadhaar system, concerns over individual liberties, privacy of personal information, and the boundaries of state power are raised. The conflict between the government's interest in monitoring for security reasons and the emphasis on privacy in crypto-anarchy highlights the fine balance that needs to be found while navigating the digital realm. Blockchain technology in particular offers both potential and difficulties. India's interest in harnessing blockchain for diverse use cases, from land records administration to supply chain transparency, demonstrates a desire for efficiency and openness. However, there are concerns over the government's involvement in this quickly changing digital environment due to the conflict between the necessity for centralised authority and the desire for technical growth. India's position on cryptocurrency is becoming more and more important as it gets more integrated into the world economy. The nation's standing in the international economic system will depend on its capacity to strike a balance between the advantages of financial technology and the dangers of unbridled decentralisation.952 views -
Problem and Perspective of Cyber Crime against Children
Assistant Professor at The Tamil Nadu Dr. Ambedkar Law University, Perungudi, Chennai, IndiaPages 864 - 881Cybercrime or the technology related crimes are increasing in this contemporary society and have preyed on not only the adult, but also the children are becoming an easy target in the hands of cyber criminals. The Internet has become an inevitable source for acquiring knowledge but this internet accessibility has various cons in establishing the privacy of a person and breach of security or personal information of a person. Especially when it comes into the phase of children, who does not aware about the proper usage of website and ending up in misery. The research paper strived to bring in the causative factor for the raise in cybercrime against children and also the research has attempted to various preventive, measures in the prevention of cybercrime against children. An empirical study is made on this research paper in order to torch out the present legislative blackening and controlling measures to prevent cybercrime and to protect children for the cyber criminals.837 views -
Kindling a Legislative Enactment: Inclusion of Domestic Workers under the Labour Laws Regime
Student at Gujarat National Law University, IndiaPages 882 - 895“The forbidden fruit is always the tastiest.” It is an undeniable and unequivocal principle of societal and economic evolution that economic prosperity is a result of human labor and efforts, be it in the form of physical labor or mental/intellectual labor. The entire economic setup can be divided into two main categories based upon the service conditions of workers/employees namely Organized Sector and the Unorganized Sector. The Organized Sector is equipped with better working conditions, abidance of labor laws, maternity benefits, proper working hours, paid leaves among many others. The Unorganized Sector is not a regulated sector as opposed to Organized Sector and lacks proper working environment and benefits to the workforce. These sectors are the backbone of our economic capabilities and it becomes utmost necessary to ensure that these sectors are properly regulated so that the workforce being employed here can work at maximum efficiency and at the same time, work in a conducive and favorable environment. There have been an ample of legislations to regulate various kinds of workforces such as Gig Workers, Beedi workers, plantation workers etc. Despite its prevalence for many decades, the domestic workers have yet not received recognition in our prevailing labor laws. Hence, it becomes imperative for us to analyze and incorporate domestic workers in our existing legislations and give them the necessary benefits and safeguards. This paper tends to analyze existing laws in India and their exclusivist nature. This paper shall establish the necessity to provide legislative recognition to domestic workers and the key elements to consider while framing the appropriate legislation.649 views -
From Farms to Streets – Exploring the Illicit Drug Trade’s Roots in India
Research Scholar at Maharashtra National Law University, Nagpur, IndiaPages 896 - 911The article explores the often-ignored rural roots of India’s illicit drug trade, illuminating the social, legal, and historical facets of this intricate problem. The focus remains on comprehending the legal repercussions of drug possession in India and avoiding political and regional conflicts. The article traces the origin of drug production in rural regions and investigates the socioeconomic variables that have sustained its prevalence, starting with a historical review. Examined is the legal system, which is principally controlled by the Narcotic Drugs and Psychotropic Substances Act 1985, along with a thorough breakdown of the consequences associated with drug use and trafficking. The focus of the article then turns to the social effects of the illegal drug trade on rural areas, discussing health issues, family structure disturbances, the persistence of educational difficulties, and poverty cycles. The difficulties that law enforcement faces are examined, highlighting the need for teamwork and community involvement. Taking into account the interdependence of legal, social, and economic aspects, the paper promotes comprehensive approaches. A future-focused viewpoint is offered, highlighting the necessity of multidimensional strategies. The objective of this article is to enhance the comprehension of the intricate origins of the illegal drug trade in India’s rural areas and offer practical suggestions for intervention and preventive tactics.741 views -
A Critical Analysis on Crimes against Women and Children in the World
Student at School of Excellence in Law, The Tamil Nadu Dr.Ambedkar Law University, IndiaPages 912 - 929The crimes against women and children have increased dramatically in recent years. Sexual assaults, domestic violence, demanding dowry, eve - teasing, child labour, child marriage, female foeticide are the most common crimes that happen against women and children all over the world. In the current decade with the development of the internet and social media the crime rates have soared high. Women and especially children are not safe online and are prone to sexual harassment. Crimes that happen online makes it difficult to enforce laws and protect the victims. The major objective of the research is to understand the crimes against women and children and prevent the occurrences of such crimes. The study has been conducted using the empirical research method. The samples have been collected using the simple random sampling method. The major findings are the prevalence of such crimes in various parts of the world. In future the government needs to take strict measures to prevent such crimes and create awareness among the people and protect women and children. The younger generation needs to understand the dangers of such crimes and learn to prevent and protect others, especially women and children from becoming victims.1,047 views -
Empowering Parenthood: Paving the way for Legalized Commercial Surrogacy in India through the Surrogacy Bill
Student at St Joseph's College of Law, IndiaPages 930 - 936The examination of the Surrogacy Bill 2021 involves a comprehensive exploration of its key provisions. On the commercial front, the study scrutinizes the regulation of surrogacy agencies, the intricacies of compensating surrogate mothers, and the prohibition of commercial surrogacy for profit. Simultaneously, it delves into the reproductive rights dimensions, assessing eligibility criteria for intended parents, consent and autonomy of surrogate mothers, and safeguards against exploitation and coercion. This article examines the laws governing commercial surrogacy, paying particular attention to how the Surrogacy Bill may affect things. Important measures pertaining to the commercial side of surrogacy are introduced in this bill, such as surrogacy agency regulation, surrogate mother compensation plans, and the outlawing of profit-driven commercial surrogacy. Additionally, the study examines the moral implications of commercial surrogacy while taking feminist and societal perspectives into account. It also examines possible objections and challenges to the bill, addressing issues with its overall effectiveness, enforcement, and exploitation. The study's findings provide insights into how commercial surrogacy will develop in the future. As the study progresses, it predicts future developments in surrogacy law and makes suggestions for possible revisions and enhancements.656 views -
Judiciary and Caste: A Study on the Caste System affecting Judicial System
Student at O.P. Jindal University, IndiaPages 937 - 942This paper delves into the intersection of the judiciary and the caste system in India, examining how caste dynamics influence the functioning of the legal system. The introduction highlights the inherent subjectivity of judicial decisions shaped by personal perspectives, emphasizing the need for a diverse judiciary in a pluralistic democracy. The paper scrutinizes the under-representation of Scheduled Caste (SC) and Scheduled Tribe (ST) judges in the Indian judiciary, analyzing its implications on the distribution of court judgments. The section on representation presents a disheartening scenario, revealing the historical dominance of male Brahmins and other forward castes in the judiciary. Despite seventy years of affirmative action, the under-representation of SC/ST judges persists, impacting the fairness and balance of the judicial system. The opacity in the appointment process, influenced by caste considerations, is also discussed. The prejudice section explores the ramifications of caste bias within the judiciary. Low conviction rates for crimes against SC/ST communities are linked to the upper-caste judiciary's lack of understanding of their struggles. Judicial decisions, exemplified by cases under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, often reflect inherent stereotypes and contribute to maintaining the status quo in favor of upper-caste members. In the conclusion, the paper advocates for a more inclusive judiciary, emphasizing the necessity of adequate representation of SC/ST judges at all levels. Recommendations include the enforcement of reservations for underrepresented communities and the establishment of an All-India Level Judicial Review to uphold constitutional values of justice, liberty, equality, and fraternity.2,414 views -
Role of Corporate Governance in Corporate Debt Restructuring in India: A Legal Study
Advocate at High Court of Madhya Pradesh, IndiaPages 943 - 968In the dynamic landscape of business, companies constantly navigate a tightrope between growth and survival. Unpredictable market forces and fierce competition pose persistent threats, potentially pushing even viable businesses towards the brink of failure. When companies falter, two contrasting outcomes emerge: either they succumb to creative destruction, swallowed whole by their more agile competitors, or they embark on a path of corporate restructuring, seeking to revive their fortunes and reclaim their market share. This study delves into the crucial intersection of corporate governance and debt restructuring in India. In this context, effective corporate governance becomes a powerful lifeline, acting as the bedrock upon which successful restructuring efforts are built. It's the set of principles and practices that governs a company's decision-making, ensuring transparency, accountability, and a balance between the interests of diverse stakeholders – shareholders, creditors, employees, and the larger society. When corporate governance falters, financial distress often follows. Lenders lose confidence, investors hesitate, and the very viability of the company hangs in the balance. Therefore, this study proposes that shifting the focus beyond mere loan repayment towards scrutinizing the beneficiaries and objectives of corporate debt can become a critical first step in fostering a robust restructuring environment. Through this lens, we can analyze how strengthened corporate governance mechanisms, coupled with strategic debt restructuring practices, can empower struggling companies in India to avoid the perilous grip of financial collapse and emerge stronger, more competitive, and resilient.709 views -
Federalism in the Indian Context: A Comprehensive Analysis
Student at University School of Law and Legal Studies, GGSIPU, IndiaPages 969 - 980The purpose of this paper is to provide a comprehensive analysis of the concept of federalism in the Indian context. Federalism is a form of government in which there are different governments at the Centre and the State levels. In India, we follow the quasi-federal system of government, which is a unique blend of both federal and unitary features. It highlights the significance of federalism in fostering harmony and cooperation between the Centre and the States. It explores how federalism serves as a mechanism for accommodating regional aspirations in India. The paper outlines the constitutional framework of federalism in India along with the distribution of legislative powers between the Centre and the States. It also provides the historical evolution of federalism in India and discusses the Government of India Act, 1935 in brief. It also elucidates the nature federalism in India by referring to the works of Prof. K.C. Wheare and Ivor Jennings. It also delineates the defining features of Indian federalism such as dual polity, division of powers, strong centre, single citizenship, supremacy of the Constitution and emergency provisions, among others. The paper also provides the description of the contemporary challenges to Indian federalism along with citing examples for the same. It explores the challenges faced by Indian federalism such as disputes for resource allocation and the need for improved fiscal federalism. Furthermore, it provides several recommendations for strengthening Indian federalism. In conclusion, the comprehensive analysis presented in this paper underscores the dynamic and evolving nature of federalism in the Indian context and its crucial role in maintaining national unity while retaining diversity.1,962 views -
Artificial Intelligence and Law in Future Prospect
Ph.D. Research Scholar at Unitedworld School of Computational Intelligence, Karnavati University, Gujarat, IndiaPages 981 - 989The paper shows comprehensive review of artificial intelligence have pros and cons when applied in law, how law can be implemented in effective way with the help of artificial intelligence and what theoretical and legal questions raises with regards to the development of artificial intelligence. Here it is seen a number of applications of AI implemented in other fields and scope of implementation of AI in law area in order to reduce number of pending cases in court. Granting legal personality to AI will clear accountability and responsibility of their actions. It can facilitate ethical guidelines development and see proper implementation of program used in a responsible way. Legal agreements and legal contracts allow more efficient interaction between other entities and humans. At a point of indistinguishability whether AI systems be should be entitled to a status of a natural person. Here the paper focus on challenges deriving actionable knowledge from legal mining that integrates information extraction, network-based inference.742 views -
Corporate Insolvency Resolution Process (CIRP): Insolvency and Bankruptcy Code
Student at ICFAI Law School, IndiaPages 990 - 1006Insolvency and bankruptcy code is a law that is being proposed to combine and revise the laws concerning the restructuring and resolution of financially troubled companies, partnerships, and individuals within a specified time frame. The aim is to maximise the value of their assets, encourage entrepreneurship, facilitate access to credit, and ensure the fair treatment of all involved parties. This law also includes changes in the order of payment priority for government debts and the creation of an Insolvency and Bankruptcy Board of India. Additionally, it covers related matters and any ancillary issues. This report deals specifically with the corporate insolvency proceedings, and the details regarding the insolvency procedure regarding individuals, firms etc. are not included as a topic of discussion.773 views -
Inevitable Role of Evidence in Scrutinization of Kerala Snakebite Murder: (Sooraj S. Kumar V. State Of Kerala)
Student at School of Excellence in Law, TNDALU, IndiaPages 1007 - 1028“Evidence forms the building blocks of the investigative process and for the final product to be built properly, evidence must be recognized, collected, documented, protected, validated, analysed, disclosed, and presented in a manner which is acceptable to the court.” Generally, the purpose of the express rule is to assist the court in establishing the truth between the parties' conflicting versions of the case. However, the law of evidence in criminal cases has a more important purpose, namely, the protection afforded to the accused concerning his right to a fair trial. The defence of the accused against the case, impartial to his right to a distant trade, is one of the main reasons why the Law of Criminal Evidence contains many provisions, excluding the relevant evidence to be presented before the court. In the pursuit of a criminal case, evidence is the foundation upon which both sides build their respective arguments. During the investigation into a crime, great care must be taken to collect, preserve, and record evidence that could be critical in establishing the facts surrounding a criminal case. In the pursuit of a criminal case, evidence is the foundation upon which both sides build their respective arguments. This paper focuses on the importance of the evidence collected and scrutinized in the investigation process that undoubtedly proved the guilt of the accused in the well-known case of Uthra murder (Sooraj S. Kumar v. State of Kerala).806 views -
Technological Revolution in the Legal Sphere: Navigating the Impact on Legal Practices
Student at MERI Professional and Law Institute, Bahadurgarh, Delhi NCR, IndiaPages 1029 - 1038This essay explores the profound impact of technology on the legal landscape, examining its transformative influence on legal processes, access to justice, and the very nature of legal practice. The integration of advanced technologies, including artificial intelligence and blockchain, has streamlined legal research, document review, and case management, enhancing efficiency and accuracy within the legal profession. Furthermore, technology has democratized access to legal information, empowering individuals through online platforms, legal apps, and virtual consultations. This newfound accessibility has the potential to bridge the justice gap by providing cost-effective solutions and fostering a more inclusive legal system. The essay also delves into the evolving dynamics of cybersecurity and privacy law, elucidating the challenges posed by rapid technological advancements. As data becomes increasingly integral to legal proceedings, the intersection of technology and law necessitates a nuanced understanding of digital rights, ethical considerations, and the balancing of individual privacy against the imperatives of law enforcement. The impact of technology on law is both far-reaching and transformative. As the legal landscape adapts to the digital era, it is crucial for legal practitioners, policymakers, and society at large to navigate the evolving challenges and opportunities presented by technology in order to ensure a just, efficient, and technologically adept legal system.1,009 views -
Navigating the Minefield: Balancing Online Defamation and Free Speech in India
Student at KIIT School of Law, IndiaPages 1039 - 1049The internet age has revolutionized India's media landscape, democratized expression but also unleashing a torrent of online content rife with defamation and abuse. This article delves into the intricate web of India's legal framework surrounding online defamation, scrutinizing its attempts to safeguard individual reputations while protecting the fundamental right to free speech enshrined in the Constitution. We begin by examining the evolution of India's defamation laws, from pre-internet statutes like the Indian Penal Code to the Information Technology Act, 2000, and its subsequent amendments. The article meticulously unpacks the legal definitions of defamation in the digital realm, highlighting the challenges posed by anonymity, virality, and the permanence of online content. Central to the discussion is the ongoing tension between curbing online defamation and upholding free speech. We analyse landmark judicial pronouncements that have attempted to strike a balance, such as the Shreya Singhal vs. Union of India case, which recognized the "chilling effect" of overbroad defamation laws. The article delves into ongoing debates regarding intermediary liability, hate speech, and the need for nuanced legal frameworks to address the specificities of online communication. Furthermore, the article critically examines the practical implications of enforcing online defamation laws in India . In this article we will also explore the complexities of investigating cybercrimes, the lengthy judicial processes, and the uneven access to legal recourse. The article also acknowledges the role of civil society and technology companies in promoting responsible online discourse and fostering digital literacy.916 views -
The Reimagined, Feminist Approach to Indian Epics: A Critical Study of how Feminists Are Challenging an Age-Old Standpoint of Sacred Epics with text in focus as Karna’s Wife
Junior Associate at Office of the Public Prosecutor of Assam, Guwahati, IndiaPages 1050 - 1059For millennia, societal norms remained unchallenged, but a seismic shift began to unfold a couple of centuries ago, triggered by court disputes, kitchen sparks, defiant opinions, and literary mentions. This revolution, led by the feminist ideology, has subtly reshaped our lives, challenging entrenched beliefs and fostering a continuous transformation. This paper delves into the profound influence of feminism, a political ideology striving for gender equality, particularly in literature, and its role in questioning stereotypes, promoting societal change, and providing a voice for both women and men. Literature has been a powerful force in this feminist movement, offering a platform for diverse voices and perspectives. Works like Virginia Woolf's "A Room of One’s Own" and Jean Sassoon's "Love in a Torn Land" have created figural spaces and empowered women to defy norms. Feminist non-fiction, exemplified by Joanna Russ's "How to Suppress Women's Writing" and Maya Angelou's "I Know Why the Caged Bird Sings," bluntly confronts political insecurities and suppressed ambitions, challenging societal norms in the process. The feminist movement, evolving across centuries, has witnessed significant transformations. This paper explores the changing face of feminism, from early suffrage movements to demands for equal representation and contemporary redefinitions by authors like Chimamanda Ngozi Adichie in "We Should All Be Feminists." Adichie challenges the negative connotations associated with the term "feminist" and advocates for a broader societal shift to achieve true equality. Furthermore, this research examines the role of poetry in communicating feminist ideas, with works like Nikita Gill's "Fierce Fairy tales" questioning traditional narratives and advocating for a gender-neutral upbringing. The paper underscores how literature, through poetry and prose, is not merely a reflection but an active participant in shaping societal perceptions, challenging ingrained gender biases, and contributing to a more equitable future.692 views -
Conceptual Analysis of Securitization
Student at Symbiosis Law School, Pune, IndiaPages 1060 - 1071“Under investment, what is comfortable is seldom profitable. ” The process of securitization has become an efficient technique for the liquidation of assets by way of dividing risks into marketable securities. In recent years, this industry has gained importance in light of its advantage of allowing cash flow in the market which in turn results in easy lending to the borrowers, thus, making this industry an important pillar in the banking business. Securitization is a concept of finance that has an impact on the economy, just like any other industry of finance, this industry is also regulated by the central government and other important bodies. These regulations become important to promote securitization during adverse events and in recent years, there have been several ups and downs in this industry, one of the major being, the coronavirus which made the industry struggle to adapt to the adversity of the economy. Considering the importance of this sector, the students wish to undertake a conceptual analysis of securitization in the Indian market by way critically analysing the recent development in the given industry. This analysis aims to present a holistic picture of the process of securitization and also unfolds certain obstacles in the same, lastly, the students have concluded by presenting certain policy recommendations for this ever-lasting industry to grow and adapt to the changing environment in the securities market.673 views -
A Critical Study on the Power of the Supreme Court in matters of Contempt of Court
Student at Saveetha School of Law, IndiaPages 1072 - 1091A critical study on the power of the Supreme Court in contempt of court matters involves examining legal precedents, jurisdiction and the balance between upholding judicial dignity and the protecting of free speech. It requires a thorough analysis of cases and scholarly articles on contempt law to understand the evolving dynamics of this judicial authority. The aim of the study is To know the power of the contempt of court and To analyze whether the public perceives the Supreme Court’s action in the contempt cases . It also studies whether the courts contempt powers infringe on freedom of speech.The type of research adopted here is the empirical research. A total of 200 samples have been collected. The samples have been collected through a non-probability- convenient sampling method. The sample frame taken here is through online, in and around Chennai, Tamil Nadu. The independent variables are age, gender, marital status, and educational qualification. The dependent variables are contempt of court, judicial accountability etc. The opinion of the respondents that power of contempt of court is statutory law and 19.50% of the respondents have chosen the statutory law and 4% has chosen the amendment of the constitution is the major finding.In conclusion, the critical study on the power of the Supreme Court in the matter of contempt of court has provided valuable insights into public perceptions and attitudes towards this crucial aspect of judicial authority. The survey results indicate a nuanced understanding among respondents regarding the sources of court power.833 views -
The Evolving Landscape of Family Law: Addressing Contemporary Issues
Student at KIIT School of Law, Bhubaneswar, IndiaPages 1092 - 1107The paper explores the multifaceted terrain of contemporary family law, delving into its evolving landscape in response to dynamic societal shifts and emerging issues of the 21st century. As traditional family structures transform, the legal framework must adapt to address novel challenges, fostering inclusivity and ensuring justice for all. The paper illuminates the intersectionality of family law with issues such as technological advancements, diverse family formations, and evolving gender dynamics. In an era marked by unprecedented connectivity, the impact of digital technologies on familial relationships, privacy concerns, and the role of social media in legal proceedings are meticulously analysed. Moreover, the paper scrutinizes the implications of unconventional family structures, acknowledging and accommodating the rights and responsibilities within non-traditional familial units. Emphasizing the import of inclusivity, the research investigates the contemporary interpretation of family law through the lens of gender equality and LGBTQ+ rights. The evolving understanding of parenthood and the legal recognition of diverse family compositions are explored, reflecting the imperative to dismantle archaic norms and prejudices entrenched in legal systems. The study also addresses the critical issue of access to justice, considering disparities in legal representation, socio-economic factors, and the impact of systemic biases on marginalized communities. Proposing innovative solutions, the paper advocates for legal reforms that prioritize fairness and equity, promoting a family law system that is responsive to the needs of a diverse and rapidly changing society. "Navigating Complexity" advocates for a paradigm shift in family law that transcends traditional boundaries. By confronting contemporary challenges head-on, the legal system can better serve the evolving needs of families, fostering a framework that upholds justice, inclusivity, and equality in the face of an ever-changing social landscape.1,416 views -
The Regulation of AI-Based Weaponry under International Humanitarian Law
Student at Jindal Global Law School, IndiaPages 1108 - 1121This decade has seen a remarkable advent of artificial intelligence in warfare. The present (and recently past) wars are using complex machine learning technology to fight the opponent. There are of course humanitarian aspects and concerns to this movement. This research paper explores the complex narrative of AI in armed conflict, focusing the usage of smart Autonomous Weapons Systems (AWS) and its impact on the working of International Humanitarian Law (‘IHL’). The technology is still new and there is unpredictability in its usage and if it can indeed be used fairly. However, this paper in caution, argues against an absolute prohibition of such AI-enabled technology, as an excessive control on the weaponry might hinder the potential benefits it carries, especially towards efficient wars with minimal intended or unintended casualties. Instead, this paper proposes that these machine learning weapons duly comply with the IHL rules to the fullest extent. For this, the paper shall focus on the principle of obligation of constant care under IHL and how it could help hammer out specific mitigatory and precautionary obligations. There is of course the battle with the ambiguity in International law, especially surrounding the "constant care" standard and this paper discusses that too. The ultimate goal is to find a balance between technology and ethics and the human values of peace, applied to a world of machines.1,401 views -
Understanding the Concept of a Uniform Civil Code
LL.M. student at NFSU, Gandhinagar, IndiaPages 1122 - 1126A Uniform Civil Code (UCC) is a legal framework that seeks to replace diverse personal laws based on religious practices with a common set of civil laws applicable to all citizens irrespective of their religious affiliations. The concept aims to foster equality, justice, and a unified legal system, thereby eliminating discrepancies in personal laws related to marriage, divorce, inheritance, and other civil matters. Proponents argue that a UCC promotes social cohesion and gender equality, while critics express concerns about potential cultural insensitivity and opposition from religious communities. This abstract explores the essence of a Uniform Civil Code, examining its objectives, challenges, and implications for a harmonized and equitable legal system.693 views -
Corporate Criminal Liability: Assessing Legal Accountability
Student at Netaji Subhas Institute of Law, Jamshedpur, IndiaPages 1127 - 1138The notion that only humans can commit crimes is outdated. Initially, it was believed that corporations, as separate legal entities, couldn't commit crimes due to their lack of a soul or body. However, this perspective evolved, and the concept of corporate criminal liability emerged through legal precedents like the Standard Charter Bank v. Directorate of Enforcement case. It became apparent that a company, acting through its representatives, could indeed engage in criminal activities and be held accountable. This development stemmed from the Latin maxim "Actus non facit reum, nisi mens sit rea," which implies that to establish liability, it must be proven that an act or omission was committed, forbidden by law, and done with a guilty mind. The doctrine of corporate criminal liability gained global significance following the influential judgment in the Standard Charter Bank Case. This article delves into the historical progression of corporate criminal liability and explores the diverse principles underpinning the accountability of directors, employees, officers, and other agents for the actions of a company. It extensively examines the contentious concept of special vicarious liability, which remains a topic of debate in contemporary times. The final section of this article focuses on Indian court jurisprudence concerning the imposition of penalties on corporations. It highlights landmark judgments that have significantly shaped the landscape of corporate criminality in India.855 views -
Judicial Activism and Public Interest Litigation in India and Issues Involved
Student at Saveetha School of Law, IndiaPages 1139 - 1153The term "Public Interest" refers to the broader concerns of the general public, encompassing the welfare and interests of the masses. On the other hand, "Litigation" denotes legal proceedings, inclusive of all actions taken in a court of law aimed at enforcing a right or seeking redress. Consequently, the phrase ‘Public Interest Litigation’ conveys the notion of legal action undertaken for the betterment of the public or the resolution of public grievances. Essentially, public interest litigation allows any concerned citizen to petition the Supreme Court under Article 32 of the Constitution, the High Court under Article 226, or the Court of Magistrate under Section 133 of the Code of Criminal Procedure, 1973, for the advancement of public welfare. The roots of public interest litigation in India can be traced back to Krishna Iyer J.'s landmark decision in the Mumbai Kamgar Sabha v. Abdul Thai case of 1976, where an unregistered workers' association was permitted to file a writ petition under Article 32 to address common grievances. Subsequently, in Fertilizer Corporation Kamgar Union v. Union of India, Krishna Iyer J. advocated for a more liberal interpretation of the rule of Locus Standi, paving the way for the emergence of 'Public Interest Litigation', which reached its zenith in the S.P. Gupta and others v. Union of India case. The term ‘Judicial Activism’ denotes the courts' eagerness to provide suitable remedies to the aggrieved parties by formulating new rules, especially in cases of legal uncertainty or lawlessness. Judicial Activism in India is exemplified by the Supreme Court's review power under Article 32 and High Courts' powers under Article 226, particularly in Public Interest Litigation cases. When existing rules fail to address specific cases adequately, the courts have taken the initiative to establish new guidelines, a process referred to as 'Judicial Activism'. This study explores the relationship between PIL and Judicial Activism, and the emergence of PIL in India. A convenient sampling method was utilised, collecting data from 200 samples. The independent variables considered were age, gender, education, and occupation. The study reveals that while English laws share similarities with Indian laws, English legal principles have evolved to address the gaps exposed by PIL and Judicial Activism. This paper examines the challenges faced by developing countries like India due to the potential misuse of PIL and Judicial Activism.1,465 views -
Constitutionality of Anti-Conversion Laws in India: An Overview
Student at School of Law, Christ (Deemed to be University), IndiaPages 1154 - 1164Anti-conversion laws are legal provisions that aim to prevent or regulate the conversion of one religion to another. These laws have been enacted by several states in India, including the states of Chhattisgarh, Gujarat, Haryana, Himachal Pradesh, Jharkhand, and Karnataka. with varying degrees of scope and severity. The paper examines the history of the anti-conversion law and its evolution from before independence until the present year. The paper also discusses the rationale and impact of these laws, which are examined in this paper. The paper also explains important provisions of the anti-conversion laws with special reference to THE KARNATAKA PROTECTION OF RIGHT TO FREEDOM OF RELIGION ACT, 2022. The paper also talks about the different views people have on these laws. Some section of people argue that these laws violate their constitutional right to freedom of religion enshrined in Article 25 and pose a threat to the secular and pluralistic fabric of India. However, some argue that these laws are essential to safeguard the citizen's religious identity and protect people from forceful conversions. The paper examines the arguments made by both sides. The paper also analyses the judicial pronouncements on the issue of religious conversion by the Supreme Court in different cases. The paper also analyses the important international conventions about religious freedom and the convention to which India has been a signatory. The paper also explains the signatory. The paper also explains the United States Commission on International Religious Freedom report on Anti-conversion laws in India. The paper is concluded by giving suggestions from the author’s point of view.991 views -
The Jurisprudential Landscape of Cyber Resilience: Legal Obligations and Liability of Stock Exchanges, Market Participants and Intermediaries
Student at University of Petroleum and Energy Studies, Dehradun, IndiaPages 1165 - 1182The article examines how cyber security and financial stability connect critically inside the Indian legal system in the age of digital financial markets. In order to protect India's financial ecosystem from cyber attacks, this in-depth analysis examines the legal responsibilities and responsibilities of key players, including stock exchanges, market participants, and intermediaries. It draws attention to the difficulties, changing nature of cyber threats, and possible directions for development in an ever-changing environment. In the context of India's developing financial markets, the essay highlights the critical significance of cyber resilience for maintaining market integrity and investor trust by illuminating this jurisprudential landscape.609 views -
NEP 2020 in Educational Institutions: Towards Empowerment of the Socio-Economically Disadvantaged Groups (SEDGs)
Associate Professor at Shyam Lal College, University of Delhi, IndiaPages 1183 - 1198The New Education Policy 2020 provides a foundational construct for the development of India. It provides a holistic interface for a transformed India, an "Aatmanirbhar Bharat" continuously progressing and marching. Multidisciplinary and technology focused education, based on imparting life skills while being rooted in India ethos, forms the core of the policy. Towards this end, comprehensive reforms in the education system entailing pedagogical and curricular restructuring, formulation of a robust knowledge network and efficient resourcing and effective governance are entailed. Special emphasis has been laid out under the policy, for the historically unrepresented sections of the society (in education) namely Socio-Economically Disadvantaged Groups (SEDGs). In this context, this paper undertakes a thematic study of NEP 2020 recommendations for SEDGs.1,476 views -
The Dynamics of Multilevel Federalism in India with a Special Reference to Rural Local Governments
Ph.D. Candidate at School of Law, Bennett University, Greater Noida, Uttar Pradesh, IndiaPages 1199 - 1206Federalism, in its rudimentary essence, denotes the partitioning of legislative and executive authority between a central governing body and regional governing entities, thereby enabling each government to operate autonomously within its respective domain. The perpetual discourse and deliberation surrounding the notion of federalism persistently captivate the intellectual community and statespersons both globally and within the context of India. Following its attainment of independence, the Republic of India, in its wisdom, embraced the doctrine of federalism as a strategic mechanism to foster cohesion and solidarity within the nation-state. In light of the constitutional and non-constitutional evolutions within the realm of Indian politics, it is evident that the essence of federalism is undergoing a transformative process within the nation. The concept of federalism is currently confronted with a multitude of challenges that manifest themselves both at the structural and functional dimensions. It becomes imperative to delve deeper into the dynamics of centre-state relations, as potential significant transformations may ensue. The author, through this paper, would inquire into the working of the federal structure with special reference to working of third tier government at rural level.832 views -
Artificial Intelligence and IPR over its Artistic Creations
Student at West Bengal National University of Juridical Sciences (WBNUJS), Kolkata, IndiaPages 1207 - 1218The question of whether AI should be treated as a legal person and hold intellectual property rights (IPR) over its artistic creations is a complex and controversial issue. The rise of AI-generated art has led to a debate over who should own the rights to these works. While some argue that AI-generated works should be attributed to the creator of the AI, others believe that the AI itself should be recognized as the creator and hold IPR over its creations. According to some, generative AI has an intellectual property problem, and granting legal personhood to AI could help address this issue by allowing AI to hold IPR over its creations. The current legal framework is not equipped to handle the unique challenges posed by AI-generated works. According to some, it is argued that granting legal personhood to AI could have unintended consequences and lead to ethical dilemmas, and ownership of AI-generated works should be attributed to the user of the AI or the creator of the software used to generate the work. Granting legal personhood to AI could lead to a loss of accountability and responsibility for actions taken by machines. It is argued that granting legal personhood to AI could lead to a shift in power dynamics between humans and machines. While some argue that granting legal personhood to AI could help address the challenges posed by AI-generated works, others believe that such an approach could lead to unintended consequences and ethical dilemmas. As we continue to explore this topic, it is important to consider all perspectives and ensure that any legal framework developed is fair and equitable for all parties involved.606 views -
Digital Predation Claiming Silent Victims
Advocate at Madras High Court, IndiaPages 1219 - 1225With our growing dependency on technology and digitalization of every day activities, the incidences of cyber offences has been on the rise. As technological developments are made, sociopaths find newer ways to exploit them for personal gain. While financial exploitations are on the rise and are openly spoken about, the subtler yet graver offence of sexual exploitation of women and children over the internet is creeping higher on the graphs as well. Owing to fear of judgment by the society and consequential victim shaming, the victims often keep it on the down low when they get trapped in this vicious cycle causing more courage to the offenders that they can walk free without any accountability. The anonymity and privacy provided by social media fake accounts and dependency on VPN services and DarkWeb encourage these offenders to boldly engage in offences that they would never dare to commit in person as their identity would be easily given away. Information Technology Act, 2000, Indian Penal Code, 1860 and Protection of Children from Sexual Offences Act, 2012 have been long established to recognize and penalize cyber offences. But people lack general awareness about how offenders target their victims and how to respond to them. Government has been taking steps to curb the growth of the offences by bringing out national policy and web portals for reporting such offences efficiently and speedily. Yet there are lacunas in the implementation and enforcement of existing laws causing people to lose faith in the judiciary and enforcement agencies. Overall the paper focuses on why cyber crimes are rampant and what role society can play in curbing its growth and pave way for a safer and secure online world for both women and children.671 views -
Through the Lens of Neutrality: A thoughtful Inquiry into LGBTQ+ Narratives Worldwide
Student at Adv. Balasaheb Apte College of Law, University of Mumbai, Maharashtra, IndiaPages 1226 - 1245This article undertakes a comprehensive study of LGBTQ+ history, spanning ancient to modern times, exploring backgrounds, struggles, and persecution. Addressing self-identity conundrums, it emphasizes historical instances of homosexual behavior in diverse cultures, noting the stark distinction in approaches during imperial and ancient eras. In the imperial era, the highest punishment for homosexuality was the 'death penalty,' whereas in ancient times, such acts were less severely punished, and societal openness prevailed. These developments ignited the LGBTQ+ community's struggle for societal acceptance. Globally, as the LGBTQ+ movement gained momentum, India also joined the discourse. The article delves into pivotal moments in India's socio-political history, highlighting the Supreme Court's role in judicial activism. Landmark judgments, from Naz Foundation to Navtej Singh Johar, paved the way for progress. The recent Same-Sex verdict reignited discussions, placing the ongoing LGBTQ+ rights debate in the media spotlight. Despite recent diversions within the LGBTQ+ movement, where some individuals have their focus shifted to unrelated issues, the core movement should remain resilient and unaffected by such elements.803 views -
Collective Bargaining: A Tool for Securing Labours Rights in the Tea Plantation Industry in India
Research Associate at (VITSOL) Vellore Institute of Technology, Chennai, Tamil Nadu, IndiaPages 1246 - 1257The practice of collective bargaining is vital for Industrial Democracy in India. The 2nd National Labour Commission has suggested that Collective Bargaining ought to happen at the enterprise level. Article 19(1)(c) of the Indian Constitution protects the interest of the Association and Union. This process has been accepted as an essential part of industrial relations in the majority of industrialized nations. However, in this era of globalization and privatization, the employer can hire or fire. They hold more bargaining power than the trade union and are always in a position to dominate the workmen. Collective Bargaining in Tea gardens decides the daily wages and kind benefits as workers’ basic living needs were satisfied through Tripartite meetings where the representations were made by workers, employers and the Government side. Despite frequent demand for minimum wages by Tea Garden labours, it has not been fulfilled as a result wages and other benefits to Tea Garden labours were decided by the Tripartite meeting. The Trade Union’s representation must be strong and bias-free to make this bargaining process successful. The relationship between management and labours is important for Industrial peace and for the smooth functioning of the Tea Garden without any lockouts and strikes. But the politicization of Trade unions has further deteriorated the situation leading to the possibility of frequent shutting down of Tea Gardens. According to the Employers Federation of India, Survey (1963) Industry-wise bargaining happens in the Plantation and Textile Industries. The paper shall delve into issues of collective bargaining in Tea Gardens and challenges before the Trade Union in making a successful demand before management. Further, the paper looks into the measures adopted by the government to mitigate the issues of Tea Garden labours and the legal machinery adopted in India to combat the same.947 views -
Compulsory Licensing in Pharmaceutical: Comparative Analysis with special reference to Brazil and Europe
Student at CHRIST (Deemed to be university) Bengaluru, IndiaPages 1258 - 1269This research delves into the aspect of Compulsory Licensing in pharmaceutical industry by examining its implications on manufacture of generic drugs and access to affordable health care in India. Compulsory Licensing, a concept provided in Section 84 of Indian patent Act 1970, gives the procedure for application and criteria grant of compulsory License. The research begins by delving into the historical evolution and legal framework surrounding compulsory licensing, highlighting its underlying principles and the rationale behind its implementation. It traces the origins of compulsory licensing from international agreements and treaties, such as the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which have shaped the global discourse on intellectual property rights in the pharmaceutical domain. Through in-depth analysis, this study provides a comparative analysis of the Compulsory Licensing regimes in Brazil, Europe, and India. This analysis investigates the legal and procedural mechanisms including notable case studies, to understand the context in which compulsory licenses are issued and their impact on the pharmaceutical industry and healthcare affordability. It examines the grounds for granting Compulsory Licenses, the Compulsory Licensing process, the royalties that Compulsory Licensing holders are required to pay, and the promotion of cooperation between pharmaceutical companies and generic manufacturers. This research looks into some areas where India could improve its Compulsory Licensing regime, such as clear interpretation of the grounds on which Compulsory Licensing is to be granted and public health emergencies and making a fixed time period within which Compulsory Licensing is to be granted by Patent Authority. This study concludes by analysing what are the key factors that contribute to successful or unsuccessful outcomes in terms of increased access to medicines and what can be learned from instances of successful and unsuccessful compulsory licensing cases in India and how such problem can be fixed.819 views -
Critical Study of Prevalent Predicament at Workplace in Context with Transgender Workers
Student at Fore School of Management, IndiaPages 1270 - 1341The paper highlights the constitutional commitment to gender equality in India and the prevalence of workplace harassment despite legislative measures. It discusses the enactment of the Prevention of Workplace Sexual Harassment Act in 2013 and its limitations, emphasizing the lack of clear implementation guidelines. The #MeToo movement's impact on exposing harassment across genders is acknowledged, shedding light on the discrimination faced by the LGBT and minority communities. The National Legal Services Authority vs. Union of India case is referenced for recognizing transgender individuals as the "third gender," signalling progress but revealing ongoing discrimination in education and employment. The paper calls attention to the future course of action needed to address the pervasive prejudice and ill-treatment faced by transgender individuals in India. Specifically, the paper underscores the inadequacy of existing laws, such as the POSH Act, in protecting transgender individuals from workplace harassment due to the statute's gender-specific language. It advocates for the creation of an umbrella provision to safeguard transgender rights, citing constitutional articles as a foundation for such protection. The need for legislative amendments and inclusive policies to foster workplace equality and empower transgender individuals is emphasized, urging a comprehensive approach to address the diverse spectrum of gender identities and promote inclusivity, diversity, and equal opportunities.584 views -
Navigating Sustainable Diets: An Exploration of Choices and Consequences
Research Intern at CARML and Student at the Jindal Global Law School, O. P. Jindal Global University, Sonipat, IndiaPages 1342 - 1346The present article investigates the idea of sustainable food consumption, urging for a decrease in meat and dairy consumption to address worldwide environmental issues. It also examines the complexities of veganism, highlighting the necessity for well-informed decisions when facing challenges like nutritional deficiencies and misleading marketing. The article suggests a more balanced approach by promoting a shift toward a balanced lacto-vegetarian diet, thus advocating for health, sustainability, and environmental responsibility. It underscores the significance of individual learning and careful consideration in shaping dietary choices, contributing to the broader dialogue on cultivating an aware and resilient global consumption culture.900 views -
Eligibility of ITC on CSR Expenses: Recent Developments and Challenges
Assistant Professor at Tamil Nadu National Law University, Tiruchirappalli, IndiaPages 1347 - 1354In an initiative to fulfill the obligations to the society, Companies are mandated to carry out Corporate Social Responsibility activities under the Company Act, 2013. CSR enables firms of all sizes to implement beneficial transformations. A significant portion of the costs associated with CSR projects are subject to GST. There has been a persistent dispute about the eligibility of ITC for costs incurred by companies to fulfil their CSR commitments. The discussion over the tax deductibility of costs related to CSR has been ongoing since before the implementation of the GST, and it persists under the current GST system. The Finance Act, 2023 has put an end to the controversy on eligibility of ITC over CSR expenditure. By introducing Section 17(5)(fa) to the CGST Act, it completely blocked the availment of credit prospectively. In this premise, the author evaluates the challenges with regard to ITC on CSR expenses, consequent to the amendment prospectively. Since it is prospective, what happens to the past?889 views -
Forensic Science of Ballistic Weapons
Assistant Professor at B.S. Anangpuria Institute of Law, Alampur, Faridabad, Haryana, IndiaPages 1355 - 1364Forensic science plays a critical role in the investigation and analysis of ballistic weapons, encompassing firearms, ammunition, and related evidence. This abstract explores the important components of forensic ballistic analysis, including firearm identification, trajectory analysis, and gunshot residue examination. The examination of ballistic evidence involves a combination of laboratory techniques, including microscopy, chemical analysis, and computational simulations. By applying principles of physics, materials science, and forensic chemistry, forensic experts can reconstruct shooting incidents, determine the type of weapon used, and establish connections between firearms and crime scenes. This abstract highlights the significance of forensic ballistic analysis in criminal investigations, its role in courtroom proceedings, and ongoing advancements in forensic technology and methodology.1,143 views -
Proliferation of Merger Control Laws
Assistant Professor at Mangalayatan University, Jabalpur, IndiaPages 1365 - 1378The economic liberalization and technological change of the last 10 to 15 years have profoundly altered the global economy. With economic liberalization, nations have come to recognize the importance of competition “as a tool for spurring innovation, economic growth, and the economic well-being of countries around the world” and the importance of antitrust laws to safeguard competition in market economies. To sustain the needs of an expanding global market, companies must expand globally as well. Companies wanting to maximize the potential of an international market must take advantage of transnational synergies by merging with other companies in other areas of the world. The merger game hasn't changed, only the playing field has gotten larger. The article explains the concept of merger control and chalks out the benefits of merger regulations. At the same time it also explains the effects of proliferating merger control laws on the companies going under the merger process and troubles faced by them. In the end the probable solutions to the problem of proliferation are discussed.455 views -
The Significance of Narco Analysis Test in Criminal Investigations: Evaluating its Acceptance and Importance
Student at Symbiosis Law School, Pune, IndiaPages 1379 - 1388The findings of a narco-analysis test can play a pivotal role as evidence in a criminal investigation. Nevertheless, the Indian Evidence Act of 1872 does not make any reference to the utilisation of this scientific method in the Narco-Analysis Test. There has been a significant debate in India regarding the use of narco-analysis tests for interrogation purposes. In the realm of legal research papers, it is understood that judges are not necessarily well-versed in every field, particularly those that demand specialized knowledge. In accordance with Indian law, witnesses are allowed to present facts without offering their own interpretations, while experts are given the opportunity to provide their expert opinions. Within the framework of this examination in India, the central issue at hand pertains to the potential violation of Article 20(3) of the Indian Constitution by Narcoanalysis, which explicitly forbids self-incrimination. Additionally, are the assertions made in line with the test mentioned in question in line with the provisions of section 25 and 26 of the Indian Evidence Act? This paper will discuss the author's investigation into these issues and possible remedies for facilitating the implementation of Narcoanalysis.685 views -
Impact of Technology on Sleep quality
Student at Government Law College, Mumbai, IndiaPages 1389 - 1394The increased incorporation of technology into our day to day lives has raised new worries and concerns about its influence on sleep quality. This abstract presents a synthesis of research findings on the relationship between technology and sleep quality, The study includes analysis of actual research on how the different types of technology like television, laptops and smartphones affect sleep habits of people. The study also explores the psychological factors such as the altered circadian cycles, elevated alertness, and cognitive stimulation that underlie these benefits. Moreover, the abstract also examines the individual characteristics and differences such as age and coping mechanisms that affect the connection between technology usage and sleep quality. The study emphasizes the significance of addressing technology related sleep problems and also aims to provide direction for future treatments and therapies aimed at fostering healthy sleep habits in the digital era.643 views -
Introduction to the Concept of Law on Damages
Student at SVKM Narsee Monjee Institute of Management Studies, IndiaPages 1395 - 1407A breach of contract is a possibility whenever two parties engage in the act of entering into or signing a contract. The parties who have been the victims of an unlawful act of breach shall be allowed the aforementioned remedies in order to provide them with justice and to protect the interests or goals of the contractual parties or parties entering into the contract. This is done to preserve the interests of the contractual parties in the contract. In the event that a contract is broken or violated, one of the conceivable remedies is the payment of damages. The purpose of establishing a systematised or structural law of injury granted for violation of contract is to preserve the community's integrity and stimulate its growth. This study will demonstrate the notion of damages, their nature, and their function according to Indian law. Hadley v. Baxendale is the case that established the standard rule for determining the amount of consequential damages that should be awarded for breach of contract. This article's objective is to provide an analysis of the words "Damages" and "Penalty" as they appear in Sections 73 and 74 of the Indian Contract Act of 1872.748 views -
Online Privacy and Cyber Security: Challenges and Its Regulations
Student at UILS, Chandigarh University, IndiaPages 1408 - 1425This research paper examines key challenges to online privacy and Cyber Security in India. It analyzes the lack of meaningful consent obtained for widespread data collection practices. Personal data is often collected beyond the original consent and shared with third parties without user awareness. The paper also discusses frequent high profile data breaches exposing sensitive personal information. Government surveillance programs and the legal framework authorizing them are evaluated. Concerns over broad surveillance scope and lack of transparency are noted. Challenges from cybercrimes like phishing, ransomware, and malware are outlined. These attacks exploit human and technical vulnerabilities for financial gains. Existing regulations from the Information Technology Act, Reserve Bank of India, and other sectoral laws are summarized. Gaps in legal protections for privacy, Cyber Security and oversight are identified. Reform suggestions emphasize the need for comprehensive data protection and Cyber Security laws. International cooperation and public awareness campaigns are also warranted. In conclusion, the research evaluates India's progress in cyber policy but stresses the importance of effective implementation and resources. Stronger legal and regulatory frameworks are necessary to establish principles of privacy, security and oversight keeping pace in the digital age.1,087 views -
Civil Liability for the Error of the Robotic Doctor: A Comparative Study
Lawyer at the Wasit Court of Appeal, IraqPages 1426 - 1439The countries of the world have recently witnessed widespread progress in the field of artificial intelligence, as it has begun to enter all areas of our daily lives, especially in the medical field, which has made specialists expect that in the near future, artificial intelligence will be indispensable. The study in this research focused on dealing with the concept of automated doctor intelligence, as well as its legal nature. Then, through this research, we also addressed the legal liability for damages in the application of artificial intelligence, in which we dealt with contractual liability, tort liability, as well as substantive liability. The fact that civil liability for damages arising from the use of artificial intelligence in the profession of robotic doctors is one of the most important emerging topics, as this use aims to employ modern technologies to serve humanity. The study reached many results, the most important of which is the recognition of the legal personality of artificial intelligence in "determining the person responsible for the damage." which may be caused by the artificial intelligence," recognition of the rights of the artificial intelligence "protects it from the mistreatment of others, and the obligations arising from its actions protect others from it.798 views -
Right to Privacy in India
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 1440 - 1452This article extensively covers the origin of the right to privacy as a fundamental right. It discusses the current legal developments that have made the right to privacy a fundamental right. The article discusses the various international treaties that recognise privacy as a basic human right. It sheds light on how privacy was dealt with before it was guaranteed the status of fundamental rights. The article further deals with the judicial pronouncements of the Indian courts that have recognised privacy as a fundamental right. It discusses the right to be forgotten as a facet of privacy rights.Therefore i chose this topic as it highlights the importance of right to privacy in our country.638 views -
Early Childhood Education, National Education Policy: Socio-Economic Aspect
Assistant Professor at Haveli Institute of Legal Studies and Research, IndiaPages 1453 - 1458Values are the base of every society. Every childhood goes through value education, these children are more inclined towards decision making, leadership skills, concentration, self motivation and following their roots. According to sociologist human development is majorly based on their childhood. The crucial years of progress are early five years and the language, behavior, observation are the part of their core memory which latter becomes their habit. Let’s understand this subject with the merits and demerits of habits learned in early childhood education. The base of education should not be on pressurizing them to learn and understand one particular language for example English but according to ancient history home learning included basic shlokas and phatshalas taught vedas which started with rudra. All these aspect developed human beings and implemented value based knowledge. But in today’s era will it be equally helpful as compared to vedic history. Should there be any aspect of protecting such skillful learning? Though it is a major part of Hinduism but we need to understand the differences that before it is been recognized as a religion it is a way of life that is shaping individuals to think in a right manner to grow ones self, ability to focus and a habit to cultivate righteous behavior. This article is based on Analytical Research Methods and it totally based on the learning of research scholars regarding and analysis the need to change the educational system.741 views -
Insider Trading beyond Borders: A Critical Analysis of the Extraterritorial Application of Indian Insider Trading Legal Framework
Research Scholar at The NorthCap University (NCU), Gurugram, IndiaPages 1459 - 1469The phenomenon of insider trading transcends national borders, presenting complex challenges for regulatory frameworks worldwide. This article critically analyzes the extraterritorial application of Indian insider trading laws, focusing on the absence of specific provisions addressing individuals involved in such activities from outside India's jurisdiction. Beginning with an overview of Indian insider trading laws, the article delves into the intricacies of the legal framework, highlighting key legislative provisions and regulatory bodies. It underscores the significance of these laws within the global financial context, emphasizing their role in maintaining market integrity and investor confidence. Central to the discussion is the examination of the extraterritorial reach of Indian insider trading laws. Despite robust regulations domestically, the absence of explicit provisions for individuals operating beyond India's boundaries poses significant challenges. The analysis explores the limitations of Indian laws in regulating offshore activities and the complexities involved in enforcing them across international borders. A comparative analysis with other jurisdictions, such as the US and EU, sheds light on the disparities in approaches to extraterritorial enforcement. While some countries have adopted expansive frameworks to address cross-border insider trading, India's regulatory landscape appears less equipped to handle such scenarios effectively. The examination of similarities, differences, and potential avenues for international cooperation offers valuable insights into the global regulatory landscape. Furthermore, the article evaluates the impact of the extraterritorial application of Indian insider trading laws on global financial markets. It discusses the implications for investor behaviour, market stability, and foreign investment, emphasizing the need for a comprehensive regulatory framework to address cross-border misconduct effectively. Assessing the effectiveness and adequacy of the current legal framework, the article proposes recommendations for potential reforms or amendments. It identifies areas for enhancing the extraterritorial application of Indian insider trading laws, emphasizing the importance of international collaboration and harmonization of regulatory standards.1,015 views -
Intellectual Property: Bridging Gaps, Fostering Innovation, and Empowering Communities
Student at Symbiosis Law School, Pune, IndiaPages 1470 - 1476Intellectual property (IP) plays a crucial role in the present information-driven economy. IP Laws stands at a pedestrian, promoting creativity, innovation, and economic prosperity. Nonetheless, IP rights are often scrutinized for their accessibility and diversity-harming consequences. The fundamental goal of intellectual property laws is to encourage artists, innovators, and inventors to make their goods better and share them with society so that everyone may profit. By granting monetary rights to intellectual creations, these statutes aim to encourage a spirit of innovation and the free flow of knowledge. Intellectual Property Rights (IPRs) mainly aim to solve several development-related concerns. Examples of such issues include promoting sustainable development efforts, expanding educational opportunities, lowering poverty rates, and boosting economic growth. Ensuring that underprivileged communities have access to healthcare and medications is also important. This research aims to learn if and how intellectual property laws might help reduce global inequality, empower underrepresented groups, and encourage innovation.800 views -
Unveiling India’s Dowry Death Law: Misuse, Interpretation, and Legal Insights
Student at Jamia Millia Islamia, New Delhi, IndiaPages 1477 - 1481This article delves into India's dowry death laws, focusing on the Dowry Prohibition Act, 1961, and Section 304-B of the Indian Penal Code, 1860. Despite legal measures to combat dowry-related offenses, instances of misuse and malicious prosecution persist. The essential elements of dowry death cases, such as the vague interpretation of "soon before her death," contribute to varied understandings and potential abuse of the laws. The article highlights cases where individuals, predominantly husbands, faced false accusations leading to grave injustice. While the judiciary intervenes to quash baseless charges, the continuation of other charges emphasizes the need for nuanced legal definitions and a balanced approach to prevent wrongful victimization in dowry death cases.1,002 views -
A Comprehensive Inquiry into the Tenets of the Responsibility to Protect (R2P): A Thorough Scrutiny of its Application within the Context of the Russo-Ukrainian Conflict
Student at Dr. B.R Ambedkar Law College, IndiaPages 1482 - 1489This article delves into the concept of Responsibility to Protect (R2P) as a transformative international norm designed to address mass atrocities within states, encompassing genocide, crimes against humanity, war crimes, and ethnic cleansing. Originating from the International Commission on Intervention and State Sovereignty (ICISS) in response to global inaction during the Rwandan genocide and atrocities in the Former Yugoslavia, R2P represents a paradigm shift in redefining sovereignty. The tripartite structure of R2P, focusing on prevention, reaction, and rebuilding, surpasses traditional humanitarian intervention, respecting state sovereignty. The article then examines the application of R2P in the Russo-Ukrainian scenario, where Russia's incursion into Ukraine challenges the norm. Despite the Security Council's limitations, the General Assembly's resolution condemning Russia highlights indirect acknowledgment of R2P principles. The article assesses R2P's role in the context of other international norms and contends with its imperfections, especially when faced with powerful actors. Legal justifications for intervention are explored, drawing from natural law theories and realist constructivism, while considering the challenges posed by Security Council dynamics, as evident in the Ukrainian crisis. The analysis extends to the prudential criteria for military intervention, emphasizing the balance of consequences and the universal applicability of these criteria. The conclusion acknowledges the ongoing development of the R2P paradigm, emphasizing the need for unwavering advocacy and support from policymakers. It underscores the judicious balance required between legal justifications and prudential sensibility in evaluating military force deployment. Despite challenges, the article affirms the continued relevance of R2P through various coercive measures, including military support, and highlights the norm's success in fostering global consensus and normative acceptance in addressing mass atrocities.842 views -
Navigating the Changing Terrain of Evidential Aspects in Adjudication: A Critical Analysis
Student at CHRIST (Deemed to be University), Bangalore, IndiaPages 1490 - 1501The evolution of legislation concerning “evidential aspects” in adjudication has been marked by a dynamic trajectory, from the exclusive focus on evidence in "The Indian Evidence Act, 1872" to the nuanced inclusion in contemporary statutes like the POCSO Act. This paper explores the transformative landscape shaped by new laws and schemes enacted by the parliament, encompassing diverse forms of evidence, including the Data Protection Act and a meticulously crafted Witness protection scheme by the Central Government in 2018. In addition to that we are conducting a critical analysis comparing the inquisitorial and adversarial systems in the United States and India respectively. While recognizing the advancements made, the paper also explores challenges, including the intricate matter of determining age under the POCSO Act and the reluctance to fully embrace technology in a continuously changing environment. This paper examines the intricacies of the current legislation and its profound implications on the domain of “evidential aspects” during adjudication in general and the effectiveness of its implementation in particular. However, it has not been without setbacks, such as the threatening issue of “age determination” of minors under the POCSO Act. We also believe that we have all the necessary pieces of legislation to tackle any issue that can be a hindrance to evidential aspects during adjudication. This paper was developed through doctrinal research, utilizing primary and secondary sources like statutes, cases, articles, journals, and books. This paper recommends the need for the government to provide adequate resources to make the facilitation of security of all the evidential aspects in the court of law more conducive, and we also call for the funding and training of IOs to be under the purview of the NCPCR. This alignment aims to ensure that the NCPCR fulfils its primary purpose and objectives effectively. Finally, in advocating for comprehensive reform, this paper underscores the imperative of facilitating access to justice.645 views -
Issues & Drawbacks of the Existing Insolvency and Bankruptcy Code, 2016
Student at Assam Rajiv Gandhi University of Cooperative Management, Assam, IndiaPages 1502 - 1514This paper seeks to examine several drawbacks of the Insolvency and Bankruptcy Code 2016 in India. The identified issues include delayed resolution, a low default threshold for initiating insolvency proceedings, a creditor-centric approach, inadequate involvement of operational creditors, strict time limits for resolution, unclear qualifications for Insolvency Resolution Professionals (IRPs), insufficient infrastructure for handling insolvency cases, and concerns regarding the Insolvency and Bankruptcy Fund etc. This paper is also represents overview of the Insolvency and Bankruptcy Code (IBC) of 2016, and its dynamic framework that revolutionized the country's insolvency and bankruptcy landscape. The primary objective of the IBC is to consolidate and streamline the various laws and regulations dealing with insolvency and bankruptcy, providing a unified platform to address financial distress, both for individuals and corporations. This paper is also highlights insolvency and bankruptcy provisions of developed countries like USA, Australia which will be need for the adoption in insolvency and bankruptcy code of India, such provision as out-of-court workouts, cross-border insolvency cooperation, and debtor-in-possession financing, to enhance its insolvency resolution system and address these issues effectively.714 views -
Role of Insolvency Professionals and Ethical Practices in Insolvency and Bankruptcy Code
LL.M. student at Assam Rajiv Gandhi University of Cooperative Management, Assam, IndiaPages 1515 - 1525The abstract of professional and ethical practices in the context of the Insolvency and Bankruptcy Code (IBC) revolves around maintaining integrity, transparency, and fairness in the insolvency resolution process. The Practitioners in the IBC ecosystem, such as insolvency professionals and resolution applicants, are expected to adhere to high professional standards, ensuring competency and due diligence in their roles. The ethical practices require identifying and managing conflicts of interest to maintain the independence and impartiality of professionals involved in the process. There must be an open and transparent communication and disclosure of relevant information to all stakeholders, including creditors and the National Company Law Tribunal (NCLT), are essential to ensure fairness. All the creditors and stakeholders should be treated equitably, and the resolution process should prioritize the maximization of value for all creditors, not favoring one group over another. The ethical behavior includes preventing and reporting fraudulent activities during the insolvency proceedings. The adherence of legal and regulatory framework is imperative for all participants in the IBC process. The Professionals should be accountable for their actions and decisions throughout the insolvency resolution journey. In summary, professional and ethical practices in the IBC emphasize integrity, transparency, and a commitment to upholding the interests of all stakeholders while complying with legal and regulatory requirements.1,054 views -
Algorithmic Bias and Human Rights: Exploring the Intersection and Implications
Student at Christ (Deemed to be University), IndiaPages 1526 - 1541Algorithmic decision-making systems have become increasingly pervasive in various facets of society, ranging from hiring processes and financial services to criminal justice systems and healthcare. However, the widespread adoption of algorithms raises concerns about potential biases embedded within these systems and their impact on human rights. This research paper examines the intersection between algorithmic bias and human rights, highlighting the implications for fairness, equality, and justice in our increasingly digitized world. Drawing on interdisciplinary literature and case studies, the paper explores the underlying causes of algorithmic bias, its manifestations across different domains, and the ethical and legal frameworks necessary to address these challenges. By analyzing the complex dynamics between technology, society, and human rights, this paper aims to contribute to a deeper understanding of the critical issues at stake and propose strategies for mitigating algorithmic bias to safeguard fundamental human rights.907 views -
Crime against Children in India
LL.M. student at Amity Institute of Advanced Legal Studies, Amity University, Noida, India.Pages 1542 - 1544Children are seen as the royal destiny of the nation state, a destiny that no country can achieve depending on how its children grow and progress. In the current situation, protecting children from abuse and exploitation has become an important public goal. There are many examples of child abuse through child marriage, starvation, revenge, child beating, child abuse, viewing child pornography and child labor, all of which are a result of our society's indifference to protecting our future generation. Let's talk about this. Child protection is seen as an important responsibility of the administration, with all citizens paying attention to the challenges and difficulties faced by children. In this article, we clarify various cases of child abuse in India, local laws and solutions regarding child rights. Here we will look at various organizations, goals, policies, solutions and laws related to children's rights, as well as the problems faced by children and ways to solve them. Finally, we will do our best to lay the best possible foundation, including the plans and ideas made by the Committee. In conclusion, we will review and present some changes in the current legal system to include more provisions that should be implemented to protect children's rights.687 views -
The Impact of Artificial Intelligence on Justice Systems
Advocate at High Court Chhattisgarh, IndiaPages 1545 - 1555Nowadays, the emerging of Artificial Intelligence technology has become very relevant for many parts of our lives. Thus, Artificial Intelligence is changing many aspects of our living conditions, including the way in which we work. In this regard, there are predictions that many aspects of human activities will be replaced or supported by newer technologies. Moreover, the creation of advanced machinery is changing the practice of law and the way in which judges make decisions in a judicial process. The aim of this paper is to analyze the impact of AI on justice systems and the problems concern the use of Artificial Intelligence in Court, especially in the criminal justice system.660 views -
Public – Private Partnership of the Port Infrastructure in India
Assistant Professor at National Law University Odisha, Cuttack, IndiaPages 1556 - 1566Most of the international trades is seaborne. There is a need for the Indian Maritime Sector to transform into world class sector. Ports act as an economic catalyst and support small economies within the global economic system. There is a high correlation exist between the Indian economic growth and the Port sector. Ports are regarded as a critical part of infrastructure for any country. A well - developed port infrastructure allows a country to trade internationally as well as act as a transit point for international transport and trade to earn increased revenue. India has 12 major and about 200 minor and intermediate ports including 69 operational non-major ports, spread along the 7517 km coastline. India is situated in an extensive coastal region but the infrastructure facility in the coastal areas is still not developed. As a comparison between Singapore and the USA, Singapore contributes 5% of its GDP through the operation of port infrastructure while in United States of America substantial amount of revenue is generated from port sector which strengthens the economic growth of the country including job creation. This paper will highlight the Public Private Partnership model in Port Infrastructure in India. Much research has been done on privatisation of ports but still the port sector in India is not developed as compared with other countries. The paper will focus on the models adapted by the Government to develop port sector through Public Private Partnership mode, how tariff is determined in the port sector and the role of regulatory authorities in developing the port sector through privatisation with case studies. The delays in privatisation of port sectors is due to regulatory clearances and lenders inefficiency. Usually, privatisation of the port sector is done through various types of contractual arrangement. Contractual arrangements such as Built Operate and Transfer (BOT), Build own and Operate (BOO), Built Operate Own and Transfer (BOOT), Built Operate Lease and Transfer (BOLT) indicates the nature of privatisation. These agreements are certain parts of Major concession agreements in the Port Sector. As per the guidelines of the Central Government, private participation can only be allowed for development, operation and maintenance for major ports. The Indian Infrastructure Report, 1996 suggested that the failure to generate revenue from the Indian Port sector is low productivity like breakdown of equipment, handling facilities, maintenance, night navigation etc. which are to be taken into consideration. This paper will highlight those specific areas where the government should focus on developing the Indian maritime infrastructure to generate more revenue.936 views -
Constitutional Aspects and Challenges for Implementing One Nation One Election
Assistant Professor at Sardar Patel Subharti Institute of Law ,SV Subharti University Meerut, IndiaPages 1567 - 1571The principal advantage of 'One Nation, One Election' is in the decrease in election expenses, as holding separate elections calls for substantial financial outlays. Additionally, it would lessen the workload for the security and administrative personnel, who would not have to do election-related tasks repeatedly. The Law Commission claims that as it will be easier for voters to cast multiple ballots at once, simultaneous elections will boost voter turnout. Additionally, the administration can concentrate more on governance rather than elections, which frequently impede the implementation of policies. However, in a nation like India, implementing one nation, one election would be a challenging task because it would seriously jeopardize not just the Constitution as a whole but also a number of political and constitutional concepts like democracy and federalism. The premise of "One nation, One election" is frequently criticised for raising fears that national parties and their leaders will eclipse regional parties and their leaders. The primary obstacle to implementing one nation, one election in India is the necessary Constitutional amendment. According to the Law Commission's recommendations, implementing one nation, one election in India will require a minimum of five constitutional amendments. The authors of this chapter not only aimed to draw attention to the significant constitutional obstacles that stand in the way of India's one nation, one election policy, but also to the different political and social issues that could pose an obstacle to the concept.1,809 views -
Critical Analysis of Minors Right to Abortion under Medical Termination of Pregnancy Act, 1971
Student at Manipal University, Jaipur, IndiaPages 1572 - 1581Access to safe abortion is one of the key aspects of the Reproductive rights guaranteed under the Constitution of India. Every woman irrespective of their status is entitled to the safe and legal abortion. However, the necessity for guardian approval in cases involving minors presents a considerable obstacle for minors seeking safe abortions. This paper examines the issue of requirement of guardian consent under the Medical Termination of pregnancies act, 1971 for abortion in the case of minor girls whether married or not. In addition to this, it also explores the complexities surrounding the necessity of guardian consent, its impact on individual’s reproductive rights and body autonomy and the broader implications on women’s healthcare. Furthermore, this paper also explores the international perspective on guardian consent by examining and analyzing United States of America approach towards it. The aim of this paper is to give a thorough knowledge of the worldwide discourse on guardian permission for abortion by contrasting various legal environments and cultural situations. It promotes a rights-based strategy that recognizes that everyone has the universal right to make autonomous decisions about their bodies, regardless of their age or marital status. In conclusion, this paper significantly advances the current discussion on legal requirements and reproductive rights. It advocates for changes that are consistent with international human rights standards and assuring that everyone, including minors and adult people, can exercise their right to a safe and legal abortion.735 views -
Bridging Gaps in Child Protection: An In-Depth Analysis of Stakeholder Awareness and Response to Familial Child Abuse
Student at Sunrise University, Alwar, Rajasthan, IndiaPages 1582 - 1592This research paper discusses the pervasive problem of familial youth abuse in India, offering an insightful examination of stakeholder awareness and action. Stressing an interdisciplinary approach, it discusses parents, law practitioners, law enforcers, child welfare committees, psychologists, and social workers roles against child abuse. Exemplifying on the definitions of abuse defined across the globe, such as that which is provided by WHO, the paper discusses the unique interpretation of an abuse that is centered on the family background. It calls for a consolidated approach of constraining legal action such as the POCSO Act and education and throughout services to shield the children. By emphasizing the significance of an early intervention while promoting a secure setting, the research brings to light collective accountability in protecting child safeguarding. This research tried to unified call to all societal sectors to act, engage and participate in a strategy of child abuse address and mitigate the underlying issues that lead to decreased child development thus making the children to have a safe environment of living, growth and development.762 views -
A Study of Victim Compensation in India with Emphasis on Judicial Activism
Student at Faculty of Law, Jamia Millia Islamia, IndiaPages 1593 - 1605The victim compensation scenario in India reflects a complex landscape shaped by legal frameworks, judicial interventions, and systemic challenges. The legal framework, primarily under the Victim Compensation Scheme (VCS) and related statutes, outlines the principles and mechanisms for compensating victims of crimes. However, the implementation of these provisions faces challenges such as bureaucratic hurdles, delays, and variations in compensation amounts across states. Judicial activism in this context has been instrumental in broadening the interpretation of victim rights and compensation eligibility. Courts have often intervened to ensure a more inclusive approach, addressing the diverse needs of victims beyond mere financial restitution. Noteworthy cases have set precedents, influencing the evolution of compensation laws and prompting a re-evaluation of existing schemes.726 views -
Recommendations for the Shortcomings of Notary Office Establishment
Associate Professor at School of Law, Can Tho University, Vietnam, IndiaPages 1606 - 1632The policy of socializing notarial activities has been strongly affirmed in the 2014 Law on Notarization. Its orientation is that notary bureaus will be converted into notary offices or dissolved if it is not necessary to maintain them. In addition, the preferential and supportive policies of the State in the establishment of notary offices in areas with difficult and extremely difficult socio-economic conditions; Notary bureaus are only newly established in areas where there are no conditions for the development of notary offices. With the policy of socialization and support policies to promote the development of notary offices, the model of subsidized notarization in Vietnam will be narrowed and replaced by the model of free practice notarization in the future. Although the Law opening more chances and brings more benefits for both notary office and clients, it has still faced some challenges. This study will analyze and compare the relevants laws to recommend the solutions.833 views -
Enhancing the Effectiveness of Environmental Protection Law Enforcement in the Current Context
Lecturer at Academy of Politics Region II, VietnamPages 1633 - 1642Environmental issues are becoming increasingly severe, posing a significant threat to human health, socio-economic development, and national security. In this context, effective enforcement of environmental protection laws is imperative. The 2020 Environmental Protection Law introduced several progressive and practical measures aligned with the country's development and international integration. However, law enforcement still faces many limitations and deficiencies, falling short of the required standards. To enhance the effectiveness of environmental protection law enforcement, efforts are needed not only from the political system but also from the entire society. This article proposes several solutions to improve the enforcement of domestic environmental policies.654 views -
Prosecutor’s Discretion in Withdrawing a Criminal Case: Myth or Reality
Associate Professor at Rajiv Gandhi National University of Law, Punjab, IndiaPages 1643 - 1657The criminal justice system bestows on the public prosecutor the power to withdraw a criminal case so that weak cases are weeded out or cases, where continuation of the proceeding results in suffering, is put to an end. Though the mandate of the section is noble, the question regarding the legality, propriety and bonafide for withdrawing a criminal proceeding has been questioned. The controversy is regarding the interference of the executive in the filing of an application, non-application of mind by the Public Prosecutor and mentioning of trivial or vexatious grounds for withdrawal. The Supreme Court through a plethora of judgments has laid down guidelines for the manner in which the power should be exercised and the factors which should weigh in the mind of the Public Prosecutor before filing a withdrawal application. The author of this article shall delve into the question of whether the guidelines laid by Courts have been followed in practice. In order to achieve this objective, the author shall analyze the cases where withdrawal applications were filed. The parameters will be to (i) see the grounds cited by the Public Prosecutor for withdrawal; (ii) probe whether an independent opinion is formed by the Public Prosecutor before filing a withdrawal application; and (iii) scrutinize whether there is any executive interference in filing withdrawal application. The author shall then analyse the data to check whether the principles laid by Courts for filing withdrawal applications are being followed or not.718 views -
Legal Perspective on Mitigating Water Pollution: A Critical Analysis of India’s Constitutional Framework for Environment Safeguards
Student at Thakur Ramnaryan College of Law, IndiaPages 1658 - 1678The Rig Veda underscores the significance of the Panch Tatva, or five elements, which include Prithivi (earth), Vayu (air), Jal (water), Agni (Fire), and Aakash (sky). It emphasizes that the balance and coordination of these elements are fundamental to the functioning of life systems on Earth. Water i.e. Jal, stands as an indispensable element for human existence. Without it, survival becomes impossible. Unfortunately, water pollution remains a pressing issue in India, posing serious threats to both human health and the environment. Water pollution is also critical global challenge, impacting ecosystems, human health, and socioeconomic well-being. This issue has grown significantly in recent years as a result of India's Rapid industrialization and urbanization. Right to Access water is a fundamental human right. A human cannot survive in contaminated water. The only thing that can save your health is clean water. Water pollution is the primary cause of many ailments. This research paper critically examines India's constitutional framework for environmental safeguards, with a focus on its effectiveness in mitigating water pollution. Through evaluating the legal structures, regulations, and judicial interventions, research intends to identify advantages, disadvantages, and potential for improvement within the existing legal framework.948 views -
Required More Stringent Corruption Laws in India
Student at B.S. Anangpuria Institute of Law, Alampur, Faridabad, Haryana, IndiaPages 1679 - 1694Corruption poses a significant threat to the economic, social, and political fabric of any nation, impeding progress and hindering the realization of its full potential. India, as a rapidly growing economy and vibrant democracy, has made strides in combating corruption, yet the need for more stringent anti-corruption laws remains evident. This abstract delves into the imperative of enhancing the legal framework to address corruption in India comprehensively. The current anti-corruption laws in India, embodied in statutes like the Prevention of Corruption Act, 1988, have shown limitations in effectively tackling the evolving nature of corrupt practices. This abstract argues for a multifaceted approach to fortify the legal arsenal against corruption. India has several laws that Govern & helps in prevention of corruption in Indian territory by application of laws/Acts IPC(Indian Penal Code ,1860), Prevention of Corruption Act,1988 etc, But it fails to stops corruption as the punishment is not that much rigorous in nature and Corruption in India is a complex issue influenced by Various Factors, Such as Weak enforcement, Bureaucratic inefficiencies and Societal attitudes. Laws alone may not be sufficient without effective implementation, transparent systems, and a culture that discourages corruption.841 views -
The Effectiveness of Restorative Justice on Juvenile Justice System: An Analysis
LL.M. student at Maharashtra National Law University, Nagpur, IndiaPages 1695 - 1719The traditional juvenile justice system, focused on punishment and deterrence, often falls short in addressing the underlying causes of youth offending and fostering rehabilitation. Restorative justice, emphasizing repairing harm and restoring relationships, presents a potential alternative. This research paper analyzes the effectiveness of restorative justice practices within the juvenile justice system, exploring its impact on recidivism, victim satisfaction, and offender accountability. The paper assesses the various restorative justice interventions employed with juveniles, including victim-offender conferencing, family group conferencing, and peer mediation. The analysis examines the strengths and weaknesses of these approaches, evaluating their effectiveness in reducing recidivism rates compared to traditional punitive measures. Furthermore, the research delves into the impact of restorative justice on victims, investigating whether it enhances their satisfaction, promotes healing, and empowers them to participate in the justice process. By critically analyzing the existing research and addressing the complexities involved, this paper aims to provide a comprehensive understanding of the effectiveness of restorative justice in the juvenile justice system. Ultimately, the goal is to contribute to the ongoing debate about how to best achieve the goals of holding young offenders accountable while promoting their rehabilitation and reintegration into society.1,353 views -
Failing Legal Aid System in India: Possible Solutions
Assistant Professor at School of Law, RV University, IndiaPages 1720 - 1730It is undoubtedly true that access to justice is not available to everyone in our country and remains elusive for many given the socio-economic disparities along with the complexities of the judicial system of India. Legal aid is the tool which serves as a bridge, seeking to ensure a judicial system which is fair and offers equal level of access to everyone. The Constitution of India makes way for a mandate for the nation to provide for legal aid to make certain that there is no denial of access to the judicial system to any of the citizens of the country by means of motive of financial or different disabilities. However, in spite of the laudable framework in place for provision of legal aid in India, the system is failing- diseased by a number of demanding situations which make it a difficult task for such system to fully realize its potential and act as an essential pillar of an equitable and just society. The present paper seeks to shed light on the legal aid system which is feeling and goes into the depths of the reasoning behind such failure. Further, we would be delving deeply into the impact which falls onto the vulnerable groups due to such failure of the legal aid system. This would help the reader analyse alternative solutions by looking at the problems faced by the said vulnerable groups. More importantly, the present paper would seek to present workable solutions to revive the legal aid system of India and ensure that justice is made equally accessible to all.872 views -
Article on Nari Shakti Vandhan Abhiyan 2023
LL.M. student at Amity Institute of Advanced Legal Studies, Amity University, Noida, India.Pages 1731 - 1733The Women's booking bill has for a long time moped in the corridors of India's Parliament. Presently at last, after it has been passed in 2023, there is a need to concentrate on what this bill involves and how powerful will the bill be. As of late, both the places of Parliament have passed Nari Shakti Vandan Adhiniyan, prominently known as the Women Reservation Bill, 2023 by the method of 106th Protected Change. It has been a long movement in the parliament starting around 1996 and has confronted many obstacles to date. The demonstration plans to give a better portrayal of ladies in the Indian Nation thinking about their deficient portrayal in the ongoing political situation.1,017 views -
International Investment Arbitration in Foreign Investment Disputes
Student at School of Legal Studies, CUSAT, IndiaPages 1734 - 1747International investment arbitration has evolved as a very important mechanism for solving disputes between investors and foreign states. As Globalization continues to encourage cross-border investment, the conflict between investors and host states has become increasingly common. A fair and efficient dispute resolution mechanism becomes paramount when the countries continue to attract foreign investment for boosting the nation's economic development. The below article aims to explain Foreign investments, what Foreign Investment Disputes are, what causes such disputes, and how such disputes are resolved. While dealing with the resolution of Foreign Investment Disputes the article helps to understand the different mechanisms that are available for resolution and specifically the role of Investment Arbitration in resolving such disputes. The article also highlights the importance of specialized tribunals in resolving disputes between investors and host states. ICSID is the leading organization with significant experience in this area when it comes to organizations dedicated to the resolution of international investment disputes. The Convention on the Settlement of Investment Disputes between States and Nationals of Other States was established in 1966, and since then it has handled about 900 such cases. In arbitration, disputes are presented to arbitrators or to organizations that do so, who subsequently choose arbitrators in accordance with the parties' agreement. The arbitrators then reach a verdict on the dispute. When the same arbitration is conducted over an international investment issue, it is referred to as an international investment arbitration. By the end of the article, you will understand what foreign investments are, what investment arbitration is, and how investment arbitration helps to settle disputes involving such international investments.939 views -
Prospects and Challenges of Virtual Trial in Nepal
Advocate & Law Graduate from Kathmandu University School of Law, NepalPages 1748 - 1756The caliber of Nepal's communications infrastructure has dramatically improved in recent years. The extension of the e-governance agenda to the judicial system has led directly to the adoption of technology in courtrooms. Over the past five years, the Supreme Court of Nepal has consistently worked to increase the effectiveness and efficiency of the administration of justice by utilizing cutting-edge technology. It just authorized the use of video conferencing technology to record witness testimony for the first time in its rule. This study aimed out to examine the current state of virtual trial in Nepal as well as its potential future directions. In order to achieve this goal, the study concentrated on the most promising application areas in light of the software and technology that are currently used in the Nepalese legal system. There were also some suggestions for incorporating cutting-edge technologies.603 views -
Enchanting Guilt: Mens Rea Revelry in the Corporate Fairy Tale
Student at Jindal Global Law School, IndiaPages 1757 - 1764Corporate criminal liability has become a significant concern globally, as white-collar crimes committed by corporations and their key personnel have far-reaching consequences. This paper explores the complex issue of attributing criminal intent to corporations, a concept known as mens rea. It delves into various jurisprudential models, such as the Organizational and Derivative models, and associated doctrines like the doctrine of Identification, Aggregation Theory, Respondent Superior, Special Vicarious Liability, and the Alternative model of liability. These models differ in their approach to determining a corporation's criminal intent and the individuals within the organization responsible for it. The paper offers a comparative analysis of corporate criminal liability across different legal systems, highlighting the varying interpretations of corporate mens rea, the involvement of senior officers, and the requirement of benefit to the corporation. The French and European systems consider mens rea irrelevant in corporate liability, while systems like the U.S. and Dutch embrace the concept of corporate mens rea. The paper also discusses the shift from vicarious liability to direct liability in English and Canadian law.839 views -
Recent Legal Development in Corporate World (India)
Student at Amity Law School Noida, IndiaPages 1765 - 1773Corporate law is defined as a complex set of laws, rules, regulations, and practices that govern the establishment and operation of a corporation. This branch of law regulates the establishment and operation of legal entities that conduct business. Therefore, all parties involved in funding, acquiring, running, and managing a corporation are subject to the law. It also addresses their rights and duties. Therefore, the critical duties of corporate law include loyalty, duty of care, duty of good faith, and fiduciary duties. The firm is expected to operate fairly, transparently, and efficiently, and these duties are designed to ensure that. Besides, frequent changes in corporate jurisprudence laws may significantly impact a company’s internal management and economic development. Corporate law covers all legal problems that corporations may encounter. Apart from providing a level playing field and protection, corporations benefit from following the regulations. Tax exemptions and ease of funding are some of the benefits they receive. Furthermore, the rules streamline the functioning throughout the company’s life cycle. For example, the law mandates specific requirements, such as annual meetings with shareholders and the board of directors at particular intervals. Most corporations have a corporate law attorney present at these meetings to ensure compliance with the rules. Moreover, these attorneys play a crucial role in helping businesses to operate legally and efficiently. Financial entities feel confident lending loans only if the business is deemed competent and follows the rules. Corporations face issues similar to those of companies. They may be related to employment, contracts, product liability, or intellectual property. Corporate law handles these aspects of corporations as well.697 views -
Climate Change: A Global Issue
Student at Anjuman-I-Islam’s Barrister A.R. Antulay College of Law, IndiaPages 1774 - 1789Climate change poses significant challenges to our planet and future generations, making it a top priority for immediate attention. This essay explores the causes, impacts, and solutions to climate change, stressing the importance of collective action. Starting with an analysis of key drivers like fossil fuel combustion, deforestation, and industrial activities, the essay highlights how these activities release greenhouse gases, leading to global warming. It emphasizes the urgent need to transition to sustainable practices. The essay examines the diverse impacts of climate change on ecosystems, weather patterns, sea levels, and societies, with a focus on vulnerable communities. It underscores the necessity of addressing both mitigation and adaptation strategies to combat these impacts effectively. Mitigation efforts involve reducing greenhouse gas emissions through renewable energy adoption, energy efficiency, and carbon capture technologies. Adaptation measures focus on building resilience in sectors like agriculture, water management, and infrastructure. Additionally, the essay underscores the importance of political will, international cooperation, public awareness, and financial support. It calls for bold policy actions, technological innovation, and community engagement to accelerate progress towards a sustainable future. In conclusion, the essay emphasizes the urgency of addressing climate change and underscores the need for concerted efforts across all levels of society. It advocates for immediate action to mitigate global warming and protect the well-being of current and future generations.725 views -
Role of Predictive Policing in Administration of Justice and Its Implementation in India
Student at Gujarat National Law University, IndiaPages 1790 - 1798Predictive policing involves the usage of analytical and statistical methods and algorithms by machines to identify ‘hotspots’ for crime, where there is usually a repeated trend in crime so as to ensure effective police intervention. Predictive policing tools rely on various data sources, including historical crime data, demographic information, socio-economic data, and even weather conditions. With a shift towards more preventive measures in dealing with crime, rather than reactionary measures, predictive policing becomes more important. This research paper explores the evolving landscape of predictive policing and its implications for the administration of justice, with a specific focus on its implementation in India. Predictive policing, leveraging advanced data analytics and machine learning algorithms, has emerged as a promising tool to enhance law enforcement strategies, optimize resource allocation, and prevent criminal activities. The study begins by providing an overview of predictive policing methodologies and their global applications, emphasizing their potential to augment traditional policing methods. The research is based on a survey of existing articles and documents from countries that have adopted predictive policing, although the material is not exhaustive. The paper will examine the barriers to preventive policing in India and analyse the impact of large-scale adoption of this technology in the country, suited to its unique socio-cultural and legal framework. In addition, the study will delve into the possible ethical dimensions of predictive policing. It examines the compliance of these initiatives with privacy laws, constitutional rights, and ethical standards, addressing potential biases in algorithms and the impact on individual liberties. The research underscores the need for a comprehensive policy framework that guides the responsible use of predictive policing tools in India. It makes recommendations to address legal and ethical considerations, ensuring transparency, fairness, and accountability in the deployment of these technologies.1,076 views -
Role of Civil Liberties Organisations in USA and India
Student at Ballygunge Science College, University of Calcutta, IndiaPages 1799 - 1815India has a long history of civil liberties movements that have played a crucial role in shaping the country’s democracy. The emergence of the concept of civil liberties and the organisations, which are based on promoting and protecting civil liberties have played a vital role in advancement of human rights and social justice in the country. This paper aims to focus only on the civil liberties organisations of USA and India, which have been fighting for protection of civil liberties and democratic rights for a long. This paper also focuses on the recent harsh scenario of the civil and democratic rights in India and role of the civil liberties organizations and other organizations and political parties to restore the civil and democratic rights in the country.735 views -
Regulating Dark Patterns
Student at Alliance School of Law, IndiaPages 1816 - 1825Dark patterns are the manipulative tactics employed by companies to trick users into agreeing certain conditions which can later be used by companies to their advantage, also sometime referred to as deceptive patterns. Dark patterns cover a wide ambit of tactics including manipulative agreements, purposely making difficult to cancel services/subscriptions, sponsored ad campaigns, pop ups, etc. Not just the small companies but multinational tech giants are accused of employing deceptive patterns over its users. Dark patterns are negatively treated and their usage is absolutely discouraged but it is of significant importance to the companies. Laws in India are more consumer centric rather than favouring businesses in ambit of dark patterns. This paper focuses on understanding the areas constituting dark patterns and the latest developments relating to regulation of dark patterns taking reference from the European Union, the United States and the Indian stance on the same. Also in this paper the importance of dark patterns are enshrined and how it becomes an essential part of business transactions. Essential for both users as well as the companies.664 views -
Legal Regulation of Military Missing Persons
Student at Wasit University, College of Physical Education and Physical Sciences, IraqPages 1826 - 1842The research topic on the missing military and it's provisions and the author found through the research that the Iraqi legislator did not distinguish between the military and civilian loss only in terms of a advertising missing money and the provisions of the missing wife is unified as well as the Iraqi legislator dealt with the provisions of the return of the missing after the death sentence and fill the legislative deficit by virtue of later.509 views -
Laws Relating to Maintenance in India: An Analysis
Assistant Professor (SG) at The Tamil Nadu Dr.Ambedkar Law University, Chennai, IndiaPages 1843 - 1852The provisions for maintenance under various laws are intended to fulfil a social purpose. These provisions are contained in various personal as well as secular laws. The personal laws relating to maintenance is different from one religion to other religion. Whereas, the secular laws like, Criminal Procedure Code,1973 and the Protection of Women from Domestic Violence Act 2005 have provided relief to the aggrieved irrespective of religion. The object of all these provisions is to compel a man to perform the moral obligations, which he owes to the society in respect of his wife, children and parents. Hence, this article is an attempt to highlight the laws available to the aggrieved parties to claim maintenance under various circumstances.940 views -
Setting Aside of Arbitral Awards under the Arbitration and Conciliation Act 1996
Student at Jindal Global Law School, IndiaPages 1853 - 1859The arbitration landscape has been emerging greatly throughout the globe and India is a giant which should be well equipped in terms of laws in place. This paper will analyse one such aspect of the Indian arbitration law to understand how the setting aside of arbitral award takes place and how the efficiency of the same can be ascertained after having done a detailed analysis of the same. Some specific areas of this law will also be analysed to delve deeply into the fact as to how government initiatives so that it can be at par with the other laws around the world and the discrepancies do not crop out having similar issues in place like in the past. After the paper has done through analysis of the position of what and how the law stands and the court orders in this regard, a conclusion will be drawn accordingly to understand as to what should be the next step, which can be recommended in this regard. Not only these solutions need to address the problem at hand but also make sure that these loopholes can be covered, and the position of law is not at state of compromise at any given point in time. Having laid down the skeleton of the paper, the author will now get into the main aspects of analysis and conclusion of the topic.1,876 views -
Navigating Legal Challenges: The Supreme Courts’s Role in Shaping Industrial Disputes Laws in India
Student at Unitedworld School of Law, Karnavati University, Gandhinagar, IndiaPages 1860 - 1868This research paper explores the constitutional validity of industrial disputes in India, analyzing the role of Supreme Court in shaping the legal framework. Industrial disputes can be recognized as global issue consisting of closure, lockouts, protests, retrenchment and other forms. The Industrial Dispute Act, 1947 plays a significant role in managing the disputes between employer and employees serving as a dispute resolution mechanism, promoting peace and unity among the employer and employees. Categorizing disputes into rights and interest disputes, the research delves into specific sections under the industrial dispute act that have remain in controversy for their validity in accordance with constitution since ages. For this study, secondary sources such as judicial decisions, journals, research articles, statutes, government sites have been used. The study reveals the important role of Supreme Court in upholding the constitutional validity, particularly in the case of Workmen v. Meenakshi Mills Ltd. and Banglore Transport Company v. M/S Orissa Textile, ensuring a balance between the employers and workers. However, research also reveals the challenges such as lack of uniformity in the interpretation and the need for legislative changes with evolving societal needs.834 views -
Walking a Tightrope: The Interplay of Section 10 and Section 65 of the Insolvency and Bankruptcy Code
Student at KIIT School of Law, IndiaPages 1869 - 1875Section 10 and Section 65 of the Insolvency and Bankruptcy Code (IBC) play crucial roles in the resolution and liquidation processes of distressed companies. Section 10 empowers a financial creditor, operational creditor, or corporate debtor to initiate the corporate insolvency resolution process (CIRP) by filing an application before the National Company Law Tribunal (NCLT). This provision emphasizes the debtor's acknowledgment of default and willingness to undergo resolution. On the other hand, Section 65 delineates the circumstances under which a corporate debtor may be liquidated. It provides for the initiation of the liquidation process when the resolution process fails, or the Committee of Creditors (CoC) decides to liquidate the debtor. The interplay between these sections is evident in cases where attempts at resolution prove unsuccessful, leading to the commencement of the liquidation process under Section 65. The interrelationship between Section 10 and Section 65 highlights the IBC's comprehensive framework for addressing corporate insolvency, offering a dual approach that encourages resolution but also provides a mechanism for orderly liquidation when necessary. Together, these provisions contribute to the IBC's overarching goal of maximizing the value of distressed assets while ensuring a fair and efficient insolvency resolution and liquidation process.852 views -
The Impact of AI and Machine learning in the Legal Profession
Student at Lloyd School of Law, IndiaPages 1876 - 1888Technology is advancing significantly, and the idea of artificial intelligence (AI) has been at the centre of these developments. Machine learning powers the majority of artificial intelligence systems, while some of them also rely on a straightforward set of rules to analyse data. In terms of the methods used to function within the ecosystem, the Indian legal industry has gone a long way. Students and professionals alike must continuously choose courses that will advance their subject-specific and technical skills. A multidimensional approach is essential rather than adhering to a unidimensional one since it aids in broadening one's perspectives. Artificial intelligence has the ability to change how people interact with one another. It modifies how people interact with one another, with the digital world, at work, and with other socioeconomic institutions. Artificial Intelligence comes with extremely great advantages helping legal professionals to take due diligence while doing documentation and research work, for instance, a few years back a student of law and legal professional needed to buy huge volumes of the All-India Reporter, Supreme Court Cases Reporters, etc. for their research work and presently we with the help of AI can get reportable judgments and orders in few clicks. The question is about the implementation of Artificial Intelligence as judges or as attorneys or solicitors at the court of law. The paper will discuss the good as well as some bad impacts of the present and future implementation of Artificial Intelligence in legal education and the legal judicial system, by providing the best possible alternatives and solutions to the problems that come across in the implementation of AI. What are the prevailing applications of AI in the law (i.e., what can machines actually do)? And what, if any, are the limitations of AI in relation to the practice of law (i.e., will computers continue to evolve, develop, learn, and engage in increasingly challenging and nuanced professional legal undertakings)? These are essentially the two questions that come to mind. The paper discusses the answers to these questions with the help of different aspects.711 views -
A Study on Drug Abuse among Juveniles and its Impact in Society
Guest Faculty at Tamil Nadu Dr. Ambedkar Law University, IndiaPages 1889 - 1906The Problem of use and abuse of drugs is not new to our country. Drug abuse is an age old phenomenon traditionally viewed as a form of victimless crime as drug abusers often face stigmatization from the society and the legal structures which in turn impacts their welfare and health. There are certain offences which though punishable under law, do not have any harm on others. Such offence may be termed as victimless crime. Therefore, the stigma, and the discriminations caused by it often lead to violations of human rights of the drug abuser which are rarely questioned. Drugs could actually be a wide variety of substances with a place in everyday life. For Eg. Medicines, poisons, foods and drinks. Drugs are on one hand is taken for clinical purposes and on the other hand for recreation. Thus it is very clear that drugs attain two different status i.e. legal and illegal. Consuming drugs among the youngster, nowadays, became a fashion as we are addicted to western culture and they believe that it shows there standard of living among the peer group. And it is very sad to note that the gender equality enshrined by our Constitution of India can very well be seen in clubs and pubs. In this paper we are going to look about juvenile drug addicts and how far they are protected by the hands of law.763 views -
Significance of International Law in Fostering Stability in an Interconnected World
Student at Amity University, Mumbai, IndiaPages 1907 - 1919International Law defines the legal responsibilities of States in their conduct with each other, and their treatment of individuals within State boundaries. International law is extremely vast and enshrined in conventions, treaties, and standards. In an increasingly interconnected world, the significance of international laws governing various domains cannot be overstated. This comprehensive study is divided into two overarching topics, the first section delves into the complexities of international trade law, a crucial facet of international relations that governs economic interactions between states. Rooted in principles like the favored nation, national treatment, and non-discrimination. International trade law relies on institutions like the World Trade Organization for the administration of rules and agreements. This segment underscores the significance of international law in fostering a stable and predictable system that responds adeptly to the dynamic needs and challenges of our interconnected world. The second section navigates the ever-evolving tapestry of international human rights law. This segment accentuates its growing prominence by providing a comprehensive framework for safeguarding basic rights and freedoms. Encompassing vital principles such as the right to life, freedom of expression, and equality before the law. International human rights laws find enforcement through various mechanisms, including treaty bodies, special rapporteurs, and international courts and tribunals. The objective of the study is to highlight that international law is essential for ensuring a stable and predictable system of rules that can respond to the changing needs and challenges of an interconnected world. This paper seeks to underscore the indispensable role of international law in bridging the gap between state conduct and individual rights and explores the evolution, significance, challenges, and prospects of these legal frameworks, emphasizing the need for international cooperation and coordination to address contemporary issues.866 views -
Gender Dysphoria: A Disguised Victimisation
Advocate at High Court, Madras, IndiaPages 1920 - 1932Transgender people have experienced significant advances in societal acceptance despite experiencing continued stigma and discrimination. Gender Dysphoria is the condition of feeling one's emotional and psychological identity as male or female to be opposite to one's biological sex. Gender dysphoria had always led the trans genders to the brim of social isolation which leads to serious aftermath consequences like truancy, fleeing, bullying, and various abuses, which even lead to suicides, and ends up intimidating their basic life sustenance. This affects the individual’s self- esteem. The basic family support which is the thriving force for transgender is often deprived from them. The term transgender is often understood as hijras or transgender women. But this definition leaves out the identities like trans men who are yet to find recognition. Historically hijras have been visible and self- organized. But the Trans men are barely visible. There has always been the stereotype about the trans men while comparing to the trans women. The trans women on their defense were able to obtain rights however trans men were neglected as the society does not stand to accept the trans men but trans women. The peer group pressure, ostracism and prejudice had always deprived their basic livelihood rights however there is a veil covered on them with legislation back up. The paper studies and scrutinizes the shortcomings faced by the transgender in establishing their life sustenance rights in general and societal seclusion of trans men in particular.643 views -
Examining Euthanasia: Comparative Analysis of the Right to Die in Legal and Ethical Contexts
LL.M. Student at Rashtriya Raksha University, IndiaPages 1933 - 1949God’s most precious creation in this world is life. Despite the advancement of science, the mysteries of life and death remain unsolved. Life is not something that can be created, which is why taking it away is a legal offence. There are situations where the law is uncertain about matters of life and death. Mercy killing or euthanasia is one such case. which is also termed as “Ichha Mrityu” in India. One of the most controversial ethical and legal topics in modern society is euthanasia. The deliberate ending of an individual's life with the aim of mitigating suffering. The right to die, which includes both voluntary euthanasia and assisted suicide, has sparked impassioned debates across the globe. Euthanasia supporters argue that it enables individuals to end their suffering and pass away with dignity & peace, on the other hand, critics argue that the act infringes on the holy nature of life and hampers the value of human existence. To keep the interests of the citizens of India on utmost priority, the Apex Court has always interpreted the constitutional provisions in its broader aspects. In addition to that, the Apex Court also recognises that Article 21 of COI has a very wide scope and the “right to die with dignity” is within its ambit. In Aruna Ramchandra Shanbaug Case, after considering the legality of euthanasia, the Apex Court ruled in favour of legalising passive Euthanasia and formulated a set of guidelines which need to be followed in such cases. This Article tries to put forward a comprehensive comparative analysis of the right to die by putting forward the diverse legal frameworks, ethical perspectives, and cultural attitudes surrounding this complex issue. Firstly, this article deals with the concept, background and evolution of euthanasia. Secondly, this article deals with legal aspects of Euthanasia highlighting the significant variations in legislation across different jurisdictions. This paper examines the real-world consequences and societal consequences of these legal distinctions, illuminating the challenges and benefits associated with each approach. Thirdly, the article deals with the influence of cultural and societal factors on the right to die. It shows how cultural and societal factors interact with legal and ethical considerations, leading to diverse perspectives on euthanasia worldwide. Furthermore, this article includes a comparative analysis of different jurisdictions where euthanasia or assisted suicide is legal. Lastly, By examining the varying legal frameworks, ethical arguments, and cultural attitudes, this article provides a comprehensive overview of the right to die, offering insights into the challenges and opportunities for addressing this contentious issue.1,103 views -
Criminal Law 2023: A New Face of Criminal Jurisprudence Critical Study
Assistant Professor at School of Excellence in Law, Tamil Nadu DrAmbedkar Law University, Chennai, IndiaPages 1950 - 1958Law is an instrument for regulating a civil society in every corner of people’s social life. The penal law is most important in forbidding social disorder and deviance behavioral of the offenders ie., offences and the offenders to be prosecuted, punished in accordance with the procedure established by law. The Criminal law is not only a penal law which also has strict liability in the socio legal arena. According to the concept of lexfori that is law of the land the criminal law has to be practiced in view of people of the native state. The law shall be changed from time to time concerning with the need of the society. The penal law also is required to be molded in par with socio technological aspects of change. Indian penal code, code of criminal procedure and Indian Evidence act are said to be old criminal law and the new criminal law called Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam are the penal law which is enacted in the Indian parliament so called Indian criminal law with specific vernacular language in title. In accordance with these laws the investigation process is to be conducted under scientific technological criminalistics procedure and certain heinous crimes are included and forensic expert is considered as first hand evidence. The new criminal law is having both positive and negative pros and cons. The three laws might have a possible roadmap to travel in Indian criminal justice administration.999 views -
Indo-French Ties: Navigating Global Dynamics across History, Present Realities, and Future Prospects
Pursued M.A in Political Science from Kurukshetra University, Kurukshetra, India.Pages 1959 - 1969This research paper provides an in-depth examination of the multifaceted relationship between India and France, spanning historical milestones, contemporary collaborations and agreements, and potential future partnerships and trajectories. The study encompasses diplomatic treaties, geopolitical strategies, mutual agreements, and the evolving dynamics that characterize this bilateral relationship. Through a meticulous exploration of historical interactions, examination of current partnerships, and forward-looking analysis, the paper aims to illuminate the factors contributing to the strategic significance and potential growth of the Indo-French relationship especially in the contemporary situations through which the world is going on right now. This paper throws light on how the world has changed since India and France started their cooperation. The world is going through a recent turmoil caused by the Russia-Ukraine war, long-standing civil wars in the Middle East, India’s diplomacy in its neighbourhood, the South China Sea, India’s bid for permanent support to the United Nations Security Council, and much more. This is the time to have a good and healthy relationship between India and countries like France, the USA and other developed countries so that India can gain more acceptance in the region and the world forums.643 views -
Review of Legal Aspects of the Welfare and Safety (K3) of Nurses in the Intensive Care Unit (ICU) Room of Royal Prima Marelan Hospital
student at Faculty of Law, Universitas Prima Indonesia, IndonesiaPages 1970 - 1978Attention to legal protection in the context of occupational health and safety (K3) is essential, especially for nurses in hospital environments who are vulnerable to the risk of work-related accidents and diseases. This study qualitatively and descriptively explores aspects of K3 Legal Protection for nurses in the intensive care Unit (ICU) Room of Royal Prima Marelan Hospital in January 2024, with a sample of 9 people. Data analysis was conducted through a qualitative descriptive approach. It was found that Royal Prima Marelan Hospital has implemented an Occupational Safety Management System (SMK3) following government regulation No. 50 of 2012. In addition, this hospital complies with Government Regulation No. 14 of 1993 concerning the Labor Social Security System, especially related to social security. In line with Work Safety Law No. 1 of 1970, which covers occupational safety aspects in various locations, Royal Prima Marelan Hospital has complied with this provision throughout the territory of the Republic of Indonesia. In conclusion, Royal Prima Marelan Hospital shows significant concern for the health and safety of its workforce, especially nurses who act as primary servants at the forefront of medical services.638 views -
Migrant Workers of Bangladesh: A Critical analysis of ILO Standards
Lecturer at Notre Dame University, BangladeshPages 1979 - 1986Bangladeshi citizen travels abroad mostly for employment and contribute to the gross domestic product (GDP) through increasing remittance. National instruments aim to manage and provide better protection to the migrants. Various measures have been introduced by successive governments in Bangladesh, including new ordinances, statutory, regulatory orders, and framed rules. International Trade law establishes specific mechanisms to deal with migrant workers over the world. In addition, International Labour Organization (ILO) is aimed to develop the working conditions of the workers and provide them with equal opportunities over the world. Therefore, Oman, Qatar, Saudi Arabia and the countries of the Middle East is the main attraction of Bangladeshi workers, and most of the countries are not member state of the International Labour Organization (ILO). Although ILO is one of the specialized agencies of the United Nations but has not any specific provisions relating to the non-state parties as well. To this extent, the International Trade Law mandate should come into an organized system or there should be a unique mechanism for migrant workers over the world especially for the countries of the third world. The research endeavors to analyze the ILO standards relating to the migrant workers of Bangladesh and whether these standards are sufficient for protecting the rights of the migrant labour of Bangladesh or not.729 views -
Comparative Analysis of Employment Policies for People with Disabilities: A Human Rights Perspective
Professor at Jitendra Chauhan College of Law, IndiaPages 1987 - 1994This study offers a thorough comparative examination, from the perspective of human rights, of employment laws designed to promote the inclusion of people with disabilities in the workforce. Disability rights are becoming more widely acknowledged, and as a result, there is a growing emphasis on creating and enforcing regulations that provide equal chances for all people, including those with disabilities, to get and retain employment. This research examines the legislative frameworks, policy initiatives, and pragmatic measures put in place in different nations to encourage the employment of individuals with disabilities and evaluates how well they comply with the ideals of human rights. The first part of the analysis clarifies the theoretical foundation for disability employment from a human rights standpoint. The paper examines how disability employment policies intersect with broader human rights norms and standards, drawing on the principles of equality, non-discrimination, and inclusion enshrined in international human rights instruments, such as the United Nations Convention on the Rights of Persons with Disabilities (CRPD). This paper then performs a comparative analysis of disability employment policies in several nations, including the United States, Australia and India. The strategies used by each nation are examined in detail, emphasising the most important laws, programmes, and assistance systems designed to make it easier for those with disabilities to enter the workforce. Furthermore, the research highlights enduring obstacles and domains for enhancement in disability employment policy. These domains encompass insufficient legal safeguards, restricted entry to education and training, and psychological impediments in the workplace. This study concludes by emphasising how important it is to develop disability employment policies and practices from a human rights viewpoint. These policies improve the rights of persons with disabilities and help create more inclusive and sustainable societies by fostering equality, dignity, and participation. Policymakers and stakeholders can work towards maximising the potential of people with disabilities in the labour market by conducting more research, advocating for them, and collaborating to make sure that no one is left behind in the pursuit of respectable and fulfilling employment prospects.902 views -
Redefining Reproductive Justice: Inter-relation of Reproductive Rights and Intersectionality of Gender
Student at Jindal Global Law School, IndiaPages 1995 - 2000Living at the advent of a technology era with the #MeToo moment, Roe v. Wade overturning, and the ‘Black Lives Matter movement, we often see different types of oppression against marginalized communities across the globe. With patriarchal legislatures in so many countries and an ongoing issue of global population rise, how undermined is the basic human right of bodily autonomy hampered? This paper seeks to analyze how the intersectionality of various issues such as gender, class, caste, and creed have an impact on women and their reproductive rights and how issues such as politicization, colonization, and economic disparities affect access to reproductive rights.825 views -
Comparative Analysis of Defamation Law in the United States of America and United Kingdom in Reference to the Trial ‘David Irving v. Penguin Books Limited and Deborah Lipstadt’
UGC NET-JRF Qualified, Pursued LL.M. from NALSAR University of Law, IndiaPages 2001 - 2011Defamation is the act of communicating to a third-party false statement about a person that result in damage to that person’s reputation. Libel and slander are the legal subcategories of defamation. Generally speaking, libel is defamation in written words, pictures, or other visual symbols in a print or electronic medium, whereas, Slander is spoken defamation and is in a transient form. Defamation is a creation of English law and the classical definition of the term, was given by Mr. Justice Cave in the case of Scott v. Sampson, as a “false statement about a man to his discredit” The trial ‘David Irving v. Penguin Books Limited and Deborah Lipstadt ’ revolves around a defamation suit that was filed by David Irving against the defendants for Lipstadt’s book titled “Denying the Holocaust: The Growing Assault on Truth and Memory”. Irving claimed that the book contained defamatory statements that has harmed his reputation as a historian and called him a holocaust denier. He filed the suit with the Royal High Court in London, though the defendant was from US. England and the United States share a common legal tradition as US was a colony of UK until 1776 and the US preferred to follow their colonisers law when they gained independence. The law of the two nations on defamation was same until 1964. This paper will examine the points of similarities and differences between the two laws, the reason for divergence in their paths and how this divergence causes a chilling effect on freedom of speech and expression taking this trial as a basis of understanding and discussion.1,261 views -
The Legality and Implications of Citizenship Amendment Act, 2019: An Analysis
LLM Student at Chanakya National Law University, Patna, IndiaPages 2012 - 2027In modern world citizenship has become a deciding factor for the rights of individual residing in a country. In India the Citizenship Amendment Act (CAA) 2019 is an amendment that is completely unconstitutional as CAA clearly breaks the secular nature of the Constitution and also against the Article 14's fundamental rights. Only the six specified religious groups have been granted concessions under the CAA, and there is no reasonable classification for why protection is extended to illegal migrants solely from Bangladesh, Pakistan, and Afghanistan. This paper presents a historical perspective and factors that led to the development of the concept of citizenship. It also highlight that the constituent assembly uses universal and non discriminatory language in the provision related to citizenship by understanding the motive and meaning of our constitution makers and realize the fact that there should be misinterpretation with the Constitution’s basic structure. The paper also through light on the nexus of National Register of Indian Citizen (NRIC) and CAA by analysing the NRC drive in Assam. It also put a closer look of Six detention centre in Assam.767 views -
Identification of Patterns in Crimes: A Study on Principle of Modus Operandi and Its Attributes
LL.M. Student at The Central Law College, Salem, Tamil Nadu., IndiaPages 2028 - 2039Modus Operandi (MO), or method of operation is an important factor in the fields of criminology, psychology, law enforcement and behavioural analysis. A habitual offender, in most cases falls into a specific pattern consciously or subconsciously in the commission of his crimes. This pattern is termed as the Modus Operandi of the criminal. In this paper Modus operandi is extensively discussed with reference to it origin and historical background. It also focuses on the types of clues and evidence left behind by the criminal that constitute to his Modus operandi and differentiates between a Modus operandi and Signature. It further includes a section on the Indian scenario with challenges, limitations, and suggestions. Thereby, this article aims to shed light on how studying modus operandi of a criminal could be key to catching him.1,973 views -
The Role of the International Center (ICSID) in Settling Investment Disputes in International Law
Assistant Lecturer at Al Qasim Green University, Ministry of Higher Education and Scientific Research, Department of Biotechnology, IraqPages 2040 - 2055Resorting to the International Center for Settlement of Investment Disputes requires a set of conditions and controls, some of which relate to the parties to the dispute. The host country for investment as a person of international law may be a party to these investment disputes or through one of its agencies, and the foreign investor is a private person, whether this The natural or legal person, in addition to the investor’s country, also requires that there be a set of formal controls related to the resort to the center being in writing. It is also the competence of this International Center, and according to the Washington Convention of 1965, it granted the foreign investor who has lost the international legal personality the right to resort to confronting the host country for investment before the arbitral tribunals of this center, while this agreement kept the territorial jurisdiction of the host country for investment in a manner I want to rely on the personal jurisdiction of the country of nationality in the event that the host country refuses to implement the provisions of the center, as the agreement provided two ways of conciliation and arbitration to settle investment disputes before the center, and this agreement entered into force in 1966. Additionally, the agreement upheld the premise that the parties are free to choose the law that applies to the dispute and its proceedings. The parties are bound by the arbitration award and cannot appeal it, unless otherwise specified in the agreement. Each member state of the agreement also recognizes that all judgments issued in accordance with the agreement are binding and guarantee the implementation of financial obligations on its territory. Iraq has joined this agreement under the Law of Accession No. (64). ) for the year 2012 and published in Al-Waqa’i Al-Iraqiya Newspaper, Issue No. (4283) for the year 2013.718 views -
A Detailed Study on Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Guest Faculty at Tamil Nadu Dr. Ambedkar Law University, IndiaPages 2056 - 2065The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013, this law regulating the land acquisition in the country due to the heightened concern and issues and paved a way to shape distinguished management categorized by market linked reimbursement, socio-economic appraisal and proper rehabilitation and resettlement ways for the affected people. The paper talks about the evolved and contemporary ways the country has legislated the law regarding land acquisition also states the key issues and suggestions for more advantageous usage and welfare.1,155 views -
“Green Minds, Sustainable Futures”: The Psychological Path to Achieving Sustainable Development Goals
Assistant Professor at ICFAI Law School, The ICFAI University, Dehradun, IndiaPages 2066 - 2080The pursuit of the Sustainable Development Goals (SDGs.) is a multidimensional undertaking that goes far beyond policy and technology. In the middle of the worldwide pressure to solve environmental deterioration, social inequity, and economic insecurity, environmental psychology emerges as a hidden trigger. This abstract investigates how environmental psychology, which is frequently overshadowed by its more prominent competitors, might be used to unlock the door to sustainable development. Environmental psychology investigates the complex interaction between persons and their surroundings, revealing the tremendous influence of environment on human behavior and well-being. We explore the underlying psychological factors that drive sustainable activities, stimulate community participation, and change people's perceptions of nature via the perspective of this discipline. This investigation takes us on a trip from the creation of environmentally conscious urban settings that improve citizens' mental health to the promotion of sustainable purchase habits. It elucidates the significance of environmental psychology in resolving climate change worries, as well as its contribution to the SDGs' inclusive and equitable implementation. We discover a strong weapon that not only informs but also inspires, transforms attitudes, and mobilizes action as we travel the hidden corridors of environmental psychology's influence on sustainable development. This research invites readers to explore the world of environmental psychology, where the secret catalyst for unlocking sustainable development awaits discovery and harnessing for a more equal and sustainable future.584 views -
Rethinking India’s Educational Landscape: Evaluating NEP 2020 and its Implications
Assistant Professor at ICFAI Law School, The ICFAI University, Dehradun, IndiaPages 2081 - 2094The New Education Policy (NEP) 2020 aims to transform the academic environment entirely, both on the school and the college levels equally. To adapt to changing demands, NEP 2020 aims to provide education that is skill-oriented. Idealistic policies have to be implemented properly to help the young minds to make educated decisions for their future. Instead of being pawns preoccupied with grades and academic knowledge, a smart young generation with distinctive career paths and life perspectives, is something we may expect to see in the near future. With this new educational structure, students would be free to choose and investigate any field according to their aptitude and interests. The paper aims to give an in-depth insight on how NEP 2020 would enhance institutional innovation, student inclusiveness, and quality in education. By 2040, higher education institutions are expected to be multidisciplinary, meaning that there would not be a set division between science, humanities, and commerce streams. The article further focuses on how NEP 2020, seeks to integrate technology-based education more deeply into the core curriculum which will have an everlasting positive impact on the education system at all levels, essentially in post COVID-19 era.754 views -
Academic Legal Education in India: An Analysis
Guest Faculty at School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, Chennai, Tamilnadu, IndiaPages 2095 - 2104The act or process of acquiring or imparting knowledge is education. It helps prepare one self, develop, grow and in turn help develop society as a whole. Law is that branch of knowledge which any individual belonging to a nation cannot ignore and is duty bound to oblige. To follow a particular thing one should have knowledge of the same. And to gain that knowledge he has to explore and learn about it. This paper talks about academic legal education and how India has evolved and developed in this specific field at academic level. The position of legal education, its development and career option is discussed below.674 views -
Abortion Policy and Women’s Health in India: A Legal Analysis
Advocate at Madras High Court, IndiaPages 2105 - 2109Women’s physical, mental and emotional impact depends on a case-to-case basis. Some women experience strong emotions and mood swings after an abortion, mainly due to the hormonal shifts. The hormone levels stabilise as the menstrual cycle returns. Choosing to undergo an abortion can be an emotionally-challenging experience. Women may feel extreme relief and sadness at the same time. They can also experience anxiety, grief, a sense of loss, and sleep disorders. This is natural, but if the negative feelings prolong, they should not be ignored, and help should be sought. This article analysis the laws relating to abortion and women’s health in India.698 views -
Position of Fundamental Rights During Emergency in India: An Analysis
Advocate at District Court, Tiruchirapalli, IndiaPages 2110 - 2120The Constitution of India guarantees fundamental rights to the people in India. Even though the fundamental rights are not absolute and there are certain restrictions the fundamental rights are enforceable through the Constitutional courts in India. This paper analyses the power of the state to suspend fundamental rights during various emergencies in India.867 views -
Moral Rights in India
Student at Amity University, IndiaPages 2121 - 2131The abstract examines the concept of moral rights within the framework of copyright law in India. Moral rights, encompassing the rights of attribution and integrity, are integral to safeguarding the personal and reputational interests of creators. This research delves into the legal landscape of moral rights in India, exploring the relevant provisions of the Copyright Act and their implications for creators. It investigates how moral rights empower authors by acknowledging their connection to their works and protecting against unauthorized alterations or distortions. The study also considers the practical enforcement and awareness of moral rights within the Indian legal system. By analysing case law and legislative developments, the abstract aims to provide insights into the evolving significance of moral rights in shaping a fair and equitable copyright regime in India. Understanding the interplay between moral rights and traditional copyright protection is crucial in fostering a balanced legal framework that respects both the economic and moral interests of creators in the Indian context.968 views -
Human Rights and Secularism in India
Student at Amity University Chhattisgarh, IndiaPages 2132 - 2153This thesis explores the intricate relationship between human rights and the concept of secularism in India, aiming to understand the interplay and challenges that arise when these two principles intersect. As a diverse and pluralistic nation, India faces the task of safeguarding individual freedoms and religious pluralism while maintaining a secular framework. By analyzing constitutional provisions, legal frameworks, and relevant case studies, this research comprehensively explains the dynamics between human rights and secularism in the Indian context. The study begins by establishing the theoretical foundation of human rights, drawing upon international principles, theories, and frameworks. It then delves into the historical evolution of human rights in India, highlighting the constitutional provisions that anchor these rights within the country's legal framework. In parallel, the concept of secularism is explored in its various interpretations, encompassing the historical trajectory and constitutional provisions that define secularism in India. By examining landmark court cases and legal interpretations, the research scrutinizes the judiciary's role in upholding human rights within the framework of secularism. One of the key challenges addressed is a conflict between human rights and religious practices. Communal tensions and religious discrimination pose significant obstacles to protecting human rights in a pluralistic society. This research investigated these challenges and explored approaches to balancing religious freedom with the human rights of marginalized communities. The thesis also examines the interplay between women's rights, personal laws, and secularism, focusing on the challenges faced by women in the context of religious practices and personal laws. It critically analyses legal and societal approaches to address gender inequality within a secular framework. Freedom of expression and religion are crucial aspects of the discourse on human rights and secularism. The research delves into the complexities of these freedoms within India's diverse society, assessing the limits and restrictions imposed on religious speech and practices in the name of secularism. Finally, the thesis concludes by providing recommendations and a way forward for promoting human rights within a secular framework in India. It suggests strategies to reconcile these principles, strengthen legal frameworks, and foster dialogue, education, and awareness to create a culture of tolerance, inclusivity, and respect for human rights. Overall, this research contributes to understanding the interplay between human rights and secularism in India. By identifying challenges and offering recommendations, it aims to facilitate the development of policies, legal reforms, and practices that uphold human rights while maintaining a secular framework, fostering a society founded on principles of equality, justice, and religious pluralism.808 views -
Illegal Dumping of Bio Medical Waste in Tamil Nadu
Lecture at Tamilnadu Dr Ambedkar Law University, IndiaPages 2154 - 2160The piece of writing says about illegal dumping of bio medical waste by non-residing of Tamilnadu and residing of Tamilnadu. The reason behind to choose this topic is create awareness to the people with some facts, stats, and overviews. It gives answer for the some questions that are what is bio medical waste and how it categorized, how bio medical wastes are dumped in Tamilnadu and its continuing or not, how we have to protect our environment by implying bio medical waste (management and handling) rule, and also explain causes of dumping bio medical waste in public place and steps taken against this illegal activities. In COVID pandemic, this is noticeable issue in the society because in this medical emergency medical waste also increasing side by side and it is properly segregate or not is a big question only. We are going to carry COVID to our future generation or not, but definitely won’t carry these tonnes of waste to our future generation. Healthy environment is human rights of present and future generation also. But its violated by many way which includes worst management of bio medical waste. There is rules for management and handling of BMW(bio medical waste) but how many private hospitals, companies, institutes are follow it and also handling without basic sense of nature. I hope we will perceive the importance of healthy environment in the end of this paper.679 views -
Right to Privacy and E-Commerce: Legal Analysis
LL.M. student at CSI College For Legal Studies, Kottayam, IndiaPages 2161 - 2172Today, the world is moving towards e-commerce application in completing their daily jobs. An ecommerce application becomes the preferred medium to complete the day’s tasks. The potential for wide-ranging surveillance of all cyber activities presents a serious threat to information privacy. It gives more bad results in personal information privacy. In any e-commerce activities, all personal information should be controlled including their disclosure in order to protect its privacy.643 views -
Regulating and Monitoring of Telecom Industry under Competition Law Regime in India
LL.M. student at CSI College For Legal Studies, Kottayam, IndiaPages 2173 - 2181Sector-specific regulations and competition laws meet in a special way in India. The last several years have witnessed a sharp growth in the Indian economy. The tremendous rate of advancement has lifted millions of people out of poverty, but it has also led to the emergence of new issues. Throughout its period of economic expansion, India experienced numerous economic and other crises. During this time, the Indian legal and economic system has seen the emergence of regulatory entities. There's a chance that some of the responsibilities of these newly established regulatory entities will overlap. It is crucial to comprehend the background of the Indian regulatory tradition. The argument over whether the Competition Commission of India (CCI) should have control over the Telecom Regulatory Authority of India (TRAI), which regulates the telecom sector, is of great interest to academics. It's probable that CCI will also be given "cutting wings" by the government. The two primary regulators of the telecom industry, TRAI and CCI, are briefly described in this article along with an analysis of the issues that sometimes develop between them. This study also explores the issue of whether two regulators are required and concludes with some recommendations for the telecom industry.709 views -
Preliminary Assessment: Section 15 Juvenile Justice (Care and Protection) Act 2015 – View Point of Legal Aid Counsel
Phd Candidate at Amity University Jaipur Rajasthan, IndiaPages 2182 - 2193This paper discusses Section 15 of the Juvenile Justice (Care and Protection) Act, 2015, From the perspective of Legal Aid Counsel , Preliminary assessment holds significant implications for safeguarding the rights and well-being of juveniles. Legal aid counsel advocates for due process and fair treatment during the preliminary assessment, emphasizing the juvenile's right to legal representation and the presumption of innocence. A child-centric approach is crucial, considering the unique vulnerabilities and developmental aspects of juveniles. The best interest of the child should guide decision-making, promoting rehabilitation over punitive measures. Legal aid counsel plays a pivotal role in ensuring effective communication and collaboration among stakeholders, advocating for alternatives to the transfer of juveniles for adult sentencing. The counsel's viewpoint underscores the importance of upholding justice, fairness, and the principles of juvenile justice to protect the rights and futures of children entangled in the legal system.1,000 views -
The Future of AI in Legal Practice: Trends and Predictions
Student at KIIT School of Law, Bhubaneswar, Odisha, IndiaPages 2194 - 2198Artificial Intelligence (AI) is the science and engineering of making intelligent machines, which is the emulation of the human brain. AI systems are capable of performing such tasks which are similar to human cognitive processes like pattern recognition, memory, problem-solving, learning, language abilities, and many more. AI performs the tasks by using algorithms, which can detect patterns and perform the tasks that have been assigned. Nowadays, AI codes are widely used in healthcare, retail, logistics, manufacturing, entertainment, banking, insurance, finance departments, and other sectors. AI can analyze and make decisions that maximize the chance of achieving a specific goal is the ideal characteristic of AI. When we talk about AI’s ability, and how it transforms the sectors of the Indian economy, we always exclude the AI in legal field. The legal part is the most important, essential, and independent part of the country. AI models are trained to deliver judgments by using biased data, human judgment identifies those biases, ensures moral or ethical decision-making, and promotes fairness. If can do marvels in other fields then it can perform marvels in the field of law. Also, the Supreme Court of India states that the introduction of AI in the legal system will not substitute the place of judges in decision-making, rather it will facilitate all other processes which will support judges in decision-making.745 views -
Right to Employment and Exclusive Analysis On LGBTQ+ People and Employment Right
Student at Symbiosis Law School, Pune, IndiaPages 2199 - 2213The author examines the important topic of the right to work, concentrating on the LGBTQ+ community in India. It emphasizes how the Indian Constitution and the Universal Declaration of Human Rights, among other international and state legal frameworks, guarantee the fundamental human right to work. The study draws attention to the difficulties that the LGBTQ+ population in India faces, especially with regard to harassment at work, lack of access to education and training, and employment discrimination. The study highlights the harsh realities of discrimination and societal barriers LGBTQ+ people must overcome, which can result in underemployment or unemployment, through the personal stories of a variety of LGBTQ+ people. These narratives effectively highlight how gender identity, sexual orientation, and employment rights are intertwined. The report also examines a number of governmental and non-governmental programs designed to help LGBTQ+ people find better jobs in India. These include the Ministry of Social Justice and Empowerment's initiatives, the Transgender Persons (Protection of Rights) Act of 2019, and other state government programs. While these initiatives are a step in the right direction toward inclusivity, the paper makes the case that much more work needs to be done. The author suggests a number of tactics to improve LGBTQ+ employment prospects. These include passing and upholding anti-discrimination legislation, providing financial aid to individuals in need, educating the public about workplace inclusivity, and implementing education and training initiatives. The study highlights how important these actions are for societal advancement in addition to being required by law.707 views -
The Sentence Review Boards in India: A Critical Analysis
Research Scholar at Karnataka State Law University, Hubballi, IndiaPages 2214 - 2218The sentencing policy of a country reflects the morale, rationale, and judgment in the country. It helps to establish a certain degree of punishment and helps to reduce the existence of a crime through reprimanding, rehabilitation, or any other lawful or justified procedure thereby, ensuring the law and order in society. The idea of reprimanding and sentencing policy has evolved through the centuries. The lack of uniformity in the sentencing policy has led to disparity and arbitrariness. This disparity particularly exists because of the discretion exercised by the judges, i.e., in their decisions and judgments. This leads to an inconsistency in the system and a continuous routine of disparity in what can be considered the ideal and just ‘punishment’ for a particular offence. This disparity and inconsistency happen in the premature release also. In order to eliminate the disparity and inconsistency in the premature release of prisoners, the Mulla committee suggested constituting a sentence review board in each state. Besides this, in 1999 the National Human Rights Commission also suggested constituting the Sentence Review Board in each State and Union Territory to eliminate the disparity and inconsistency in the premature release. The study will focus on the functioning of the sentence review board. In India which will be examined in the background of the sentencing guidelines in the UK and USA. The procedure of sentencing policy, guidelines, and premature release of prisoners will be analyzed and focusing on the efficacy in the implementation of the legal measures and the issues and challenges adopted by the Sentence Review Board in India.1,346 views -
Critical Analysis of Mandamus Writ in relation to the Administrative Law
Student at Birla Global University, IndiaPages 2219 - 2230This paper highlights detailed analysis of mandamus writ in context of administrative law. From initiation it discusses about the definition of mandamus and its legal foundation and requisites, it also describes about the application of mandamus writ and accordingly its impact. The goal or purpose behind the mandamus writ is also put light upon in this paper and also the historical development of the particular mandamus writ is unveiled. The prevalence of mandamus writ in Indian law prior to the Constitution is also mentioned. The framework of law in relation to mandamus writ is also highlighted. The interconnection between administrative law and mandamus writ is also enshrined in this paper. The critical analysis of mandamus writ with case laws is also mentioned. Lastly it also provided some suggestions.1,057 views -
Divine Influence: Religion as a Foundation for Legal Systems
Student at School of Law, UPES, Dehradun, IndiaPages 2231 - 2240This in-depth paper examines the complex interrelationship between religion and the law in the context of Indian law. An introduction to legal systems and the special relationship between laws and religious practices comes first. The study next explores the relationship between religion and law, specifically how moral obligations derived from religious convictions impact adherence to or disregard for legal requirements. A historical tour highlights India's dedication to religious tolerance by tracing the origins of legislation that is firmly ingrained in religious traditions. The story highlights the influence of the major religions on legal systems by examining the rise of Buddhism, Islam, Sikhism, Hinduism, and Christianity. The paper examines India's constitutional transition to secularism in more detail, emphasizing the fine line that separates secular legislation from private religious beliefs. It looks at the changing legal scene and the problems that conflict resulting from religious differences continues to pose. Most importantly, the research reveals the overlaps and conflicts between religion and jurisprudence.853 views -
Mainstreaming Online Dispute Resolution in India: Diligence for Access to Justice
Guest Faculty at School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, IndiaPages 2241 - 2248Access to justice is a fundamental principle of the administration of justice. Indian Courts are burdened with a huge backlog of pending cases. The Internet as a medium has revolutionized many areas of life, including law. ODR, a synergy of Alternative Dispute Resolution and Information and Communication Technology tools aims at rendering an amicable settlement of disputes via online proceedings which might resolve a wide range of disputes ranging from interpersonal disputes to court disputes and interstate disputes or conflicts. It is considered to be a more convenient, time-efficient and cheaper method over litigation and merely a practicable solution. Online Dispute Resolution which uses modern internet tools will set a good example of the existence of specialized legal methods for serving Justice. It is the need of the hour to incentivise the service of Online Dispute Resolution mechanisms as a resolution tool to enforce cost-efficient and fast-track remote dispute resolution. The current status of the dispute resolution in India catalyzes the innovation of Online Dispute Redressal. This paper attempts to discuss the contribution of Indian Government in par with global initiatives. The study aims to analyse the legislative framework supporting alternative dispute resolution mechanism in India and discusses the India’s step towards introduction of Online Dispute redressal to the already existing legal framework and the need for its effective implementation in India in terms of rendering justice. The paper discusses the prospective view of Indian Judiciary in implementing information and communication technology tools into the Court system and enhancement of dispute redressal landscape by its effective interpretations. The paper concludes by emphasizing the myriad initiatives of the executive in mainstreaming the Online Dispute Resolution mechanism in India along with the applaudable contribution of the European Union towards development and promotion of Online Dispute Resolution mechanism in the developing countries.772 views -
Green Credits and the Dilutions of the Environment Act: A Recipe for Greenwashing
Senior Research Associate at Centre for sustainable development Gokhale Institute, Pune, IndiaPages 2249 - 2259The Dichotomy of the ambitious Carbon Credit and green credit policies of India and the dilution of the environment act are presented in the following paper. In 2023, India saw the passage of 3 legislations namely the Green Credit Policy, Compliance Carbon Trading Scheme(CCTS) and the changes to the Environment and Biodiversity Act. India witnessed significant dilutions in its environmental laws, particularly in the penal provisions of key regulations. The Ministry of Environment, Forest and Climate Change (MoEFCC) proposed amendments to laws such as the Environment (Protection) Act, 1986, the Air (Prevention and Control of Pollution) Act, 1981, and the Water (Prevention and Control of Pollution) Act, 1974, aiming to dilute the penal provisions, which include imprisonment of offenders. These dilutions have raised concerns about the potential impact on environmental protection and the fundamental rights of communities. The proposed dilutions have been criticized by experts and environmental organizations, highlighting the need to maintain the integrity of environmental laws and regulations to ensure sustainable development and environmental justice. The dilutions in environmental laws have been viewed as contradictory to India's commitment to depart from a "business as usual" approach and have sparked discussions about the need for stronger regulatory mechanisms to safeguard The passage of the carbon credit laws, particularly the Carbon Credit Policy, may impact the existing regulatory framework related to environmental compliance and corporate social responsibility. The introduction of a compliance carbon market and the issuance of Carbon Credit Certificates (CCCs) may lead to a shift in the focus of companies towards carbon mitigation activities, potentially affecting their prioritization of CSR initiatives and environmental compliance. The absence of a concrete definition of 'carbon credits' and the open-endedness of the carbon trading scheme have raised concerns about regulatory ambiguity and the need for robust oversight to prevent greenwashing and ensure the integrity of the market Additionally, the establishment of a cross-sectoral regulatory mechanism and the empowerment of the central government to specify the carbon credit trading scheme under the Energy Conservation (Amendment) Act, 2022, indicate a significant regulatory overhaul to accommodate the carbon credit market. An overhaul that could eventually lead to a mess in terms of industries compliance on paper. The industries will be free not to undertake any compensatory activities on the site of the industry and thus becoming free of any commitments the affected area’s population .This will be facilitated by the celebrated green credit and carbon credit policy of India which once implemented has the potential to wreak havoc on the current environment.966 views -
Addressing Deepfake through the Existing Legal Strategies in Bangladesh: An Assessment
Legal Advisor at Bproperty.com Ltd. & Apprentice Lawyer at Dhaka Judge Court, BangladeshPages 2260 - 2272A camera, so the saying goes, cannot lie. However, it has become clearly evident in this digital age that it doesn't always represent the reality. As machine learning and artificial intelligence get more advanced, more people are able to create so-called deep fake videos, images, and audios thanks to affordable, simple-to-use, and easily accessible video editing tools. These videos, in which real people and objects are depicted using, created, manipulated, and false film, are an increasing problem in modern culture. Pornographic deep fakes have been around for a long, but political deep fakes are a more recent issue. These frequently claimed to depict a well-known actress, model, or any other lady engaging in sex, but what is actually shown is the subject's face superimposed on the body of another woman who is engaging in the act. The simplest way to create a deep fake is by using this capability, which is referred to as face-swapping. The authors of this study applied qualitative method with analytical structural design. This paper discusses the moral, governmental, and legal ramifications of each of those deep fake classifications. The authors emphasize that, comparable to numerous other technologies in the previous, deep fakes are initially met with apprehension before becoming broadly accepted. This is because the initial uses of deep fakes were for certain evil goals (revenge porn and political campaigns). The paper additionally addresses the government's and online content distribution companies' potential roles in combating deep fakes. The report also presents a promising future scenario for how the democratization of AI can resolve the ethical issues as well as delt with current law and regulation of Bangladesh with further recommendation for deep fakes that are currently in the spotlight. The privacy and security of users will suffer as a result. Governments around the world are starting to respond to these applications that violate privacy, Bangladesh looking into TikTok's privacy concerns and enacting legislation to lessen the influence of deep fakes on society also India and other countries are banning TikTok. The deep fake's ethical and legal repercussions technology are examined in this paper, along with a number of international laws and an analysis of Bangladesh's approach to combating the deep fake crime.1,945 views -
Misconduct in the Course of Employment
Advocate at Madras High Court, IndiaPages 2273 - 2281The term "misconduct," commonly associated with workplace issues, extends beyond professional settings and encompasses various aspects of life. Interestingly, while Service Rules typically outline expected behaviour with consequences for violations, they do not explicitly define or describe misconduct. The term itself is broad, indicating actions inconsistent with expected behaviour. As no Service Rule provides a specific definition, recourse to dictionaries is necessary. According to Murray's Dictionary, "misconduct" primarily signifies bad management, mismanagement, or culpable neglect of official duties. Words and Phrases define it as improper, unlawful, or wrongful behaviour. P. Ramanatha Aiyar's Law Lexicon emphasizes that "misconduct" involves a wrongful intention rather than a mere error of judgment, portraying it as a more assertive concept. This abstract highlights the multifaceted nature of misconduct and the absence of a precise definition in Service Rules, relying on various sources for understanding its implications.704 views -
The Role of ICSID in International Economic Law
LL.M. student at CSI College For Legal Studies, Kottayam, IndiaPages 2282 - 2287In order to provide a venue for the settlement of international investment disputes, the International Centre for Settlement of Investment Disputes was founded in 1966. It currently has 158 member states and has handled about 70% of all investor-state cases that are known to exist. Particularly in the 2006 and 2022 modifications to those regulations, the International Centre for Settlement of Investment Disputes has demonstrated a leading role in modernizing the processes for investor-state dispute resolution.886 views -
The Role of International Treaties in Shaping Constitutional Human Rights Protections
Student at Guru Ghasidas Vishwavidyalaya Bilaspur Chhattisgarh, IndiaPages 2288 - 2301International human rights treaties play a significant role in shaping and strengthening constitutional protections for human rights around the world. This paper explores this dynamic relationship, examining the various mechanisms through which treaties influence national constitutions and how constitutional provisions can, in turn, impact the implementation and enforcement of treaties. The paper analyzes key examples, discusses ongoing debates and challenges, and highlights the growing importance of international human rights law in the global protection of individual dignity and fundamental freedoms.878 views -
Role Intellectual Property Rights in Achieving the Sustainable Development Goals
Faculty at School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, Chennai, TamilNadu, IndiaPages 2302 - 2309Sustainable development is "development that meets the needs of the present, without compromising the ability of future generations to meet their own needs." Human, social, economic and environmental development are meant for sustainable development. The only hope of the present lies in the scientific advancement and innovations that lead to sustainability in future. Those innovations are fostered by conferring the rights to those innovators as their intellectual property(IP). Protecting IP rights will encourage the investment, research and development in the targeted industries which would play a vital role in realizing the sustainable development goals (SDGs). There are 17 Sustainable Development Goals that were adopted in the 2030 Agenda for sustainable development in 2016 covering from poverty to climate change in which the role of the international IP framework is significant. Already the IP protection was extended to green-tech, Clean-tech to foster new ideas and to reduce the first mover disadvantage. This paper primarily attempts to analyze the IP framework in India whether it catalyzes the investment for innovation in sustainable projects meant to realize the SDGs by 2030. Secondly, examining the conducive nature of IP legislation strengthening the industrial property from design to trademark. Finally, analyzing the balancing nature of IP as a vector of life saving drugs and breakthrough technologies made available in the market for public purposes and preserving the interest of innovators.690 views -
Unboxing Credit for All: Buy Now, Pay Later: Empowering India’s Underbanked
Student at Christ University, Bangalore, IndiaPages 2310 - 2322In this article, we will assess how Buy Now Pay Later (BNPL) services could ameliorate issues related to infrastructural deficiencies that limit access to banking institutions across India. Specifically focusing on its potential impact on unbanked/underbanked groups prevalent within several regions-- rather than merely creating a sustainable solution--by extending alternative forms of consumer credit with flexible payment options. Services have begun breaking down long-standing barriers by providing individuals access who may not qualify for traditional facilitating effective fiscal management mechanisms. The expansion opportunity being provided needs examination to ensure legal indebtedness of users remains reasonable, so these Financial Inclusion mechanisms remain active. Simultaneously, this essay also explores the historical and evolutionary aspects of “unconscionable provisions” in contracts and BNPL Services. Lastly, the essay discusses the pivotal role of implementing proper financial studies courses in school curriculums to boost teenagers' financial literacy. Instead of merely offering a sustainable solution, the focus here is on how BNPL services can specifically impact unbanked and underbanked groups scattered across the country. These services, with their alternative forms of consumer credit and flexible payment options, are breaking down longstanding barriers that have excluded individuals from traditional banking systems. This inclusive approach aims to facilitate effective fiscal management for those who may not qualify for conventional banking services. By providing an exhaustive analysis of BNPL Services' role in financial inclusion mechanisms within India's varied regions, we should be able to meaningfully understand its current impact as well as its potential future possibilities.614 views -
Bridging Time and Space: China’s Belt and Road Initiative and the Echoes of Silk Road Migrations
Student at National Law School of India University, Bangalore, IndiaPages 2323 - 2331The Belt and Road Initiative (BRI), initiated in 2013, is currently unfolding its influence on Chinese migrations, prompting this essay to unravel its ongoing implications. This essay, by juxtaposing historical analogies with current trends and potential trajectories, draws connections between historical migrations along the Silk Road and the contemporary BRI led by China. It examines the impact of past migrations, as illustrated in works such as "The Journey of Xuanzang" and "The Travels of Marco Polo," highlighting the multifaceted exchange of goods, ideas, and cultures across expansive territories. Additionally, the essay explores the initiative's focus on attracting foreign talents, considering recent developments in national policies and legislation aimed at this objective. Further, the essay delves into the historical disruption of the Silk Road during the Ming dynasty, attributing its demise to the thriving sea trade route and climate change-induced events in the Dunhuang area. This serves as a cautionary reflection for China to proactively consider and address similar environmental and economic factors. Acknowledging prevalent criticisms and skepticism surrounding the BRI, the paper asserts that the initiative's infrastructure investments possess the potential to significantly enhance regional as well as global connectivity. This, in turn, is posited as a catalyst for fostering economic development while addressing issues of isolation, poverty, and marginalization. This essay endeavors to offer a holistic understanding of the BRI as a contemporary manifestation of migration serving as the 'motor of history’.700 views -
An Empirical Study on Fandom Culture in Society
Student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Taramani, IndiaPages 2332 - 2342Fan culture, also referred to as fandom, is a subculture of popular culture, and characterized by the different fan communities that share a common interest towards a particular aspect of popular culture such as a celebrity, a television series, or a particular book. In this study, we mainly focus on discussing the two things. The first is the role of fandom culture in society and its positive and negative influence on society. The second is how technology has had an impact on fandom. Some scholars have noted the social influence of the entertainment industry, dominated by idols stars and the mass media, as the basis of communication. The present study focuses on Tamil Nadu State primarily and the outcome of the study concept and impacts of fandom culture in society shown by way of using simple percentage analysis. The results of the study show that there is indeed an inseparable and complementary relationship between society, fan culture and technology. This result benefits fandom culture’s development and its impact on society. At the same time, the findings also indicate that toxic fandom culture can lead to incorrect values in the society.1,580 views -
Inclusive Education in India: Challenges, Progress, and Future Directions
Faculty at St. Joseph College for Women, Gorakhpur, U.P., IndiaPages 2343 - 2360Inclusive education in India has emerged as a vital discourse, reflecting the nation's commitment to providing equitable educational opportunities for all, irrespective of their diverse abilities. This research paper delves into the multifaceted landscape of inclusive education in India, encompassing its historical evolution, persistent challenges, notable progress, and the envisioned path forward. Tracing the historical trajectory, the paper navigates through pivotal shifts in policies and societal attitudes that have influenced the inclusivity paradigm. Despite strides, the road to inclusive education is fraught with challenges. Scarce resources, inadequate teacher training, deeply entrenched societal prejudices, and the intricate needs of distinct disability groups pose substantial hurdles. This paper rigorously examines governmental endeavors such as the Sarva Shiksha Abhiyan (SSA) and the Right to Education Act (RTE), assessing their impact on shaping an inclusive educational landscape. Amid the challenges, the paper unveils inspiring instances of success. Through the lens of exemplary schools, organizations, and regions, it showcases the transformative power of inclusive education. These triumphs underscore the pivotal link between inclusive policies and improved learning outcomes. Anchoring progress are dedicated educators armed with the knowledge and skills to create inclusive classrooms, a testament to the critical role of teacher training. Collaborative synergies between educational institutions, parents, communities, and non-governmental entities surface as catalysts in fostering inclusivity. The paper scrutinizes these collaborative mechanisms, highlighting their contribution to shaping educational environments that honor diversity. Moreover, technology emerges as a potent tool in the inclusive education arsenal, promoting accessibility through assistive technologies and digital resources. In conclusion, inclusive education stands as a cornerstone of India's educational journey, echoing the nation's commitment to social justice. This research paper encapsulates the intricate tapestry of inclusive education in India, weaving historical insights, current challenges, celebratory milestones, and visionary aspirations. By addressing present obstacles while harnessing the collective strength of stakeholders, India can pave a path toward a genuinely inclusive and empowering educational landscape.1,435 views -
The Study of Corporate Governance, Corporate Social Responsibility, and Its Relationship
Student at Narsee Monjee Institute of Management Studies, School of Law, Bengaluru, IndiaPages 2361 - 2379This paper seeks to provide a thorough understanding of Corporate Governance, Corporate Social Responsibility, and its relationship. Corporate governance simply refers to keeping an equilibrium between fiscal and social goals, as well as between personal and community goals. The framework of Corporate Governance is in place to push for parsimonious measures and to hold corporations to account for their actions, which is also one of the prime functions of Corporate Social Responsibility. Thus, the paper aims to provide a framework for understanding the association between Corporate Social Responsibility and good Corporate Governance. Initially, the theories and models of Corporate Governance for the working of businesses is explained. Furthermore, Corporate Governance examined with respect to how the Board of Directors, and the other managerial personnel of a company treats the shareholders and other parties of interest, or how well it fulfils or neglects to fulfil their expectations – that is its significance and drawbacks. Next, it elaborates on the theory of Corporate Social Responsibility. The understanding of Corporate Social Responsibility or CSR is represented as self-regulatory corporate strategy that encourages companies to fulfil their social responsibilities to their members, consumers, and the society at large. Companies can be aware of the economic, social, political, and environmental impacts they have on society when they engage in Corporate Social Responsibility, which is also known alternatively known as “Corporate Citizenship”. Considering this, the study also considers the concept’s principles, theories, advantages as well as disadvantages. Finally, the paper’s goal is to illustrate the connection between Corporate Governance and Corporate Social Responsibility, highlighting its significance, challenges, and future potential for development in this area.796 views -
Biodiversity Amendment Act, 2023: A Catalyst to Safeguard India’s Indigenous Resources
Assistant Professor at SRR & CVR Government Degree College(A), Vijayawada, Andhra Pradesh, IndiaPages 2380 - 2386The Bio-Diversity Act, is a 20-year-old law that is meant to preserve the country’s biological diversity and to ensure its sustainable consumption. Biodiversity encompasses a wide variety of life forms that live on the planet. The Convention on Biological Diversity called for two protocols namely, Cartagena Protocol on biosafety (2003), and Nagoya Protocol on access and benefit sharing (2014). The Cartagena Protocol was ratified by India in 2003 and the Biological Diversity Act, 2002 was passed by Parliament. The Act confines the access to biological resources and related traditional knowledge. The present article aims to examine the evolution of Bio Diversity Act in 2002 and series of amendments, of which the latest was the Biodiversity Bill,2023 Biological Diversity Act (BDA), 2002 was amended as the Biological Diversity (Amendment) Act, 2023. Basically, originated from the United Nations Convention of Biological that India signed at Rio de Janeiro. The Act was intended to safeguard India's diverse biological resources, ensuring their conservation and sustainable utilization. the Biodiversity Act was further strengthened to streamline access to the resources. This enables the Indian biodiversity to enhance its potential in sectors like agriculture, forestry, fisheries, and biopharmaceuticals. potentially propelling India towards its ambitious $300 billion bioeconomy target by 2030. These changes also simplify processes, and also ensure the conservation of biological resources, sustainable utilisation, targeting the Indian bioeconomy to reach the $300 billion by 2030 as envisaged in the Sustainable Development Goals.1,255 views -
Positioning Outer Space Industry in Global Order
Indraprastha Research fellow at University School of Law and Legal Studies, GGSIPU, IndiaPages 2387 - 2398The race to outer space is growing intense at a very rapid pace. Globally, countries are launching missions and expanding their commercial outer space industry in order to conquer the unknown. Human aspirations have directed him towards exploring and utilising the outer space at its best possible way. What is worth noticing in this context is that few countries dominate the space exploration sector and corner most of the benefits derived from commercialisation of outer space sector. The technology and scientific capabilities are not uniformly distributed throughout the globe, few countries have already taken the lead with their outer space explorations. The imbalance between the technological accessibility among countries is a threat to equitable outer space exploration and resource utilisation. The changing global order in terms of political, economic and social interest has its reflections in outer space arena as well. The dominant principle on the subject of global resources has been, ‘Common Heritage of Mankind’, though the principle of equitable benefit sharing of outer space is also recognised globally, but receives little traction in the real-politick of the global community. The outer space industry aids in the human existence (communication, remote sensing, meteorology etc.) and has a huge potential to build a country’s economy. The immense potential of outer space and human ambition to rule the resources in outer space, gives significant importance to the outer space industry. In near future, the unknown outer space might be the reason of hassle for human beings on the Earth. This study elucidates that the iniquitous system evolved for outer space exploration is diluting the benefits of non-space faring countries. Countries struggling with basic necessities and reaching to outer space is close to an imagination, their interests are hampered and ignored. This research attempts to highlight that the role of outer space industry in changing global order might come up as substantial in coming days, along with role of India G-20 presidency in building global cooperation.701 views -
Impact of Media on Public Perception and Peacebuilding
Student at University of Calcutta, IndiaPages 2399 - 2404This article discusses the effect of the media reports on the perception of the common people and the way it influences the peacebuilding process. The study evaluates the way media shapes the perspective of the audience and precisely highlights the connection between media and narratives. Furthermore, the article also analyses the usage of media for fostering peace while outlining the challenges preventing peace journalism from proactively facilitating peacebuilding efforts.734 views -
A Critical Analysis on Insanity as a Defense under Indian Criminal Law
Student at Saveetha school of law, IndiaPages 2405 - 2425In Indian criminal law, the defense of insanity, is based on the principle that a person who is suffering from a mental illness or unsoundness of mind at the time of committing the offense lacks the capacity to understand the nature and consequences of their actions or to differentiate between right and wrong. To establish the defense of insanity, the burden of proof lies on the accused, who must demonstrate through medical evidence that they were suffering from a mental disorder at the time of the offense. If the court is satisfied that the accused was insane at the time of the offense, they may be acquitted or subjected to psychiatric treatment instead of imprisonment. The paper aims to analyze the familiarity of insanity as a defense and its tests and also examines the public's opinion on where the focus should be on when insanity is established in a serious crime case.The research method followed is descriptive research. The data is collected through a questionnaire and the sample size is 207. Convenience sampling method is adopted in the study to collect the data. The samples were collected from the general public with special reference to Tamilnadu region. The researcher used graphs, chi square and anova to analyze the data collected. The researcher found that 42.03% of the respondents are somewhat familiar with the concept of insanity as a defense under Indian criminal law , 63.29% of the respondents chose a combination of punishment and rehabilitation for the offenders who have insanity as a defense . It was also found that there is a significant difference of opinion regarding the importance of a psychiatrist in the process of giving credibility to the insanity of a person and the age of respondents.Drawing upon people’s opinion and legislative provisions, the paper explores the criteria for establishing insanity, the convincing tests and the role of courts and psychiatrists in determining mental incapacity.1,020 views -
Freedom of Speech in Social Media in Legal Awareness
Research Scholar at Maharishi University of Information Technology Lucknow. U.P., IndiaPages 2426 - 2432The establishment of legal education has been one of the most beneficial results of the use of social media. Legal awareness is a process of self-empowerment which leads to the realization of human rights. It is function of the state to established a social system by making appropriate laws and providing equal opportunities for development to all. 70% of the population of India in rural areas who are not fully aware of the rights of constitution. In poor socio-economic conditions, more than 33% of the populations are illiterate who are living below the poverty line. The good role of media is for maintaining democracy. The responsibility of the state has increased manifold because of the transformation of media. It is important for various laws passed by the Parliament to reach the wider population for their benefits. The fourth pillar Media of democracy is a powerful tool in India, a welfare country. The positive role and use of freedom of expression is the strongest weapon to sustain democracy. The Constitution of our country guarantees complete equality to all its citizens regardless of caste, creed, community, and India has transformed itself into a 'Welfare State.' Social media can reach to the greatest extent through extensive reporting and wide distribution across sections of the society and help in promoting and propagating legal awareness among the poor. Providing legal awareness support to the poor can help them solve basic problems of survival and bring a big change in their lives. Legal empowerment is built on the concept of human rights, and its active use can promote development by strengthening the voices of communities at the grass roots level. This paper mainly focuses on the role of social media in promoting awareness.694 views -
False Allegations in Women Protection Centric Crimes and Recent Judicial Responses
Student at Alliance School of Law, Alliance University, Bangalore, IndiaPages 2433 - 2448This research scrutinizes the misuse of legal provisions by women in cases involving crimes against their partners/husbands, focusing on Section 498-A of the Indian Penal Code, sexual harassment allegations, and the Domestic Violence Act. Through analysis of recent cases such as "Rajan vs. The State of Madhya Pradesh," "Mukesh Bansal vs State of UP," and "Vikram Ruhal vs Delhi Police," the complexities surrounding allegations of cruelty, sexual harassment, and domestic violence are examined. The study reveals the challenges in navigating instances of false accusations and their profound ramifications on the accused, including legal, emotional, and societal consequences. By delving into judicial responses and guidelines, the research underscores the importance of a balanced legal approach to safeguard the rights of both genuine victims and the accused.927 views -
Role of Alternate Dispute Resolution (ADR) in Resolving Family Disputes
Student at The NorthCap University, Gurgaon, IndiaPages 2449 - 2460Family disputes are complex and sensitive issues that often require a nuanced approach to resolution. Traditional litigation processes can exacerbate tensions and strain familial relationships, making it imperative to explore alternative avenues for conflict resolution. Alternative Dispute Resolution (ADR) methods have emerged as valuable mechanisms for addressing family conflicts efficiently and preserving familial bonds. In this paper, Naman Bansal , a fourth year student of law at The NorthCap University (Gurugram) examines the role of ADR in managing family disputes, including mediation, arbitration, and collaborative law. It explores the benefits of ADR, such as confidentiality, flexibility, and the empowerment of parties in decision-making. Moreover, the paper discusses the suitability of ADR techniques for various types of family conflicts, including divorce and child custody. By promoting communication, understanding, and mutually acceptable solutions, ADR offers a constructive framework for resolving family disputes while mitigating the emotional and financial toll associated with adversarial litigation. Through case laws and empirical evidence, this paper highlights the efficacy of ADR in promoting amicable resolutions and fostering post-conflict familial harmony. Ultimately, it underscores the importance of integrating ADR into family law practices to facilitate fair, efficient, and sustainable resolutions to family disputes.1,418 views -
Horizontal Enforcement of Fundamental Rights in Bangladesh: Extending the Scope of Judicial Review
Lecturer at Department of Law, University of Professionals, BangladeshPages 2461 - 2474Judicial review, in general, is the power exercised by Judiciary of a state to assess whether any activity of the legislative, executive, and administrative organs of government are in accordance with the constitution or not. Article 102 of the Constitution of Bangladesh has empowered its’ Supreme Court to exercise this power by offering writ jurisdiction, which basically is applied to ensure fundamental rights of any aggrieved person. If the historical tradition of judicial review in Asia is thoroughly observed, it would be found that the vertical enforcement of fundamental rights was exclusively present in many counties where the judicial review can be exercised only against the state arms. But recently horizontal enforcement of fundamental rights is emerging noticeably, through constitutional transplantation, in Asia as well in Bangladesh, which extends the writ jurisdiction against the private individual as well. In some recent cases, the conservative vertical approach of the Courts of Bangladesh is altering or can be said attempting to alter for ensuring fundamental rights at large, albeit not by directly enforcing horizontally against any private individual but at least finding a connotation between the state and the private stakeholder through ‘Datafin test’. This paper has explored the scope and prospect of the horizontal enforcement of fundamental rights in Bangladesh under the constitutional obligation and tries to make a thin line of demarcation to what extent, this enforcement would be of horizontal as well as vertical effect.1,160 views -
Individual Rights and the Impacts of Climate Change in Bangladesh’s Coastal Zone
LL.M. student at East West University, BangladeshPages 2475 - 2485A significant problem facing the entire globe is climate change. Ecosystems, human systems, urban systems, economic systems, social systems, as well as individual rights, are all impacted by climate change. One of the countries in the world that has been most badly affected by climate-related calamities is Bangladesh. People in Bangladesh are the most impacted by the effects of climate change in the coastal zone. In the coastal region of Bangladesh, climate change violates individual rights. Through the analysis of data and news, that was discovered. This study found an intriguing link between the impacts of climate change and individual rights in the coastal zone of Bangladesh. People's livelihoods, health, and burdens are all adversely affected by climate change.976 views -
Breaking the Silence: Examining Marital Rape in Indian Law and Society
Assistant Professor at ICFAI Law School, IFHE, Hyderabad, IndiaPages 2486 - 2496Despite being a long-standing problem in Indian society, marital rape has not been quickly recognized by the law or made a crime. This in-depth essay explores the present legal context, significant rulings, cultural perceptions, and continuing discussions around marital rape in India. It aims to clarify the particulars underlying this type of violence against women and the difficulties in enacting significant legislative reforms through a thorough investigation. Utilizing an extensive array of legal literature, legal precedent, and sociological research, this piece offers an in-depth analysis of the intricate aspects of marriage-related rape within the Indian milieu.691 views -
Exploring Legal and Ethical Dimensions of Artificial Intelligence in Employment: Safeguarding Worker Rights and Ensuring Fair Practices
LL.M. Student at Mahatma Jyotiba Phule Rohilkhand University, Bareilly UP, IndiaPages 2497 - 2526Artificial intelligence (AI) is revolutionizing employment practices, presenting both opportunities and challenges for workers, employers, and policymakers. This research paper explores the legal, ethical, and policy implications of AI deployment in employment settings, with a focus on safeguarding worker rights and promoting responsible AI adoption and governance. The paper begins by examining the ethical considerations inherent in AI deployment, including algorithmic bias and discrimination, transparency, accountability, and privacy rights. It underscores the importance of prioritizing fairness, transparency, and human-centric design principles to address these ethical concerns and ensure that AI technologies benefit all stakeholders. Furthermore, the paper delves into the legal frameworks, regulatory measures, and government initiatives aimed at promoting ethical AI deployment and safeguarding worker rights. It highlights the need for enhancing legal protections, regulatory oversight, and ethical guidelines to address the complex ethical, legal, and societal implications of AI deployment in employment. Through an analysis of government initiatives, policy responses, and collaborative efforts with industry and civil society, the paper identifies key recommendations for policymakers and practitioners. These recommendations include updating existing laws, establishing AI-specific regulations, promoting AI education and training, and fostering stakeholder engagement to ensure that AI technologies are developed and used responsibly, ethically, and inclusively. In conclusion, the paper emphasizes the importance of prioritizing fairness, transparency, and accountability in AI deployment to harness its transformative potential for creating a more equitable, sustainable, and inclusive future for all stakeholders in the employment ecosystem. This abstract provides a concise overview of the research paper's focus, key findings, and recommendations, offering insights into the ethical, legal, and policy considerations surrounding AI deployment in employment.979 views -
Section 66A: A Dead Law that still Breathes
Student at Amity University, Chhattisgarh, IndiaPages 2527 - 2537This paper particularly deals with Section 66A of the Information Technology Act, 2000, which further discusses the history, the enactment of this provision and how it was struck down by the landmark judgement of the Supreme of Court of India Shreya Singhal v. Union of India. Moreover, it also discusses how the Supreme Court tackled the opposition faced by India because of some suggested provisions by several countries like Nigeria, Georgia, the U.K. and many more. And what is the significance of the freedom of speech and expression on the internet. This paper additionally talks about various other landmark judgements related to the Right to freedom of speech and expression and how it has been violated by Section 66A of the IT Act, 2000. The author has also discussed the reasons for the poor administration of the judicial declaration and solutions as to how it could be resolved. It tries to make understand the readers the point of view of various eminent authors and reads out various reports by The Economic Times and Special Rapporteur. Apart from these provisions Article 19 of the Universal Declaration of Human Rights has also been discussed in the paper. In a nutshell, it describes how important the Right to freedom and expression is, and any inconsistencies with the said right would ultimately lead to the elimination of it from the book of law.709 views -
The Role of Financial Innovations in Shaping the Future Of Banking
MBA student at Amity Business School, IndiaPages 2538 - 2555The financial landscape is going through a transformative phase driven by technological advancements. Banks, being the main foundation and the important touchpoint of the financial system, are adopting various financial innovations as well as technologies to stay ahead of the competition and meet the dynamic needs of today’s customers. By examining the experiences of top banks in India through a comprehensive analysis of customer satisfaction, digital banking experiences, and the performance of financial innovation initiatives, the research seeks to provide insights into the evolving landscape of the banking industry. The findings aim to contribute to a deeper understanding of the transformative forces at play and guide strategic decisions for both financial institutions and policymakers as they navigate the dynamic intersection of finance and technology.2,193 views -
Social Media and Indian Politics: Its Evolution through History to the Catalyst, Influencer and Contender in 21st Century
Assistant Professor at Department of Political Science, Sanatan Dharma College, Ambala Cantt, Haryana, IndiaPages 2556 - 2566This research paper explores the intricate relationship between social media and Indian politics, tracing its historical roots from the pre-independence era and the independence movement to its contemporary significance as a powerful influencer in the Indian political landscape. Through a comprehensive analysis, this paper highlights the evolving role of social media platforms in shaping political discourse, mobilising public opinion and attitudes towards the situations, and influencing electoral outcomes. By examining key historical events and contemporary trends, this paper aims to shed light on the transformative impact of social media on Indian politics and its implications for the world’s largest democratic country and its governance. This research paper delves into the multifaceted role of social media in the modern era, exploring its impact on communication dynamics, cultural exchange, economic activities, and political processes. Through a comprehensive analysis of current trends, ongoing media platforms, and scholarly literature, this paper examines how social media platforms have transformed the way individuals and communities engage with each other, consume information, and participate in public discourse and raising the voice of the common man to the political regime. By addressing key issues such as algorithmic bias, echo chambers, online misinformation, and digital activism, this paper aims to provide a nuanced understanding of the opportunities and challenges presented by social media in the contemporary scenario. Ultimately, this research contributes to a deeper appreciation of the complex interplay between technology, society, media issues and their impact on the people at large and human behaviour in the digital age.2,966 views -
A Critical Study of the Concept Public Order/Ordre Public and Morality as a Bar in Trademark Registration
Ph.D Research Scholar at University of Lucknow, IndiaPages 2567 - 2582Trade marks are distinct from other forms of intellectual property, in that the subject matter that they seek to protect is reputation, created through effort, as opposed to a pure creation of mind. Nevertheless, they have become an integral part of the intellectual property regime. This is because of the ease of protection of trade marks through a registration scheme under IP laws, as opposed to common law protection through the tort of passing off. However, protection under the IP regime requires that a trade mark overcome several grounds on the basis of which they may be refused. These grounds have emerged through deliberation by legislatures and in various landmark judgments. ‘Public ordre and morality’ forms one of these grounds, however the scope of this ground is ambiguous, largely because the nature of morality is ambiguous. It differs from culture to culture, generation to generation. Trade however, is global. Expansion of businesses into various countries other than their own has brought up some intriguing questions regarding the acceptability, and validity of the ground of ‘public ordre and morality as a bar to registration. While some jurisdictions have dealt admirably with the meaning and scope of this term, a greater and uniform understanding of the term would be invariably beneficial to global business prospects.838 views -
Implication of Artificial Intelligence and Need of Regulatory Framework: A Comprehensive Review
Student at Law College Dehradun, Uttaranchal University, Uttarakhand, IndiaPages 2583 - 2599As artificial intelligence (AI) continues to pervade various sectors worldwide, its implications and the need for a regulatory framework become increasingly paramount. This paper presents a comprehensive review encompassing the current landscape of AI in India, alongside a global overview, ethical challenges, implications, and the global debate surrounding AI regulation. In India, AI adoption is steadily gaining momentum across industries such as healthcare, finance, agriculture, and education, driven by government initiatives, burgeoning startups, and multinational corporations. However, this growth is accompanied by concerns regarding data privacy, algorithmic bias, job displacement, and socio-economic inequalities. Ethical considerations surrounding AI deployment, including transparency, accountability, fairness, and societal impact, underscore the imperative for regulatory intervention. Globally, nations are grappling with the complexities of regulating AI, balancing innovation with safeguarding against potential harms. While some advocate for a laissez-faire approach, citing the need to foster innovation and avoid stifling technological progress, others argue for robust regulatory frameworks to mitigate risks and ensure AI operates within ethical boundaries. Initiatives such as the EU's General Data Protection Regulation (GDPR) and the OECD's AI Principles represent steps towards establishing ethical guidelines and legal frameworks for AI governance. The debate on whether AI should be regulated remains contentious, with proponents of regulation emphasizing the need to address AI's societal impacts, protect individual rights, and maintain human control over technology. Conversely, opponents argue that excessive regulation could impede innovation, hinder competitiveness, and stifle AI's potential benefits. Striking a balance between innovation and regulation is crucial to harnessing AI's transformative potential while mitigating its risks.814 views