Issue Archive · Open Access
Volume VII – Issue III / 2024
Articles · 318
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War And Crime: Analysing the Israel-Palestine Conflict with Nexus to Public International Law
Student at Christ Academy Institute of Law, IndiaPages 01 - 15War and armed conflict have constituted one of the most serious threats to human life, liberty, and property, as well as the fundamental concept of humanity as a moral and ethical concept, since the birth of civilisation. On a purely logical level, it is ludicrous that the murder of one or a few individuals is assigned negative social sanction and is treated as a crime, yet the death of thousands is lauded as a great act of patriotism or sacred obligation in religion. Jean Rostand expresses this propensity succinctly: "Kill one man, and you are a murderer. Kill millions of men, and you are a conqueror. " It is never easy to think about the Israeli-Palestinian conflict. Nonetheless, the increasing number of declarations underlines the importance of considering the circumstances involved in assessing the situation under the applicable law. While the solution to any conflict is political, any armed conflict is governed by a specific area of international law known as the law of armed conflict, commonly known as international humanitarian law. Although it is frequently claimed that international humanitarian law is ineffective, we must not lose sight of the reality that its application, however limited, ensures that civilian lives are saved. This paper conducts an extensive and in-depth analysis of the application of International Law to armed conflicts with a specific nexus to the Israel-Palestine conflict.867 views -
Legal Considerations of Mergers and Acquisitions: Exploring the Dynamics
Student at B.S. Anangpuria Institute of Law, Alampur, Faridabad, Haryana, IndiaPages 16 - 23Mergers and acquisitions (M&A) is a complex process that involves combining companies through various legal, financial and strategic processes. This article provides a comprehensive overview of the legal aspects involved in M&A transactions. Explores key legal considerations, regulatory frameworks and contractual arrangements involved in M&A transactions. It also analyzes the role of legal counsel, due diligence procedures and post-merger integration challenges. Through a detailed study of current examples and trends, this paper provides valuable insight into the legal landscape of M&A transactions.1,004 views -
A Legal Study Relating to Consumer Rights and Digital Marketplace in India
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 24 - 45This article delves into the progression and present-day status of consumer rights in India’s digital marketplace, exploring the legal provisions and judicial interpretations that underpin these rights. It underscores the transition from traditional consumer law to digital transactions that fall under the scope of the Consumer Protection Act 2019 as much as they do the Information Technology Act 2000. The article identifies difficulties such as digital illiteracy, regulatory evolution and emergent technologies like artificial intelligence. It recounts instances where the judiciary has intervened against digital fraud, misrepresentation, deficiencies in service delivery, and reminds us of the need for entrepreneurs to disseminate the salient aspects of the absorbing world of cyber commerce beyond knowledge corrals. The article urges the judiciary to continue playing a vital role in protecting the three pillars of consumer rights in the digital realm: to be informed, to choose and to be heard; and to legislate laws, not only to secure the sanctity of consumer rights amid rapidly evolving technologies, but also to countermand and control the anti-social use or misuse of such technology to commit criminal acts – against the vulnerable and the nation alike. The article encompasses landmark judgments and case studies based on consumer complaints, concluding that there is material for deliberation as to what consumer rights should look like in India’s rapidly evolving digital economy.852 views -
The Double-Edged Sword of Social Media: Amplifying vs. Addressing Gender-Based Violence
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 46 - 65Presenting a ‘double-edged sword’ argument, the article outlines how social media in India has simultaneously been used to enhance gender-based violence (GBV) but also to advocate against it, connect groups trying to support victims of GBV, disseminate information surrounding GBV, and raise awareness about GBV. Social media provides anonymity, virality and echo chambers, allowing cyberstalking, non-consensual pornography and other forms of online harassment to enhance GBV. However, social media also provides the best way for advocacy against GBV, as well as connecting those yearning for assistance with those who can provide it, spreading information about GBV and increasing awareness of the issue. The article uses the highly successful #MeToo campaign as an exemplar of how social media has facilitated public discourse and action. The article calls for a comprehensive strategy laden with legal reforms, policy innovation, technological advancements and cultural shifts towards gender sensitization and digital responsibility, appealing to all stakeholders to build a collective response to harness the positive capabilities of social media as well as mitigate its negative impacts on GBV.1,084 views -
Diving Deep: Bolam and Bolitho Tests in the Evaluation of Medical Negligence in India
Assistant Professor at ICFAI Law School IFHE Hyderabad, IndiaPages 66 - 78Following the enactment of the Consumer Protection Act in 1986, some patients began pursuing legal actions against medical professionals, claiming that they were irresponsible in their medical services and seeking and receiving compensation in exchange. Because of the increase in such similar cases, various legal decisions have been made about what constitutes negligence and what the requirements are to show that medical negligence took place. Negligence can be defined as a breach of a legal duty to care that causes damage to the other person. Breach of such duty allows the patient the right to sue the doctors who had a duty of care and breached it, resulting in damage to the patient. Anyone who provides medical services or any type of medical treatment implicitly states that they have the necessary expertise and knowledge; this is known as the "implied undertaking" of the medical practitioner. Proof that the doctor did not deliver the requisite standard of care given the circumstances is a key component of any negligence lawsuit against the doctor. The development of the Bolam test demonstrates a careful balance between judicial action & deference to medical expertise. While courts are entrusted with assessing negligence, India's rules for evaluating expert views & the level of deference to medical practitioners are always developing and uneven. In Indian courts, the Bolam test is an important instrument for determining medical negligence claims. This test compares a doctor's behavior to the accepted standards of their professional community. To establish negligence, it must be proven that the doctor diverted from accepted standards and took actions that were not in line with what an expert of typical ability would have done. The Bolam test, although widely recognised in India, has proven useful in circumstances such as Suresh Gupta case, but disputes continue over the need for a more strict test to suit increasing standards. However, the Bolam test had been critiqued for leaning too much on medical testimony to support the defendant. The House of Lords' decision in the Bolitho case requires that the asserted quality be justified logically and must have taken into account the hazards and benefits of various other options. The outcome of Bolitho is that the court will adopt a more inquisitive approach to the medical evidence presented by both sides in litigation, allowing it to reach its verdict. An analysis of the Bolam and Bolitho rules in India indicates a complex ecosystem where legal standards, medical ability, and court discretion coexist. The need for an agreed-upon and complete structure to handle medical negligence is clear, with an emphasis on balancing respect to medical experts with responsibility and patient rights protection.1,282 views -
Revival and Restructuring of Sick Companies
Student at Amity University, Lucknow Campus, IndiaPages 79 - 90“Business failures, including the corporate bankruptcy phenomenon, are sobering economic realities reflecting the uniqueness of corporate death.” It is the harsh reality that in the competitive market, some enterprises will fail to survive. In India, industrial disease has increased in both the large and small industries. Reassuring oneself that this is, in part, a byproduct of industrial expansion, does not lessen the gravity of the issue. However, there are measures which can be helpful for an enterprise to take its own stand in today’s economy. Corporate restructuring is a way to revive sick organizations. Due to its numerous benefits, such as enhanced corporate performance and stronger corporate governance, it has long- lasting impacts on the company. The paper highlights the historical background of corporate restructuring. The aim of this paper is to understand the legislations governing the revival of enterprises in India.873 views -
LGBTQ+ People in Afghanistan: An Analysis in the Context of Application of Sharia Law
Research Scholar at The National University of Advanced Legal Studies, Cochin, IndiaPages 91 - 99This article is an analysis of the post-Taliban era issues faced by LGBTQ+ people in Afghanistan. Sharia law is not in favor of accepting the sexual life of LGBTQ+ people. There are different approaches towards the LGBTQ+ community in different jurisdictions where Sharia is considered as the basis of law. Some countries like Afghanistan, Iran, and Saudi Arabia provide the death penalty, while others don't. A stricter interpretation of the Sharia law, which is the idea and agenda of the Taliban group, which is running the government now in Afghanistan, makes the plight of LGBTQ+ people more pathetic. The article gives a glimpse of the report submitted by the International Lesbian, Gay, Bisexual, Trans, and Intersex Association regarding the threats faced by and torturing experienced by LGBTQ+ people in Afghanistan. The exacerbation of the conditions happens through the already prevailing child marriage in Afghanistan. The chances of coming out through which an LGBTQ+ person reveals a non-heteronormative identity are suppressed through an act of child marriage. The article tries to applaud the efforts taken by countries like the Republic of Canada and the United Kingdom to provide settlement options for LGBTQ+ refugees from Afghanistan. The article suggests the international cooperation of nations and human rights agencies to mitigate the horrific plight of Afghanistan's LGBTQ+ community.1,010 views -
A Study on Live in Relationship: Whether it is Against Law?
Student at SRM School of Law, SRM Institute of Science and Technology Kattankulathur ,Chengalpattu District, IndiaPages 100 - 107Live in Relationship is the new concept that is emerging world wide. Some countries do follow it already and its normal for them while some countries like India are not favoring it. Its hard for them to recognize such concepts because its way out of their customs and belief. But few people support it and following it. This research aims to explore the concepts of Live in relationship, whether it is accepted and is valid in modern Indian Society, is it against our Indian law and whether it is an offence . The probabilities of people who are supporting it and opposing it. The legality of the child born out of this relationship. And whether women can claim maintenance under this relationship and is entitled to the property. The consequences of this emerging concept, seeking to know whether it does good to the society or the individuals or is just done for other purposes. There is no proper legislation that supports live in relationship but there are precedents which can be relied upon.718 views -
Quasi-Judicial and Quasi-Legislative Functions of Administrative Body: An Analytical Study
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 108 - 117Examining administrative law and its quasi-legislative and quasi-judicial functions is the goal of this study. The corpus of laws known as administrative law oversees the executive arm of government, keeping it under control and shielding the populace from abuses of authority committed by the branch or its representatives. The body of laws known as administrative law governs how government administrative agencies conduct their business. Government agency activities include rulemaking, decision-making, and enforcing a set regulatory agenda. Administrative law is limited as a body of law to the operations and procedures of administrative authorities. It is limited to the decision-making or rule-making powers of the authorities. It is a very new area of law that has evolved throughout time and will do so as long as societal demands exist. Matching the Executive's latitude with the "Rule of law" is the aim of administrative law. Administrative law is a battlefield as well as a means of resolving disputes. Judicial review is essential to the creation and maintenance of certain values and ideas. In industrialized cultures, its significance has increased along with the complexity of the relationship between public authorities and the general public. Legislation is needed to regulate these complexities, which could help to preserve regularity and stop the misuse of administrative power. An entirely new age of administration and administrative law was brought about by this expansion of tasks. The greatest important legal advancement of the 20th century, according to some, was administrative law. Governments have evolved from laissez-faire to parens patria. This evolution led to a similar tendency being observed in other parts of the world.1,327 views -
Indian Legal Framework on Honour Killing
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 118 - 132For every human existence, honour is a prized possession. Nobody has the right to take another person’s precious life in the name of traditions and culture. Killing someone in the name of honour is illegal and a contravention of the most important fundamental right, the right to life. The right to life and dignity have been guaranteed to all citizens by the Constitution. Honour is intact with life of a human. The Indian Constitution guarantees this fundamental right. Every person has the right to be protected from threats to their lives. The right to live in society with dignity cannot be violated by social or cultural forces. However, it is illegal to kill someone in the family's honour; therefore, laws have been put in place to confront these unfair practices. The aim of this research was to examine the notion of honour and honour killing in India within the context of the fundamental legal system. This article highlights the legal provisions that address crimes of honour killing. The reasons for honour killings and international provisions concerning honour crimes are also examined in this article. To get to the judicial interpretation of the legislation, some significant rulings from the Supreme Court are also covered.1,103 views -
Protection of Rights for Senior Citizen in India: A Legal Analysis
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 133 - 146Every human being must experience the eternal process of growing older; no one can avoid it. Traditionally, family members have been responsible for providing care for the elderly, most frequently the children. However, because of the quick changes in the socioeconomic perspective, family members increasingly leave elderly individuals to face difficulties in life on their own. However, the aging population is becoming more vulnerable due to the growing trend towards nuclear families and the corresponding breakdown of the extended family structure. India is a country that has historically valued wisdom and age. In both privileged and developing nations, elderly individuals face significant issues in numerous aspects of their lives. The basic and fundamental rights of the elderly are not sufficiently protected and promoted by the current legislative laws. The most vulnerable stage of a person’s life is old age. This is the stage when the elderly need the most protection and attention. Prior to 2007, India had no laws specifically safeguarding the rights of senior citizens. under the protection of this, they were allowed to seek maintenance as well as defense against physical and mental abuse. Many general laws, including the Protection of Women from Domestic Violence Act of 2005, the Code of Civil Procedure 1908, the Indian Penal Code 1860, and the personal laws, as well as the Fundamental Rights outlined in Part III of our Indian Constitution. However, the Maintenance and Welfare of Parents and Senior Citizens Act of 2007 allows older people to get maintenance and protection under a single piece of law.911 views -
Consequences of Unemployment in Villupuram District
Student at School of Excellence in Law, The Tamilnadu Dr. Amdedkar Law University, Chennai, IndiaPages 147 - 160The higher rate of Unemployment is an indicator of a depressed economy. Unemployment doesn’t hold that much good for Society and Individuals and it has a greater impact and evil effects on unemployed persons. The unemployed person faces so many difficulties and falls into stress and depression. The unemployed person has to face many challenges and, hardships to secure their lives. Unemployment is a Socio-economic problem; due to this many families have been suffering a lot. An unemployed individual faces the problem of physical and mental health issues and not only that, they lose their confidence and struggle to live. This research study was conducted on 71 respondents from Villupuram District. This study discussed the consequences of Unemployment. This study proves that Unemployment has a greater impact on individuals, families, and the whole economy. Most of the peoples are aware of the consequences of Unemployment and many are enduring it. Unemployment is a serious economic problem and we have to join hands to eradicate the problem of Unemployment.764 views -
Unveiling the Shadows: A Comprehensive Exploration of Child Abuse in India
Student at Law College Dehradun, Uttaranchal University, IndiaPages 161 - 176Child abuse is one of the major issues in India, encompassing physical, sexual, emotional, and psychological mistreatment. This paper aims to highlight the critical position that India holds in safeguarding its children amid the dynamic shift of society and the factors that are responsible for child abuse. The paper also discusses the position of the Indian judiciary as illustrated by some of the crucial cases, casting a spotlight on both the efforts made to protect the rights of children as well as the obstacles that came in the way of enforcing these measures effectively. It also highlights the role of the judicial system in addressing affairs such as child labor, neglect, maltreatment of a child, right to education, and child prostitution. It is concluded that child abuse represents the infringement of fundamental human rights making it necessary for the government, judiciary, and society to take effective steps for its elimination. Suggestions that would help safeguard the children and raise awareness among them are also given in this paper.906 views -
Economic Empowerment and Cyber Equality: A Study on Women’s Entrepreneurship in the Digital Landscape
Student at SASTRA Deemed University, IndiaPages 177 - 189The legal research study delves into the complexities of women's entrepreneurship in India's digital landscape, focusing on economic empowerment and cyber equality. It scrutinizes the legal frameworks impacting women entrepreneurs, exploring how these frameworks hinder or facilitate economic empowerment and cyber equality in the digital era. The study evaluates access to digital resources, including e-commerce regulations, laws on digital business ownership, and intellectual property rights in India. In India, women entrepreneurs face challenges from traditional gender norms and the evolving digital environment. The study aims to identify barriers and opportunities for women in business, proposing potential legal reforms to create a gender-inclusive entrepreneurial environment. It assesses the effectiveness of e-commerce regulations, registration procedures, taxation, and compliance requirements on women's entrepreneurial ventures. Furthermore, the research dissects intellectual property rights for women-led businesses, examining trademarks, patents, and copyrights. It scrutinizes existing intellectual property laws to address unique obstacles faced by women entrepreneurs. The study also explores cyber equality and women's entrepreneurship online, analyzing the impact of social media, online networks, and digital marketing on women-led businesses. By critiquing current legal frameworks, the study aims to provide insights for policy recommendations and legal reforms that support women entrepreneurs in the digital era. It seeks to enhance the legal landscape to promote economic empowerment and cyber equality for women entrepreneurs in India, fostering a more supportive environment for their ventures.760 views -
Women Empowerment through Property Rights in India
Student at Law College Dehradun, Uttaranchal University, IndiaPages 190 - 204Property rights being fundamental to women’s empowerment serves as the cornerstone for gender equality, economic independence, and social mobility. Historically in India, where women traditionally have faced obstacles to property, there has been an acceleration in initiatives to improve women's control and access to property. India has seen a transforming path for women's inheritance rights, characterized by cultural upheavals, legislative reforms, and egalitarian fights. This research article looks at the complex link between women’s empowerment and property rights in India by analyzing empirical evidence surrounding women’s property ownership and examining the legal framework including social cultural dynamics. This paper presents a thorough analysis by explaining how property rights may benefit women while discussing the reform potential and obstacles. It also advocates the radical changes required to realize gender neutral property rights. Meanwhile the paper also highlights how the reforms acted as a catalyst in empowerment of women and their socio economic advancement.1,006 views -
Beyond Earth: The Legal Battleground for Outer Space Security
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 205 - 224This article is a critical examination of the changing nature of space law and the increasing challenge of space debris problems in space. Space infrastructure has become an essential part of our contemporary lives. Without satellites, one can hardly use a mobile phone or internet access nor can one benefit from Global Navigation System satellite signals nor use remote-sensing satellites that provide essential information for natural disaster prevention, forest conservation or weather forecasts. While the use of space technology has many benefits, the increases of space debris seriously impairs the security, safety and sustainability of space activities. The orbital domain has become a dumping ground for obsolete satellites and rocket bodies. It threatens the uninterrupted functioning of all man-made objects placed in space. This essay analyses the prominent legal frameworks provided under leading international treaties on Aerospace Law. It argues that they cannot be certainly applied to a complex legal regime of man-made objects, space debris, which remains a thorny issue of space operations needing continuous regulations and laws. The article illustrates the essential background of Aerospace Law in today’s legal landscape and critically examines its challenges from the perspective of space sustainability, the new up-momentum in national legislation within the existing space treaty framework, and their imperative needs for vigorous international cooperation and normative regulations to cope with space debris.660 views -
Female Genital Mutilation: A Cry for Human Rights
Assistant Professor at KLE Law College, Bengaluru, IndiaPages 225 - 237FGM is “the procedure that involves partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons. The practice has no health benefits for girls and women and cause severe bleeding and problems urinating, and later cysts, infections, as well as complications in childbirth and increased risk of newborn deaths” . Female Genital Mutilation (FGM) is a practice adopted in several parts of the world where little girls undergo a torture by the removal of the external part of their genitalia without any medical reasons. This is a traditional practice for various communities which is causing a potent concern not only because it is painful but also because of the fact that it is a gross violation of human rights. There are attempts made in the international level by the World Health Organization (WHO) to spread awareness and prohibit the practice of FGM by celebrating 6th February as the International Day of Zero Tolerance for FGM. However, the problem faced by most of the nations practicing such a tradition is its hush-hush affair. The author of this paper tries to analyze the religious practices of FGM and understand the provisions recognized globally to prohibit the same. Finally, the author would read the practice from the constitutional aspect and answer if there is a necessity to have legal provisions to ban this practice in India.850 views -
Narcoterrorism and the Narcotic Drugs and Psychotropic Substances Act: A National Security Perspective
Student at School of Law, MIT World Peace University, Pune, IndiaPages 238 - 252With a focus on the growing threat of narco-terrorism, this study thoroughly examines the complex link between the NDPS Act 1985 and India's national security. Because the illegal drug trade and terrorist activities provide a serious threat to international security and sovereignty, the purpose of this study is to assess the effectiveness of the NDPS Act in protecting India from this intricate threat. The study explores the legal structure and historical development of the NDPS Act of examining its salient features that bear on issues of national security. It examines closely the methods used by law enforcement to implement the legislation, pointing out problems and evaluating how well the Act may be modified to deal with new threats. The study investigates trends, ramifications, and potential areas for legal framework development using in-depth narco-terrorism case studies. Examining the interactions among the particularly provisions of NDPS Act along with other counterterrorism legislation is a critical component of this research, with the goal of developing a unified and cooperative strategy to confront growing security risks. Policymakers, law enforcement organisations, and legal academics should find the findings insightful and useful in forming suggestions for bolstering national security via better legislation, more effective enforcement tactics, and more international cooperation. Through a thorough analysis of the NDPS Act in the larger picture of narco-terrorism, this study adds important insights to the current discussion about defending India's national security against changing and complex threats.814 views -
The Emergence of the Global Environmental Justice Movement and its Impact on India’s Green Jurisprudence
Research Scholar at Jamia Millia Islamia, IndiaPages 253 - 259Environmental issues have been rising globally at an alarming rate. Environmental justice involves the idea that all individuals and groups have the right to equal environmental protection without any discrimination under the law and the right to live in communities which are healthy and free of toxic conditions which could be life-threatening. The environmental justice movement emerged around the concerns of fairness, social equity, and environmental protection. Robert Bullard, Paul Mohai, Robin Saha, and Beverly Wright coined the term ‘Environmental justice’, which is described as the equitable and unbiased distribution of environmental benefits and harms through the restructuring of systems of oppression. In their revolutionary work, “Toxic Waste and Race”, they debated that across the US South, landfills were disproportionately sited in low-income communities of color, leading to dissimilar human health impacts, lower economic value of property, and less green space accessible to these communities. The crystallising of environmental justice movement happened with the First People of Color Environmental Leadership Summit held in 1991 in Washington, D.C. The global environmental justice movement paved way to the development of India’s Green Jurisprudence as well. The Chipko movement, the Appiko movement, the Narmada Bachao Andolan were few of the many movements which attempted to bring environment to the core of India’s conscientiousness. Recent movements include those against Companies such as Vedanta in Tamil Nadu and Odisha, the Save Aarey Forest campaign in Mumbai, the Save Dehing-Patkai Movement, etc. These movements are against Ecological Distribution Conflicts (EDCs). The EDCs are fights around environmental costs and benefits owing to inequalities in power and income, and are rooted in the broader context of class, caste, race and gender asymmetries. These conflicts have evolved over time and are now not limited to just rural areas; rather they are apparent in different contexts and settings.913 views -
Digital Rape: A Life Devastating Crime
Assistant Professor at Amity University, Jharkhand, Ranchi, IndiaPages 260 - 268The disreputable digital rape is on the rise in India and continues to be a stealthy headline, even as a crime against women and children continues to rise. Digital rape serves as a warning sign about the depth of social corruption present as well as a sign that rape laws need to be improved. “Digital Rape” can lead one to believe that it is connected to the internet or the digital world. The term refers to unlawful penetration of someone’s toe, finger, or thumb. The Indian Penal Code’s definition of rape did not include digital rape before the Nirbhaya Act of 2013. India’s Supreme Court has expanded the definition of rape in several high-profile cases. IPC and POCSO Acts specify the penalty. Up until December 2012, “ digital rape” was classified as molestation rather than rape and did not meet the criterion. Because crimes committed under Digital rape, using fingers, foreign material, or any other part of the human body, were not considered a crime under any section,” this highlighted numerous flaws in section 376 of the IPC, which deals with sexual offenses.1,625 views -
The Present Situation of Child Labour in India: A Case Study of Dhanbad District
Research Scholar at Department of Public Administration, Panjab University, Chandigarh, IndiaPages 269 - 286Child labour refers to the employment of children in any work that deprives children of their childhood, interferes with their ability to attend regular school, and that is mentally, physically, socially or morally dangerous and harmful. Of an estimated 215 million child laborers around the globe: approximately 114 million (53 per cent) are in Asia and the Pacific; 14 million (7 per cent) live in Latin America; and 65 million (30 per cent) live in sub-Saharan Africa. Global number of children in child labour has declined by one third since 2010, from 246 million to 168 million children. More than half of them, 85 million, are in hazardous work (down from 171 million in 2010). Asia and the Pacific still has the largest numbers (almost 78 million or 9.3% of child population), but Sub-Saharan Africa continues to be the region with the highest incidence of child labour (59 million, over 21 per cent). (International Labour Organization, 2022). Today in India, there are more than 10.12 million children who are spending their childhood learning carpet-weaving, beedi-rolling, domestic labour, agriculture, firework and apparel manufacture and countless other occupations instead of going to school and receiving quality education (Bhalotra S. 2001). The present paper highlights the characteristic and causes for child labour in India with special reference to Dhanbad District, bonded child labour, consequences and exploitation of child labour. It mainly focused on policy initiatives of government of India to protect child labour in the region of Dhanbad district. Most child laborers are male with a family size of 5-8 members, never attended any school and living in a family whose monthly income is less than 8000 Indian Rupees and the major reason of work was low family income and poverty.1,082 views -
Recovery of Debt under Negotiable Instruments Act: Whether Boon or Bane
Student at Dr. Babasaheb Ambedkar College of Law, Deekshabhoomi, Nagpur, IndiaPages 287 - 294The current paper examines the effectiveness of Negotiable Instruments in dealing with recovery of the debt and so also examines the procedures involved in the recovery of debt under negotiable instruments act. Each examines how stage wise complaint under negotiable isntruments takes place. It also examines various judicial precedents laid down and traces down why and how the requirement arose for enactment of negotiable instruments act.722 views -
Terrorism in India: A Study with specific reference to Human Rights
Student at Law College Dehradun Uttranchal University, IndiaPages 295 - 306India, a country that is characterized by its wide range of differences, it has an intricate dilemma, know: finding a middle ground between ensuring safety and protecting the basic entitlements of its people in the battle against terrorism. This complex problem arises from multiple origins, such as Kashmiri secession, religious fanaticism, and left-wing insurgency. While prioritizing public safety is of the utmost importance, counter-terrorism efforts have sparked apprehensions over potential infringements on human rights. The UAPA and similar laws have faced criticism due to its capacity to facilitate arbitrary detentions, and discriminatory profiling, right? This article examines the intricate task that India must be undertaking in order to maintain a fragile equilibrium. The statement underscores the importance of strong legal structures, transparent inquiries, involvement of the community, and a vigilant judiciary in addressing terrorism while upholding human rights, you see. International collaboration and tackling the underlying factors of terrorism are also vital components. India has the potential to become a global leader in addressing this worldwide problem by giving equal importance to security and human rights, like totally.734 views -
Drone Surveillance in Protecting Endangered Species: Regulatory Challenges and Opportunities in India
Student at Law College Dehradun, Uttaranchal University, Dehradun, IndiaPages 307 - 327The use of drone technology is a turning point for novel and improved methods of wildlife conservation in India. This article examines the multi-faceted roles that drones play in wildlife monitoring and conservation, and the potential for adoption of drones in augmenting current efforts. The article begins by providing an overview of the legal regime surrounding drone use in India by examining the Civil Aviation Requirements for Remotely Piloted Aircraft Systems, 2021 and other Acts protecting wild animals. It then confronts the legal and operational barriers to their use. Further, the article casts a glance back, by explaining how and why drones have been used in conservation. Case studies, illustrating the use of drone technology for Project Tiger and for conservation of elephants (examining cases of poaching using drones and use of drones for real-time monitoring and surveillance) set the pace for technological advancement. The article also considers how predictive analytics and artificial intelligence can aid in aligning conservation efforts with the real world and in engaging local communities who share their territory with rare and protected wildlife. Finally, through case studies, the article envisions public-private partnerships for wildlife conservation and leading strategies for the effective organisation of elected representatives. The article concludes by providing concrete policy recommendations to improve legal frameworks and to create standard operating procedures necessary for wildlife conservation through technologies like drones.780 views -
Exploring Copyright Infringement Patterns on Online Platforms: An Analytical Investigation
LLM student at P.E. Society’s, Modern Law College, Pune, IndiaPages 328 - 339An increasing number of people have decided to use the Internet to search for the resources and information they require since it became widespread. The Internet has progressively transformed people's life. Copyright is one of them. for that we need to understand copyright and its use, advantages and more important its infringements on online platforms. Numerous websites employ different strategies to safeguard copyright, including user agreements, takedown policies, and content identification technologies. With the aid of analysis, this non-doctrinal study explores the complex terrain of copyright infringement on digital platforms. The research attempts to identify underlying patterns, trends, and difficulties related to copyright infringement in digital contexts by utilizing both qualitative and quantitative approaches. The research aims to provide insight into the nuances of online copyright infringement by thoroughly examining real-world situations and use data analytic tools. The results of this study improve our knowledge of the relationship between copyright law and digital platforms by providing information that can guide the creation of new laws, technological advancements, and policy measures that lessen copyright infringement online.934 views -
Navigating through Perilous Waters of Media Trials in India
Student at Symbiosis Law School Hyderabad, IndiaPages 340 - 352The topography of media trials is often very complex, especially when viewed in relation with social media. While the Indian Constitution duly recognises right to free speech and expression under Article 19(1)(a), a crucial question looms- how far does this right extend? Legal scholars have time and again expressed concerns regarding unchecked media trials that hold the potential for catastrophic consequences. The Indian Judiciary has expressed apprehensions about media trials, delving into the consequential impact on the right to fair trail of the accused. This sparks an ongoing debate between the principles of free speech and expression and the imperative of ensuring a fair trial guaranteed under Article 21. This perpetual struggle prompts a deeper exploration into the hierarchy of fundamental rights, compelling us to ponder which right should take precedence over the other. Furthermore, the new age of social media has fuelled the persistent discourse surrounding media trials. Unlike traditional media trials, where reporters and new channels often possess formal training in media, the landscape of social media is dominated by amateurs motivated primarily by likes and followers leading to unethical media trials. Therefore, it is crucial to establish clear boundaries and mechanisms for accountability to ensure those participating in unwarranted media trails are held responsible. This research papers attempts to navigate through media trials in India while presenting a perspective on the debate between free speech versus fair trial. This paper endeavours to analyse the placement of social media trails in the Indian scenario. Additionally, it directs attention to the crucial aspect of accountability in the context of media trials.679 views -
The Commercial Courts Act, 2015 in India: A thorough Examination of its Role in Enhancing the Efficiency of Commercial Dispute Resolution
Student at Amity Law School, Noida, IndiaPages 353 - 372This paper conducts an in-depth analysis of the Commercial Courts Act, 2015 in India, with a specific focus on its pivotal role in augmenting the efficiency of commercial dispute resolution. The examination encompasses a thorough review of the Act's key provisions, procedural mechanisms, and the broader legal landscape in which it operates. Through a critical lens, the paper explores the Act's impact on expediting the resolution of commercial disputes, fostering a conducive environment for business, and enhancing overall judicial efficacy. The study combines legal analysis, empirical evidence, and case studies to provide a comprehensive understanding of the Act's implications on the commercial litigation landscape in India. This exploration serves as a valuable resource for legal practitioners, policymakers, and scholars interested in the evolution and effectiveness of commercial dispute resolution mechanisms.840 views -
Role of INTERPOL and RAW in Policing
Advocate at Patna High Court, IndiaPages 373 - 383The International Criminal Police Organization, commonly known as Interpol, plays a crucial role in combating transnational crime and terrorism in India. However, it also plays an essential role in India's policing by providing crucial information to law enforcement agencies on matters related to national security. The Research and Analysis Wing (RAW) in India has been instrumental in gathering intelligence and conducting covert operations to prevent crime and maintain national security in the country. This paper aims to analyse the role of INTERPOL and RAW and its work in crime-solving cases. The methodology used in this paper is the doctrinal, which will help in analysing the same.1,226 views -
Freedom of Conscience & the Right Freely to Practice of ‘Dharma’ under the Constitution of ‘Bharat’: A Critical Study
Associate Professor at Department of Law, D.A.V. (P. G.) College, Dehradun, IndiaPages 384 - 392Since the inception of human civilization, spiritualty has been one of the essential attributes of the dignified life. Physical means alone would not be sufficient for attainment of pious goal of the life. India that is ‘Bharat’ is the country known for its peculiarity of spiritualism since the very inception of human civilization, where there is freedom and respect for conscience of individual as well as group of persons. Bharat is a politically organized society which paves the way for flourishing all kind of freedom of belief, faith and worship. Individual’s personality cannot evolve positively unless there is inculcation of spiritual values which is nothing but ‘Dharma.’ Freedom of conscience creates an opportunity to explore the maximum width and dimension human personality. The conscience is consciousness of any people for satisfying the spiritual aspect of life which is intangible in the form and manifested through belief and faith which is actually ‘Dharma.’ Bhartiya Constitution has conferred fundamental rights on every person in the form of freedom of conscience and the right freely to profess, practice and propagate ‘Dharma.’ or religion of his own choice. In this research paper, there is an endeavour to have critical study on Freedom of Conscience & the Right freely to practice of Dharma under the Constitution of Bharat.542 views -
Legal Rights, Issues, and Challenges for Organ Donors in India
Ph. D. Scholar at Department of Law, University of Calcutta, Kolkata, IndiaPages 393 - 404In today's ultra-advanced age of medical knowledge, the average human life expectancy has been significantly increased. On the one hand, technology has introduced advanced means of invasive surgery, but it has also been exploited to exploit people. Human organ transplantation is one type of invasive surgery that can help an ailing patient live longer. Only specific organs in the human body can be transplanted, such as the heart, liver, kidney, and pancreas, and only in two scenarios can living people donate their organs for transplantation: the kidney and liver. In India organ transplantation is regulated by Transplantation of Human Organs and Tissues Act 1994 and Transplantation of Human Organs and Tissues Rules 2014. As a matter of fact Indian law criminalizes commercial dealings in human organs and makes any kind of payment punishable. In the given context this paper will analyze how far the rights of an organ donor is protected in India and whether they may be tagged as an offender in case they are receiving any payment in exchange of their organ? The paper also discusses how to move forward in order to create a workable solution that protects both the rights of a dying patient and the rights of organ donors.670 views -
Shakespearean Parallels: Bridging Past and Present Legal Debates and Modern Views
Student at MIT World Peace University, IndiaPages 405 - 422The classic and well-known drama "The Merchant of Venice" by William Shakespeare in the 16th century continues to attract the interest of young minds today with its rich tapestry of themes and characters. It is a love comedy written by Willian Shakespeare. In this research paper, the themes, ideologies, legal issues, and—most importantly—the contemporary perspective were explored through an analysis of William Shakespeare's play The Merchant of Venice. This article examines a variety of topics, including the well-known courtroom drama, romance, inequity, a small portion of the LGBTQ+ population, the distinctions between Jews and Christians, women's empowerment, and many more topics. This research attempts to comprehend the complex moral and ethical difficulties that drive the story by thoroughly examining major moments and characters such as Shylock, Portia, and Antonio. The play revolves on a number of individuals, one of which is the Jewish moneylender Shylock, who serves as a central figure for examining themes of discrimination and prejudice. This encourages contemplation on age-old problems of acceptance and tolerance by illuminating the cultural attitudes toward "the other" in Shakespearean Venice. In addition, the article explores the ethical and legal aspects of justice, especially as they relate to the well-known trial scenario that Portia ruled over while posing as a legal expert. All things considered, this paper provides a thorough analysis of Shakespeare's "The Merchant of Venice,". Through exploring the intricacies of character relationships and thematic complexities, it aims to highlight how Shakespeare's works continue to influence our comprehension of core human values.651 views -
Law and Policy against Terrorist Activities in India: A Critical Study
Student at Uttaranchal University, Law College Dehradun, IndiaPages 423 - 431Terrorism has emerged as a contemporary menace to global tranquility, specifically posing a significant risk to India's national security. Terrorists are enhancing their intricacies and capabilities in every facet of their operation and assistance. The accessibility of weapon technology has significantly upsurging, and terrorist organizations are gaining more purchasing power due to the easy availability of both technology and skilled persons to operate it. Terrorists pose a momentous threat not only to the verity of democracy and freedom, but also to the survival, strides, and growth of humanity. There is a requirement for Onerous measures to avoid terrorism. If a law concerning terrorism is implemented, it should be crafted with such strictness that the offender is held accountable and does not escape vengeance due to any legal loopholes or gaps. The necessity of enacting herculean legislation to address terrorism should not be underestimated. However, the issue lies in the execution of these laws and the potential misuse of authority granted to the authorities under such legislation.729 views -
Above and Beyond: The Strategic Significance of Drone Surveillance in Contemporary Warfare
Student at St. Joseph’s College of Law, Bengaluru, IndiaPages 432 - 443In the contemporary era, technology has seen a rapid growth, typically in defence agencies, government corporations, artificial intelligence, cyber crimes, military surveillance and satellite. Today the threat of terrorism and proliferation are the greatest ones to our security. Transformative impact of surveillance technology has been witnessed globally in areas including legislation, cultural norms, and advancements. This paper essentially explores the multifaceted ways in which technology is employed for defence purposes explaining its pivotal role in enhancing strategic intelligence and crisis response capabilities. It emphasizes legislative measures, technological safeguards and collaborative efforts to strike a balance between the positive effects on technology and its protection on individual rights. The study also takes into account the difficulties associated with cross-border data exchange, societal ramifications, and regional differences when implementing surveillance techniques. It also indicates how crucial technology is in the contemporary world as military plans, stressing on the manner in which it protects people, secures borders, and upholds national sovereignty in the world in which it is evolving and becoming more interconnected and complex. To conclude, the researchers are trying to signify the need to navigate the future of advanced technology by considering ethical guidelines and implications for individual privacy and social structures.567 views -
Unfair Trade Practices: A Legal Analysis within the Scope of Competition Act, 2002
LL.M. Student at SRM University, Haryana, IndiaPages 444 - 452Unfair trade practices represent a significant challenge within the realm of competition law, necessitating a thorough legal analysis within the purview of the Competition Act, 2002. This paper delves into the multifaceted landscape of unfair trade practices, aiming to elucidate their legal intricacies, historical underpinnings, enforcement mechanisms, and socio-economic ramifications. This research paper provides a comprehensive examination of unfair trade practices within the framework of the Competition Act, 2002, focusing on their legal analysis and implications. The study addresses six key research questions to unravel the intricacies of this complex subject matter. Firstly, it delves into the definition and various manifestations of unfair trade practices as delineated under the Competition Act, 2002, exploring the legal nuances and precedents that shape their interpretation. Secondly, it traces the historical and legal foundations of competition law, elucidating how the legislative framework has evolved over time to confront modern unfair trade practices. Thirdly, the paper scrutinizes the primary legal mechanisms and enforcement tools available to combat unfair trade practices, assessing their efficacy in practice through a critical lens. Fourthly, it examines the multifaceted impacts of unfair trade practices on consumers, businesses, and overall market dynamics, dissecting the economic and social ramifications therein. Fifthly, the study identifies and analyses the major challenges faced by regulatory authorities in identifying, preventing, and addressing unfair trade practices, offering insights into potential solutions. Finally, the paper proposes recommendations for strengthening the effectiveness of competition laws in addressing emerging unfair trade practices, paving the way for enhanced regulatory frameworks and policy interventions.786 views -
The Involvement of Humanitarian Actors in the Ongoing Crisis of the Northwest and Southwest Regions of the Republic of Cameroon
PhD student of Pan African Institute of Governance and Integration, Africa.Pages 453 - 470The conflict-stricken North West and South West regions of Cameroon formally called West Cameroon is a British colony by virtue of the defeat of the Germans during the 1st world war of 1919 and the League of Nation Trusteeship Agreement. Due to the demand of independence and political infighting, on the 1st of October 1961 West Cameroon gained their independence by joining East Cameroon as a federated state and in 1972, the federated states were transformed to a unitary state under the name of the United Republic of Cameroon. 50 years thereafter as one nation though with differences in education, culture, language and legal system, the suppressed ideology of Anglophone marginalization sprang up resulting to the demand for separation call the Anglophone crisis under the banner of the Ambazonia struggle of independence through secession. This crisis has ignited the need for humanitarian intervention due to the gross violation of human rights. Due to the untold suffering, displacement of persons, mass graves, hunger, diseases and continues fighting, humanitarian actors saw the need to intervene so as to safe lives, encourage peace through dialogue and ensure accountability Since the outbreak of the crisis in late 2016 till present, humanitarian actors have saw an upsurge in violence between armed separatist fighters and State Defense and Security Forces (SDF). State DSF intensified crackdowns on anyone suspected of either being a separatist fighter or having any links with the latter. Also, separatist fighters likewise intensified attacks on any individual suspected to be collaborating with state DSF. Humanitarian actors have monitored and documented human rights violations and abuses including: arbitrary arrests and detention; kidnapping and ransom taking; extrajudicial killings; targeted killings; torture and other forms of cruel, inhuman and degrading treatment; arson attacks and property destruction; attacks on protected areas like chief palaces and schools; attack on traditional and religious authorities; attacks on the right to education; rape and other forms of sexual assault.702 views -
Laws Relating to Abortion in India: Comparatively is Progressive and Humane
Professor at Department of International Law, The Tamil Nadu Dr.Ambedkar Law University, Chennai, Tamil Nadu, IndiaPages 471 - 490Abortion Laws rely essentially on deciding when life begins and Societies will always debate upon. An important piece of Legislation speaking to India about half of India has gone largely unapplauded. In late January 2020, the Union Cabinet amended the 1971 Medical Termination of Pregnancy (MTP) Act allowing women to seek abortions as part of Reproductive rights and Gender Justice. The Amendment also places India in the top league of Countries serving women who wish to make individual choices from their perspectives and predicaments. The Amendment has raised the upper limit of MTP from 20 to 24 weeks for women including rape survivors, victims of incest, differently abled women and minors. Failure of contraception is also acknowledged and MTP is now available to “any woman or her partner” replacing the old provision for “only married woman or her husband.” The New Law is forward looking, empathetic and looks at a very sensitive issue with a human face. India’s move comes at a time when the landmark Roe v. Wade in the Supreme Court of the United States (US) is under scrutiny. “India will now stand amongst Nations with a highly progressive law which allows Legal Abortions on a broad range of Therapeutic, Humanitarian and Social grounds. It is a milestone which will further empower women, especially those who are vulnerable and victims of rape,” That 1973 judgment protects a pregnant woman’s liberty to decide whether or not to have an abortion without needless Government restrictions. A Historic piece of Legislation, it served as a beacon of hope for women around the World. The MTP Act of 1971 was enacted at a time when most Countries lacked comparable Legislation. As a result of the preference for male foetuses over female foetuses in India, female foeticide and pre-natal determination of sex were criminal offences at the time, making it a significant breakthrough. Regarding abortion, the paper examines the extent and rationale for State intervention as parens patriae to protect the health and well being of both the Mother and the Embryo at the National and International level. The Global situation appears to be dire. According to a UN Report, 98% of Countries permit abortion to save a woman's life. This is a very encouraging statistic. In actuality, a woman's existence in the Twenty - First Century is limited to her limbs and body. This is supported by the fact that only 34% of Countries permit abortion solely on the request of the woman in cases of unintended pregnancy. This Article will sum up the current Indian Laws and the need for all Nations to move towards upholding womanhood and the autonomy of her Privacy, Rights, and Decisions.579 views -
Exploring Crisis Driven Foreign Direct Investments in India
Student at Institute of Law, Nirma University, IndiaPages 491 - 505This paper explores the intricate relationship between economic crises and Foreign Direct Investment (FDI) in India. It examines how various crises, from the Asian financial crisis of 1997 to the global financial crisis of 2008, have impacted the volume, nature, and strategies surrounding foreign investment in the Indian market. The analysis reveals a clear correlation between economic crises and a decline in FDI inflows. The impact seems to be more pronounced during global crises compared to regional ones. Understanding these historical trends is crucial for policymakers as they formulate strategies to attract and retain FDI in the face of future economic turbulence. The paper also delves into investor behavior during crises. Investors tend to adopt either risk aversion or opportunity-seeking strategies. The interplay between these approaches defines investment patterns during economic downturns. Furthermore, the paper examines the FDI strategies adopted by India during crises. These strategies include a mix of liberalization, incentivization, and initiatives like "Make in India" aimed at creating a more investor-friendly environment. Finally, the paper explores potential areas for improvement in government responses to crisis-driven FDI. This includes enhancing policy transparency, streamlining approval processes, strengthening local linkages, and offering incentives for sustainable investments. By focusing on these areas, India can build greater economic resilience and weather future crises more effectively.657 views -
Social Media Influence on Juvenile Crime Rates: An Indian Perspective
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 506 - 528The study explores the psychology behind the growing trend in India of juvenile crimes triggered through social media, where digital platforms either act as tools for sociability as well as catalyst in crimes. It examines the micro- and macro-level factors associated with social learning (differential association and social isolation) and strain theory (negative life events and differential socialization), which can pave the way for juveniles to be involved in criminal activities, as a result of their social media exposure, especially on platforms such as Instagram, Facebook and earlier TikTok. The study examines the crimes committed by juveniles mostly through social media, such as cyberbullying, digital thefts, and attack through morphed videos/objectionable pictures/pornography. The Indian legal framework, including the Indian Juvenile Justice (Care and Protection of Children) Act 2015 and the IT Act 2000, is analyzed to trace the shortcomings of the legal system in dealing with these contemporary issues. With juveniles involved in crimes through social media platforms increasing, the study suggests an integrated approach blend of legal reforms, technological interventions and extensive educational programmes to curtail the trend.2,647 views -
Digital Healthcare, Legal Care: Analyzing Doctors’ Rights amidst Technological Growth in Indian Medical Tourism
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 529 - 549This paper argues how advancements in science and technology impact doctors’ rights and patient safety in the ever-expanding field of medical tourism in India. The digital transformation of health care due to telemedicine, artificial intelligence (AI) diagnostics and electronic health records (EHRs) brings about various complexities. This includes legal challenges like data privacy, informed consent, legal enforceability of healthcare contracts and cross-jurisdictional health care delivery. The paper opines how the legal framework of medical practice in India, evolving under the Indian Medical Council Act, Telemedicine Practice Guidelines, and a proposed data protection law, ensures doctors’ rights and patient safety. Against the rapidly changing legal landscape of medical tourism and digital health care, the legal instruments ensure the easy growth of the sector in India as a medical tourism mecca.568 views -
Right to Reservation in the special reference of Jaishree Lakshman Rao Patil v Chief Minister, Maharashtra SLP(C) 15737/2019
Advocate and Solicitor at Lex Chambers New Delhi, IndiaPages 550 - 566The Indian constitution grants citizens of the country right to reservation as a right which insures a guarantee that every citizen Is treated equally and no discrimination would take part in anyway possible. The reservation right is given to the weaker section of the society which includes any discriminated persons who is discriminated on the basis of religion, sex, colour, caste, creed, and economic backwardness. This paper is regarding different case studies and precedents which will elaborate people’s mindset about reservation policies in India, then there is an analysis about opinions of different jurists in lieu of our main case Jaishree Lakshmi Rao Patil v Chief Minister, Maharashtra SLP(C) 15737/2019 and some other major cases. In the end I will define my opinion regarding the developments that should be made by government and society to promote weaker sections of the society and make sure that no one is getting undue advantage of it.1,034 views -
The Complex Terrain of Digital Copyright Laws in India’s Gaming Industry
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 567 - 590The Indian gaming industry is growing at a rapid pace, propelled by advancements in technology and a youth demographic that is quickly embracing this new hobby. Amidst this growth, there are several challenges in the form of Copyright Laws that exist on a digital medium, and the young programmers who are grappling to evolve and create new games face these issues. This article will therefore look at the evolution of Copyright Laws in India and discuss how they apply to the gaming sector today. This article will argue that the use of gaming today is far removed from that of playing on a traditional brass-framed arcade box, and that today’s digital gaming is based on creating games through a combination of AR, VR and AI. With this form of gaming, comes certain challenges in the form of protecting creators from piracy and plagiarism, and the judicial and quasi-judicial apparatus in India has worked to put in place boundaries to protect the interests of creators and promote innovation. The Copyright Act of 1957 in India forms the backbone of the law and was amended for the first time in 1984, and again in 1994. Legally, the plays within the digital medium require a nuanced approach to copyright infringement. The judiciary is now faced with the more difficult task of deciphering whether the infringement occurred in the online medium only. The 2000 WTO agreement under the TRIPS is another facet that influences balance the principles of this trade. It is clear that there is a need to reform copyright law to meet the needs of the gaming industry and the young entrepreneurs who are driving it.642 views -
International Liability of Commercial Space Activities and Space Debris
LL.M. student at IFTM University, Moradabad, IndiaPages 591 - 606Space activities are generally sophisticated and involve a high frequency of risk. Notwithstanding the precautionary measures that are taken by the commercial operators in any point of time which include launch , passing through air space , in-orbit manoeuvring and operating and de-orbiting , the rules and procedures are aimed to ensure the prompt payment of a full and equitable compensation for such damage constitute the international liability regime , which is a crucial importance in space law. The very first reference of international liability for damage caused by the space objects and their components on Earth can be traced back to the very beginning of the space era. The United Nations General Assembly had declared the international liability, as one the legal principles , governing the activities of states in the exploration and use of outer space , just a few years after the first ever artificial satellite was launched in 1963. This was later made legally binding by the inception in the 1967 Outer Space Treaty and has received further development in the 1972 Liability Convention. The latter is generally referred to as lex specialis when the interrelation between the two international treaties is described and introduces several provisions that treat liability for damage caused in specific circumstances somewhat differently. International Space Law imputes liability on states that launch or procure launchings of space objects and states from whose territory or facility space objects are launched. This does now however exclude the liability of damages caused by the space objects that are operated by the private entities. International Liability for accidents involving commercial operators stays with the so-called launching states , as this term is defined by the Liability Convention for same states that are listed in the Outer Space Treaty as internationally liable. The damages and liability issues although are well known and are addressed by the Insurance , however, it is not always mandatory. Often , space-related accidents involve dysfunctional space objects and their parts which are referred to as ‘Space debris’. This may include parts like spent rocket stages and defunct satellites , fragments from their disintegration , etc. Since the non-functional state of a space object does not change its legal status , the relevant provisions of international space law that are applicable to space objects continue to apply to what is called space debris. There are certain practical problems which arise with identification of space debris and consequently , an efficient implementation of the liability regime.845 views -
An Analysis of the Perpetuation of Violence against Women and special provisions for Women in India
Student at The West Bengal University of Juridical Sciences, Kolkata, IndiaPages 607 - 627India is a country of paradoxes. One of the largest democratic countries in the world and a huge population running in crores, the Indian society, patriarchal in composition, well defines the duties of women as daughter, wife, and mother but the same is coupled with very few rights enjoyed by them. With the passage of time, even in the modern era, women in India unfortunately continue to face uncountable issues at home and in the society since their youth. The feminist strive for equal rights has been paved through legislation and provisions, be it the Suffragette movement and the right to vote, to employment rights, protection rights, property rights, or rights concerning divorce and marriage to child-care. However, although these rights exist on paper, the depth of the issue runs deeply into the patriarchal mindset of the many in the country. Innumerable kinds of wrongs are perpetuated against women, from their very birth. Various factors ranging from sociodemographic, cultural, lack of sufficient awareness regarding their rights, media, etc. play a role in this continued saga of women being treated as inferior, lacking the safety or basic rights they deserve, and being pulled down rather than being uplifted. These days, it is not uncommon to have questions like; has our legal system sustained with social change? Do rights guarantee justice? Are citizenshipp rights gendered? In this light, the first half of this paper aims to study the kinds of violence committed against women, the factors behind the same and various prevention mechanisms that can be adopted in this regard. The second half deals with the various legal provisions and laws for women that we have in place and the loopholes in the legal system of India, followed by suggestions by the author and lastly, the conclusion.565 views -
Medical Negligence in India: A Critical Study in the Light of Interpretation of Law by the Apex Court
Student at Law College Dehradun, Uttaranchal University Dehradun, Uttarakhand, IndiaPages 628 - 640This paper describes the concept of medical negligence , it explains the meaning and essentials of medical negligence in general. The paper throws light on the principles that are being used and considered in the context of medical negligence. All the cases that have happened so far and what were the opinion, suggestion and judgement of the Hon’ble courts along with the principles that were provided by the courts to judge the medical negligence are incorporated in the paper. Not everything was beforehand provided about medical negligence since start, it was the ability and judgemental capability of our judiciary that we’ve come up to a system of adjudication for medical negligence, therefore precedents and judgements of courts form the core basis of this paper.678 views -
An Empirical Study on the Solitary Confinement and a Comparison between Countries
LLM student at Tamil Nadu Dr. Ambedkar Law University, Chennai, TamilNadu, IndiaPages 641 - 653In India there are various intensive orders gave by the court to the caught. However, the capital confinement of capital punishment is the best most outrageous controls. The bit of capital punishment is the solitary confinement. Solitary confinement is a kind of confinement where a detainee is withdrawn from any human contact, every now and again aside from people from prison staff, for 22–24 hours out of every day, with a sentence going from days to decades(Brinkley-Rubinstein and Johnson). It is generally used as a kind of control past detainment for a prisoner, ordinarily for encroachment of prison headings. In any case, it is moreover used as an additional proportion of security for weak detainees. By virtue of prisoners at high threat of suicide, it tends to be used to prevent access to things that could empower the prisoner to self-hurt. Regardless, this kind of order is incredibly intensive. The physiological effect of this order impact the minds of the repelled individuals. Later there isn't any increasingly solitary confinement gave regardless of the way that the individual presents a serious movement. There are various clarifications behind the execution and the rejection of the solitary confinement. The legitimate procedural execution is furthermore so veritable. In order to research this kind of control under law, an investigation has been made. Casing this paper we can find something about the solitary confinement.612 views -
Discussion on the Rise of Marriage Age of Women in India: A Reformative One or Not?
Assistant Professor at The Central Law College, Salem, Tamil Nadu Dr. Ambedkar Law University, Tamil Nadu, IndiaPages 654 - 677The reason to establish minimum allowable marriage age for women is marriage before 18 is considered to be harmful practice because it denies the right to the highest attainable standard of general, sexual, and reproductive health, and to a life free from violence. The highest level of child marriage are found in west and central Africa. India established the marriage age of women in 1929 as 14 years and finally established as 18 years in 1978. Vedas didn’t encourage child marriage and philosophy of Vedas had restriction on child marriage. In Vedas marriage age of male is 25 and marriage age of female is 18. The question of increasing the minimum age of marriage for males and females has been considered in the present context when there is an urgent need to check the growth of population in the country. Such increase of minimum age of marriage result in lowering the total fertility rate on account of lesser span of married life. It will also result in more responsible parenthood and in better health of them mother and child. Their conviction is chosen by the arrangements of laws. Furthermore these laws are made by considering various traditions observed by that religion. Indians are keeping these laws since the frontier time frame. According to Qur’an reaching puberty is not the correct age for marriage, but reaching the maturity is the right age of marriage. It is a shame that the Act of USA on marriage and establishing marriage age is nowhere near reformative. There is no uniform statute regarding marriage and marriage age. The Indian Constitution ensures orientation equity as a feature of the basic freedoms and additionally ensures denial of segregation on the grounds of sex.784 views -
Euthanasia: A Study of Right and Wrong
Student at Amity University, IndiaPages 678 - 696Every person wishes to live and experience life to the fullest extent possible before passing away. But occasionally, a person may wish to end his life through non-natural means. A symptom of abnormality is to end one's life in an unusual way. When a person takes their own life, it is referred to as "suicide," but when another person terminates a person's life at the deceased's request, it is referred to as "euthanasia" or "mercy killing." Most often, euthanasia is connected with those who are suffering from a fatal illness or have become incapacitated and don't want to spend the remainder of their lives in pain. The option to live or die should be available to those who are seriously ill or disabled. All people should have the option to live or die; it shouldn't just be reserved for healthy, able-bodied people. Euthanasia is a contentious topic that touches on our society's morality, values, and beliefs. The practise of euthanasia has generated considerable controversy worldwide. Since euthanasia has been legalised in the Netherlands and England recently, the argument has gained in importance. As a result, there is currently intense debate about whether or not to emulate the Dutch model in many countries throughout the world. In a recent case involving Aruna Shanbaug, our Supreme Court made a judgement approving passive euthanasia in India.704 views -
Problems Faced by LGBTQIA+ Community in Coimbatore District
Student at School of Excellence in Law, The Tamilnadu Dr. Amdedkar Law University, Chennai, IndiaPages 697 - 714In India, the LGBTQ community has been legally recognized and acceptable even though the LGBTQ community faces problems. This research has discussed the major problems of the LGBTQ community and the main reasons and factors for the problem. Discrimination in society and lack of family support are the main reasons for the problems faced by the LGBTQ community. Lack of family support leads to LGBTQ young adults being more likely to attempt suicide, use illegal drugs, and engage in unprotected sexual intercourse. This research study has collected the primary data in the questionnaire through Google Forms. This study was conducted on 50 LGBTQ respondents among all age groups from Coimbatore District. The results are analyzed and some suggestions are given at the end of this study.957 views -
Religious Liberties in India and Indonesia: A Comparative Perspective
Advocate at High Court of Chhattisgarh, IndiaPages 715 - 726The comparative study of India and Indonesia’s right to freedom of religion is a significant area of research that examines the constitutional frameworks and legal provisions of both countries in relation to religious freedom. Moreover, it highlights the complexities and challenges that arise from the interplay between religious beliefs, cultural practices, and constitutional guarantees. This paper delves into the legal frameworks of India and Indonesia, two vibrant democracies grappling with the complexities of religious freedom. The analysis examines the constitutional provisions, legal and practical limitations, and the implications of these frameworks on the right to religion in both countries. The research highlights the significance of religious liberty as a cornerstone of liberal democracies, emphasizing its importance in the Indian Constitution’s secular framework and Indonesia’s constitutional recognition of the "one and only God." The study reveals the challenges faced by both countries in balancing the rights of religious majorities and minorities. In India, the majority Hindu population coexists with other religions, while Indonesia’s majority Muslim population is accompanied by other faiths. The research recommends that both countries adopt a more inclusive approach to religious freedom, safeguarding that the rights of all religious communities are protected and respected. The study concludes that a nuanced understanding of the legal frameworks in India and Indonesia is vital for encouraging religious liberty and nurturing a culture of tolerance and respect for diversity.874 views -
Conflict on the Fringes: Legal Remedies for Human-Wildlife Conflicts in India
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 727 - 745This article outlines the complex issues of Human-Wildlife Conflict (HWC) in India, and its causes and effects. It also highlights the legal and policy measures introduced to address this problem, along with the judicial responses and landmark cases, which illustrate the role of the judiciary in HWC mitigation. It ends with some adverse notes on present legal aspects such as lack of implementation, policy conflict and a gap in awareness and capacity, that could help them devise better HWC mitigation measures in times to come. India being one of 17 mega biodiverse countries in the world, its ecosystems are home to a wide variety of flora as well as fauna. With an increase in the human population, humans and wildlife are moving from niche areas to shared habitats, leading to multiple interests of these species in common spaces and consequently HWCs. A common manifestation of the HWC is a raid on the crops, attack on cattle, damage to property or people. Through legislative measures in the Wildlife (Protection) Act 1972, The Forest Rights Act 2006, along with policy measures in National Wildlife Action Plan and Project Tiger, this conflict is tried to be mitigated while also taking into account the goals of conservation of wildlife and people. This legal and policy framework has largely seen the judiciary as a strategic partner in the war against HWC. The judiciary adjudicates the land disputes between humans and wildlife, establishing a green and more congenial way to mitigate. This article wraps up with certain stark issues in the present legal framework like lack of implementation, policy conflict, a gap in knowledge and capacity that could help them design better HWC mitigating measures in times to come.1,113 views -
The Right to Silence vs. The Science of Interrogation: Re-Evaluating Self-Incrimination in the Digital Age
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 746 - 764The intersection of the right to silence and the evolution of interrogation techniques, fueled by rapid technological advancements, necessitates a critical reassessment of self-incrimination principles, especially within the digital domain. This article delves into the complex dynamics of traditional legal protections against self-incrimination in the face of innovative digital interrogation methods, with a focus on the Indian legal landscape. Through an exploration of historical perspectives, constitutional foundations, and the transformative impact of technology on interrogation practices, it examines the challenges and opportunities presented to the legal framework. The discussion is enriched by a comparative analysis with international standards, a review of scientific and ethical implications of modern interrogation technologies, and a critique of the legal and practical ambiguities they introduce. By analyzing landmark Supreme Court judgments and proposing future directions for the legal treatment of self-incrimination in a digital age, the article contributes to the broader discourse on balancing individual liberties with the demands of effective law enforcement.788 views -
Harmonizing Business and Ecology: Unveiling Environmental Social Responsibility in Corporate Strategies
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 765 - 776Corporate Social Responsibility is a modern concept that focuses on the obligations of corporate on social welfare. It is done by the investment of certain limit of profit in public welfare activities like education, poverty, environment, hunger etc. Although this concept is not defined anywhere but it can be understood very easily in its application. It is a multi-disciplinary concept and can be studied in environment, social, economical aspect. Through thus research paper, it is studied in automobile sector with the collection of the secondary sources data through a thorough literature review. It is based on quantitative analysis of the companies like Tata Mahindra, BMW, ford etc. the data has been examined through various books, articles, newspaper, journals. The paper talks about the scheme of the companies to serve the welfare of the society through corporate social responsibility at global level and the steps taken in automobile industry by these big companies to serve environment, education, safety and welfare of the public. It tells about the implementation of the Corporate Social Responsibility policies in India as well as the foreign. Through this research the concept of corporate social responsibility is studied in detail and it is known whether it exists only India or outside it.604 views -
Significance of R.M.D. Chamarbaugwala Case in Establishing Rules of Interpretation
LL.M. student at Savitribai Phule Pune University, Pune, IndiaPages 777 - 784India has one of the most convoluted gaming and gambling histories in the world. A dice was discovered by the archaeologists who contend that it dates back to 3300 BC and is made up of terracotta and sandstone. In this case, the petitioners, who were advertising and running prize tournaments in various Indian states, challenged the constitutionality of the Prize Competitions Act (42 of 955), Section 4 and 5, and Rule 11 and 12 framed under Section 20 of the Act. These petitions were filed in response to Article 32 of the Indian Constitution. Their argument was that a ‘prize competition,’ as defined in Section 2 (d) of the Act, included not only gambling competitions but also those acts in which success depended to a significant degree on skill, and that the Sections and rules infringed on their (the petitioner’s) fundamental right to conduct business and therefore are violative of fundamental right guaranteed to every individual under Article 19 (6) of the Constitution. They also contended that the said part of the Act cannot be severed from it, hence the entire Act should be declared as invalid. Application to all types of competitions by virtue of the definition in Section 2 (d), and that they were severable in their application to competitions in which accomplishment is not dependent on skill to any significant amount. In this case, doctrine of severability played a major role while giving the judgement by the court. As it was in dispute whether Section 4 and Section 5 and also rule 11 and 12 of the Act is void in its application to those competitions in which success did not depend on any skill. Hence, it was to be decided by the court with reference to application of doctrine of severability that a statute which is void in part will be treated as void in overall or whether the valid part is capable of enforcement. In this research paper, we will focus only on the significance of the R.M.D. Chamarbaugwala case in establishing rules of interpretation .646 views -
Understanding Anti-Competitive Agreement Practices and India’s Fight Against Them
Student at Vels School of Law, Chennai, Tamil Nadu, IndiaPages 785 - 803This research paper goes into the complex world of anti-competitive agreements as well as the legal framework that surrounds them in India. It examines the Competition Act of 2002, covering the definition and several sorts of anti-competitive agreements such as price fixing, rigging bids, market allocations, and production limiting. The economic consequences of such agreements, including consumer damage, market distortion, and stymied innovation, are well investigated. This article provides light on the effectiveness of legal measures in combating anti-competitive activity by conducting an in-depth examination of the enforcement systems and penalties in the Competition Act, encompassing the process of investigation, adjudication procedures; and leniency provision. Furthermore, via case studies and global perspectives, it sheds light on comparative antitrust legislation and competition authority collaboration. Finally, it discusses the problems and future prospects, underlining the significance of tackling emerging trends like digital marketplaces and improving leniency provisions. This extensive analysis contributes to a deeper comprehension of anti-competitive agreements as well as emphasises the importance of strong competition law enforcement in ensuring fair and competitive markets.892 views -
Issues and Challenges in Combating Human Trafficking: A Comparative Study
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 804 - 819The world has for an enormous time frame outline range been tortured by the evil of unlawful cheating. An inevitable pandemic makes solid miserable and insufficiencies both mental and reliable cutoff points. In their universe, the words "headway" and "improvement" are untouchable They go on through a wide diagram of silly treatment and withdrawal. It is a key subject for contemporary typical entrances and social entryways. Another alliance twirl around completed in the US suggested that there could rely upon 27 million hardships from unlawful abuse from one side of the world to the next. Safeguarding young people from the repugnancies of the remainder of the world, fostering an environment that stays mindful of their new turn of events, and safeguarding their basic commonplace opportunities are critical. There are correct now stand-out endpoints in the system for these people's better stands, even with the public power's enhancements of each and every sort's and rules set up. A more goliath perception of conditions like this one ought to give each disaster from unlawful deluding in the country a status and support their consideration. The paper looks at the several issues that Indian overcomers of unlawful misleading face; gigantic extents of them see feeling scared and tainted, encountering inconvenience finding certifiable depiction, and having a high entrance becoming challenges again in their own country. From now forward, endlessly a really delayed time interval, the assessment shows that more obvious trouble centered ventures ought to assist occurrences and thought with critical strong regions for majoring for a for any subsequent convictions related with unlawful misdirecting. Its will probably look at the issues and loads hardships face there as well as the vivacious status of unlawful misleading guideline in India.519 views -
Sikkim: Unveiling India’s Secret Tax Paradise
Student at Law College Dehradun, Uttaranchal University, Dehradun (Uttarakhand), IndiaPages 820 - 826This article analyses the unique tax structure of Sikkim, a state in north-eastern India, and the attempts by the government of India to prevent fraud and misuse of its special tax status. The article outlines the history of Sikkim – including its accession to the Indian Union in 1975 – and its economy, as it is the first organic state of India and a major producer of cardamom. It then narrows in on Sikkimese tax law – specifically, the Sikkim Income Tax Manual of 1948 – and its unique nature, which grants certain tax exemptions to Sikkimese residents leading to instances of tax avoidance schemes and case-law decisions relating to them. The article delves into the misuse of certain provisions of Sikkim’s tax laws, including schemes of tax evasion using shell companies, as evidenced by the 1980 Gift Scam. It then discusses the legal and regulatory responses of the Indian government to such cases, which include amendments to the Income Tax Act and the use of enforcement agencies such as the Serious Fraud Investigation Office. In conclusion, the article suggests certain steps to prevent the misuse of Sikkim’s special tax status while upholding its special status. It emphatically opines that the different institutions of the Indian government, particularly the executive, legislature and the judiciary, must co-operate on this task.705 views -
Cultural Traditions and Women’s Rights in India: Navigating CEDAW Principles with Respect to Reproductive Rights
Student at REVA University, IndiaPages 827 - 837Reproductive rights, fundamental to human rights, enable individuals to freely decide on the number and spacing of their children, intertwining with socio-economic, religious, and cultural influences. In India, these rights are shaped by societal norms and are critical in advancing women's broader human rights. A woman-centered approach to reproductive health acknowledges women as autonomous beings capable of making informed decisions beyond biological constraints. This perspective is essential for recognizing women's rights to reproductive autonomy, closely linked to their societal status and legal capacity. Reproductive rights encompass the ability to make choices about reproduction, including pregnancy continuation or termination and selecting contraception methods. These rights are vital for empowering women to make personal health decisions, emphasizing the importance of autonomy and informed choice in reproductive health.711 views -
Corporate Governance Speaks! – A Responsible Individual becomes Responsible Leader
Law Officer at NLC India Ltd., IndiaPages 838 - 844To examine the role of the Board in a company's success, this paper aims to provide a concise overview of relevant corporate scandals and triumphant corporate narratives. A brief inquiry reveals that the deterioration of a company often begins at its core, namely, the Board. While there has long been interest in understanding the connection between Board performance and corporate achievements, this paper advises researchers to learn from past mistakes. These errors include relying solely on assumptions such as ethical erosion within the Board as the cause for corporate failures, as well as using single performance measures to comprehend this relationship. To gain deeper insight into this subject matter, it is suggested that a more purposeful approach be taken. This involves revisiting past corporate scandals and contrasting them with successful stories within corporations. By doing so, we may be able to identify cause-and-effect relationships and shed light on areas that require further focused research. Such endeavours would undoubtedly bring immense value to this crucial field of study. The purpose of this study is to examine the impact of the Board on company performance using real-life examples and information from secondary sources. The prime focus will be on specific corporate scandals and successful corporations that demonstrate good corporate governance practices. A hybrid methodology, combining theoretical and qualitative techniques, will be utilized, relying on information gathered from secondary sources. Upon initial examination, it becomes apparent that it is the Boards themselves that are responsible for failures in adhering to good corporate practices, leading to a decline in overall company performance. Upon closer examination, it becomes evident that there is a deeper layer of complexity to the situation. It appears that external auditors, who are entrusted by the public, have learned from their past errors, and have now made it customary for stakeholders to view their actions of adhering to fines as signs of accountability. Surprisingly, neither regulators nor stakeholders have taken strong action against them in most of the scandals. This study further recommends focussed research on these issues.537 views -
When Healing Hurts: Navigating the Maze of Medical Negligence in the Tech Era
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 845 - 864With the tech and digital turns in medicine, medical negligence has become a complicated legal landscape, creating new opportunities, as well as challenges. This document analyses the problem of medical negligence into the tech era. It is contextualized in the Indian context, taking into account the legal framework of negligence, as well as the multitude of medical technologies that we have today, such as AI diagnostics, telemedicine, electronic health records, to analyses their implications on patient safety, healthcare quality and the legal or ‘best practice’ standards of care. The document finally offers some recommendations concerning legal reform, ethical frameworks, patient and provider education, and the regulation of medical technologies. It is highlighting the growing need for interdisciplinary collaboration and for Research and Development efforts to ensure that medical technologies afford the best possible and safest chance of success for human health and wellness, promoting safe and ethical technologies in our medical practices and improving patient care.618 views -
Offence of Sedition under the Backdrop of Freedom of Speech and Expression: A Comparative Study
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 865 - 873Freedom of speech and expression is often regarded as the fundamental right that underpins a free and democratic society. It is recognized as the cornerstone of individual self-development and is considered the most important of all rights. The virtues of democracy are praised due to the inherent presence of freedom of speech and expression. This freedom has been granted a paramount position in nearly all countries across the globe. The exercise of freedom of speech and expression can only be restricted according to the legal process. Sedition laws are one of the measures that might be implemented to limit freedom of speech in order to maintain public order. The absence of sedition as a basis for imposing restrictions on the freedom of speech and expression is notable. The Study used a doctrinal approach to examine and evaluate the legal framework governing freedom of speech and expression, specifically focusing on sedition laws in India, the United Kingdom, and the United States of America.578 views -
The Role of Consent in Euthanasia: Autonomy vs. Paternalism
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 874 - 891The brief examines the place of autonomous decision-making in the legal regulation of euthanasia in India. It is a detailed exposition of the functioning of the notion of consent in the legislative and judicial frameworks on euthanasia, the debate being around striking the right balance between facilitating the individual patient and protecting her from self-abuse and other forms of mistreatment through paternalistic state intervention. It is argued that, if India’s pluralistic context presents challenges of their own, the end-point vis-à-vis facilitating the individual’s right to make autonomous choices ought not to be liable to derision on that ground: namely, that they’re hopelessly behind the West. The focus of the essay to some extent rests on the role of consent under the right to choose, as elaborated across two landmark decisions of the Supreme Court that have shaped the legal debate: the Aruna Shanbaug case and the passive euthanasia case. While the former is regarded in the essay as having served as a kind of catalyst for facilitating the acceptability of consent, autonomy and choice in delinked euthanasia, once the principle of informed consent and the consent requirement enters the legal discourse through the door of therapeutic nihilism, it creates a domino effect and gains legitimacy from cascading down across different jurisprudential contexts. The essence of the essay is also focused on legislative attempts at codifying the status of advance directive or living wills (ADLW) bids through the Medical Treatment of Terminally Ill Patients Bill. Although the Bill has not yet been adopted into law, what it sets out is a process through which a patient may be able to convey her preferences about her end-of-life decisions. Keeping in view the uncertain terrain on which this balance must be maintained, the author attempts to see what steps may be taken to provide a firmer foothold in the Indian legal discourse on human rights and medical ethics.792 views -
Delving into Environmental Protection with special emphasis on Groundwater Legislation in India
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 892 - 908This Article delves into the intricate relationship between environmental protection and groundwater management in India, with a particular focus on the efficacy of the existing legislative framework. The analysis commences by establishing the critical role of groundwater as a vital natural resource and its precarious position due to over-exploitation and pollution. The discourse then dissects the legal architecture governing groundwater in India. This includes a meticulous examination of relevant statutes such as the Water (Prevention and Control of Pollution) Act, 1974 , and the Environment (Protection) Act, 1986. The potency of these enactments in safeguarding groundwater resources will be evaluated alongside their implementation mechanisms and any identified shortcomings. Furthermore, the paper incorporates the invaluable insights gleaned from pertinent case law. Landmark judgements rendered by the Supreme Court of India and various High Courts will be critically appraised to understand the judicial interpretation of groundwater legislation. This analysis will encompass pronouncements on issues like inter-state water disputes, regulatory control over industrial activities, and the polluter-pays principle in the context of groundwater contamination. By weaving together, a tapestry of legal analysis, statutory examination, and judicial precedent, this paper strives to offer a comprehensive understanding of India's groundwater governance framework. The ultimate objective is to identify potential gaps and propose practical recommendations for strengthening the legal regime to ensure the sustainable management and protection of this vital resource.544 views -
Empowering Pluralism: Examining the Right of Minorities to Establish and Manage Educational Institution
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 909 - 918In this research paper, we claw into the fascinating content of the right of minorities to establish and govern their own educational institutions. We take a near look at the legal frame and constitutional provisions that guard this essential right. Specifically, we examine the significance of Article 30 (1) of the Indian Constitution, which explicitly protects the rights of minorities to establish and administer educational institutions of their choice. To gain a deeper understanding, we assay corner court cases that have played a vital part in shaping the interpretation and perpetration of this right. For case, the Supreme Court of India's decision in the T.M.A. Pai Foundation case (2002) clarified the compass and limitations of the right to establish and administer educational institutions by minorities. also, the sire Inamdar case (2005) addressed the issue of admissions and reservations in minority educational institutions. likewise, we explore the broader impact of this right on minority communities and the educational geography. By allowing minorities to establish their own educational institutions, this right foster diversity, inclusivity, and artistic preservation. It provides a platform for minority groups to conduct education that aligns with their unique artistic, verbal, and religious backgrounds. Throughout this research paper, we highlight the significance of this right in promoting equal access to education and empowering minority communities. By examining the legal frame, court cases, and societal impact, we aim to exfoliate light on the significance of upholding and guarding the right of minorities to establish and govern their own educational institutions.667 views -
Using Forensic Science in the Analysis of Homicidal Crimes
LL.M. student at Libra School for Higher Studies, Dehradun, IndiaPages 919 - 929Forensic science is pivotal in the examination of crime scenes and the gathering of evidence, including items like garments, cigarette remnants, and biological samples, to scientifically substantiate a suspect’s culpability. DNA testing in cases of assault and homicide verifies the identity of the victim. This evidence aids in expediting the investigative process and the judicial proceedings. Nonetheless, forensic science is not infallible and possesses inherent constraints. Therefore, initial investigators, including the Crime Laboratory Ultimate Evidence System crew and forensic specialists, must be cognizant of these restrictions when collecting and analysing samples to avoid inaccurate findings. Erroneous outcomes can arise from inadequate sample sizes, incorrect collection techniques, or delayed analyses. The enforcement of standardized procedural protocols is crucial; without them, the legal acceptance of forensic evidence to conclusively establish guilt is jeopardized. Consequently, the judiciary may exonerate the defendant, extending the benefit of the doubt. This article focuses the role and boundaries of forensic science within the Indian Criminal Justice System and underscores the imperative of adhering to established procedures to obtain reliable.563 views -
A Study on Contractual Employment in India: With special reference to U.K.
LL.M Student at ICFAI Law School, The ICFAI University, Dehradun, IndiaPages 930 - 939Contractual employment, a prevalent practice globally, involves engaging workers through contractors for temporary or fixed-term projects. This paper provides a comprehensive analysis of contractual employment in India, with a special focus on its comparison with the United Kingdom (U.K.). In India, contractual employment has gained significance due to factors like globalization and technological advancements, prompting the enactment of the Contract Labour (Regulation & Abolition) Act, 1970. Landmark cases such as Standard Vacuum Refining Co. of India Ltd v. Workmen have shaped the regulatory framework, aiming to address issues of exploitation and inadequate working conditions. Conversely, the UK’s contractual employment landscape has evolved through common law principles and statutes like the Employment Rights Act 1996, with significant influences from EU directives. Notable cases like Uber BV v. Aslam have redefined worker classification, particularly in the gig economy. The paper conducts a comparative analysis of contractual employment regulation in India and the UK, highlighting similarities and differences in areas such as registration, licensing, health and welfare provisions, payment of wages, and worker classification. While both jurisdictions prioritize minimum wage standards and basic working conditions, India’s centralized statutory framework contrasts with the UK’s reliance on common law principles and individual complaints mechanisms for enforcement. This study underscores the importance of adaptive regulatory frameworks to address the evolving needs and challenges of contractual employment, fostering a fair and equitable labor environment for all workers.983 views -
A Comprehensive Examination of Data Protection Laws in India vis-à-vis Social Media Platforms
Research Scholar at Department of Law, YBN University, Ranchi, Jharkhand, IndiaPages 940 - 950In an increasingly interconnected world, data protection has become a critical issue. Citizens grapple with the delicate balance between privacy and convenience, while companies capitalize on personal information for their benefit. The General Data Protection Regulation (GDPR), implemented by the European Union, stands as a robust legal framework that prioritizes individual rights. It imposes stringent requirements on companies, emphasizing transparency, accountability, and consent. Meanwhile, India has also taken significant strides in data protection. The recently enacted Digital Personal Data Protection Act, 2023 (DPDP Act), aims to strike a delicate balance between individual rights and lawful data processing. The Indian legislation draws inspiration from the GDPR but tailors its provisions to the unique socio-cultural context of the country. It emphasizes the rights of data subjects, incorporating the right to erasure, the facility of data mobility, and the entitlement to obtain personal information. Social media platforms play a pivotal role in this landscape. They collect vast amounts of user data, often without explicit consent. The paper critically examines India’s data protection laws concerning social media platforms. It delves into issues such as user consent, data localization, and cross-border data transfers. Furthermore, it explores the challenges faced by social media companies in adhering to these regulations while maintaining seamless user experiences. In conclusion, this comprehensive examination sheds light on the evolving data protection landscape in India. It underscores the need for robust legal frameworks that safeguard individual privacy while fostering innovation and economic growth.758 views -
Alternative Dispute Resolution: Types, Benefits and Drawback
Assistant Professor at G H Raisoni Law College, Nagpur, IndiaPages 951 - 963This paper examines the various methods of Alternative Dispute Resolution (ADR) as an effective and efficient alternative to traditional Court-based litigation in India. It provides a means for disputing parties to reach an amicable settlement with the assistance of a neutral third party. ADR is applicable to a wide range of matters, including industrial, family disputes, civil, commercial, where negotiation between disputing parties may be challenging or unsuccessful. In ADR, the neutral third-party acts as a facilitator to assist the parties communicate effectively, discuss their differences, and work together to find a mutually agreeable solution. The paper delves into the four primary modes of ADR. Negotiation the most informal mode, involves direct communication between disputing parties to approach mutually acceptable agreement. Meditation, a voluntary process facilitated by a neutral third party, aims to help parties in finding common ground and crafting a solution. Arbitration a more formal process, entails presenting the dispute to a neutral arbitrator or panel of arbitrators whose decision is binding on the parties. Conciliation, a blend of meditation and arbitration, allows the conciliator to propose solutions while maintain the voluntary nature of the process. Furthermore, the research explores the legal framework and institutional support for ADR in various jurisdiction. Legislative provisions and Court rulings impacting the integration and acceptance of ADR are evaluated, highlighting the commitment of governments to embrace ADR as an important part of the justice. While ADR presents various advantages, the paper also addresses some challenges and criticism. Ensuring the enforceability of ADR agreements, dealing with power imbalances between parties and guarding against potential misuse are important consideration in enhancing the credibility and effectiveness of ADR.889 views -
The Thin Line between Aggression and Crime in Sports: A Legal Analysis
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 964 - 978This article discussions the difference between permissible aggression and a possible crime in the field of sports, with a focus on the Indian context: a country in which the concept of sports law is slowly gaining recognition. It juxtaposes the absence of a cohesive legal framework to deal with the complexities of sports aggression and crime in India with that of the countries where the judiciary has honestly embraced the concept of sports law jurisprudence. The focus of this article stems out from an intense examination of aspects such as the role of mutual consent in sports, the application of behavioral models such as the Social Learning Theory and the General Aggression Model, and the rationale behind the desirability of the Sportsmanship model to keep wastage in aggression in check. Finally, a comparative overview of the various ways such aggression is dealt with by examining the sports law framework as well as by highlighting the non-insignificant role of the international sports organizations for the same. The conclusion emphasises on the urgent need for a multi-pronged approach – involving sports organisations, legal reforms and a cultural change to bring in sportsmanship and respect – to tone down the aggression seen in sports in these times: the need to strike a balance between a competitive spirit and the criminal acts that may result out of it, but which also ensure the sanctity of sports while keeping the participants safe.740 views -
An Analysis of Insider Trading Regulations: A Comparative Study of India, USA & U.K.
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 979 - 986The impact of the regulatory bodies on offences related to insider trading is an aspect that requires much research and analysis. The legal framework, though different in the global scenario, has the same objective. The present article is an attempt to study the regulations of insider trading in three different countries. With the time and growth in the securities market, the actual reality of the insider trading has come. This kind of work destroys the trust of the investors like in a country like India who wants the foreign investors to invest with them are not able to get successful as they are new in this game. Various kinds of steps have been taken by the Parliament of India and the Securities and Exchange Board of India, but their actions taken regarding insider trading are almost equal to zero. USA has a very effective regulatory body named as SEC which has made a lot of impact in the securities market of the USA as it has punished a lot of criminals. UK on the other hand is also trying its best to catch USA and is doing a lot better than India. On the other hand, the regulatory body that India have is SEBI which is not able to get much amount of success. SEBI has given up a vast number of powers with it in the stock market but if we see the cases taken by it does not provide us with a good image. It clearly shows that our regulatory body requires a lot of amendments and implementation to make our security market healthy and fair in the eyes of the investors so that we can attract foreign investors towards us.1,101 views -
A Critical Analysis of Child Labour in India
Student at Amity University Lucknow, IndiaPages 987 - 991Child labour is a serious problem from many decades and a challenge for many developing countries. It has existed over the centuries not only in the impoverished areas of developing countries but also in developed countries until the beginning of the 20th century. Many countries have enacted various laws and have taken serious initiative to eradicate child labour, yet still the problem is very widespread throughout the world. The problem of child labour appears in severe form and various factors are involved with it. The causes for the incidence of child labour in India are complex and deeply rooted into the society. Poverty seems to be the main cause. Child labour can be found in both urban and rural areas. However the vast majority of child labour occurs in rural areas since poverty is more rampant. Although many poor rural families struggle for a better life in urban areas, this pushes families to force their children to work in order to increase the family income and ensure survival. This paper analysis the various responsible factors for child labour and attempts to find out those areas where there is discrimination in child labour. In addition the objective of this paper is to make a critical analysis of child labour in India. The findings reveal that child labour was a serious evil for the developing country -India. But now as per census report 2011, The total number of working children in the country has declined from 1.26 crore as per the census 2001 to 43.53 lakh as per census 2011 which shows 65 percent reduction.746 views -
The Authority of the Bekasi City Government in Rejuvenating Slum Settlements Around the Bantargebang Integrated Waste Processing Site Based on Bekasi City Regional Regulation Number 11 of 2022 concerning Prevention and Improvement of the Quality of Slum Housing and Slum Settlements
Student at Law Faculty Sultan Ageng Tirtayasa University, IndonesiaPages 992 - 1007Slum settlements cause a decline in the quality of the living environment which endangers the health of the surrounding community. Article 4 paragraph (4) of the Bekasi City Regional Regulation Number 11 of 2022 states that if the results of supervision and control show a non-conformity with the standards of decent housing, the City Regional Government will make handling efforts according to its authority. The aim of the research is to find out how the Bekasi City Government implements its authority in rejuvenating slum settlements around the Bantargebang TPST based on Bekasi City Regional Regulation Number 11 of 2022 and its obstacles. The research method uses empirical juridical methods. The data source is primary data supported by secondary data. Data collection techniques using interviews and related documents. Data was obtained and analyzed descriptively using a qualitative approach method. The results of the research show that the Bekasi City Government carries out the authority to rejuvenate slum settlements by giving a mandate to the Bekasi City Department of Housing, Settlement Areas and Land (DISPERKIMTAN) through special regulations in Article 8 paragraph (1) of Bekasi Mayor Regulation Number 127 of 2021. Rejuvenation of slum settlements is carried out through the Uninhabitable Houses (RUTILAHU) and Slum Free Cities (KOTAKU) programs. The author concludes that there are three obstacles to implementing the authority to rejuvenate slum settlements, namely: (1) budget limitations, (2) the large number of illegal slum settlements, and (3) the Bekasi Mayor's decree regarding the changing size of slum settlements.684 views -
Neo-Brandeis School, Harvard School, and Chicago School: Indian Competition Enforcement Perspectives
Student at Unitedworld School of Law, Karnavati University, Gandhinagar, IndiaPages 1008 - 1021This paper explores the alignment of the Indian competition enforcement approach with the perspectives put forth by the Neo- Brandeis School, the Chicago School, and the Harvard School. It further undertakes a comparative analysis of the market structures across several Indian sectors like manufacturing, services and the digital economy and then assesses their compatibility with the perspectives of these influential schools. The paper explores the institutional challenges faced by the Competition Commission of India (CCI) and highlights the need for international collaboration with an intent to tackle cross border anti-competitive practices. The paper finally concludes by providing policy recommendations for the CCI to enhance its effectiveness, acquire specialized expertise and conduct periodic reviews of merger notification thresholds. The paper adopts doctrinal and secondary doctrinal research methodology.827 views -
Evidentiary Implications of Forensic Anthropological Analysis: Intersecting Science and Law in the Indian Criminal Justice System
Student at Law College Dehradun, Uttaranchal University, Dehradun, (Uttarakhand), IndiaPages 1022 - 1031This paper delves into the confluence of criminal jurisprudence and science. Despite successive amendments to the Code of Criminal Procedure and evidentiary rules, the regulatory framework has lagged behind the rapid advancements in scientific and technological domains since the latter half of the 20th century, encompassing disciplines such as fingerprint analysis and DNA profiling. The scientific discourse herein originates from the field of archaeology, which, through its evolution into anthropology, has engendered Forensic Anthropology. The utility of Forensic Anthropology transcends scenarios of mass calamities or clandestine interments, extending its significance to investigations concerning missing persons, abductions, and homicides. Fundamentally, every criminal offense entails the components of a victim, mens rea, actus reus, and a perpetrator. Forensic Anthropology facilitates victim identification and elucidates the nature of inflicted injuries, there by elucidating the elements of actus reus and mens rea. Considered akin to other expert testimonies, Forensic Anthropology stands as a viable tool in culminating criminal inquiries. Despite being sparingly employed in our jurisdiction, its efficacy is bolstered by the meticulous scrutiny of biological indicators, yielding a negligible margin of error. Acknowledging its fallibility and inherent limitations, this exposition seeks to broaden the horizons od readers to the potential integration of Forensic Anthropology within criminal investigations.732 views -
Misuse of Matrimonial Laws: An Analytical View
Student at Law College Dehradun, Uttaranchal University, IndiaPages 1032 - 1051This article critically discusses the misuse of matrimonial laws in India, mostly by wives, and highlights how these laws although important to regulate marital relations as well as safeguard and vindicate the rights of spouses, are often grossly put to harm a spouse or gain undue advantage through the matrimonial court. The essay presents a complex analysis of the Hindu Marriage Act, the Protection of Women from Domestic Violence Act, and Section 498A of the Indian Penal Code which aimed to protect the interest of the innocent spouse and criminalise cruelty or domestic violence, is being exploited to harass the spouse by false accusations and prolonged litigations. The essay discusses the emerging judicial measures to balance the abuse of the above-mentioned acts by presenting more legal and extrajudicial reforms focusing on the problem of matrimonial misuse and explains how severe consequences such as divorce or prosecution impact the marital life, the disharmony thereof partly due to the aforesaid reasons. This essay presents a few exemplary case laws with reference to substantive and procedural reforms in matrimonial laws, elaborates the existing legal lacunae and procedural errors, and suggests preemptive measures and strict judicial supervision to control this expanding load on the family courts.912 views -
Anti-Doping Regulations and its Implementation in India: A Critical Analysis
LL.M. student at Hidayatullah National Law University, Raipur, Chhattisgarh, IndiaPages 1052 - 1059Athletes consume performance enhancers, to improve their performance and to achieve the spotlight of glory and to win medals. Sometimes athletes consume them without their knowledge of consuming prohibited substances. Doping has been considered as a sin with or without malice and violation of sporting-spirit globally. There are institutions that take care of doping tests, like World Anti-Doping Agency (WADA) at the international level and the National Anti-Doping Agency (India) which are set up under the aegis of UNESCO’s International Convention against Doping in Sports. Globally, World Anti-Doping Code 2021 are the guidelines or rules that govern doping tests, prescribes a list which consists of prohibited substances and punishment for the violation of the code. In India, the National Anti-Doping Code, 2022 is the code that gives the authority for the setting up of NADA, testing athletes, prescribes punishment for the violation of code. This paper deals with the definitions of doping, the inception of the concept of anti-doping and a brief analysis of doping in the earlier times and the development of it, and an analysis of global anti-doping code and of the national code as well and an analysis of implementation in India, in the sense of punishing the violators and a brief analysis of whether criminalization of doping is possible or not.803 views -
Right to Privacy in Digital Era: The Privacy Concern Surrounding AI and it’s Potential Impact on Personal Data
Student at Amity University, Lucknow Campus, IndiaPages 1060 - 1159Even with the adoption of legal and protection, violation of privacy remains a concern. Privacy denotes a state of life, free from unreasonable interference. It ensures everyone a life to live with one's own choice. The desire for privacy is a common criterion among human beings. Hence, privacy is not simply an absence of information about us in the mind of others; rather it is the control we have over the information about ourselves! The demand for privacy is the basic human right by virtue of being human and has continued for ages since the inception of human civilization. In the present state-of-art development, the level of consciousness and awareness of people has increased a lot and hence the protection of privacy has become a major concern with the advancement of technology. With the advent of globalization, information and communication technology has reached great heights. Nonetheless, the world has turned into a smaller place where people can gather any information around the world by sitting in one place. On one hand, it can never be denied that the internet and communication development has made our lives much easier, but on the other hand, they carry a great threat to our privacy. . As has been already mentioned above, the quest for privacy among the people began since early societies. The right to privacy gained prominence during the development of the Common law period. During that time, the concept of privacy was considered only in terms of property. As such, violation of privacy resulted in simple torts such as, trespass, nuisance, etc., which were to be remedied by paying compensation to the injured as it is continued till today. In addition to that, privacy was dealt in accordance with the provisions of law which either dealt with land or tax, etc., in almost every country. The paper focuses upon the Right to privacy in indian perspectives as well as In the international Perspective and ends with the various dimential measures to ensuring individuals privacy at digital platforms or with usage of AI.871 views -
An Extensive Analysis of the Waqf Act, 1995
Student at MIT WPU School of Law, Pune, IndiaPages 1160 - 1173‘Once a waqf, always a waqf’, this was the interpretation of the Supreme court in its 1998 judgement case no. 4372 SCR 398 given by justice Dr. Anand. What does waqf mean? Waqf means any property donated for charitable or for the purpose of humanity belongs to Allah. After a thorough survey if the waqf board declares a property to be waqf property then that decision is irreversible unless and until the board itself modifies it or makes any change in its verdict, the waqf is not restricted to religious places of worship, it also refers to assets, lands, buildings, leases, currency, etc. The concept of waqf in today’s modern day and age poses a question to the principle of natural justice, surprisingly such provisions do not exist in west Asian countries like Turkey, Sudan, Egypt and Saudi Arabia, in this research paper we will dig deeper into the waqf’s fundamentals, its history, its significance, its constitutional legality and we will also take a look at its loopholes. This research paper discusses the history and present of the waqf extensively from a neutral, logical and factual basis keeping aside political views from the entire topic. As the waqf today has important land holdings such as the Delhi high court, central vista project and more such 123 prime locations. The research paper will discuss the legitimacy of the bord on holding these assests and will go in depth of the constitutional and legal acceptance of the same.1,496 views -
Comparative Jurisprudence: Unraveling the Doctrine of Proportionality in the USA, UK, and India
LL.M. student at Tamil Nadu Dr. Ambedkar Law University, IndiaPages 1174 - 1191The expansion of the welfare state and technological advancements have empowered executives and bureaucracies worldwide, necessitating robust judicial review. The principle of Wednesbury reasonableness, dominant in common law countries like the UK and India, has gradually given way to the doctrine of proportionality. This doctrine ensures a balanced approach, minimizing intrusions on citizen rights while upholding legitimate government goals. The UK, unlike India, has not formally adopted proportionality, but elements of it are increasingly evident in judicial reasoning. The USA, on the other hand, relies heavily on a balancing test that shares some similarities with proportionality but operates within a distinct legal framework. Despite adopting proportionality in 2000 (Omkumar v. Union of India), India's application remains limited. This research paper delves into the concepts of proportionality, Wednesbury reasonableness, and the margin of appreciation. It analyzes the shift from Wednesbury to proportionality across common law jurisdictions, comparing the British and American Law. The paper argues for a more robust application in India, drawing insights from the UK's evolving approach, to effectively safeguard human rights. With the administration's ever-increasing influence on individual lives, the doctrine of proportionality offers a crucial tool for judiciaries to check potential excesses of power. This research highlights the progressive trend in Indian courts and emphasizes the urgent need for a more comprehensive implementation of proportionality, informed by the experiences of the UK and USA.2,118 views -
Media Representation of Women and its Influence on Societal Perception
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 1192 - 1205Media is an impact full medium from which each and every part of the society gets effected. Depiction through media influences the mentality of public at large. In India representation of gender based portrayals are still quite common. With an emphasis on how these representations are present in the cultural environment, the article examines scientific studies on the connections between gender stereotypes, objectification, and sexualisation in the media. The public’s right to accurate, timely, and pertinent information is the media’s main responsibility. The act of being exposed to representations that rereinforce gender stereotypes and support gender role norms also seems to encourage discrimination, harassment, and violence towards women and discourage women’s aspirations in their careers. This article also covers the influence of media in the representations of women and its impact on the society from back in history to present scenario . Media in India is considered to be forth pillar of democracy. In India the Ministry of Information and Broadcasting (MIB) is the main regulatory body for media monitoring and regulation. However their are various other regulatory body which also plays a vital role in the regulation of media they are. The press Council of India(PCI),New Broadcasting standards authority (NBSA),and Broadcasting content complaints Council (BCCC) .The constitution of India also mentions the rights and duty of media in various articles. As we live in a changing society which is highly influenced by the new upgraded technologies. Media is also getting influenced by these technologies. So now it’s impact on every age group in the society is also getting very high and easy.1,123 views -
Media Trials: An Antithesis to Sub-Judice
Student at CHRIST (deemed to be) University, IndiaPages 1206 - 1217Media is considered the fourth pillar of democracy. One of the most vital functions of media is to disseminate information powered by the ability to control the masses. The point of concurrence between the press and judiciary is related to the issue of media trials and their influence on judicial matters. The position maintained by the judiciary is well established in terms of the existence of separate functions and regulations concerning media. The core aim of this research article is to address the issue of media trials in determining the verdict of sub-judice matters. This paper shall deal extensively with the problems concerned with the legitimacy of the verdict of media trials. Article 19(1)(a) of the Indian Constitution is comprehensive enough to include media channels, agencies, and publishers; it also aims to protect their freedom of speech and expression to maintain the sanctity of Indian democracy. In this day and age, publications, opinions, and digital media formulate public opinion. They are believed to be the main perpetrators in influencing the court judgement as it amounts to public pressure. Natural School of Jurisprudence laid down a few core principles that operate in favour of the accused. This paper will provide an in-depth analysis of media trials and their influence on the judiciary by demonstrating major constitutional law cases and comparative studies of other significant legal models. Through this paper, the reader can ascertain the position of media trials in the Indian context.629 views -
Laws Governing Social Media Platforms in India: An Analytical Study
Student at Law College Dehradun, Uttaranchal University, IndiaPages 1218 - 1231The evolution of the internet differed significantly from the introduction of any other revolutionary communication technologies. Undoubtedly, the internet greatly facilitated the process of conveying and exchanging information and ideas with others. India, a country with a growing number of internet users and active social media platforms, is confronted with a crucial task: finding a balance between national security interests and the right to freely express oneself on these digital platforms. This analytical study explores the legislative framework that governs social media platforms in India. The text analyses the fundamental legislation, the Information Technology Act (2000), and its revisions, with a specific focus on the contentious intermediary standards and digital media ethics code of 2021. The examination examines concerns pertaining to potential violations of freedom of speech and privacy rights. In addition, the paper explores the intricate function that social media platforms have in promoting public discussion while also reducing the dissemination of false information and offensive language. This study seeks to offer a thorough comprehension of the changing legal framework that governs social media in India by analyzing significant court cases and ongoing discussions. The text finishes by emphasizing the necessity of adopting a sophisticated approach that protects both security and fundamental rights in the era of digital technology.918 views -
The Right to Bail and the Implications of the Presumption of Innocence under the Criminal Procedure Code (CPC): A Practice Approach
Assistant Lecturer at Department of Business Law, University of Buea, CameroonPages 1232 - 1245This study assesses the right to bail and the implication on the principle of presumption of innocence under the Criminal Procedure Code of Cameroon (CPC) from a practice-based approach. Employing the qualitative research methodology and the doctrinal method that involves in-depth analysis of Conventions, statutes and cases, it is revealed that trial proceedings in Cameroon often violate the right to bail of the defence as was the case in Ndula Raphael Fuambokang by Justice Anne Ngem Afong of the Fako High Court.The only moment when substantial justice can be done to the defence is when a criminal trial is conducted in strict respect of the accused person’s right to bail ranging from investigation to arraignment, trial and judgment and appeals if necessary. It is therefore recommended that the CPC should be amended to mandate the court to consider bail as a fundamental human right that must be granted if the suspect meets the requirements for bail.974 views -
Laws related to Environment Protection Act in India with special reference to Mining Provisions
Student at Modern Law College, Pune, IndiaPages 1246 - 1252The Constitution of India is not static but a living document. Which evolved and developed over time. This evolution in the constitution also affected the provisions contained in the constitution regarding environmental protection. Today, India has vast reserves of mineral wealth, from which industries especially the iron-industry, get raw materials. Almost around 50 areas of mineral wealth in India and minerals are found at about 400 sites in those areas. we see that environmental conservation has become necessary in times of changing climate and uncertainty. Whether it is the infrastructure network built by man in the name of development with changing climate, which includes projects like mines, mega buildings, metros, huge funds are raised for it. However, while doing development like this project are implemented without considering whether there is any harm to the environment. Today, we see that environmental conservation has become necessary in times of changing climate and uncertainty. Indian Government has taken different environment protection steps like mining provisions. India is first country, which has made provisions for the protection and improvement of environment in its constitution. This paper deals with laws with reference to environment protection act in India with special reference to mining provisions the environmental damage caused by mining is a matter of serious concern. The Government of India has formed several organizations and institutions for the exploration and development of mineral resources. include environmental law and mining provisions. Environment protection and improvement related provisions were explicitly incorporated into the constitution by the 42nd amendment act of 1976. The Mines and Minerals (Development and Regulation) Act was enacted in the year 1957 to give the statutory status to mining. Environmental laws applicable to the mining industries including environment protection act 1986 (EPA), this act is an umbrella of legislation under which various rules and notification has been framed and issued to take care of the different dimensions on environmental challenges. Also alongside with the mines act,1952, The mineral conservation and development rules,1988.915 views -
Legal Aperture and Tax Avoidance Strategies in India: An Analysis
Student at Law College Dehradun, Uttaranchal University, Dehradun (Uttarakhand), IndiaPages 1253 - 1265The taxation system in India, specifically in the context of the tax avoidance and evasion techniques are the two extremely substantial practices in the Indian system of taxation cornering is regulation and policies This system preserves the Indian economy from involving and engaging in any sorts off illegal methods in order to avoid the payment of the taxes and its governance in India. These concepts initially affects in the government in terms of causing losses in their entire revenue of the government. Which become hindrance in the required evolvement and spending of the government programs. The tax evasion implies to the curtailing or exploiting the lacunas of the tax laws to decrease the liabilities of the tax payer in the country in order to furnish some amount of relief. The unqualified and unbalanced distribution of income also a major concerns and worsened the taxation system. The ineffective administrative role and its compliance give opportunity to the offenders, which put servers concerns and losses to the government of the country with respect to their revenue and put hurdles in the public activities and investments of the government. In the present paper author tends to discuss the techniques and policies strengthens the taxation system, concerning categorising the sufficient techniques with respect to the methods with evolve the system to maintain the balance between the adequate techniques and establishing procedure to boosting the economic growth of the country. This analysis examines the multi-dimensions of tax evasion and tax avoidance in the observations of present stance of the governmental policies, statues, laws and preventive techniques, how it has given rise to the effects of the Indian growth pertains to the economy and the judicial pronouncements interpretation of tax evasion and avoidance laws and policies concerning its evolving processes.798 views -
Alternative Dispute Resolution Mechanism in India and Intervention of Judiciary in the Alternative Dispute Resolution Mechanism
Student at School of Legal Studies, K.R. Mangalam, IndiaPages 1266 - 1275The Intervention of Judiciary in the Alternative Dispute Resolution can bring a lot of failure and challenges in the implementation of Alternative Dispute Resolution Mechanism in India. The Judiciary may impose the limitation on the ADR Process which may impact the parties from accepting the arbitrator decision as final, which can undermine the flexibility of the Alternative Dispute Resolution Mechanism. In this paper, we will also see how the involvement of judiciary in the ADR Mechanism has brought various debate over the insufficiency of the Dispute Mechanism function in India. Judicial oversight's effect on ADR's timeliness and effectiveness is another crucial factor. Although the goal of court intervention is to guarantee compliance and fairness, it frequently causes procedural obstacles and delays, which negates the goal of pursuing quicker resolutions outside of the established legal system. Moreover, the belief that alternative dispute resolution (ADR) is a legitimate substitute for litigation is undermined by overbearing judicial intervention, which may discourage parties from using ADR. In summary, even though the judiciary's participation in ADR attempts to protect legal norms and guarantee justice, its overreach may undermine the fundamental principles of ADR. Maintaining the autonomy, confidentiality, flexibility, and efficiency of alternative dispute resolution (ADR) processes necessitates striking a careful balance between upholding the fundamental values that set ADR apart from traditional litigation and judicial oversight.735 views -
Justice Delivery System and Mediation: An Inseparable Link
Student at Kristu Jayanti College of Law, IndiaPages 1276 - 1289The Justice delivery system is the process by which the legal system of government is executed to administer justice. There is a high demand for justice in our country even though we have a hierarchy of courts with each court being unique and different. However, an alternative dispute resolution system is vital for a cheaper and speedier form of justice. Mediation is known for its effectiveness and is highly encouraged by the courts. One of the parameters to fathom the success of the justice delivery system in our country is to ascertain how quickly and efficiently the dispute can be settled. With the increasing number of pending cases, the mediation process has come in handy by removing the burden on the three-tier justice delivery system. It also has cascading effects of bringing an end to bad blood between the parties and making them useful members of Society. This paper analyses how mediation can be used as an effective method to resolve disputes and lessen the burden of pending ligation cases on the courts. It also focuses on practical strategies for resolving conflict. My research emphasizes the importance of an unbiased third party as the mediator and the procedure for such an appointment and how it contributes to a successful mediation. Section 89 read with Order X Rule 1A to 1C of the CPC, which has a sound object, would highlight that justice delivery and mediation are inseparably linked. This paper studies the types of mediation models and the development of an indigenous model that would be suitable for our social and economic conditions. The paper establishes the relevance of mediation and how it can make our justice system more effective and efficient. Recommendations on how mediation can be more effective and serve its purpose to the fullest. A study of various cases of mediation in the past, present and future. An assessment of the various initiatives taken by the government to promote mediation including the understanding of various mediation bills across the country. How mediation is used as a tool around the world and what we can learn from other countries and how we can implement the best. Mediation is more party friendly and not as time-consuming as the courts, and also a win-win situation. Thus, it is necessarily a process of negotiation by which the participant together with the assistance of a neutral person attempts to resolve the dispute.793 views -
Digital Surveillance and the Prevention of Inchoate Crimes in India
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 1290 -1313The article investigates the role of digital surveillance in the prevention of inchoate crimes in India, through an analysis of the legal, ethical and technological frameworks involved. It delves into the meaning of inchoate crimes in law, and explains how they result in serious consequences when executed and remain important to prosecute. It further discusses digital surveillance technologies, legislative and ethical issues and case studies on the efficacy and limitations of digital surveillance in preventing crime. It moves on to give examples showing the balance between improved public safety and the protection of individual privacy rights in India, the important judgments in this regard by the Supreme Court and international perspectives. It explains how updated legislation, ethical guidelines and emerging technologies can help to combat inchoate crimes and maintain India’s democratic values and the individual freedoms of its citizens in the rapidly growing and ever-changing digital landscape.620 views -
Legal Challenges and Regulations for E-Commerce Companies
Student at Amity law School, Noida, IndiaPages 1314 - 1353The research paper on legal challenges and regulations for e-commerce companies in India will delve into the complex legal landscape that governs online businesses in the country. The paper will explore key areas of concern such as data privacy and security, consumer protection laws, intellectual property rights, taxation, and international trade regulations specific to the Indian market. In the context of data privacy and security, the paper will examine the implications of the Personal Data Protection Bill and other relevant regulations on e-commerce companies operating in India. It will analyse the requirements for data protection, storage, and processing, as well as the potential consequences of non-compliance. Consumer protection laws in India, including the Consumer Protection Act and e-commerce guidelines, will be scrutinized to understand the obligations of e-commerce companies towards consumers. The paper will assess the legal framework surrounding product descriptions, pricing transparency, and dispute resolution mechanisms to ensure fair business practices. Intellectual property rights will be a focal point of the research, with an examination of trademark, copyright, and patent laws in India. The paper will explore the challenges e-commerce companies face in protecting their intellectual property and avoiding infringement when selling products online. Taxation issues specific to e-commerce companies in India will be analysed, considering the Goods and Services Tax (GST) regime and other tax obligations that impact online businesses. The research will highlight the complexities of cross-border transactions and the need for companies to navigate different tax laws in various states. Lastly, the paper will address international trade regulations affecting e-commerce companies in India, including import/export regulations, trade sanctions, and customs requirements. It will explore the legal challenges of conducting cross-border transactions and the implications for supply chain management. Overall, the research paper will provide a comprehensive analysis of the legal challenges and regulations faced by e-commerce companies in India, offering insights into compliance requirements, potential risks, and best practices for navigating the legal landscape in the Indian e-commerce industry.1,097 views -
Net Zero Emissions and its Implications for India
Professor at School of Law, UPES, Dehradun, IndiaPages 1354 - 1365Concept of net zero emissions has gained currency in last few years. It is crucial to sustainability of earth systems. Net zero emission is primarily a scientific term that denotes state of carbon dioxide after strategies to cut down global greenhouse gas emissions are put in place. It is natural that cutting down greenhouse gas emissions and achieving net zero emissions cannot be visualised until it is included in the policies and programs of respective countries. Therefore, the term net zero emissions entered policy documents of the governments. From there, the term has disseminated to mainstream discussions in academia and businesses. In order to insulate human beings and the environment from the perils of climate change, it is imperative for every country to set targets to achieve net zero emissions and also to strive to achieve them through concrete plans and programs. In other words, net zero emissions signify decarbonisation of economy. Climate change presents significant policy challenges for India, which must balance the need to improve living standards for its 1.4 billion citizens with the imperative to reduce global greenhouse gas (GHG) emissions. Despite the implementation of numerous policies aimed at promoting renewable energy manufacturing and usage and transitioning away from coal, substantial efforts are still required to achieve India's net zero goal by 2070. The government is focusing on several key policy initiatives to reach this goal, including decarbonizing the grid, industries, and transport sectors, as well as advancing carbon capture, utilization, and storage technologies. As of 2023, India is on the right track towards achieving its net zero target by 2070. This paper provides an in-depth review of India's current climate policy landscape and presents emissions trajectories under various policy initiatives aimed at reducing GHG emissions.572 views -
An Analysis of the Offences Committed against Women under Special Penal Statutes
Associate Professor at Faculty of Law, ICFAI University, Tripura, IndiaPages 1366 - 1381Indian Penal Code is the main Criminal Law Code of the land. Yet, there was requirement of special criminal law(s), because Indian Penal Code could not effectively deal with the changing nature of different Crime being committed in India. However, Indian Penal Code , now going to be Naya Sanhita 2023, is not totally irrelevant. The defences available to the accused under the Indian Penal Code will be applicable in the special Criminal law/ Statutes also. Sometimes same offence is covered under the Indian Penal Code and other special Criminal law statute, because Indian Penal Code is not able to provide enough deterrence. This paper will discuss some special penal statutes of India in the present context.667 views -
Abuse of Dominant Position: Protector of the Underdogs
Phd Research Scholar in IndiaPages 1382 - 1394There is no dispute to the fact that abuse of dominant position is a danger to the operations in a free market. This is one of the major reasons as to why the effect of abuse of dominant position in the Indian market is necessary to be studied. These sort of practices are unsafe both for Competition and for customers, so that ought not to be permitted to grow. Further, there is also an imperative need to provide various suggestions and remove anomalies so as to keep up and invigorate competition in the relevant market and to advance reasonable challenge among various enterprises. Dominance in law implies that a firm has a high degree of immunity from the normal disciplining forces of rival’s competitive reactions and consumer behavior .on the other hand, dominance as an economic concept is associated with the notion of market power. (Anand Sree, 2018) (Berinde, 2017)The Indian Competition Law, the Competition Act of 2002, like other modern competition laws covers agreements, abuse of dominant position and mergers. Under the Competition Act of India, section 4 deals with Abuse of Dominance or dominant position by an enterprise or a group. The ultimate concern of the competition law is about market power and its abuse. The Law of Competition in India seeks to ensure fair competition by prohibiting trade practices which cause appreciable adverse effect on competition in markets within India. Market power is used to mean the ability of enterprises to raise price above the level that would prevail under the competitive conditions. The Competition law prohibits the use of market controlling position to prevent individual enterprises or a group from driving out competing businesses from the market as well as from dictating prices. The concept of abuse of dominant position of market power refers to anticompetitive business practices in which dominant firm may engage in order to maintain or increase its position in the market. (Malik, 2017).836 views -
Overview of Insolvency and Bankruptcy Act, 2016
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 1395 - 1404The Ins0lvency and Bankruptcy Code was passed in 2016 with the goal of unifying the several laws pertaining to insolvency and bankruptcy under one comprehensive statute. It should be mentioned that safeguarding creditors' interests is one of the Code's main goals. The Verdict aimed to address the different "illnesses" that the previous regime's insolvency laws suffered from by moving away from the debtor-in-possession model and toward a model where creditors and debtors cooperate within a framework of equity and fairness to all stakeholders in order to protect the value of the company. The Code is still a work in progress therefore it wasn't flawless in every way. In addition, the government's attention has switched to safeguarding corporate interests in the wake of the Covid-19 outbreak. Nonetheless, it appears that the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020 has been implemented with the Covid-19 epidemic, firms and promoters were intended to be shielded from no fault liability, but the legislation's ambiguities seem to create more questions than they solve. In fact, it appears that the new ordinance will return to the previous model, which was against the creditors' interests. Consequently, the goal of this study is to examine and evaluate the problems and uncertainties with particular regard to the 2020 Ordinance.731 views -
Beyond Binary: Navigating Property Rights for Transgender Individuals across India’s Personal Laws
Assistant Professor at University of Mumbai, IndiaPages 1405 - 1415This study focuses at the way property rights and transgender identity interact within the framework of India's many personal laws. Although there have been legal modifications to accommodate transgender people's rights, especially with regard to identity recognition and anti-discrimination laws, the topic of property rights has not received as much attention. This study examines the different personal laws in India that deal with property ownership, succession, and inheritance while taking transsexual identities into account. India's legal system is made up of numerous personal laws that apply to different religious communities, each with unique rules around inheritance and family. Diverse personal laws such as Hindu, Muslim, Christian, and others present a challenging landscape for transgender people looking for legal recognition and safeguarding of their property rights due to their disparate perspectives on succession and property rights. This research attempts to clarify the differences and shortcomings in the existing legal system by thoroughly analysing these laws and how they affect transgender people. When it comes to defending their property rights, transgender people face a variety of obstacles, such as structural hurdles to the legal recognition of their gender identification, widespread prejudice, and societal stigma. Their vulnerability is made worse by the current property laws' lack of clear protections, which marginalises and alienates them in matters of succession and property ownership. Using legal research, case law analysis, and socio-legal perspectives as a starting point, this study aims to clarify the nuances surrounding the relationship between property rights and transgender identity. This study intends to provide light on the obstacles transgender people encounter while trying to exercise their legal rights within the current framework by thoroughly analysing legislation provisions, case law, and socio-legal views. Additionally, it looks for possible reform areas to guarantee more equity and inclusivity in the property sector.739 views -
Consumer Awareness and Food Safety: The Role of Education and Outreach
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 1416 - 1433The article looks at the pivotal role played especially by the consumers’ practical knowledge in ensuring food safety for certain food products. Further, the paper suggests that through sustainable consumer education, Indians could connect and build consumer knowledge that may enable safer food production and consumption practices. Various codifications of consumer rights – as enshrined in public health literature, prescribed by legal frameworks (i.e., Food Safety and Standards Act (FSSA), 2006) and referenced in the objectives and functions of the Food Safety and Standards Authority of India (FSSAI) – are carefully unpacked, analyzed, and distilled into a conclusion on the promising state of food safety in India. From the dependence in food safety on both formal education and financial resources through the role of the consumer as not only a final but also the first defender of a safe food system. From, though, the necessity to “project information through mass media promotions, publicity, etc” in “contemporary times” to the constraints faced by the nation in building food safe practices – the study brings the 2010 Discussion Paper on Internal Trade, which focuses on the Standards & Enforcement Network of the FCI Management Consultant awards, nearer to the people. Yet the recommendations in the paper call for robust educational initiatives and partnerships that better align India’s food safety standards with international best practices, and offer comprehensive consumer protections.921 views -
A Relic of Empire: The Enduring Legacy of the Official Secrets Act in India
LL.M. student at The Tamil Nadu Dr.Ambedkar Law University, Chennai, IndiaPages 1434 - 1443India’s Official Secrets Act (OSA), implemented in 1923, stands as a stark reminder of the country’s colonial past. Inherited from British rule, the Act criminalizes any act deemed to aid an enemy nation. While the concept of safeguarding national security through official secrets legislation exists in many countries, India’s OSA carries a unique burden due to its colonial origins. This paper delves into the OSA, exploring its historical development, legal framework, and current implications. By examining the Act’s scope and its impact on individual freedoms, the paper aims to contribute to the ongoing debate about potential reforms. The historical context Is crucial. Early restrictions on information sharing emerged in mid-19th century India through British pronouncements. These measures aimed to control government communication, with officials requiring permission to engage with the press and maintain tight confidentiality. The critical point is that the Indian OSA was not born out of a democratic need for transparency and accountability, but rather from a colonial desire to control information and suppress dissent. This legacy continues to shape debates about the Act’s role in modern India. By comparing and contrasting the OSA with similar legislation in other countries, we can gain valuable insights into the challenges of balancing national security with individual freedoms in a democratic society.844 views -
A Critical Analysis of the Laws and Policies Related to Female Foeticide in Asian Countries with special reference to India
Research Scholar at Department of Law, University of Calcutta, IndiaPages 1444 - 1464Few countries around the world have witnessed skewed male female ratios for many years as the proportion of population with regard to men is greater than one would expect based on “natural” sex ratios at birth and the mortality rates. The root cause behind this imbalance is generally the result of preferring a male child, which is entwined in the cultural and economic experiences, and accentuated by the declining fertility rate and the social and economic pressures to have smaller and nuclear families. With a focus on two major countries China and India, where distorted male female ratios have been focused globally and are recognised by their governments, this paper focuses on reviewing the key literature which explores the reason, current trends and the consequences of sex selective practices from infanticide and neglect to more modern sex determining and selective practices such as ultrasound tests and consequent sex selective abortions. Despite the fact that sex selection is prohibited by law in both China and India, it is impossible to keep track of these treatments because medical professionals and equipment vendors profit from them. Other nations, including Pakistan, Nepal, Bangladesh etc., have also seen skewed percentages. Simple regulation of the use of sex-selective technology will not normalise sex ratios. This paper specifically focuses on the strategies that concentrate on reversing the gender disparity that fuels son preference is necessary for a long-term reduction in sex selection.741 views -
Waste to Wealth: Legal Incentives for Industrial Recycling and Waste Management in India
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 1465 - 1483India’s journey towards a circular economy: legal incentives and industrial technological innovations for converting waste into wealth the paper delves into India’s legal framework that guides the journey for converting waste into wealth through incentives for industry such as relief in tax payments and public procurement to implement technological innovations in industrial recycling and waste management along with measures for greening industrial processes. It studies the national laws and state-specific regulations specific to waste, recycling and reprocessing of e-waste in an effort to deal with industrial waste stream spanning from production to consumption. The paper focusses on the role of technology in improving the efficiencies in waste processing and recycling by analyzing various acts and amendments, guidelines, docks, tribunals, notifications and manuals. It identifies the challenges in the implementation of policy, adoption of technology and scalability across the country, and recommends improvements in laws providing incentives and relief to industries, as well as the regulatory tussles in setting up sophisticated technology for waste processing and recycling. Further, it suggests how India can at a global scale follow the best practices for a circular economy, and recommends economic policy and legal re-structuring to propel growth in industrial recycling towards a circular economy in India, moving away from the linear economy that is still predominant in India. India’s journey towards a circular economy involves actively engaging society in managing the waste stream. The circular economy in India should invest in efficiency of resources, sustainable product design and communal ethos towards waste management.804 views -
Cultural Rights vs. Development: The Dilemma of Tribal Lands and Sacred Spaces
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 1484 - 1498Using India as a case study, this book looks at the role of the state in finding a balance between the process of achieving economic development and the preservation of the rights of tribal peoples to enjoy their cultural heritage. The book attempts to identify those elements within their cultural context, which define their identity; and ‘how the process of development, often through infrastructure projects, mining and urbanization and expansion, affected the lands and places of spiritual and cultural significance’. The book focuses on development projects – energy, mining and hydroelectric projects, roads, factories, and settlements – that often threaten cultural, spiritual and historical context of the lands of tribes, which are essential for the preservation of their identity and livelihood. The vague phrase ‘unnecessary destruction of the character of any such place’ presumed that around certain sacred places there could be significant differences between a majority view of how a space should be perceived and the perception held by certain minorities who saw their identity, history and religious values tied to that space Developing Inclusive Growth and Preserving Cultural Autonomy, written by Baxi, employs analysis of the constitutional and legal frameworks of India, key judicial pronouncements, and a cross-country comparison with Brazil and Canada, to delineate the means for ‘state-led commercial activity designed to promote growth while respecting cultural diversity’. The book aims to lay the foundations of a development model ‘while subverting the colonial and inequitable partitions of rights-based entitlements. The book argues that achieving access to social and economic resources by tribal peoples and the preservation of their cultural rights can go hand in hand. It shows that the recognition of distinct identity of tribal peoples through their culture and religion is crucial for the equal political, economic and social participation for tribal peoples. Enabling tribal peoples to practice their religion, live according to their customs, and to use their sacred sites and lands is essential for the preservation of their rights.660 views -
Transforming Aspirations into Rights: The Case for Living Wages as a Constitutional Liberty
Student at Shankarrao Chavan Law College, IndiaPages 1499 - 1507This legal article explores the foundation of India’s lawscape, forming the basis for the world’s most populated country. It is an all-encompassing exploration towards Article 43 of the Indian Constitution which advises states to undertake initiatives to provide good living wage conditions in every sphere of employability. It includes a brief analysis of what falls under the ambit of Article 43 and retrospects the DPSP head under which it is placed. This article tries to question the ongoing trend which supports the provision of minimum wages, rather advocate for the adaptation of the variable of living wages which would also help achieve a decent lifestyle in the long run and results in alignment with India’s international commitments i.e. Sustainable Development Goals. It also takes the help of a hypothetical ideal state model to act as a reference point for highlighting the advantages of adapting living wages. Thus, aiming a shift from short-term temporary arrangements to long-term sustained arrangements. The aim of the article is to propose a concept that will help India create a wage environment that would be sustainable enough to support not only sustenance but also to live a life independent of economic burdens. It uses doctrinal and observation-driven analysis to draw in favourable results in the form of data, collected and represented to create acceptability for living wages. The article also suggests a realistic solution through the Anker Methodology and its aid in India's shift towards creating and fostering an environment promoting living wages. To sum up, this research offers an alternative perspective, aiming to persuade readers that the concept of living wages represents a promising and independent future, diverging from conventional norms and fostering a brighter economic landscape.1,042 views -
Honour Killings in India and Beyond: A Global Perspective
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 1508 - 1516Honour killing is a global phenomenon deeply rooted in cultural and societal norms. This research paper examines the complex issue of honour killings, analyzing the pattern, reasons, and legal frameworks of this crime with a particular emphasis on Indian and international legal frameworks. The word "honour" is often linked to limiting norms of society, especially when it comes to women's conduct and choices. This concept of honour is often associated with the concept of family pride and dignity. Honour killings may be committed against males as well, but women are more likely to be the victims. In India, the occurrence of honour killings is increased by the rigid patriarchal structures and caste system, which are further exacerbated by ineffective governmental measures. International legal frameworks such as the UDHR and the Convention on the Elimination of All Forms of Discrimination Against Women have attempted to combat gender-based violence including honour killings, however cultural tolerance and insufficient legal remedies have enabled the crimes to keep occurring. This research paper highlights the critical need for global gender equality advancement, comprehensive legislative action, public awareness, and international collaboration to tackle the issue of Honour Killings.1,289 views -
Beyond Canvas: Unravelling the Legal Tapestry of AI-Infused Artistic Creation
Student at Government Law College, Thiruvananthapuram, Kerala, IndiaPages 1517 - 1524In the epoch of Artificial Intelligence (AI), a paradigm shift is witnessed in the landscape of artistic creation, challenging conventional perceptions and giving rise to novel forms of expression. This research explores the rich tapestry of AI art, tracing its historical roots, from pioneering generative art to the resurgence driven by neural networks. Delving into the nuances of copyright law, the paper navigates the intricate terrain of authorship and ownership, particularly when AI plays a significant role in content generation. A comparative analysis of international approaches provides insights into diverse legal frameworks, cultural nuances, and technological considerations governing AI-generated art. Emphasizing the urgency for global copyright standards, the study addresses the complexities of cross-border collaboration, legal consistency, authorship attribution, cultural heritage protection, and equitable compensation. The research envisions a future where harmonized copyright standards foster an ethical and sustainable environment for the coexistence of AI and human creativity, shaping the trajectory of art in the digital era.607 views -
Navigating the Nexus: An In-Depth Analysis of the Interplay between International Law and Human Rights in the Contemporary Global Landscape
Assistant Professor at Government Law College, Churu (Rajasthan), IndiaPages 1525 - 1543This holistic discussion in this paper delves into the complex dynamics between international law and human rights, uncovering how this relationship has evolved concerning contemporary world politics. By highlighting the revolutionary change from state-based to human-oriented principles, this study therefore turns its focus on some of these challenges which include variety and fragmentation in legal regimes; tension between universalism and relativism in constitutional rights laws balancing conflict among domestic courts harmonization with national interest. However, to appraise the adequacy and accountability of international law and human rights institutions is critical whereby United Nations organs, and regional human rights systems from 1948 into the present play a key role. Labelling international law to be the "law of nations," one should notice a few keywords, which include principles governing an international legal system, sources and also its dynamic development. Historical evolution of human rights traces its roots to milestones like the Peace Treaty in Westphalia whereby they evolved from natural principles into Enlightenment ideas. This complex system is outlined in detail to reveal what opportunities and challenges similar systems offer, contributing towards a more interconnected global legal order.826 views -
Reservation in Promotions in India
PhD scholar at Rajiv Gandhi National University of Law, IndiaPages 1544 - 1549In India, decades after independence, the question of reservation in promotions holds the rank of a contentious subject. Reservations are meant to remedy historical injustices and promote diversity, but to win over backward classes, different parties have politicized reservations frequently. This article undertakes a thorough examination of several Supreme Court rulings concerning reservation in promotions. The article seeks to spell out the nuances and consequences of reservation rules on the subject of job promotions by critically analyzing these rulings.730 views -
E-Commerce Beware: The Rising Tide of IP Infringement
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 1550 - 1566Due to tremendous increase in e-commerce all over the world, IP infringement, particularly in the field of e-commerce, has witnessed huge growth. It has put pressure on enforcement mechanisms and also created a need to ensure strong legal regimes. This article would focus on the complex issue of IP infringement in the context of e-commerce in India. The article encompasses different types of IP infringement such as abetting manufacture and sale of counterfeit products, copyright infringements, trademark infringement, patent infringements and the role of e-commerce platforms in IP protection. The article also summarizes national laws and international treaties that govern IP enforcement. Additionally, it provides a case study of how the judiciary is responding to these challenges and conclude with salient points on the need for international cooperation by all concerned stakeholders; the need for new legal regimes to deal with digital infringements, and the need of technology in ensuring robust IP protection in the marketplace.769 views -
Rights and Protection of Civilians during Armed Conflicts
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 1567 - 1580Peacebuilding alludes to efforts to sustain countries and regions in their passage from contend to peace and to reduce a risk of lapsing or relapsing into encounter by strengthening general capacities for conflict conduct, and laying the foundations for sustainable peace and development. Building a durable stop in war-torn societies is a daunting defiance for all-embracing stops and certainty. Peacebuilding requires constant international seconds for public efforts across the broadest frequent of activities. For instance, peace builders monitor ceasefires, scatter and restore combatants, befriend the respond of refugees and displaced persons, help to organize and oversee elections of a modern government, assist justice and certainty sector emend, enhance human becoming protections, and nurse reconciliation after beyond atrocities. This Article aims to bring forward the conflict situations, the sufferings due to such situations and the civilian outlook towards the same. It also aims to find certain solutions to the situations of warfare and other conflicting causing atrocities.610 views -
Geographical Indications and its Protection under IPR: A thorough Study on Cross Border GI Disputes between India and Other States
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 1581 - 1592The term Geographical indication was first introduced in the year 1883 during the Paris convention in which geographical indications were defined as an element of the IPRs. Since then, GI went through many reforms and changes along the years and was enacted by India under the geographical indications of the goods (registration and protection ) act,1999. This article deals with the development of GI, the correlation between GI and The Intellectual Property Rights, the mechanisms of Geographical Indication, the article also incorporates the challenges/issues faced by India, with an overview of the complications encountered during the implementation of GI in India. This article focuses upon the challenges and disputes faced by the states in India. The complexity of origin of the property is faced by various inter and intra states resulting in several disputes. Since the introduction of GI in India, the awareness and knowledge about GIs efficiency and benefits have been limited. In all, this article not only gives an overview of GI Tags but also addresses the issues and complications at present.1,066 views -
Role of Local Self-Government
Student at Law College Dehradun, Uttaranchal University, IndiaPages 1593 - 1601This article talks about local self-government and its types. Evolution of panchayat raj where I explain the committees which were established for better functioning. Which type of problem faced by hilly villages or other villages. Comparison between hilly villages or other villages. How we can solve the problem of all villages. What is the reason rural areas are not more developed than urban areas. What are the differences between urban areas or rural areas. Why rural people migrate from rural to urban areas. Comparison between rural areas development and urban areas development. Which type of problem faced by people who live in rural areas or urban areas. Issues and challenges for the development of rural areas and urban areas and Suggestions.686 views -
Laws and Policies related with Money Laundering Act 2002: A Study in Light of Leading Cases of Supreme Court
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 1602 - 1609This study examines the laws and policies concerning the Prevention of Money Laundering Act 2002 in India, focusing on key Supreme Court cases. The research delves into the enforcement and compliance landscape shaped by the Act, highlighting the impact on financial institutions and reporting entities. By analysing prominent legal cases, the study aims to elucidate the judicial interpretations and implications for combating money laundering effectively. Through a comprehensive review of the legislative framework and judicial precedents, this research provides insights into the evolving regulatory environment and the role of the judiciary in shaping anti-money laundering efforts in India.1,698 views -
Understanding the Stigmatization of Ex-Convicts in Society: A Comprehensive Study
LL.M student at Kazi Nazrul University, Asansol, West Bengal, IndiaPages 1610 - 1618The persistent issue related to stigmatization of those who have a criminal past holds potential repercussions not only on an individual’s life but on the community as a whole. These individuals faced multiple hurdles to reintegrate into mainstream society. Rejection, devaluation, and discrimination based on their criminal past make their lives hell and often hinder their ability to establish social relations, economic independence, or even to live their lives to the fullest. This stigma among ex-convicts often restricts their civil and legal rights as a collateral consequence of having a criminal history. The primary objective of this study is to understand the interplay between community skepticism with respect to ex-convicts’ reintegration in society and their perceived stigma, to investigate the root causes related to stigma, and to examine factors like media-driven, legal, and social elements that specifically contribute to the stigmatization of these individual. Further, this study delves into the grave effects of stigmatization, such as being excluded from mainstream society, difficulty gaining work, detrimental effects on mental health and overall well-being, etc. Additionally, it focuses on potential mitigating strategies, including rehabilitation programs, educational campaigns, and policy reforms to deal with this enduring social issue. Thus, it comes to a conclusion with every detail to foster social justice in our community.1,445 views -
The Igbo Apprenticeship System (Igba Boyi): A Keystone of Entrepreneurship and Socio-Economic Development in Nigeria
Department of Business Administration, Christopher University, Mowe, NigeriaPages 1619 - 1637The Igbo apprenticeship system has historically played a pivotal role in the lives of the Igbo people and has continued to significantly impact Nigeria, particularly in the aftermath of the war and into the present day. This system, characterized by the fusion of traditional values with contemporary business practices, has played a pivotal role in facilitating skills acquisition, wealth generation, and community empowerment. As Nigeria grapples with complex economic challenges, the Igbo apprenticeship system stands as a compelling exemplar of the potential for indigenous knowledge and practices to underpin sustainable progress. The Narrative-Textual Case Study (NTCS) approach and Development Economics (Lewis1984) theoretical framework were employed to delve into the intricacies of the Igbo apprenticeship system. This work delves into an exploration of the multifaceted impact of the Igbo apprenticeship system, shedding light on its significance as a model for harnessing cultural heritage to propel socio-economic growth with recommendations on how to promote and sustain the system. This research recommends judicial intervention in apprentice settlements to address unforeseen Master-Servant disputes and enhance entrepreneurial skills, while enhancing educational institutions' pedagogical approach to foster an entrepreneurial mindset among young people.1,303 views -
Do Transgenders, Intersex and Gender Fluids come under the Purview of Feminism and Women Rights?
Student at Himachal Pradesh National Law University, IndiaPages 1638 - 1652During one of the Human Rights debates, the question emerged was whether the gender fluids be able to qualify for women rights when they feel their sexual orientation is parallel to that of a woman. The following paper is research revolving around such question mulling over whether to include the LGBTQ+ community, namely intersex, transgenders and gender fluids, under the blanket of women rights and feminism or form a yet another group. The questions become pertinent since the already meagre benefits catered to the women gets abridged with inclusion of the LGBTQ+ in the feminist coterie. The Feminists movement has been around since 17th century while LGBTQ+ has been brewing since the late 1960s. In the Indian realm, since there is no concrete law to buttress the LGBTQ community’s stand, this question owes an answer, making the fulcrum of which future laws could be made. The researcher seeks to answer the question in the title with a lens of the Indian landscape.603 views -
Yoga in the New Digital Century: Exploring its Utilization and Impact in the Era of Social Media
UGC NET Qualified and Former Student of MA (Yoga), IndiaPages 1653 - 1661Yoga, an ancient practice originating from the Indian subcontinent, has gained immense popularity worldwide in recent decades. With the advent of social media platforms, the dissemination of yoga-related content has reached unprecedented levels, influencing how individuals perceive, practice, and engage with yoga in the new century. Also, with social media addiction, people are required to engage in yoga practices and how they can benefit positively from social media in terms of yoga. The research paper has described the evolution of social media and its fast pace development in the 21st century, so-called the digital era and how it has helped in taking the advantages of yoga to the hands of the people living in the remotest areas. This research paper examines the intersection of yoga and social media, exploring how digital platforms have influenced the practice, dissemination, and perception of yoga. This research paper investigates the utilization and impact of yoga in the context of social media, examining its effects on practitioners, communities, and the wider yoga industry. Through a comprehensive review of existing literature, empirical studies, and qualitative analyses, this paper aims to provide insights into the evolving landscape of yoga in the digital age.909 views -
Judicial Process on Environmental Development and State Policies: An Analytical Study
Research Scholar at VELS Institute of Science, Technology and Advanced StudiesPages 1662 - 1666Judiciary is the watchdog of democracy and guardian of our Constitution. Judiciary is one of the organs of the government and it is an independent authority. There should be Rule of Law in a democratic country. Where in India it was applied by means of independent judiciary. The judiciary from the commencement of constitution had played a vital role in development of society which has foreseen by the legislature. Generally, the judiciary work is to interpret laws, beyond this the judiciary has gone through their own view for extend hands to develop the society and human rights. Through this way the environment protection is one of the major areas where the judiciary has evolved a various principle to protect it. This article analyses environmental development by the judiciary which comes in conflict with the government policies. Further this article also analyses the reason behind the decision which favors the environmental protection and the government policies in various periods.603 views -
Plea Bargaining in India: An Appraisal
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 1667 - 1676The burden of the cases pending is the utmost problem that the Indian judiciary is facing. Enormous backlog of approximately 44 million or 4.4 crore pending cases has entirely paralysed the judicial system of India. Introducing plea bargaining represents a novel approach in India. In the modern era of criminal justice system in India, plea bargaining can be used as an important alternative tool to significantly reduce the number of criminal cases pending before the courts. Plea bargaining was incorporated into the Criminal Procedure Code of 1973 through the Criminal Law (Amendment) Act of 2005. This provision became effective on July 5, 2006. Chapter XXI-A, comprising of 12 sections, has been added as an amendment. The implementation of plea bargaining in the Indian criminal justice system is primarily a reaction to the unacceptable current situation, characterized by the prolonged processing of criminal cases and appeals, the substantial backlog of cases, and the dire conditions experienced by prisoners awaiting trial in jails. The bill sparked significant debate among the public. The critics of the plea bargaining system contend that it is not effectively implemented and runs contrary to the principles of public policy within our criminal justice system. This paper aims to analyse and comprehend the Indian concept of plea bargaining. Additionally, this model will be compared to the American model.889 views -
Draft Arrest Policy for India
Student at Symbiosis Law School, Hyderabad, IndiaPages 1677 - 1684This paper looks at the idea of an arrest, the processes that go into it, and the rights that an arrested person has. First of all, it describes arrest as the process of apprehending and securing a person, so robbing them of their autonomy and freedom of movement. The paper then explores the arrest procedures specified in the Criminal Procedure Code of 1973, including warrantless and warranted arrests. Arrests without a warrant are only made for crimes that are considered to be more serious than non-cognizable offences, which are generally considered to be less serious transgressions. The report also goes into detail about the rights that are accorded to the person who has been arrested, including the right to legal representation, the right to know why they were detained, and the right to appear before a magistrate as soon as possible. Guidelines for arrest procedures and the rights of the arrested person have been established by a number of case laws. Critiques of this procedure have been made, nevertheless, especially in relation to India's corruption and related malpractices, which can make it more difficult to detain people legally and protect their rights.685 views -
Harvesting Injustice: A Critical Analysis of India’s Agricultural Laws and the Imperative for Reform
Student at Amity Law School Noida, Amity University Uttar Pradesh, IndiaPages 1685 - 1734This dissertation scrutinises India's agricultural landscape, tracing its historical evolution and dissecting the causes behind the prevailing agrarian crisis. It contends that the primary driver of this crisis is the escalating privatisation of the agricultural sector. Through a rigorous examination, it elucidates the influence wielded by global institutions like the IMF, World Bank, WTO, and multinational corporations on India's legislative framework. Critically appraising the 2020 agricultural bills, the study highlights their potential to exacerbate inequalities and erode food sovereignty. It advocates for the implementation of the MS Swaminathan Committee report as a pathway towards reform, emphasizing the urgent need for policies that prioritize farmer welfare and sustainable agricultural practices.762 views -
Collective Responsibility of Ministers under the Indian Constitution
Student at National Law University, Jodhpur, IndiaPages 1735 - 1751"The resilience of a team lies within the unique contributions of its members, while the collective effort of each member bolsters the team as a whole."The council of ministers, in a democracy, are the representatives of the citizens and, in turn, decision-makers of the country. As the cabinet ministers form the majority government, they are collectively responsible for all the policies and their implementation. Through this paper, the authors have studied the essence of the constitutional provision of collective responsibility of the cabinet ministers and attempted to explore the facets or features of this customised responsibility of the majoritarian council of ministers. The features of collective responsibility include Ministers acting as a unit aligned with the majority view, maintaining secrecy, and accountability to the citizens. The paper stipulates constitutional provisions that have vested the council of ministers with collective responsibility. The authors have also compared and contrasted the stipulated provision in the Indian constitution with the individual responsibility of the ministers. In the latter part of the paper, the authors have analysed & interpreted the provision of collective responsibility. The references of this paper include a combination of primary and secondary resources -- books, research articles, case laws, and constitutional provisions. In conclusion, the authors have encapsulated the discourse by addressing the contemporary relevance of the constitutional provision of collective responsibility within a democratic framework, alongside emphasising the importance of ministerial accountability to the parliament. Ultimately, "The accountability of leaders acts as the cohesive force uniting dedication to achieving results, thus reflecting the caliber of leadership."2,073 views -
Facilitation of Economic Development through International Trade, with special reference to Developing Nations
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 1752 - 1765International Trade provides a large variety of goods and services across the globe. The benefit of International Trade includes jobs, economic opportunities, economic cooperation and harmony among nations. In this article, I have focused upon how international trade can work more efficiently in facilitating better benefits for all the nations. The conduct of International Trade depends upon many factors such as Port Efficiency, Customs, Regulations, infrastructure used for facilitating trade, Tariffs and even costs for Import and Export. In this article I have addressed how such factors can be improvised to render better results. International Organizations play a major role in addressing solutions for the issues prevailing and even aiding the nations through grants and loans so that the other nations can also liberalize trade; thereby the role played by Regional Trade Organizations cannot be undermined as they also provide more benefit by working in close cooperation, rendering more economic support, better relations and a smooth flow of trade. This article also addresses how international trade facilitates economic development of the nations, since trade brings many opportunities and most importantly economic cooperation, hence, the nations actively participating in global trade benefit more economically. This article provides a correlation between international trade and economic development of developing countries, and how such has resulted in better GDPs and more exports by the developing nations. The developing nations have more opportunities in the vast area of international trade, boosting their economy, providing more income and improving their employment rates.723 views -
Doctrine of Separation of Power: A Comparative Study of the Constitution of U.S.A, U.K and India
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 1766 - 1770The doctrine of separation of power being considered as an important pillar of democracies, had to demarcate the governmental power, authority or function into distinct entities to avoid misuse of such power. The origination of doctrine can be traced back to Aristotle and Roman Republic. Subsequently, developed by John Locke and Montesquieu. Further founding fathers of U.S.A inserted the element of doctrine into their Constitution. Major democratic countries like the U.S.A, the U.K, India, etc. inserted more or less the elements of the doctrine either into their constitution or impliedly in use.600 views -
Revisiting the concept of Reasonable Apprehension of Death or Grievous Hurt in Private Defence Cases: Perspective from Indian Jurisprudence
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 1771 - 1779The concept of the right to private defence is based on the notion that every person has an inalienable right to defend themselves against an unauthorised aggressor by using efficient self-defence and that no one is expected to flee when their life, limb, or property is in danger but to take revenge instead. It is based on the broad idea that when someone tries to commit a crime using force, it is acceptable to resist them in self-defence. The ability to legally inflict harm on another person when necessary—that is, when a man finds himself in a situation where he faces immediate danger—is known as the right to private defence. When it comes to defending his life, the life of another, or his property against serious harm, he thinks that striking is appropriate. The private right to defend oneself or one's property only arises in cases of justified fear of injury. A real concern that something will happen to one's body or belongings results from an attempt or threat to commit the crime. Anxiety levels should be in line with what a normal person would feel at the crucial point. Superstitious worries, however, would remain unabated. Therefore, even though the right to self-defence is acknowledged, using it depends on whether or not one believes that there is an immediate threat.906 views -
Role of Indian Judiciary in Granting Protection against Custodial Violence: A Legal Analysis
Principal(FAC) at Government Law College, Tirunelveli, IndiaPages 1780 - 1793The custodial violence is a serious human right violation practiced by the law enforcement authorities but judiciary acts as a guardian of the Constitution and interprets the law in a manner that upholds fundamental rights and freedoms. It has the power to review and strike down laws or practices that infringe upon these rights, including acts of custodial violence. By holding state authorities accountable for their actions and ensuring compliance with international human rights standards, the judiciary acts as a bulwark against abuses of power. Despite the fact that there are many safeguards in international and local laws, high number of infractions that go unpunished, there are still grave instances of custodial violence takes place in the society. This study analyses the role of Indian judiciary in granting protection against the custodial violence.667 views -
Judicial Role in Prevention of Women from Sexual Harassment at Workplace in India: A Legal Analysis
Principal (FAC) at Government Law College, Tirunelveli, IndiaPages 1794 - 1807Sexual Harassment is a serious threat to healthy working environment. It has been practiced since the advent of waged labour; however, it has only been in recent years that women have had a name of their experiences of it. Sexual Harassment cannot be termed as a new phenomenon but definitely, fast changing workplace equations have brought this dark underground reality to the surface. India is no exception to the same but this issue has become ubiquitous in every part of the world. More or Less, it covers every part of the world within its shackles. Because of the silence surrounding the issue, it is not often discussed, but its presence can be felt in almost every workplace where women have entered. In other words, we can say that no sector remains untouched by this problem. This study analyse the role of Indian Judiciary in prevention of women from sexual harassment work place.779 views -
A Study on Intellectual Property Rights and Intellectual Property Management
Student at BRCM Law College, IndiaPages 1808 - 1817Any society's growth is directly influenced by IPR and its regulatory environment. IPR ignorance leads to the death of inventions, increased infringement risk, financial loss, and the demise of the nation's intellectual era. Intellectual property (IP) has to do with how the human brain is used to create and innovate. To invent or enhance anything new, a variety of inputs such as labour; time, energy, talent, money, etc. are needed. Legal rights, often known as monopoly rights, are granted to the inventor or creator so they can profit financially from their creations. Like physical property, these intellectual property rights (IPR) are territorial rights that may be registered with a legal body in a presentable or tangible form that can be bought, and sold, or leased. IPR offers a safe space for merchants, scientists, artists, investors, and others to promote creativity and scientific temper. IPR is the focus of international trade practices and means of subsistence in the current globalist environment. One of the most important tools for assisting a nation's goals of innovation and growth is a harmonious IPR system. The legal liberties given to people or organizations that preserve their creative works, including inventions, literary and artistic compositions, and names, symbols, and pictures used in trade, are known as intellectual property rights, or IPRs. These rights provide the creators exclusive rights for a certain amount of time, which stimulates them to create and invest in their works. As a result, these rights serve as essential for promoting creativity, innovation, and investment in research and development. IPR encompasses an extensive array of legally binding protections, including trade secrets, industrial design, geographical indications layout design, patents, trademarks, copyrights, and geographical indications. Patents can be utilized to protect industrial inventions, trademarks are used to protect brand names, and copyrights are used to protect literary and artistic endeavors. Each of these forms of protection has an independent purpose.825 views -
Understanding Article 370: Origin, Evolution and Significance
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 1818 - 1838The abrogation of Article 370 and the subsequent enactment of the Jammu and Kashmir Reorganisation Act, 2019, marks a significant constitutional and political milestone in the history of India. This study aims to critically analyse the implications and ramifications of this historic move, particularly focusing on its legal, political, social, and economic dimensions. The study begins by providing a comprehensive overview of Article 370 of the Indian Constitution, its historical context, and the unique special status it conferred upon the state of Jammu and Kashmir. It delves into the debates and controversies surrounding Article 370, examining the arguments both in favour of its retention and those advocating for its abrogation. Furthermore, the study conducts a detailed examination of the Jammu and Kashmir Reorganisation Act, 2019, analysing its provisions and the manner in which it alters the administrative and political landscape of the region. Special attention is given to the implications of the reorganization on governance, citizenship rights, and socio-economic development in Jammu and Kashmir and Ladakh. Moreover, the study explores the responses and reactions elicited by the abrogation of Article 370, both domestically and internationally, assessing the geopolitical implications and diplomatic ramifications of this transformative constitutional amendment. Through a multidisciplinary approach encompassing legal analysis, political science, and socio-economic perspectives, this study seeks to contribute to a nuanced understanding of the complexities surrounding the abrogation of Article 370 and its aftermath. It aims to provide insights that can inform future policy decisions and academic discourse on the subject, while also fostering a deeper appreciation of the historical and constitutional significance of this landmark event.1,346 views -
The Significance of E–Commerce in Emerging Markets
Student at Amity College of Commerce and Finance Amity University Uttar Pradesh, IndiaPages 1839 - 1885Consumer behavior towards e-commerce in India has undergone a significant transformation over the past few years. Electronic commerce, or e-commerce, has grown in popularity as more and more people have access to the internet and more and more people own smartphones. Convenience is one of the main factors influencing Indian consumers' attitudes about e-commerce. People nowadays are always seeking for new methods to save time and effort, and one of the biggest challenges they face is shopping. Customers love e-commerce because they can shop whenever it's convenient for them, read reviews, compare items, and make purchases. Pricing is another major motivator for Indian consumers to engage in e-commerce. You can get great offers, discounts, and competitive pricing on e-commerce platforms that you won't find in brick-and-mortar establishments. Consumers are becoming more price-conscious and deal-obsessed as a result of the ease with which they can compare prices and shop at various internet merchants. Consumer behavior toward e-commerce in India has been significantly shaped by the expansion of social media and online communities. There has been a dramatic uptick in the use of social media as a venue for product and service promotion, and users are increasingly seeking out these sites for expert advice. Online communities and forums provide a platform for consumers to share their experiences and opinions, creating a sense of trust and credibility around e-commerce platforms and products. The aim of the study is to analyze the perception of e-commerce among consumers and to understand the consumer behavior related to e-commerce.759 views -
The Anatomy of Corporate Deceit: Understanding Fraudulent Practices
PhD Scholar at KIIT School of Law, IndiaPages 1886 - 1899This article aims to find answers to questions such as: what is the meaning of corporate deceit/fraud, its categories, regulations related to it, whether the existing regulations are capable of preventing corporate fraud, and what are the consequences of it. Further, the cases of corporate fraud in India will be discussed with detailed analysis. Finally, this article will be concluded while analyzing the current scenario of corporate fraud in India and shedding light on plausible solutions to prevent it.609 views -
Federalism in the 21st Century: Adapting to Global Challenges and Local Realities
Professor & Principal at School of Law, Rai University, Ahmedabad, IndiaPages 1900 - 1905The federal system is largely a product of the industrial revolution. We can assume that the development of the modern market economy and federalism are inextricably linked because these two systems or organising principles one dealing with the regulation of economic markets or exchanges, the other with the regulation of political markets or political interaction have certain advantages over one another. Even though we have lived in three different federal systems the United States, Switzerland, and India we are more acquainted with the federal system in India, thus most of our observations today will centre on some of its most important features. India’s federal system is more than 75 years old, while the US, Switzerland, and Canada have been around for more than 200 years. India’s federal system has done a fantastic job of advancing democracy, preserving national unity, and advancing the country’s economy. Federalism, as a form of governance, has undergone significant transformations in the 21st century due to various global, national, and local dynamics. This research paper explores the contemporary landscape of federalism, examining its challenges, the evolving dynamics shaping its operation, and the adaptations it undergoes to address modern societal needs. Drawing on interdisciplinary perspectives, including political science, law, economics, and sociology, this article provides a comprehensive analysis of federal systems worldwide. It highlights key themes such as the impact of globalization, technological advancements, demographic shifts, environmental concerns, and the rise of populism on federal structures. Moreover, it investigates how federal systems navigate decentralization, autonomy, intergovernmental relations, and the distribution of powers in an increasingly interconnected world. By synthesizing theoretical frameworks and empirical evidence, this article offers insights into the resilience, flexibility, and viability of federalism as a governance model in the 21st century.900 views -
Impact of Digital Marketing on Success of Organizations
Former Assistant Professor at St. Wilfreds PG College Jaipur, IndiaPages 1906 - 1910Digital marketing has emerged as a powerful tool for success of every task in today’s world; hence organizations are no far from this. In present business world if any system or an organization works without digital marketing tool it is being considered as a dead business. Digital marketing significantly transform the way organizations promote their products and services, interact with customers, and ultimately achieve success by enabling them to reach their target audience more effectively. in today's fast-paced and increasingly digital world, organizations that harness the power of digital marketing effectively are better positioned to drive growth, build meaningful relationships with customers, and stay ahead of the competition.500 views -
Comparative Analysis of Developed Countries’ Legal Frameworks for Missing Children with a Focus on Security Measures
Student at Himachal Pradesh National Law University, IndiaPages 1911 - 1924As rightly said by Jawaharlal Nehru “children are like buds in the garden and should be carefully and lovingly nurtured as they are the future of the nation and citizens of tomorrow”, children surely are the asset of the nation. According to UNICEF‟s “The State of the World’s Children,” report for 2006, one-third of the world’s children lack adequate shelter, 31% lack basic sanitation and 21% have no access to clean, potable water. Illness, malnutrition, and premature death are common when children lack the most basic protection. NCRB’s (National Crime Report Bureau) annual report “Crime in India” , states that 83,350 children (20,380 male, 62,946 female and 24 transgender) were reported missing last year. Further, a total of 80,561 children (20,254 male, 60,281 female and 26 transgender) were recovered or traced. NCRB figures for the five years up to 2022 show a mostly rising trend in the figures of missing children — a spike of 7.5 per cent in 2022 in comparison to 2021, a significant surge of 30.8 per cent in 2021 against 2020. This is a major concern for the whole nation, the safety of its children, the tomorrow of the country is not safe and secure in their environment. To terminate this heartless apathy and unease concerning the safeguarding of minors, it is vital to take immediate actions and preventative measures to avoid such heinous crimes. This research paper is divided into 3 chapter. The first chapter will be dealing with legal framework in India regarding the addressal of the issue of missing children and its comparative analysis with the legal framework of other countries. The second chapter will take into account the enforcement of the laws and the challenges faced, the roles of NGOs including Search My Child Foundation. The third and the last chapter will be dealing with preventive and immediate actions that should be taken, how NGOs and governmental bodies can work together to reap maximum benefit including the conclusion of the paper.681 views -
Exploring the Death Penalty: Perspectives, Impacts, and the Pursuit of Justice: An Overview
Technical Institute, Northern Technical University, Al-Dur, IraqPages 1925 - 1929Using a quantitative content analysis that tracks the anti-death penalty movement across fifty years, this research looks at how their framing choices have changed. During this time, the national legal environment saw many significant doctrinal revisions, which in turn shaped and transformed the conversation around death punishment. While several have examined death sentence framing, no one has taken an empirical, systematic method that puts the speakers' frames front and centre. This project examines the following questions: (1) which frames were dominant in the anti-death penalty movement discourse in the early 1970s, during the abolitionist movement's height; (2) how were these frames displaced by subsequent changes in discursive opportunities, as anchored in major court decisions; and (3) which frames were marginalized and the social impacts of their marginalization as other frames became dominant. It also takes into account the diversity of frames held by movement participants. This review seeks to address these problems by examining the anti-death penalty frames used in a statistically significant sample of stories published in the New York Times and the Los Angeles Times between 1965 and 2014. While the findings show that the movement is now more dependent on instrumental frames than moral ones, the movement literature may have exaggerated this trend. This study sheds light on a movement that has failed to make a dent in public discourse and policy debates by examining the media's impact on cultural resonance, the relationship between movement framing and public opinion, and the differences in framing among movement factions.691 views -
Tech-Enabled Transparency: A New Era for Land Acquisition and Resettlement
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 1930 - 1944Starting from the evolution of the systems of land acquisition, rehabilitation and resettlement, this Article then dwells upon how the PNA Act of 2013 has transformed the said processes and the role technology can play in making them efficient, fair and transparent. After drawing a broad outline of the current scenario of land acquisition in India, this Article specifically looks at the use, role, potential and challenges the applications of Geographic Information Systems, blockchain, smart mobile applications, etc, can play in refining the process of land acquisition. The Article further discusses the major hurdles that need to be overcome/considered in this regard: the digital divide, apprehension regarding the data security and the need incumbent upon the legislature to amend the existing statutes to incorporate the technological solutions. The Article concludes with providing recommendations for policy reforms in the form of revising and amending the PNA Act of 2013 by extending provisions to encourage the use of these technologies, enacting specific statutes pertaining to technology and land acquisition, initiatives for digital literacy in rural masses in particular and spreading awareness in general and public-private partnerships for developing technological solutions.559 views -
Patent Pool in the Automotive Industry
PhD Fellow at Inter University Centre for IPR Studies (IUCIPRS), Cochin University of Science and Technology (CUSAT), IndiaPages 1945 - 1958Realisation of Internet of Things (IoT) technologies requires technological inputs from various dissimilar technology sectors. Patenting of such technologies has created a technological barrier for the development of new technologies of IoT. This scenario has created a complex licensing landscape itself, which had already led to the sprouting of multiple issues and problems of varying degrees in various sectors of industries. Patent pools is said to be a one stop solution for these issues, only if it is carried out in a fair and non- discriminatory manner, for every single seekers of the technology. As one of the early adopters of internet of things, the automotive industry, for the development of autonomous vehicles, is a relevant industry sector choice to have a study on how far the use of multiple dissimilar technologies of dissimilar industry sectors creates problems in the development of IoT technologies, when patent system allows the patentee to restrict the use of a patented technology by others. In this paper, we shall discuss the technology requirements of automotive sector for the development of internet of automobiles (IoA) by developing and facilitating autonomous vehicles. We look into the shift the industry faces when moving from a traditional patent licensing terms within the industry to complex licensing mechanisms that has to be done with other industry sectors. How effective is patent pool mechanisms and the current working of it is important to look upon.800 views -
Capital Gain in House Property
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 1959 - 1976Having more than a superficial understanding of the economics and mechanics of capital gains on residential property is paradoxically a social and economic task. For example, despite typically being lumped together as taxable gains by the financial media and general public, short-term capital gains and long-term capital gains are taxed differently. This differential treatment, by taxing the higher proportion of greater gains at higher tax rates (and vice versa), potentially influences how investors trade and invest-in other words, how price behaves-because they are subject to different penalties and different timescales (typically how long an investor must own an asset to qualify for the lower, long-term rate; or ‘minimum holding period’). The tax treatment of capital gains is also geared towards redistributing wealth, which is why we have progressively higher tax rates on larger gains (or what’s called progressive tax brackets in the US). The paper touches on other tax-related issues such as tax credits to incentivize affordable housing. Then comes property ownership and rental income, and what happens to it legally, a veritable maze of mind-numbing precedent. Among other things, this includes how the economics of capital gains can be creatively and effectively managed, from the timing of sales and tax loss622 views -
Navigating the Intersections of Environmental and Social Sovereignty: A Comparative Analysis of India and South Africa
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 1977 - 1996This article offers a comparative analysis of both environmental and social sovereignty in India and South Africa, placed within the complexities of their colonial legacy – their path-dependent challenges of governing natural resources and environment on one hand, and arriving at equitable social justice on the other. By examining the role of British colonial rule on their environmental landscapes and social orientations, we illustrate some common experiences of the two countries, which share both a plural society transformation-legacy of the colonial period but also a divergence in the trajectories of postcolonial development carried down from that colonial past. We begin with some definitional clarity, follow up with historical antecedents, contemporary legal frameworks, and a comparative understanding of the struggles between development, conservation and social justice, as well as postcolonial attempts in social mobilization and political agency to articulate and advance these varying aims while striving for some form of environmental and social sovereignty. We situate this analysis by examining these countries’ legal and governance frameworks, social justice movements, and the role of indivisible indigenous knowledges within environmental management, and close with four recommendations on leveraging development and environmental sovereignty through indigenous knowledges, strengthening legal architectures, and advocating public participation in decision-making processes of development such as land use. In summary, this comparison can clarify a much-discussed complex problem of environmental and social sovereignties in post-colonial states.739 views -
An Overview on the Rights of Arrested Persons under Indian Law
LL.M. student at School of Legal Studies, REVA University, IndiaPages 1997 - 2031Human rights and violation to it as the never-ending problem in a society like India, where everything is diverse in culture and more traditional. Since the time, the society started evolving, the need human rights have also started evolving. Still, being in the country where there is a Case and Religion system, patriarchal mindset and lack of education, most of the people does not even know their basic human rights. This leads to the question of awareness in them about the rights of begging an arrested person. Though all the person arrested are not a actual accused, they are mostly targeted from the rural areas, uneducated, minority communities, marginalized communities, women, and etc. This is because, the Indian society still sticks back into the certain behaviours as the culture in which even the violation of human rights has changed into a culture. To prevent the rights from any kind of violation, we must know the rights first apart from being a Peron who is in conflict with law or not. Thus, the study on the rights of arrested person in India is an indispensable one for promoting a fair justice, protecting the human dignity and ensuring the effective functioning of the Indian criminal justice system. This paper provides a detailed study on the rights of arrested persons in India, by examining the legal protections given by The Indian Constitution, The statutory provisions and the judicial interpretations. The study, by scrutinizing the landmark judgments, relevant case laws and provisions, it focuses on each right of an arrested person separately in detail under an umbrella of rights before trial and rights at the time of trial. The paper concludes with analysing the effectiveness in implementing the rights and related laws of arrested person in India, today, and with the need to uphold the human dignity within the criminal justice system.812 views -
Natural Resource Underpricing in WTO Subsidies Rules and Beyond: A Reflection of North-South Divide in Globalization
Student at Presidency University Bangalore, IndiaPages 2032 - 2045This paper delves into the complex issue of natural resource underpricing within the framework of World Trade Organisation (WTO) subsidy rules, highlighting its role in perpetuating the North-South divide in the context of globalisation. By tracing the historical context and evolution of these subsidy rules from the General Agreement on Tariffs and Trade (GATT) to the current WTO framework, the study underscores the significant economic impact on developing countries. It includes detailed case studies, such as the People's Education and Development Organisation (PEDO) project in Rajasthan and sustainable forestry management in Brazil, to illustrate the challenges and successes in natural resource management. Furthermore, the paper assesses the broader economic implications of WTO regulations on the Global South, emphasising the need for effective implementation of Special and Differential Treatment (SDT) provisions and enhanced technical assistance. Finally, the research proposes critical reforms aimed at creating a more equitable trade framework that supports sustainable development, poverty reduction, and global economic equity. These findings contribute to the ongoing discourse on fair trade practices and the equitable integration of developing countries into the global trading system.664 views -
European Women and Indian Nationalism
Student at National Law University, Nagpur, IndiaPages 2046 - 2063This research paper investigates the significant, yet often overlooked contributions of European women to the Indian nationalist movement, uncovering how they navigated the complex landscape of colonial India through political activism and cultural exchange The study starts by examining the broader role of women in Indian nationalism, showing how they played crucial roles in challenging norms and fighting for independence. It then focuses on notable European women such as Margaret Noble, Madeliene Slade, Catherine Heilmann, Annie Besant6, Muriel Lester, etc who supported India's freedom struggle by advocating for political rights, promoting education and healthcare and bridging cultural divides. Despite facing obstacles due to their foreign status, gender roles, cultural affiliations and patriotic expectations, these women showed great resilience and dedication. The project also looks at how their contributions have been recognized over time, noting that their roles were initially overshadowed by national figures, men, indigenous revolutionaries but are now being acknowledged more in one or the other way. Overall, the study shows that European women played a vital role in enriching the nationalist movement, influencing anti-colonial strategies, challenging gender norms and fostering cross-cultural exchanges. This recognition and realisation open doors for more comprehensive and accommodating discourses on Indian nationalist struggle thus helping to better understand the collaborative efforts that defined India's struggle for independence and reflects a shared desire for global solidarity, self-determination, women empowerment, humanity and independence.702 views -
Modification of An Arbitral Award: An Analysis
Student at Faculty of Law, Delhi University, IndiaPages 2064 - 2066The article aims to provide an insight upon the legal position of the courts under the Section 34 of the Arbitration and Conciliation Act 1996 to modify an arbitral award. It has been a long-standing question about the powers of the arbitrator and the courts to alter an arbitral award. The researcher suggests a balanced approach to such modification of an arbitral award, paving the way forward for the growth of the alternative dispute resolution mechanism in the country.780 views -
Legal Challenges related to Refugee Rights in India
Student at Bharati Vidyapeeth Institute of Management & Research (BVIMR), Department of Law, New Delhi, IndiaPages 2067 - 2080The following research paper delves into the complex legal landscape which governs the rights of different refugees taking refuge in India, shedding the light upon the challenges faced by the various asylum seekers within the country. India is not a signatory to the Refugee Convention of 1951 but still India has a significant population of the refugees, with diverse backgrounds and reasons for seeking the refuge. The absence or lack of a comprehensive legal framework within a country specifically addressing the rights of refugees creates a multitude of various legal challenges. The lack of a standardized refugee determination process is one of the prominent challenges which leads to uncertainty and inconsistent outcomes for asylum seekers. This issue exacerbates because of the absence of the legal definition for refugees , hindering the protection of the vulnerable individuals fleeing persecution. Furthermore, the limited access to legal representation for the refugees in India poses a significant obstacle to a just and fair adjudication process. The following research paper also explores the restrictions upon the rights of refugees to work and access education, exacerbating their vulnerability. Additionally, the absence of a clear mechanism for the durable solutions, such as resettlement or local integration, adds to the legal complexities faced by the refugees. Furthermore, the following research paper employs a comparative approach, analyzing international standards on rights of the refugees and contrasting them with the India legal framework. Through a detailed examination of policy documents and case laws, the following research paper identifies the potential areas for the improvement and suggests avenues for the legal reform. In conclusion, this research paper illuminates the pressing legal challenges confronting refugees in India and advocates for a more robust legal framework that aligns with international standards. Addressing these challenges is imperative to uphold the rights and dignity of the refugees seeking the refuge in the country.960 views -
Is Technological Growth Hindered or Pushed Forward for a Child’s Primary Education?: A Socio-Legal Study in India
LL.M. student at University of North Bengal, IndiaPages 2081 - 2096Education is becoming simpler for higher studies, research, and other purposes as technology advances, but the system or tradition of primary education is lagging behind. Primary education includes not just school education, but also parenting and community culture. As a result of the advancement of contemporary technology, the old generation is unable to handle it adequately, while the new generation of their birth has access, causing numerous issues among the children. The author of this article will nonetheless attempt to identify the numerous issues that the children face due to the absence of parental and institutional technology handling expertise. Here, this article was developed after consulting a variety of secondary sources like various journals, thesis, blogs, articles, etc. Last but not least author will provide the solution to handle such kind of problem which make strong roots of the well nation.642 views -
Cyber Defamation: The Corporate Angle and Its Impact on Brand Reputation
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2097 - 2116This research investigates the growing issue of cyber defamation, and how threatening it has become to corporate brand reputation in the digital era. Toxic and false internet content, with its widespread and quick diffusion of reach across social media, search engines and news platforms, pose serious threats to corporate brands worldwide by damaging their public image and financial performance. The paper critically reviews the types of cyber defamation ranging from social media defamation, fake review defamation to malicious email campaigns, among others, that have become existential threats to corporations worldwide. The paper also critically examines the relevant legal provisions in India, beginning with jurisdictions arising from the Information Technology Act 2000 and the Indian Penal Code that relate to cyber defamation. The review incorporates significant case law that illustrates how judges have responded to this emerging social challenge. The paper also attempts to discuss possible strategic responses that a company can adopt to protect itself against the risk of online defamation through three horizontal methodologies like reputational risk management, litigation and policy advocacy.760 views -
Legal Framework vs. Practical Realities: The Effectiveness of Fast Track Courts in Achieving Speedy Justice
Student at Law College Dehradun, Uttaranchal University, IndiaPages 2117 - 2132The paper focuses on the working of Fast Track Courts (FTCs) in India. The FTCs are established to reduce adjudication time for various categories of cases due to the immense backlog in the Indian judiciary system. The laws and cases associated with the establishment of FTCs are discussed along with a comparison with the functioning of regular courts. The article observes that even after the creation of FTCs with the intention to provide speedy justice, there are many impediments, such as budgetary constraints, staffing, adequate infrastructure, etc. Procedural inefficiency adds to the woes. The article provides a few solutions to better the working of FTCs, proposing a legislative clarity, stable budget and technological intervention.866 views -
Gender-Sensitive Approach of Juvenile Justice in India: Bridging Gaps for Male, Female, and LGBTQIA+ Youth
Student at Dharmshastra National Law University, IndiaPages 2133 - 2145The Juvenile Justice (Care and Protection of Children) Act, 2015 in India is commendable in recognizing the distinct needs of juvenile offenders, particularly through its gender-sensitive approach. However, it falls short in addressing the experiences of non-binary youth within the juvenile justice system. This paper advocates for a more comprehensive approach, drawing on international examples, legal frameworks, and mental health insights to highlight the necessity of explicitly recognizing and protecting the rights of LGBTQIA+ children, especially those identifying as non-binary. Collaborative engagement among lawmakers and stakeholders is proposed to amend the Act, ensuring inclusivity and protection for all youth.773 views -
Re-Examining Laws Related to Rape: A Comparative Study in USA and India
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2146 - 2157A girl kid can be a victim of a crime or the object of attention of one from the moment of her birth or earlier. The nature of the offences varies, just as the levels do. According to data from the National Crime Records Bureau, India's crime rate was 46 per 100,000 in 2012; the rate of rape was 2 per 100,000; the rate of dowry murder was 0.7 per 100,000; and the incidence of domestic abuse by spouses or their families was 5.9 per 100,000. "While the 85% prevalence of sexual violence in the country [India] is among the lowest in the world, it is estimated to affect 27.5 million women in India," said a 2014 report published in the Lancet. Additionally, according to a 2006 survey, only 1% of women who had suffered sexual violence—whether it occurred inside or outside of marriage—reported it to the police, and 85% of them never sought assistance. The author will discuss the causes of violence and gender discrimination as well as how women are treated in both countries. In addition, this discussion covers the rights of victims of rape as well as the gaps in the legislation against rape using a variety of case laws. Finally, it goes into detail on the changes that should be made to the laws of that specific nation.1,144 views -
Cross-Border Surrogacy and Technology: Addressing Legal Complexities in an Interconnected World
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2158 - 2178This paper unpacks the complex politics generated by cross-border surrogacy transactions in the context of changing technological practices, especially assisted reproductive technologies (ART) such as in vitro fertilization (IVF). It critically examines the legal and regulatory complexities generated by these technological interventions, and explores issues of legal, ethical and social boundaries. The paper maps the changes in global and Indian legal regimes governing surrogacy – from unregulated markets to tightly regulated, quasi-legal regimes. It introduces the surrogate’s right to protection and enforcement as central organizing principles of the new regulatory regime. It also discusses the effects of restrictive legal regimes on surrogacy, and on changing family forms, showing resistance to social diversity arising from changes in family technologies and changing notions of family. It argues for strong legal reforms to address the rise of new family forms and the technologies of ART.588 views -
Drawbacks and Misuse of Legal Enactments Originally Made to Protect Indian Women
Assistant Professor at Thakur Ramnarayan College of Law, IndiaPages 2179 - 2217In the realm of gender justice, laws have primarily focused on safeguarding women, yet a lesser-known narrative emerges concerning men grappling with false allegations and law misuse. This research delves into the motivations behind false allegations, examining their societal impact. Through case studies and legal precedents, it advocates for a balanced approach to gender justice, ensuring fairness for all individuals. Analyzing provisions in the Indian Penal Code, 1860, and the Bharatiya Nyaya Sanhita, 2023, alongside recent judicial interventions, it underscores the need for legal reforms to protect the rights of all genders.824 views -
Alimony Laws: Weapon or Shield
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2218 - 2226Alimony is a controversial financial safeguard for dependant partners after a divorce in modern-day India. The system's efficiency and impartiality are questioned in light of its propensity for abuse and adaptability to changing circumstances in society and the economy. Alimony tries to give monetary stability to the partners who undertook such sacrifices in order to lessen the income gap that results from divorce, especially when one partner gave up job prospects for the benefit of their family. The article explores the crucial impact that court decisions have on the continuous evolution and implementation of alimony laws. We may look at how authorities have construed and improved the support for spouse’s legal structure by examining seminal rulings. In addition to shedding information on the existing status of maintenance in India, this article will identify possible areas for future judicial declarations for enhancement. We can work to make sure alimony continues to be a fair and useful tool for providing worthy partners with financial stability after divorce by keeping an eye on the changing legal environment.1,974 views -
Law & Policies related to Digital Currency: An Analytical Study from an Indian Perspective
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2227 - 2236Cryptocurrency is seen as a digital virtual currency and cryptography which provide strong security to its dealing. Digital currencies include cryptocurrencies and central banks. Digital currencies play a vital role in reshaping the global financial system. The study focuses on examining the legal and policy framework surrounding digital currencies in India. It also highlights the regulatory developments and their socioeconomic implications. The journey of cryptocurrency in India began in 2013 followed by the advisories issued by the Reserve Bank of India. Highlighting the risk associated with cryptocurrency delays and further imposing bans on cryptocurrency. Which was further overturned by the Supreme Court in 2020. This judgement led to the proposal of the new crypto regulation bill in Lok Sabha. The focus was on banning private cryptocurrency and encouraging government-issued cryptocurrency. The central banking digital currency holds the potential for transformation of India's financial landscape. Due to recent developments and a massive increase in online users, there is a rapid growth of information and communication technology which introduced the concept of cryptocurrency in the market, involving transactions such as selling, buying and trading. In recent years, the concept of virtual currency has been in trend and used in a variety of systems. There are very limited countries that have a regulatory framework for dealing with cryptocurrency due to which most of the governments refuse to use it in their economic activities. The article is about the taxation and regulatory framework of the government of India and the future steps to be taken for better regulations. It also highlights the hazards and drawbacks of investing in cryptocurrency. India aims to balance innovation with financial stability in its regulatory framework. The evolving nature of digital currency is important to be monitored by India for harnessing the benefits of digital currency and positioning the country as a significant player in the global digital economy.542 views -
Intellectual Property Rights in India: A Study with Special References to Music Industry
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2237 - 2256The Indian experience of Intellectual Property Rights (IPR) in music is a complex view of the development of copyright law in conjunction with age-old cultural practice and technology. Tilak Purohit of the Copyright Society of India, in a journal paper, describes how Indian music had up until that point traditionally been seen as a shared inheritance, not something owned by an individual; the advent of commercialization due to recorded music, however, changed this dramatically, and a system of organised copyright was necessary. The Copyright Act of 1957 soon mirrored this property acquirement, with readjustments to conform to the changing nature of technology and the recognition of international treaties, multiple amendments later. A key element of contemporary copyright, most especially for this topic, is the doctrine of fair use or ‘fair dealing’ as it’s called in India. A useful paradigm for measuring the equilibrium between property owner and user, it helps balance control and access to copyrighted material. As creativity and innovation become ever more dependent on the internet and technologies that facilitate sharing of content, this is of the utmost importance. Over generations, fair use and the modern equivalent, ‘fair dealing’, have worked to bring the necessity of protecting traditional owners’ rights into legal agreement with the needs of the public to use, access and adapt content. The music industry, then, has been at the forefront of disagreement over fair dealing. Content-heavy, brimming with technological gadgetry, identity issues and all manner of discourse, the nature of music and ‘fair dealing’ has become especially contentious, with technology, not creators, at the core of the battle. With the onset of new technologies such as MP3s and digital music, ‘ownership’ of music eroded the traditional relationship that existed between the listener and the tune.894 views -
Social Responsibilities of Corporate Societies in India
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2257 - 2266CSR, as a system of rules and responsibilities has gained global currency and bolstered corporate ethos, and its uptake into the Indian business landscape has been deep and long-term. Over time, both corporate and governmental actors in India have tried, often ad hoc, to integrate responsible business practices in the business activities. However, these initiatives lacked a systemic approach and clear goals. More recently there’s been a shift in this terrain as a result of a number of interrelated factors, including globalised commerce, the rising salience of environmental issues and the Millennium Development Goals (MDGs): all of these are driving greater attention to and commitment of CSR by business. This push towards formal CSR was inaugurated by the legislation on joint stock companies passed in 2013, which requires certain classes of companies to set aside funds for social responsibility goals. This has had a strong effect both in terms of encouraging compliance as well as a number of companies stepping over the threshold to indicate their intent to go beyond the relatively minimal requirements by providing more than the minimum amount. This has happened at the same time that, in the image of international trends, there has been a thoughtful attempt by companies to integrate the purview of CSR into their core business models in order to enhance and maintain a sustainable competitive advantage. This article explores into the evolution of CSR within India, examines key governmental policies driving the incorporation of CSR in the corporate domain, and traces the changing trend in different sectors in this country.638 views -
Digital Pickets: The Evolution of Trade Unionism in the Age of Social Media in USA vs. India
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2267 - 2283This article offers a comparative analysis of how social media and other digital technologies are changing the landscape of trade unionism in the United States and India. This article is a comparative analysis of two nations historical, industry and legal contexts to answer the obvious question: how has digital trade unionism changed the course of working-class mobilization, bargaining and organizing? It details legal frameworks, digital tactics, and case studies, and reveals new opportunities and complex challenges, such as how and when the technologies amplify workers’ voices, expand opportunities for cross-border solidarity, and create new legal ambiguities and digital divides. The article closes with several policy recommendations for trade unions, legislators and technology industry players who are attempting to adjust to the emerging world of digital labor activism. It stresses that the goal should be to exploit technological innovations while protecting labor from adverse trends.647 views -
Reflecting on the Admissibility of Illegally and Improperly obtained Documents
Student at Symbiosis Law School, Nagpur, IndiaPages 2284 - 2292Different common law systems address the admission of evidence obtained illegally and improperly in different ways. Therefore to effectively understand its current position and implications to be followed in India, the current paper has two chapters, with the first one comparatively analysing the evidentiary rules from various nations in relation with the admissibility of evidence illegally obtained and showcasing the theoretical underpinnings of the various laws in these various jurisdictions ascertaining whether the general discretion of courts across different jurisdictions regarding the inclusion or exclusion of relevant evidence which are illegally or improperly obtained serves the same purpose. Moving ahead the second half of the paper talks about the position of such evidences in India as if it is included then will be in direct conflict and violation of Right to privacy, a facet or right to life. In contrast to other jurisdictions where unlawfully obtained evidence is eliminated, Indian courts have regularly permitted such evidence in criminal prosecutions in the light of statutory or constitutional provision asserting the exclusion of the same. This paper glances on the 94th Law Commission Report’s recommendations from 1983 in light of the recognition of the right to privacy as a fundamental right with specific reference to K.S. Puttaswamy case’s take on such evidences. To that end, this article in the second part will first examine the present legal position as stated by the judiciary and explore the reasoning behind those declarations.823 views -
A Study on History of Hazardous Waste Management and Current Waste Management Rules
Assistant Professor at Bharath Institute of Law, IndiaPages 2293 - 2302The concept of the community waste or society waste is evolved over the period of time, though the amount of waste generated was comparatively small during this era. It was only because of the tainted environment (in modern term “Polluted Environment”); the concept of neo-Hippocratic medicine concept came into practice which was necessary as an effective measure against major cause of human mortality arise out of accumulation of waste materials and epidemic. This has led to the activities towards city cleanliness started in Europe and US mostly during the period of 1750 to 1850 to prevent any possible epidemic. During the same period agriculture was the main activity being carried out throughout the word and use of certain household waste materials was used as manure in agriculture fields. The environment thereby creating adverse impact on an ecosystem and life. With advancements in industrial revolution an enormous amount of industrial waste is being delivered to the environment thereby creating adverse impact on an ecosystem and life Between the past two generations, the concern related to the harmful effects of the disposal of various industrial wastes on the public health have raised serious debate among and between many professionals from different disciplines within the public health community. From chemical engineering perspective, generation of HW in any industrial process is inevitable and toxicity or hazard associated with this category of waste is the potential for disease or death. Common waste which was predominant earlier includes mostly biodegradable waste having minimum environmental impact. Burning was the only disposal mechanism available. However, in the modern civilization with growth of Industrialization and addition of multidisciplinary aspects to waste, its management becomes an independent subject.757 views -
A Study on Impact of Financial Challenges on Entrepreneurial Innovation and Growth in Rajasthan
Research Scholar at Pacific Academy of Higher Education University, Udaipur, Rajasthan, IndiaPages 2303 - 2332This study seeks to explore the effects of financial constraints on the innovation and growth prospects of entrepreneurs in the state of Rajasthan. While the state is renowned for its entrepreneurial activity, entrepreneurs in the area face a variety of financial barriers that impede their ability to innovate and grow. The purpose of the study is to gain insight into the specific financial challenges that entrepreneurs face and their impact on innovation and growth. By collecting data and conducting a thorough analysis, the paper seeks to identify the relationship between financial constraints and business outcomes. The findings of the study can be used to develop tailored strategies and interventions to assist entrepreneurs in overcoming these obstacles. Ultimately, the aim of the research is to create an enabling environment that encourages entrepreneurial innovation and long-term sustainable growth in the state.690 views -
Athletes’ Rights vs. Anti-Doping Regulations: The Balancing Act of Strict Liability
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2333 - 2353This paper scrutinizes a highly contentious interplay between athlete welfare and fundamental freedom and right of the athlete in sports law with a ‘strict liability’ principle. On one hand, strict liability, works on the basis that athletes bear a responsibility for ingestion of a banned substance in their body whatever the intent or consent. The practice is in support of the World Anti-Doping Act that promotes a ‘zero qualification’ policy to make the adjudication easy for elected officials and free of doubt, as means to deter any illicit practice of drug use. On the other hand, it is highly questionable in terms of fairness and justice where not every athlete has an intent to take the controlled and prohibited substance. Many accidental instances, as reported, have only emphasized the complexity of the problem. Broadly, it would be a complex question of how to guarantee the anti-doping measures as strictly in practice, but within the bounds of fairness, so as to support the integrity of the sport on the one hand and without compromising the dignity and rights of the athlete.1,105 views -
One Nation One Election through the Federal Lens: An Analysis of the 2024 Ram Nath Kovind Panel Report
Student at National Law University, Jodhpur, IndiaPages 2354 - 2369The concept of One Nation One Election or Simultaneous Elections has been proposed as a significant move towards electoral reforms. While simultaneous elections are a lucrative and desirable move in theory, several constitutional and practical issues arise. This paper examines the 2024 report of the High-Level Committee on Simultaneous Elections and finds that there are several beneficial and strategically sound recommendations for the conduction of simultaneous elections, however, the question of its impact on federalism is sidelined. The report fails to adequately address concerns about undermining federalism and the prospect of regional issues being overshadowed during simultaneous nation elections have been brushed aside by the Committee Report. Considering such uncertainty, the conduction of simultaneous elections at a national scale could be detrimental and lead to further national and regional challenges. To address these concerns, the paper proposes regional clustering by grouping states with similar electoral cycles. This maintains focus on both national and local issues, preserving regional integrity while reducing the burden on the Electoral Commission. Secondly, it recommends allowing governments elected mid-term to continue until the next Lok Sabha elections, if elected more than two and a half years post the initial polls. This ensures stability and effective governance. Lastly, the concept of Constructive Vote of No-Confidence may be adopted, as seen in the German political model. This ensures a smooth transition of power without the disruption or additional costs of polling. In conclusion, while simultaneous elections hold great promise, it is imperative that regional issues and the spirit of federalism is not sidelined. This paper aims to balance efficiency with federal principles.1,273 views -
Maternity Benefits under the Code on Social Security 2020: The Legal Framework and Limitations
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2370 - 2378This article examines the evolution, legal frameworks, and contemporary challenges surrounding maternity benefits in India, with an analysis of the recent Social Security Code of 2020. Maternity benefits, essential for ensuring the well-being of working mothers and their newborns, have undergone significant legislative developments over the years. The article delves into the constitutional provisions, judicial precedents, and international obligations guiding maternity benefit policies, emphasizing the imperative of upholding women's rights and social equality in the workforce. Furthermore, it critically evaluates the provisions and limitations of the Social Security Code, highlighting gaps in implementation and disparities in coverage, particularly for women in the unorganized sector. The article underscores the need for holistic support measures beyond mere leave provisions, including accessible childcare facilities and flexible work arrangements, to facilitate women's seamless integration into the workforce post-maternity. Additionally, it advocates for the inclusion of paternity leave provisions as a means to foster gender equality and alleviate the financial burden on employers. Drawing upon legal precedents and policy recommendations, the article concludes by offering suggestions for enhancing the effectiveness and inclusivity of maternity benefit policies in India, thereby fostering a conducive environment for working mothers and promoting social justice in the labour sphere.1,944 views -
Nexus between Industry Dynamics and Tax Policies Today
Student at School of Excellence in Law, Tamil Nadu Dr Ambedkar Law University, Chennai, IndiaPages 2379 - 2389We begin with a historical analysis of tax policies. We then proceed to understand how industries shape tax policies using a case study and the economic and political factors. At this stage, a comparative analysis of industry-based policies is done. Global competition is analyzed after which an industry-based response to policies is undertaken. To conclude, a futuristic view of policies is provided for a full circle from the past to the present to the future.494 views -
Issues and Challenges before Election Reform: Indian Prospective
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2390 - 2395India, the world's greatest democracy, assures its citizens of free and fair elections. The largest electorate to participate in regular elections in India's history serves as a testament to the core principles of the nation's democratic system. In this evolving context, maintaining the core tenets of democracy necessitates an electoral process that is more transparent in addition to being free and equitable. Unfortunately, cases of dishonesty overshadow the benefits of our voting system and compromise its legitimacy. As electoral politics continue to degenerate, more and more elections will be required. To fully realize the promise of our democratic system, we need to update our electoral processes. Regaining the confidence of voters in the political process is necessary to strengthen democracy. This article aims to provide an overview of India's current election system and offers suggestions for enhancements.790 views -
Balancing Power: A Comparative Analysis of Judicial Review in India and United Kingdom
Advocate at Madurai Bench of Madras High Court, IndiaPages 2396 - 2408This paper presents a comparative analysis of judicial review in the United Kingdom and India, exploring the foundational principles, historical development, and practical applications in each jurisdiction. Judicial review serves as a critical mechanism for upholding constitutional governance and protecting individual rights by ensuring that legislative and executive actions adhere to constitutional and legal standards. In the UK, judicial review has evolved within the framework of an unwritten constitution, relying heavily on common law principles and parliamentary sovereignty. The judiciary's role in reviewing government actions is grounded in the principle of legality and the protection of fundamental rights, particularly through the Human Rights Act 1998, which incorporates the European Convention on Human Rights into domestic law. Despite the absence of a codified constitution, judicial review in the UK plays a crucial role in maintaining the rule of law and checking arbitrary power. Conversely, India's judicial review is enshrined in a written constitution, with explicit provisions granting the judiciary the authority to invalidate legislation and executive actions that contravene constitutional mandates. The Indian judiciary, particularly the Supreme Court, has been proactive in interpreting and expanding the scope of judicial review to include social justice and fundamental rights, often invoking the doctrine of basic structure to prevent constitutional amendments that undermine the core principles of the constitution. This paper examines key cases and legislative frameworks in both jurisdictions, highlighting the distinct approaches and underlying philosophies that shape judicial review in the UK and India. By comparing these systems, the paper aims to elucidate the strengths and challenges of each model, offering insights into the dynamic interplay between law and governance. The analysis underscores the importance of judicial review as a tool for safeguarding democracy and promoting accountability in diverse legal landscapes.1,034 views -
The Power of Incomplete Contracts: Examining the Doctrine of Part Performance
Student at Symbiosis Law School, Nagpur, IndiaPages 2409 - 2424In order to stop fraud and unlawful benefit taking place due to the document’s non-registration, the equitable doctrine known as the Doctrine of Part Performance was integrated. According to the doctrine, the transferor and anyone claiming under him are prohibited from enforcing any rights—aside from those expressly granted by the terms of the contract—against the transferee and anyone claiming under him with regard to the property that the transferee has taken or is continuing to possess. Equity looks at what is done as it ought to have been done is the concept upon which this doctrine is built. When someone enters into a written agreement to transfer any immovable property for consideration, and the terms required to make the transfer are ascertained reasonably certain, and the transferee has either partially fulfilled the contract by taking possession of the property or any part of it, or the transferee, already in possession, continues to partially fulfill the contract and has carried out an act in furtherance of the contract, and the transferee has fulfilled or is willing to fulfill his portion of the contract, then, even in cases where there is an instrument of transfer, the transfer has not been carried out in the way specified by the law currently in effect. A right regarding property that the transferee has taken possession of or continued to hold, other than one that is specifically granted by the terms of the contract, cannot be enforced against the transferor or any person claiming under him. As long as the transferee for consideration is unaware of the contract or its partial fulfillment, nothing in this section will impact their rights.1,731 views -
Partnership vs. Prosecution: Examining LLP Criminal Liability Post-2008 in India
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2425 - 2439This article critically analyses the issues associated with the attribution and enforcement of criminal responsibility towards Limited Liability Partnerships (LLPs) in India. It provides a rationale for the promulgation of a definite purpose-built legislative framework for ascertaining the ‘controlling mind’ of LLPs that would enhance the ‘capability of control’ by stakeholders. The post-LLP Act 2008 legal framework forms the backdrop of this analysis. The article critically analyses the role of LLPs in the globalization of business and the peculiar characteristics of LLPs such as the hybridity of its Continental Civil Law structure that incorporates elements of the classic partnership form and the modern corporations. It explores the potential challenges to the attribution of criminal responsibility and the inherent issues associated with the enforcement and prosecution of criminal liability associated with organised economic crime in India. A comparative study of corporate criminal liability regimes across jurisdictions reveals that the rigid nature of the structure of corporations compared to LLPs facilitates the legal attribution of criminal liability to corporations. This is in contrast with the fluidity/kaleidoscopic nature of the structures of LLPs. The conclusions and recommendations provide the prospective solutions for reforming the regulatory and legislative aspects of LLPs.673 views -
The Grievance with the Dispute Resolution through Electronic Media Interface: A Suggestive Approach
Student at Alliance School of Law, Alliance University, Bangalore, Karnataka, IndiaPages 2440 - 2458India is the largest populous country and with the pending cases of almost 50 million and over 1, 69,000 cases were actually pending over 30 years as such. The party aggrieved from the conduct of the opposite chooses the court for the sake of dispute resolution then it a bad choice if there are other alternatives available for the sake of dispute resolution in a better way. It would impliedly lead to a point where the party has wasted his quality time by investing in court. This scenario led to the development and emergence of Arbitration: one of the fundamental ways to solve a dispute amicably as such. So, this transition from the court to the arbitration as the method to solve the dispute went on to update different methods and modes to solve the dispute through arbitration. The researchers would like to focus on the fundamental issues which add the drawbacks to the transition that was actually developed and mainly the electronic media. Though the electronic media interface creates a forum for the arbitration to commence in a less expensive way but this mode actually opens a door for neglecting few mandatory norms as per the legislative framework. The researchers would like to focus on such grievances where it is letting such motion of compromises up and then suggest few reforms both to the parties in order to eliminate the grievances and give effect to the legislative intent.610 views -
Doctrine of Eminent Domain in Light of Tortious Liability in State of India
Student at Law College Dehradun, Uttaranchal University, Dehradun, IndiaPages 2459 - 2471As within the context of India's legal system, this research study investigates the complex link that exists between the doctrine of eminent domain and tortious liability. It examines how these two legal principles intersect and impact each other in the context of property rights, compensation, and actions taken by the government. In order to provide a thorough knowledge of the dynamics between eminent domain and tortious liability in the Indian state, the purpose of this article is to conduct an examination of pertinent legislation, court precedents, and scholarly literature.568 views -
Digital Dynamo: Revolutionising Marketing Strategies for the New Generation
Student at Graphic Era Deemed to Be University, IndiaPages 2472 - 2486The advent of the "Digital Dynamo" has transformed techniques meant to engage the younger consumer base in the ever-changing field of marketing. This study explores how digital technologies are transforming marketing strategies, especially when it comes to appealing to the tastes and habits of Millennials and Generation Z. We examine cutting-edge strategies that have upended conventional marketing paradigms under the prism of the Digital Dynamo framework, providing insights into how companies can successfully negotiate the digital landscape to build deep relationships with the younger demographic. We investigate the efficacy of digital marketing tactics in attracting and retaining younger audiences through case studies and real-world examples. Even with all the advantages that the Digital Dynamo offers, problems and moral dilemmas still exist. indicating the necessity of constant marketing practice modification and improvement. This paper looks ahead, highlighting new trends and providing advice for marketers who want to fully utilize digital dynamism to engage the next generation of customers. Notwithstanding the potential of digital innovation, there are numerous obstacles and moral dilemmas to face. Marketers and companies must exercise caution when navigating the many ethical problems presented by the digital landscape, which range from worries about data privacy and algorithmic bias to the spread of fake news and digital addiction. We forecast new trends and the direction of digital marketing tactics for the upcoming generation by looking ahead. For organizations ready to embrace digital dynamism, the opportunities are endless, ranging from the emergence of augmented reality and artificial intelligence to the growth of influencer marketing and user-generated content. This study concludes by highlighting how important it is for marketers to innovate and adapt to the changing digital landscape. In an increasingly digital environment, brands may create lasting success by connecting with the younger generation through meaningful relationships and by adhering to the principles of the Digital Dynamo framework while keeping ethical considerations in mind.649 views -
Case Comment on NALSA v. UOI
Student at Christ (Deemed to be University), IndiaPages 2487 - 2492Transgender rights achieved a major turning point in 2014 when the Supreme Court of India acknowledged transgender people as a third gender in the historic case of National Legal Services Authority v. Union of India. The right to equality (Article 14), freedom of speech (Article 19(1)(a)), and gender self-determination (Article 21) were all emphasized in this ruling. Referencing ancient writings and mythological themes, the judgment acknowledged the pervasive presence of transgender individuals in Indian history and culture. The verdict was criticized for treating some matters, like sexual intercourse and the need for separate detention facilities, superficially, despite the court's progressive approach. The decision mentioned international human rights frameworks, but it did not offer thorough instructions on how to implement these rights. The ruling highlighted the particular requirements of the transgender population and recommended affirmative discrimination and preferential treatment like to that given to women. It did not, however, address issues regarding the actual application of these rights, such as obtaining reservations for OBCs or establishing precise rules for the application of gender law. The ruling emphasized the need for medical care and social education for the transgender population, but it did not entirely accept the Yogyakarta Principles' recommendations for changes to the penal code. Despite its shortcomings, the NALSA judgment remains a pivotal moment in the fight for transgender rights in India, promoting their recognition and classification as a socially and educationally disadvantaged group deserving of positive discrimination.1,052 views -
Redefining Authorship: Impact of AI and Future of Copyright
Research Scholar at IUCIPRS, CUSAT, IndiaPages 2493 - 2498A work needs to be original to get protection under copyright law. The work has to come from an identifiable author. Then what would be the stand of authorship rights in a situation where an author is a man-made intelligence or in other words an artificial intelligence? Who is the author of a work done by an AI? What is the assumption about creativity? This article discusses the copyrightability of a work done by AI and the copyright consequences of a third computer-enabled technological shift—in the means of creative and artistic production. How people are enabling computers to produce art and other creative works in new ways, virtually all by themselves creates ambiguities to the traditional notions of copyright law. This paper discusses how the concept of traditional authorship works in an artificial intelligent work in the context of the notion of originality. The paper is also looking into the eligibility of AI to be an author and the scope of authorship in the context of work created by AI.628 views -
“Mahabharata Unravelled” by Ami Ganatra: A Perspective on Preserving Epic Authenticity and Challenging Modern Creative Liberties
Student at NMIMS Kirit P. Mehta School of Law, Mumbai, IndiaPages 2499 - 2506“Mahabharata Unravelled” by Ami Ganatra is a detailed exploration of the original Mahabharata epic, focusing on the personalities and complexities of its characters. The book addresses inconsistencies in various retellings, clarifying misunderstandings about key figures and encourages readers to seek the original text. By revisiting the true essence of the Mahabharata, "Mahabharata Unravelled" provides a valuable resource for understanding the timeless saga in its authentic form and serves as a corrective for those familiar only with distorted versions of the epic, encouraging a deeper exploration of the original itihasa. This review highlights the author's focus on character personalities, including those of lesser-known figures, and contrasts the authentic history with modern fictional adaptations. By doing so, it aids in myth-busting and provides a clearer picture of the epic's true events. It criticizes the contemporary adaptations of the Mahabharata, which often take creative liberties that distort the original story's essence and raises important questions about the extent to which artistic freedom should be allowed when interpreting Indian epics like the Mahabharata. It argues that while creativity is essential, it must not come at the cost of misrepresenting culturally and historically significant narratives. The review emphasizes the need for a balance between artistic expression and cultural preservation, suggesting that filmmakers and writers should approach these sacred texts with respect and accuracy.1,253 views -
Obligations of Parties in Proving Facts Before Courts: An Analysis
Principal (FAC)/ Associate Professor at Government Law College , Ramanathapuram, IndiaPages 2507 - 2511The main objective of a litigant is to won a case. For that the parties has to prove their side beyond reasonable doubt . The two main concepts followed are Onus Probandi , which means the party who ascertains a fact has to prove it. Another concept is Factum Probans which means the exact evidence that has to be brought for proving the case. After bring these two concepts alive , the parties has to make the court admissible of their side evidence. The fact which was ascertained by a particular party has to be proved by him. The duty to establish a fact lies on the plaintiff or defendant in civil suits and the prosecution or accused in the criminal cases. The parties in the proceedings have to follow the prescribed sections in the Indian evidence act , 1872 . Previously burden of proof deals in sections from 101 to 114 A. In the new amended Bharatiya Sakshya Bill , 2023 , it comes under sections 104 to 120. I have discussed in this article about the mode of proving the case and the difficulties in the procedures of proving.978 views -
Language, Terminology, and Cultural Appropriation in Queer Discourse
Alumnus of Integral University, Lucknow, IndiaPages 2512 - 2524This paper explores the complex relationships between language, terminology, and cultural appropriation in the context of queer discourse. It is impossible to overestimate the importance of language for queer groups, which reflect a wide range of identities and experiences. Language is essential for self-expression, identity formation, and community cohesiveness. However, conversations on cultural appropriation bring difficulty to the use of terminology in queer discourse because of the complex link between language, identity, and respect. One area of focus is the power dynamics present in terminology, which illuminates how language may marginalize or empower members of the queer community. The study acknowledges language's flexibility and reactivity to the always-shifting terrain of identities and expressions as it delves further into the evolutionary nature of language in the queer setting. The investigation of the effects of cultural appropriation on the queer community is at the heart of the analysis. The goal of the article is to examine the effects of co-opting or misrepresenting queer culture on identity development, community cohesiveness, and the larger conversation about queer experiences. This paper aims to provide a deeper understanding of the complex relationship between language, identity, and respect in queer discourse by navigating these complexities and shedding light on the difficulties associated with cultural appropriation as well as the power dynamics present in the terminology used by queer communities.1,174 views -
Safe Seniors in Cyber Space: Understanding and Addressing Cyber Threats against Elderly People in India
LL.M student at Kazi Nazrul University, Asansol, West Bengal & Advocate at District & Sessions Judges Court Paschim Bardhaman at Asansol, IndiaPages 2525 - 2535We are living in the era of technology. Human life has changed rapidly owing to the superfast development in today's time. In recent years the human kind has faced severe threats in various forms of cyber crimes. Thus, Cyber Law is also a relatively new field which originated from the traditional laws. In the modern technological world it is becoming an increasingly important field. Cyber Crime is extreme threat to individuals data privacy, including any kind of data stored virtually stored, whether sensitive or insensitive. Impact of cyber crime on senior citizens can be multifaceted, which effect them socially, emotionally, financially. This research work is an attempt to identify the existing patterns of cyber crimes committed against elderly people and its impact on them. What are the protection available under the exiting legal framework and what are probable measures which can be adopted to provide a safe cyber space to the senior citizens of our country.783 views -
Re-Examining Democracy Conceptually in the Light of Issues and Challenges
Assistant Professor in Law College Dehradun, Uttaranchal University, Uttarakhand, IndiaPages 2536 - 2549This research paper analyzes the essential principles of democracy within today’s context of serious issues and challenges. In modern times, democracy is frequently classified as the apex of political institutions, which encounters a throng of difficulties. This research paper provides a critical analysis of the difficulties and consequences associated with maintaining democratic principles and democratic institutions in the presence of authoritarian regimes or autocratic rules. This research paper explores the principles and practicalities of democratic institutions. Also, this research paper analyzes the difficulties faced by democratic countries like India in the presence of authoritarian neighbors and how these threats can impact the peace and stability of India. While democracy is commonly regarded as the best or ideal form of government, its feasibility and endurance in situations dominated by authoritarianism raise substantial concerns. The extent to which democracy is successful in representing diverse communities, particularly those who have historically suffered from disadvantage as well as marginalization, In the democratic system, excessive power in the hands of democratic rulers can degrade the values of democracy, which might lead to unhealthy politics followed by authoritarian inclination, centralization of power, and diminished accountability. The purpose of this research paper is to explain the challenges and complications associated with holding democratic principles as well as democratic institutions in the presence of autocratic rule, based on both real-life examples and theoretical analysis. To avoid such risks and protect democratic nations, a fair distribution of power is required, and citizens should be empowered to maintain strong democratic standards.591 views -
Power, Privilege, and Public Service: Unraveling the Doctrine of Pleasure in the US, UK, and India – A Comparative Legal Odyssey
LL.M. student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2550 - 2572This article contrasts the Doctrine of Pleasure, the constitutional hallmark of tenure of public servants vis-à-vis the executive, which obviously is derived from the prerogatives of the British sovereign, under whom the time-servants like ambassadors, royal secretaries and many others may be removed at her sweet will without any need of assigning to that effect, even to the extent that there may not be any assigned reason save to the extent that a statutory or legal restriction will be violated. The Article traces the development of the Doctrine in the USA, the UK as well as in India, and how the curbing of the executive power against the rights of the public servant marked three directions, by statutory reforms, judicial interpretations and constitutional provisions. The subtleness of its approach is recognizable by the way it is applied to secure the efficiency of administration and the rights of the public servant against arbitrariness.710 views -
Colonial Environmentalism: Governance in Historical and Legal Context
Student at Maharashtra National Law University, IndiaPages 2573 - 2583Colonialism has been a significant period in the history of mankind and has left enduring effects on the political, socio-cultural and environmental aspects of the colonized nations. This research paper delves in understanding and analysing the profound and lasting impact of colonialism on environment and governance & legal frameworks related to it. Through a comprehensive analysis of historical policies and practices, this article explores how colonial powers exploited natural resources and imposed legal structures that reshaped the environmental landscapes of colonized regions. Colonial environmentalism mainly revolves around the commercial interests of the colonizing powers and their political ideologies. Therefore, the study also highlights the economic motives behind colonial expansion and resultant environmental degradation, deriving examples from case studies such as the North Kannara district in India. These measures and policies often resulted into significant environmental degradation and also adversely affected the inhabitants of the regions including forest dwellers and ‘adivasis’. It further delves into the continuing legacies of these colonial policies in contemporary environmental challenges and legal reforms, particularly in post-colonial nations. By integrating perspectives from various historiographies and accounts of travellers, this paper seeks to provide a nuanced understanding of the intersection between colonial history and environmental law, emphasizing the need for decolonizing environmental governance to address ongoing ecological and socio-economic issues.978 views -
Bioterrorism: A New Threat to Humanity
Student at Law College Dehradun, Uttaranchal University, IndiaPages 2584 - 2593The world's events over the past 20 years suggest that the threat posed by biological warfare is a harsh reality rather than a myth. It is abundantly clear that there is a need to improve clinical and public health understanding of highly contaminative diseases in light of the outbreaks caused by recently reviewed and resurgent pathogens, as well as the possibility that these pathogens could be used as bioterrorism agents. Not the usually understood terrorism but a different threat that is more lethal and not well known to mankind. This study provides a brief introduction to bioterrorism, the use of agents, and the extent of its cancellation, along with a pertinent note on India's current situation in terms of laboratory response networks, oversight systems, and readiness requirements. The events of the past 20 years in many parts of the world demonstrate that biological warfare is a serious and genuine threat. A number of outbreaks caused by recently discovered and resurgent pathogens, as well as the possibility of high-risk viruses being utilised as bioterrorism agents, demonstrate the significance of improving clinical and public health capability in handling highly infectious diseases. With a focus on India's current state of laboratory reaction networks, surveillance systems, and preparation, this review piece offers a succinct summary of bioterrorism, the agents employed, and countermeasures.721 views -
Balancing the Right to Life and Right to Education during Covid-19 Pandemic in India
Phd Scholar at School of Law University of Kashmir, IndiaPages 2594 - 2604This research paper delves into the critical issue of balancing the fundamental human rights to life and education within the context of pandemics in India. Through a doctrinal analysis of relevant legal frameworks and policies, this paper aims to elucidate the challenges and opportunities in upholding both rights during health crises. The research objectives encompass examining the impact of pandemics on the right to life and education in India, evaluating existing strategies and policies in managing this balance, and proposing doctrinally sound recommendations for effective policymaking. The research questions focus on understanding the legal and policy landscape governing the right to life and education in India during pandemics, identifying jurisprudential principles guiding decision-making in balancing these rights, and exploring doctrinal methodologies for addressing the inherent tensions.734 views -
Indian Judiciary and the Exhaustion Doctrine: Losing the Plot?
Research Scholar at Inter University Center for IPR Studies, CUSATAT, IndiaPages 2605 - 2619Intellectual property rights refer to a bundle of legally sanctioned rights granted to inventors and creators over their inventions or creative content (primarily for accruing economic benefits from the commercial exploitation of these inventions/creations). These rights are similar to those rights enjoyed by the owners/legal holders of a physical property in using, non-using, destroying, disposing, or otherwise alienating that property. The exhaustion doctrine refers to the situation wherein the inventor/creator of an IP product loses her right of distribution over it once it is sold. This is vital to ensure robust market economics and practices. It is equally vital as a public policy tool for countries to gain access to IP based products and creations at reasonable rates and quantities. The TRIPS Agreement establishes minimum standards of IP protection for its members. Interestingly it has left the question of the choice of an exhaustion regime open - to be determined by each member nation according to its domestic requirements. India follows the international exhaustion regime – once an IP based product/creation is sold legally anywhere in the world, the inventor/creator loses her right to control distribution over it. This article attempts to unravel the judicial understanding of India’s declared exhaustion regime by analysing the reported cases.627 views -
Parliamentary Committees: Examining the Historical Evolution, Significance and Decline in Modern Governance
Student at National Law University Jodhpur, Rajasthan, IndiaPages 2620 - 2638The functioning of Indian parliamentary committees has clearly deteriorated over the last decades, with their recommendations frequently ignored and their influence on legislation reduced. Therefore, this paper seeks to determine the importance of parliamentary committees in India’s political landscape and reflects how these committees have been relinquished thereby, compromising their effectiveness. In essence, these committees form the backbone of India’s parliamentary democracy and their relevance lies in their fundamental role as mechanisms for accountability and informed decision making. However, this marginalization of Parliamentary Committees poses a severe threat to the state of democracy in India. A number of issues including executive dominance, procedural bottlenecks and political polarization have undermined their significance. Thus, without robust oversight mechanisms in place there is heightened risk of governmental overreach corruption and neglect of citizens’ interest. To preserve the democratic fabric, it is therefore imperative to strengthen the role and functioning of the parliamentary committee system. To achieve this, it is essential to draw insights from the practices that other nations have implemented. India can, for that reason, analyze and identify the working of the committee system in other countries to enhance its own system and implement much needed reforms. Only by revitalizing parliamentary committees can India ensure efficient governance, transparency and protection of interests of the general public in the contemporary political landscape.1,045 views -
Analysing Online Reviews in the Light of Defamation
Student at National Law University, Jodhpur, IndiaPages 2639 - 2659This paper deals with the domains of online reviews and defamation. It initially talks about the evolution of jurisprudence on defamation and about jurisprudence as a tort in Indian law. It then proceeds to discuss about the judicial approach to civil defamation through several case laws. This fundamental differentiation was perceived necessary since defamation is both a crime and a tort in Indian law, and this paper restricts itself to analysing it as a tort, but nevertheless acknowledges the statutes recognizing defamation as a crime as well. The paper then proceeds to discuss about the conflict between free speech and defamation, which subsequently becomes an important factor when analysing online reviews in the light of defamation. The paper proceeds to highlight the importance of online reviews, and the influential factor they play in decision making of the consumers and then proceeds to discuss the problem of fake reviews on the touchstone of the Consumer Protection Act. The paper then proceeds to analyse the online reviews in the light of defamation by posing questions related to the extent of ingenuity and analysing recent judgements and Governmental framework intended to reduce the impact of the same. The paper crystallizes this analysis by presenting a case study of Hassel v Bird, an American Judgement involving the publication of defamatory reviews online and finally proceeds to conclude.654 views -
Cultivating Integrity: The Essential Role of Ethics in Higher Education in India
Assistant Professor at Department of English and Other Languages, Bharata Mata College of Commerce and Arts, Aluva, Ernakulam, Kerala. & Research Scholar at College of Social Sciences and Humanities, Srinivas University, Mangalore, Karnataka, IndiaPages 2660 – 2671Ethics is important in all facets of life. Nowadays, education is believed to be the most important human pursuit. Education ought to be an equitable and socially beneficial activity. Therefore, education itself is insignificant without ethics. As a result, ethics is important and useful in the field of education. This paper discusses the relevance of ethics in India’s educational system and how it fosters a healthy society. Higher education establishments may do a great deal to help the next generation prepare for a promising future. Along with giving the student quality education, it is also need to instill strong ethical values and practices. The morals and principles that are upheld at their colleges and universities have a big impact on the future generation. Many Indian universities are excellent at teaching students to be value-oriented in addition to their academic specializations. But in many colleges and educational institutions, fundamental principles and virtues are also ignored in different ways. Young people will be taught that this is how the world operates and that acting unethically is the only way to achieve professionally if ethics are absent from higher education. The younger generation's character development and formation also depend on education. In such transformative contexts, it is essential to modify higher education systems so that they intentionally inculcate ethical values. It is the higher education system to offer realistic solutions to the problems regarding ethical issues currently facing. The paper discusses the significance, function, and role of ethics in higher education in India.613 views -
Centralization amidst Contagion: Assessing the Impact of India’s Covid-19 Governance Strategy
Student at Law College Dehradun , Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2672 - 2691This Article examines the ways in which India’s centralized powers in response to the COVID-19 pandemic revealed both law and politics in transition. It traces the constitutional logic of the central safety valves that enabled a rapid response to the pandemic, but also carry considerable costs for federalism and civil liberties. The deployment of intensive, decisive action through state and national lockdowns and health and economic measures went hand in hand with assertions of state power over public health and contests over federalism and with tensions between the exercise of emergency powers and the need for democratic accountability in public decision-making. It was Digital technology also became part of a further battlefield concerning privacy and data protection and sovereignty issues in response to this new form of crisis management. constitutional solutions, including an adaptable legal regime and robust public health infrastructures in states emerged as key challenges of the pandemic era. This Article concludes by underscoring the work that needs to be done for perfecting cooperative federalism, restoring and reorienting public health systems and providing for transparent, accountable governance as we face the next national emergency.807 views -
Unraveling Cross-Border Terrorism: Tracing Origin and its Impact on the Indian Border
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2692 - 2703Terrorism, a criminal act committed with the intent to cause death, serious bodily injury, or taking hostages, has evolved over time and has become a global security issue. Cross-border terrorism, involving two or more states, has played a significant role in the rise of terrorism across international regimes. India, the world's 7th largest country, shares land borders with nine countries, including Bangladesh, Pakistan, China, Nepal, Bhutan, Myanmar, and Afghanistan. The Indo-Bangladesh Border, India's longest land border, is problematic due to issues related to illegal immigrants, smuggling, and fake currency. The Indo-China border, India's second largest land border, is also a major cause of terrorism. Pakistan supports terrorist groups like Lashkar-e-Taiba and Jaish-e-Mohammad, while the Indo-Nepal border faces threats from Naxalites and terrorist organizations. India has enacted specific legislation to address terrorism threats, such as the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA), Prevention of Terrorist Activities Act, 2002 (POTA), and the Unlawful Activities (Prevention) Act, 1967 (UAPA).1,589 views -
Child Trafficking and Forced Labour in India: An Analytical Study
Research Scholar at School of Law and Constitutional Studies, Shobhit Institute of Engineering and Technology, Meerut, Uttar Pradesh, IndiaPages 2704 - 2716Human trafficking stands as one of the gravest organized crimes in India, uniquely positioning the country as a source, transit, and destination for such activities. Poverty, illiteracy, limited livelihood options, disasters, and unemployment are the primary drivers, making men, women, and especially children highly susceptible to trafficking. These victims, often abducted, recruited, and transferred, are subjected to sexual and labor exploitation. Child trafficking not only violates children's rights but also exposes them to significant dangers. In India, children are trafficked for sexual exploitation and various forms of economic exploitation, including domestic, industrial, and agricultural labor, as well as work in large and small-scale industries and construction. Trafficked children, as socially excluded and economically exploited individuals, receive little to no income for their labor. Unaware of their rights, they are forced into hazardous and unhealthy working conditions, deprived of education, and basic necessities, effectively becoming forced laborers.827 views -
Navigating Constitutional Frontiers: Analysing Ordinance Making Powers in India
Student at Institute of Law, Nirma University, IndiaPages 2717 - 2723The authority to promulgate ordinances is entrusted to the President and the State Governor, respectively, under Article 123 and Article 213 of the Indian Constitution. This authority is only meant to be used as an interim remedy in cases of extreme urgency while the legislature of state or union isn’t in session. When the legislature reconvenes, ordinances lapse after six weeks. Ordinances have become more and more useful as a parallel legislative technique as the efficiency of the Parliament is decreasing. Ordinances were the primary means of government in the state of Bihar for a little over fifteen years. However, the legislature is granted the authority to enact laws by the constitution, and this authority is compromised by the frequent enactment of ordinances. Ordinances have been historically seen to be exempt from judicial review, with an exception of instances in which they infringed fundamental rights. This stance persisted from Indian law prior to independence, till Independence, when in 2017 the frequent promulgation of ordinances was deemed to be the constitutional subversion. Ordinances are no longer declared void upon re-promulgation, excepting exceptional situations. Hence, this article explores & demonstrates the constitutional need for Ordinance making power, evaluates the efficacy of the decision of the court in closing historical gaps, explores the role of state intervention in undermining the constitutional authority & scope of judicial review.1,072 views -
From Bars to Society: Addressing Gender-Specific Issues and Conditions of Women Inmates in Prison
Student at Symbiosis Law School, Nagpur, Maharashtra, IndiaPages 2724 - 2732A prison is a type of correctional facility used to hold criminal defendants. The goal of prisons is to help inmates change. Despite this, prison institutions frequently conceal brutality and violence behind closed doors, which hinders offenders' efforts to change. Therefore, it is crucial to acknowledge and uphold inmates' fundamental rights to promote their reformation. The issues connected with detainment become significantly more unmistakable about female detainees. Prison frameworks are intended to outfit men and are not exceptional to address the specific necessities of females in prison. There is a public and peaceful accord that the state of females living in penitentiaries needs pressing improvement. As a result, detainment facilities do address the issues of female detainees, and they are impacted by detainment in an especially brutal manner. The basic freedoms and fundamental poise of females in prison are efficiently abused. To repress men, prison systems are mostly designed and managed by men. Women represent a very small percentage of individuals imprisoned in every country on earth. However, females have very different needs from males, they require specific health needs both for themselves as well as their children, especially for those children who are born in prison. They are also more likely to be victims of sexual and physical abuse than men are, and they have frequently survived abuse before entering prison. Additionally, women are more likely to suffer from mental and emotional health problems and to be despised by others than men in similar situations when they try to return home. This article looks to concentrate on the state of females in prison and illuminate activity for development. An endeavor has been made to fabricate an understanding of the privileges of females in prison, the issues faced by them and the potential techniques for the goal of the equivalent.712 views -
Unlocking Global Opportunities: A Comprehensive Analysis of The MCA’s Amendment Allowing Indian Companies to Directly List on Foreign Stock Exchanges
Student at Chanakya National Law University Patna, IndiaPages 2733 - 2741The recent notification of the Ministry of Corporate Affairs with regard to the direct listing of Indian equity shares in the foreign stock exchange is a very crucial step. Earlier the listing in foreign exchange was done through the use of ADRs/ GDRs. This was a lengthy process as it required an underwriter and usually, this took a long time. Furthermore, this route has witnessed many corruption such as round tipping of funds and money laundering. Later on, the expert committee of SEBI also published the report for direct listing of equity shares in the foreign stock exchange. The committee made various recommendations regarding the same. The Ministry of Corporate Affairs then came up with the new amendment allowing the Indian Companies to directly list its share in the foreign stock exchange. There are multiple sections to this article. First, the article provides a brief synopsis of the circumstances surrounding the amendment's ratification. Second, it discusses the traditional ADR/GDR route, which required Indian Companies to convert their securities into depository receipts in order to obtain funding from foreign stock exchanges. Thirdly, it addresses the amendment made to the MCA that permits the direct listing of equity shares on foreign stock exchanges. Finally, it analyzes the noteworthy example of companies that directly listed their shares and provides insight into past events that have operated as a barrier in the path of Indian companies from listing on foreign stock exchanges. However, there is a lack of regulatory framework which creates confusion. For instance, the Foreign Exchange Management Act, 1999, and Companies (Prospectus and Allotment of Securities) Rules 2014 have not been amended. Hence, in the absence of any regulatory frameworks, the amendment only acts as a licence to direct listing without any appropriate procedure.707 views -
Accountability in the Digital Realm: Examining Internet Intermediary Liability
Graduated from Maharashtra National Law University, Nagpur, IndiaPages 2742 - 2754In this age of technological growth, the number of internet intermediaries and their user bases has grown exponentially. These entities play an important role in today’s digital world. But, this change in the digital landscape is accompanies by various challenge being faced in relation to internet intermediaries like rampant spread of misinformation and hate speech, instances of intellectual property infringement, and breaches of privacy. The current legal system in India seeks to address these issues by imposing certain obligations on these intermediaries. However, a critical question arises in relation to the sufficiency and efficiency of these regulations to in light of safe harbour principle. This study reveals that the level of liability for intermediaries despite the regulations is relatively low. Although specific conditions are set for obtaining safe harbor, they represent a minimal threshold easily met by intermediaries.568 views -
How Technology Innovations Contribute to Achieving Sustainable Development Goals in India: A Comprehensive Analysis of Their Impact and Potential for Advancement
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2755 - 2773This article examines the critical role of technological innovations in India’s march towards the United Nation’s Sustainable Development Goals (SDGs). Through an analysis of enabling policy, concrete forms of innovation and case studies in different sectors, the article highlights how technology can overcome challenges of climate change, resource depletion and inclusion. It demonstrates that India has taken major strides in sectors such as renewable energy, digital health, smart agriculture that are underpinned by policy reforms like National Action Plan on Climate Change and Digital India. Drawing on a rich body of empirical research, it also highlights the significant challenges ahead, including the digital divide and the environmental impacts of technologies, and tries to map out reforms within the legal and policy domains to harness technologies to its fullest potential as instruments of sustainable development. Through this assessment of coevolution of technology and sustainable development in India, the article provides nuanced insights into the challenges that lay ahead for technological innovations worldwide.750 views -
Globalization and Consumer Protection: Tackling Unfair Trade Practices in India and the European Union
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2774 - 2793Globalization has greatly impacted on the consumer markets worldwide, requiring strong consumer protection structures to restrain unfair trade practices. This paper brings out the need for an interdependence of globalization and consumer protection through an analysis of India as well as the European Union (EU). The paper outlines the legal frameworks of the regions and the evolution of these legal systems. It discusses the challenges posed by globalization of markets with regard to the legal structures of countries. It also deals with the effectiveness of India's Consumer Protection Act, 2019 and the EU's harmonization of legislative frameworks by the use of directives such as the Unfair Commercial Practices Directive and General Data Protection Regulation. It discusses the available enforcement mechanisms in the respective regions such as India's Consumer Courts and the European Commission and national enforcement agencies of the EU. The paper concludes with the future challenges, including digital markets and the use of technology, and further suggests the prospects of harmonization of consumer protection laws between India and the EU.745 views -
Land Acquisition Policy and Displacement: A Socio–Legal Study
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2794 - 2802The complicated connection among buying property and relocation is examined in this article, along with the legal and social problems that result from the act. The purchase of land is frequently portrayed as an essential motor that promotes economic growth and makes it possible to build essential facilities. For relocated groups, nevertheless, it frequently occurs at a high cost—they lose their places of residence, means of subsistence, and cultural legacy. The economic implications of relocation are examined in the article, involving loss of revenue, social breakdown, and artistic degradation. It is suggested that land acquisition laws be guided by the idea of social fairness. Fair reimbursement, involvement of the public in making choices, and openness are all necessary for social justice. It calls for looking into other options, such as land gathering, which enables property holders to profit from development initiatives. The paper concludes by highlighting the significance of environmentally friendly development methods. To reduce relocation and advance both environmental and social wellness, this entails carrying out in-depth evaluations of the social and environmental impacts and applying creative land-use techniques.744 views -
Analyzing Supreme Court on Reservation: Janhit Abhiyan vs Union of India [2022] 14 S.C.R. 1
Advocate at High Court of Gujarat, IndiaPages 2803 - 2809The Supreme Court of India revisited the earlier held precedents on reservation while adjudicating the constitutional validity of Constitution (One Hundred and Third Amendment) Act, 2019. The Court upheld that the Economically Weaker Section reservation granted through the Amendment by a 3-2 verdict, to be true to the spirit of Indian Polity and cannot be termed as violative of basic structure of the Constitution of India. The minority dissenting opinion authored by the Chief Justice and one of his brother Justice also provide much insight into the underlying tensions within the concept of reservation and has made reservation for social justice to be a concept vulnerable to judicial review.790 views -
Access to Credit Support for Former Prisons in Vietnam
Lecturer at Faculty of Law, Banking Academy, VietnamPages 2810 - 2815The former prison is one of the most vulnerable in society. In the past, our state has developed and implemented a comprehensive financial policy, one of the important objectives of which is to provide appropriate and convenient financial services to the vulnerable in society in order to enhance access to finance, contribute to the creation of livelihoods and job search for this group. In particular, on 17 August 2023, the Government issued Decision No. 22/2023/QD-TTg on credit for persons serving sentences of imprisonment. This is a new step in implementing comprehensive financial policy to a specific audience. The article focuses on analyzing the state of law and suggesting a number of legal improvements on access to credit for the group of people who have completed their sentences.632 views -
AI and Robotics: Charting the Legal Terrain of Patent Protection
Research Scholar at Inter University Centre for IPR Studies, CUSAT, IndiaPages 2816 - 2824The rapid advancements in Artificial Intelligence (AI) and robotics are reshaping various sectors, prompting a reevaluation of intellectual property (IP) laws. This paper explores the intersection of AI, robotics, and IP, examining challenges and strategies in patenting AI innovations. As AI increasingly autonomously generates inventions, questions arise regarding patentability, inventorship, disclosure, and standardization. Novelty and inventive step criteria require scrutiny, with AI's ability to review prior art challenging traditional standards. Patent eligibility of AI inventions, particularly those involving human-computer interfaces, faces complexities under US law, necessitating precise claim drafting. Inventorship poses a dilemma as AI-generated inventions lack human inventors, raising legal and practical issues. Disclosure requirements become intricate with rule-based AI and artificial neural networks, potentially limiting patent scope. Standardization in wireless communication technologies for robotics necessitates navigating complex patent landscapes and disputes over essential patents. The conclusion emphasizes the evolving AI-IP landscape's impact on industries and the need for balanced IP regulations to accommodate technological shifts. The paper underscores the necessity for legal adaptations to address the growing influence of AI on inventive processes and the challenges it poses to the patent system. By analyzing the hurdles faced by innovating technologies, particularly in robotics and AI, the study highlights the importance of tailored legal strategies to protect AI-based innovations amidst evolving IP frameworks.640 views -
Cybersecurity in Relation to Aviation Industry
Student at Law College Dehradun, Uttaranchal University, IndiaPages 2825 - 2841The aim of this paper is show how existing legal frameworks applied to civil aviation might be relevant in the context of cyberspace. Security threats to civil aviation operations have become more sophisticated and challenging to deal with. One that is emerging, and arguably even more complicated and sophisticated to manage, is the cyber-attack This article is interdisciplinary as it briefly defines cyber-attack and describes the nature of the threat it poses to aviation and society generally, but also focuses on the international legal instruments that are available to address cyber terrorism and reflects on the challenges faced by aviation through cyberspace. Conclusions offer some food for thought on the article’s conclusions and on possible developments in the relationship between civil aviation and cyber security.566 views -
Renewed Hope Agenda and the Prospects of Economic Development Under the Nigerian Petroleum Industry Act
Minister of State, Ministry of Petroleum Resources, Federal Republic of NigeriaPages 2842 - 2854The Petroleum Industry Act 2021 (PIA) was signed into law at the eleventh-hour of Nigerian previous administration hence its effective implementation falls on the current administration of President Bola Tinubu. This paper finds that the major objective of the PIA is to drive Nigeria’s economic development through facilitating greater investment by local and foreign investors in the petroleum industry and increasing government’s revenue from the industry. The general and novel provisions of the PIA as examined in this paper show a restructured petroleum industry with its management based on resource governance principles of transparency and accountability. Under the Renewed Hope Agenda of the ruling party, President Tinubu promised to implement a plan for the petroleum industry based on the principles of transparency and accountability. This paper determines that the plan for the industry under the Renewed Hope Agenda of Tinubu presidency has the necessary legal framework in the provisions of the PIA.823 views -
Digital Dawn: Technology’s Role in Empowering Visually Impaired Students in India Post-Marrakesh Treaty
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2855 - 2869The Marrakesh Treaty, according to this article, is helping create and distribute digital content, such as text, audio, Braille and large-print books, by allowing for the creation and distribution of copyrighted content in accessible formats without the permission or involvement of the original rights holders. The book famine has always existed, but the Marrakesh Treaty has pumped water into this desert as the treaty helps improve the educational content and resources available to the visually impaired. The Marrakesh Treaty is available to any country to become a part of international law, and also if they choose to do so. India with about 50 per cent (27 million) of the world’s visually impaired population benefits immensely from the Treaty as it hopes to remove the gap between the abilities of the visually impaired to pursue educational and employment opportunities. It is important to strike a balance in order to create environments that are conducive to the living and work conditions of the visually impaired here in Kerala the Accessible India Campaign works to create a more accessible India for the visually impaired and introduces policies that enforce greater accessibility and reasonable accommodations in education, employment, sports and public life following the Rights of Persons with Disabilities Act 2016. The majority of visually impaired students in India attended so-called ‘blind schools’ designed to isolate the visually impaired and distance them from the general population. They were not given the same tools as sighted students and were unable to communicate in the same ways. Reading and writing were taught using abugida or abjad writing systems such as traditional Braille. Now, technological advancements such as Braille displays, screen readers and text-to-speech software are allowing visually impaired students to ensure that they have better access to educational and professional opportunities.594 views -
Self-Determination and Resource Rights: Indigenous Lands under Threat
Student at Law College Dehradun, Uttaranchal University, Dehradun (Uttarakhand), IndiaPages 2870 - 2888The issues of indigenous rights and land-rights are two important topics that find a compelling introduction to indigenous peoples in India and their alarming status today. One of the largest tribal communities in India, the Adivasis, occupy more than a fifth of the country’s landmass. They have made some social, economic and societal progress, but continue to be discriminated against, live in poverty, have grossly unequal access to healthcare and education, and are constantly engaged in struggles to defend their lands, traditional territories, self-identity, spirituality and solidarity. This article is an analytical framework of the legal and political background (informed by law) to tackle the burning, global, real-world problem of indigenous peoples – what can be gained from a study of land and indigenous peoples? I take the United Nations Declaration on the Rights of Indigenous Peoples (2007) as an entry point and examine the relevance of indigenous peoples’ (IP) self-determination and resource rights in contemporary India. The article outlines the history of the colonisation and post-Independent period in India; the erosion of land rights; indigenous land struggles and current litigation; that land (territory) is essential for the realisation of IP rights; the current Indian Supreme Court/Government policy to protect forests that IPs have been living in; a few major landmarks since 2007, where a land-related issue could have a significant impact as an indicator of the future of IP rights in India; the constraints of green laws in meeting or advancing IP rights; the question of reconciling economic growth and development with IP rights; a brief introduction of leading developments in tribal-rights jurisprudence and future directions; India has never had a systematic policy of land allocation or land ownership; my suggested future direction for a nascent and critical issue. Ending with the conclusion.606 views -
Need to Curb Down Malpractices and Adulteration in Dietary Supplement Industry in India
Student at Uttaranchal University, IndiaPages 2889 - 2895In this article, we explore the significant aspects of dietary supplements, including their uses, needs, legislation, and related case law. The dietary supplement industry in India is a multi-billion-dollar business encompassing a wide range of products, from simple vitamin tablets to powders and dry products. We will examine the challenges faced by the supplement industry, strategies to address them, and the various legislations that govern this sector, including the penalties under these laws. We will also delve into the reasons for malpractice within the supplement business, its impact on health, and the growing health consciousness in India. Additionally, we will review various case laws that define and regulate the use of dietary supplements. The penalties under the Food Safety and Standards Authority of India (FSSAI) will also be discussed. This article aims to provide an in-depth analysis of an expansive industry that remains under-regulated by government bodies, often perceived as a niche market rather than the global multi-billion-dollar industry it is. The government's approach to maximizing tax revenue from this industry, without recognizing the potential benefits of these products for enhancing the physical capacity of the average Indian citizen, is also critiqued. Furthermore, we argue that in India, laws related to dietary supplements are overseen by the FSSAI, a body that may lack the competence required to effectively regulate this industry.875 views -
AI as a Double-Edged Sword: Intellectual Property Infringement Risks and Mitigation
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2896 - 2914Due to the huge hype and development of Artificial Intelligence (AI), the creation, protection and infringement of IP have experienced a radical change in today’s society. AI technologies – due to their capability of producing outputs that might qualify for IP protection – carry with them the enormous opportunity of recreating the whole IP world, but also very complex legal issues. Considering the wide availability of open data and the lowest possible computing costs in history, the technological possibilities are endless and they offer great IP protection and infringement opportunities. This article explores the dual implications of AI on IP rights, delivering two key takeaway messages: first, due to AI technologies’ capability of creating outputs that could qualify for IP rights, there is a strong need to reconsider the PI legal framework; and second, copyright law is by far the legal framework that suffers the full perplexing impact of AI creation, infringement, authorship, ownership and liability questions. Thus, it should be reformed or harmonized with the fast technological changes of the era. This Article aims at exploring the huge opportunities and risks that AI brings to the IP world.763 views -
Offshore Banking in India
LL.M. student at National University of Study and Research in Law, IndiaPages 2915 - 2926Offshore banking, a prominent sector within the financial industry, is particularly appealing to emerging markets due to its relatively lax regulatory environment compared to domestic financial markets. Offshore Financial Centres (OFCs) offer a plethora of advantages including favorable tax structures, financial stability, and confidentiality, which attract both individuals and corporations. However, the practice also poses several risks such as diminished financial security, increased regulatory scrutiny, restricted access, and susceptibility to fraud. The concept originated with banks on the British Channel Islands, evolving into a significant global financial intermediary. Offshore banks primarily serve non-residents and operate in foreign currencies, leveraging minimal taxation and enhanced privacy to attract deposits and investments. In India, the establishment of an OFC has been proposed to bolster the nation's financial sector, inspired by successful models in places like Hong Kong and the Cayman Islands. The Reserve Bank of India introduced Offshore Banking Units (OBUs) in 2002, which function within Special Economic Zones (SEZs) to facilitate international banking activities. These OBUs operate under a different set of regulations compared to domestic banks, offering services like project financing and syndicated loans in foreign currencies. The potential benefits of establishing an OFC in India include greater access to international funds, enhanced financial intermediation, and improved banking expertise. However, the practical challenges are significant, given India's current economic conditions and the intense global competition among financial centers. Key policy changes, such as the internationalization of the rupee and relaxation of exchange controls, are necessary to realize this vision. The implications for India's economy include the need for robust regulatory frameworks to manage the influx and outflow of international funds, ensuring stability and growth within the domestic financial system.1,080 views -
Anti-Defection Law in India
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2927 - 2936Established in the year 1985 by mode of the 52nd Amendment to the Constitution of India, Anti-Defection Law of India was outline to reduce the process threat presented by political defections. Adored in the Tenth Schedule, this statute aimed to undertake the democratic secureness and encourage party discipline. This analysis offers a thorough examination of the Anti-Defection Law's political result in India after its progress. This writing paper look over the organization of the law in turn aside defections, confirm the uprightness of political parties, and enhancing accountability among government officers by representation on empirical data, legislative history, and case studies. The Anti-Defection Law's provisions, weaknesses, and methods of enforcement are all examined in this analysis. It assesses the judiciary's function in interpreting and upholding the law as well, stressing significant rulings and their consequences for parliamentary democracy. The Anti-Defection Law's provisions, weaknesses, and methods of enforcement are all examined in this analysis. It assesses the judiciary's function in interpreting and upholding the law as well, stressing significant rulings and their consequences for parliamentary democracy. The essay also explores the socio-political environment that surrounds defections in India, taking into account elements like party dynamics, electoral incentives, and constitutional principles. It evaluates the difficulties and complaints the Anti-Defection Law has encountered, including claims of abuse and its effect on legislative authority. By using a multifaceted approach, this research adds to a more complex understanding of how the Anti-Defection Law affects Indian democracy and provides guidance to practitioners, academics, and politicians who aim to preserve constitutional ideals and build democratic institutions.1,091 views -
Conclusiveness of Judgment in Alternative Dispute Resolution
Student at Law College Dehradun, Faculty of Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2937 - 2947This paper delves into the concept of the conclusiveness of judgment within the realm of Alternative Dispute Resolution (ADR). A fundamental principle of ADR is the resolution of disputes outside of traditional litigation through methods such as arbitration, mediation, and negotiation. However, questions arise regarding the finality and conclusiveness of decisions rendered through these processes. In the realm of ADR, which encompasses various methods of resolving disputes outside of traditional litigation, the application of res judicata poses unique challenges and opportunities. This paper examines how res judicata principles intersect with different forms of ADR, such as arbitration, mediation, and negotiation. Additionally, it explores the implications of res judicata for the finality, efficiency, and legitimacy of ADR processes. This paper explores the extent to which judgments or awards issued in ADR proceedings are considered conclusive, examining the implications for the parties involved and the broader legal landscape. Through an analysis of legal frameworks, case studies, and scholarly literature, this paper navigates the complexities of conclusiveness in ADR, aiming to provide insights into its practical application and theoretical underpinnings.511 views -
Law and Policy Related to Economic Crime in India
Student at Law College Dehradun, Faculty of Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2948 - 2960It is a familiar way of thinking that there is a disconnected connection among financial matters and wrongdoing. Yet, the creators of this examination step back to feature an essential point that is much of the time indicated. The country's financial circumstance affects the law enforcement framework's administrative and authorization strategies. Moreover, the investigation of criminal science, which focuses on the ethical compass of the crook, disregards the guilty party's monetary conditions. The subjects of fines and punishments for criminal offenses are additionally examined in the article. The concentrate basically fixates on the use of different factual and financial instruments in the turn of events, execution, and settlement of Criminal Regulation. This paper's principal objective is to associate the two ideas and exhibit how financial matters is important for criminal regulation to exist.533 views -
A Dichotomy between Constitutional Morality and Public Morality: An Insight into Judicial Trends
Advocate at District and Sessions Court, Amritsar, Punjab, IndiaPages 2961 - 2970Is decriminalisation of homosexuality immoral? Are the same sex marital unions moral? Whether allowing women to enter the Sabrimala temple justified? Is the hijab ban immoral and domineering? Several such moral questions grip the Indian Judiciary every now and then. It is false to opine that the law and morality are distinct in character, especially when the idea of constitutional morality constitutes the basic structure of Indian grundnorm. A rigid demarcation of law and morality is highly improbable. However, there lies a clear diversion between the idea of constitutional morality and public morality. While the former focuses on upholding the supremacy of law, the latter is merely concerned with the societal inferences of morality. The idea of constitutional morality was instilled to strengthen the democratic nature of the Indian Soil. In contrast to this, public morality is an idea which has been in existence since time immemorial. These two contradicting concepts pose a problem in the judicial interpretation of laws. It is the obligation of the judiciary to decide in the interest of common benefit of the nation. It is not only the duty of the state to secure justice for all but the judiciary is equally responsible for that. An important question that arises is how far the judiciary is able to strike a balance between constitutional morality and public morality. It is also important to consider that how far the judiciary is able to uphold the ethos of constitutional morality and sidelining the interests of certain set of populace under the shadow of public morality. This research paper will expound upon the idea of constitutional morality and public morality. It will focus on the significant judicial trends in upholding the constitutional morality over public morality and also determine the direction in which Indian society is heading at the helms of constitutional morality.733 views -
Right to Speedy Trial in India: A Critical Examination of Legal and Practical Obstacles
Research Scholar at School of Law, University of Kashmir, IndiaPages 2971 - 2993In order to maintain the values of justice and equity, prompt trials are essential in every jurisdiction. In a just and effective legal system, the significance of prompt trials cannot be emphasized. Cases must be resolved quickly to guarantee that justice is administered without unnecessary delay, which may be harmful to the parties concerned. Both the accused and the victims may have financial difficulties, emotional discomfort, and uncertainty as a result of protracted judicial proceedings. Furthermore, while memories fade and tangible evidence might be misplaced or altered over time, prompt trials aid in maintaining the integrity of the evidence and testimony. Furthermore, prompt trials preserve the fundamental right to a speedy trial, which is protected by the Constitution in many nations, and they lessen the backlog of cases in the legal system, enabling more efficient resource management and an efficient justice system.By ensuring timely adjudication, the judiciary not only upholds the principles of fairness and justice but also acts as a deterrent against prolonged pretrial detention and potential abuses of power. Thus, guaranteeing speedy trials is essential for maintaining the rule of law and preserving the rights and dignity of individuals within the legal system. Additionally, speedy trials improve the correctness of court decisions by preventing the deterioration of witness testimony and evidence. The assumption of innocence and people's fundamental rights are safeguarded by the right to a prompt trial, which also acts as a deterrent against extended pretrial detention.994 views -
Analysis of the India-US Extradition Treaty
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 2994 - 3001Extradition involves the delivery of a person accused or convicted of an offence from the State within whose jurisdiction the person is found to the State where the said offence has taken place or where the person was convicted, upon the request made by the latter. It is an act of international cooperation involving two States. The process of extradition between two States can be followed either by Extradition Treaty or by Extradition Arrangements. India has extradition treaties with 48 States and extradition arrangements with 12 States. This paper aims at analysing the Extradition Treaty between India and USA and also studies the circumstances in which the Requested States can deny the request of extradition.1,029 views -
Lok Adalats in India: A Comprehensive Analysis of their Role in Facilitating Speedy Justice
Student at Shambhunath Institute of Law, IndiaPages 3002 - 3015This research aims to conduct an in-depth analysis of the Lok Adalats in India, with a specific focus on their role in expediting the delivery of justice. The research primarily focuses on the organizational structure, jurisdiction, and historical evolution along with the legal frameworks of Lok Adalats in India. The study also delves into analyzing the functioning of the Lok Adalats in India and the respective impact of the Lok Adalats over the huge backlog of cases within the Indian Judiciary. This paper humbly attempts to assess the procedural aspects and mechanisms employed by the Lok Adalats in resolving disputes and emphasizing their efficiency in achieving speedy justice. The study seeks to evaluate the effectiveness of the Lok Adalats in India as an alternative dispute resolution mechanism and assess their contribution to reducing the expediency of cases in the Indian judicial system. Lok Adalat represents an innovative forum and a much-needed addition to international jurisprudence for dispute resolution. They symbolize an independent, voluntary, disputant-friendly, efficient, justice-oriented, and non-technical platform for the settlement of disputes, in addition to being a recourse from the millions of cases clogging the dockets in courts. It will further scrutinize the variety of cases mostly addressed effectively by the Lok Adalats and identify the forthcoming challenges and limitations that become a hurdle to their efficient functioning. This paper will also explore the general public's perceptions and the stakeholders' opinions regarding Lok Adalats and its work. The Lok Adalat has become a tool for magnifying the legal crisis; not only do they act as tangible reminders of the failure of the formal justice system, but their unabashed acceptance reflects a form of acquiescence to failure and complacency that discourages any substantial reform of the state judicial system.1,221 views -
Protection of Rights of War Prisoners under International Law: An Analytical Study
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 3016 - 3024International law protects the liberties of Prisoner's of conflict regardless of the terrible cost to humanity from dispute. The UN offers an extensive structure for Prisoner care; nevertheless, because of managerial, politics, and tactical variables, implementing these rules in times of conflict can be difficult. Notwithstanding the critical role the International Panel for the Red Cross, better known as the ICRC, plays in defending the rights of prisoners of war, obstacles to its efficient execution still exist. The article examines how these rules are actually put into practice while examining the continuous challenges in defending POW rights. It emphasizes how vital it is that the global community maintain its constant watchfulness. Improving the accountability systems for transgressions of IHL, also known as international humanitarian law, is crucial in order to prevent such atrocities in future generations and guarantee victim justice. The significance of global organisations' advocacy work is emphasised in the article. These programmes encourage the study of international humanitarian law (IHL) for troops and non-governmental organisations (NGOs), support strong legal frameworks, and punish war criminals accountable. Even in the midst of ongoing difficulties, nations around the world can create a stronger framework for defending Prisoners by implementing these actions.764 views -
Juvenile Delinquency in India: Analysing the Effectiveness of the Juvenile Justice Act 2015
Student at NMIMS KPMSOL, IndiaPages 3025 - 3042The research paper addresses juvenile delinquency all India between 2017-2021 and the challenges faced in implementing the Juvenile Justice Act 2015. This investigation delves into the legislative framework, guidelines, rehabilitation programs and the history of the act. The act aims to explain the root causes of juvenile delinquency and how controlling them can lead them to more effective control over the juvenile delinquency situation in India as well as factor in how the JJA act of 2015 can work alongside these root causes to target juvenile delinquency. The stagnation of criminal rates or the marginal improvements in the criminal rates prompt an understanding of the root causes of why children come in conflict with the law. To such an extent this paper covers factors like education, family, substance abuse, mental health, domestic violence, to verify and conclude the meshed context within which juvenile delinquency occurs. In light of such analysis an investigation indicates the environment in key institutions like schools or family can either grow or restrict them in their formative years. Such restrictions arise as isolation, high family cohesion etc. Psychologically there exists a disparity between normal adolescents and those that engaged in criminal activities requiring active intervention to narrow this gap. The paper concludes with recommendations for the JJA 2015. This ranges from collaboration with educational institutions to effectively combating stigmatisation of children in conflict with law. By addressing such nuanced issues the paper attempts to holistically solve the problem of juvenile delinquency.988 views -
Evolution and Impact of Hindu Succession Act 1956 in Shaping the Hindu Law of Inheritance in India
Student at Law College Dehradun, Uttaranchal University, IndiaPages 3043 - 3051Hindu succession law, primarily governed by the Hindu Succession Act of 1956, outlines the legal framework for inheritance among Hindus in India. This legislation, applicable to Hindus, Buddhists, Jains, and Sikhs, encompasses both intestate (without a will) and testamentary (with a will) succession. A significant milestone in this domain was the Hindu Succession (Amendment) Act, 2005, which aimed to rectify gender biases by granting equal inheritance rights to daughters, thus transforming the traditional coparcenary system. Key aspects of Hindu succession law include the classification of heirs, the rights of women and children, the concept of coparcenary property, and the disqualification criteria for heirs. Despite legislative advancements, the practical realization of these laws faces challenges due to persistent socio-cultural norms and lack of awareness. This study explores the intricacies of Hindu succession law, highlighting its evolution, current legal provisions, and the ongoing challenges in achieving equitable property distribution. The analysis underscores the role of judicial interpretations in shaping the law and the need for continued reforms to ensure justice and equality in inheritance matters among Hindus.1,891 views -
Antecedents of Brand Loyalty for Mobile Phone Brands: An Empirical investigation
Assistant Professor at Al- Barkaat Institute of Management Studies, Aligarh, IndiaPages 3052 - 3062The main purpose of this research is to study and investigate the impacts of perceived value, perceived quality, brand trust on brand loyalty of mobile phone brands consumers in the region of Delhi and NCR. Data was collected online using random sampling technique through self-administered questionnaire from the consumers of Delhi and NCR. After the collection and analysis of data of around 266 questionnaires through SPSS and it was observed that there is a significant impact of perceived quality and brand trust on brand loyalty whereas there is an insignificant impact of perceived value on brand loyalty.1,100 views -
Cyber Crime Threats and Security Legislations in India: A Critical Analysis
Research Scholar at Sai Nath University, Ranchi, Jharkhand, IndiaPages 3063 - 3071With regard to its geopolitical relevance, India's technology infrastructure is vulnerable to cybersecurity concerns and zero-day assaults, much like that of powerful Western nations. Strong measures are required to safeguard individual privacy, economic interests, and national security in India due to the country's increasingly complex and frequent cybersecurity threats. More than 52% of India's population, or 759 million people, will have used the internet at least once a month by 2022, making the country home to a sizable and rapidly expanding internet user base. India's digital economy is growing quickly, and industries including healthcare, education, banking, retail, and agriculture all depend on internet platforms and services. India, however, faces sophisticated and persistent cyber threats from state-sponsored and non-state actors that target India's strategic, economic, and national interests due to its antiquated or inadequate cyber security policies, infrastructure, and awareness, which make it easy for hackers to exploit the gaps and weaknesses in the system. This research paper shall look upon the sophisticated cybercrime threats provide a challenge to India's cybersecurity environment, necessitating comprehensive and flexible security laws. While aiming towards safeguarding the nation's digital ecosystem requires concerted efforts to create a strong legislative and institutional framework, as well as targeted capacity-building and international collaboration initiatives. This paper concludes that India can successfully minimize risks and safeguard its national interests and individual privacy in the digital era by consistently improving its cybersecurity measures.747 views -
Arbitration in Resolving Climate Dispute
Student at Law College Dehradun, Uttaranchal University, IndiaPages 3072 - 3083People must immediately address global warming and climate change. Daily evidence shows global warming is worsening. We must stay up while serving our needs and protecting the environment. Solving the climate change dispute has no limits. It takes time to reach environmental agreements amongst nations. However, new dispute resolution strategies may be possible. Section 2(f) of India's Arbitration and Conciliation Act covers international arbitration, which might involve a single individual, a corporation, or even a foreign government. By explaining more, India has started this process. Many solutions that could reduce global warming have yet to be discovered. Many chosen for arbitration know it's being discussed for various reasons. Commercial disputes, investment treaties, and other conflicts are resolved through arbitration and other non-traditional methods. Commercial and other types of arbitration are preferred for fast resolution due to their streamlined procedures, speedy decisions, and other benefits. Climate change and commercial challenges are often prioritised, even if we equate climate change with international arbitration. Numerous measures by arbitration institutions show that international arbitration is responding to global warming. Numerous treaties, initiatives, and tribunal rulings are essential for solving the biggest environmental issues. Arbitrators are interested in climate change issues since they affect the public. For efficacy, concerns will be raised. Examining the arbitration industry's advances can help you understand. Despite their apparent unrelatedness, the 2016 Paris Agreement and arbitration will control climate change. These aspects must be related for better results. To mitigate the worst effects of climate change, energy, land, urban infrastructure (including transportation and buildings), and industrial sectors must be rapidly and significantly modified. Due to global climate change, energy, land, urban, infrastructural, and industrial systems will need urgent and thorough alterations, which will lead to new investments and contracts and legal challenges. The Paris Agreement only applies to state parties, unless they have incorporated it into domestic law. Contracts to adopt energy or other systems for transitioning, mitigating, or adapting in compliance with the Paris Agreement and contracts without climate clauses can lead to disputes. The UNFCCC ratified the Paris Agreement in 2015, requiring all nations to pursue ambitious climate change mitigation and adaptation measures. The Paris Agreement's mitigation goal is a 2-degree Celsius global temperature drop from pre-industrial levels. The accord also seeks to improve nations' climate change adaption. The Paris Agreement also supports vulnerable and developing nations in adapting. The ICC working group considered all climate change-related disputes and policies. The 2018 IPCC Special Report on Global Warming of 1.5 degrees Celsius calls climate change a major issue. To avoid the worst effects of climate change, energy, urban infrastructure, land, and industrial systems must be overhauled immediately. The worldwide response to climate change will rapidly modify land, infrastructure, and industrial systems, creating new investment opportunities and contractual agreements and increasing contractual legal issues.620 views -
Comparative Study of Death Sentence Laws in India and Other Nations
Assistant Professor at Law Department (Guest Faculty), Himachal Pradesh University Regional Center, Mohli , Dharmshala, IndiaPages 3084 - 3098The Death Penalty has been a mode of punishment since time immemorial. The arguments for and against have not changed much over the years. Crimes as well as the mode of punishment correlate to the culture and form of civilization from which they emerge. The problem of crime and punishment has bothered the human minds for a long time. By nature, every crime should be punished appropriately. Following this, each country has created a special set of laws which define the type of punishment for various crimes. These laws are enacted together with the other laws to form the country’s constitution. Death penalty has been practiced in some countries as a punishment for certain crimes and circumstances. This paper focuses on the analysis in supporting and opposing the death penalty sentence as a measure to curb crime in some countries. However, with death penalty still effective and being practiced in some countries, there are other countries with the religious believe that no man is justified to take the life of another.926 views -
Analysis of Reproductive Rights in the Light of Art Act & Surrogacy Act
Student at Law College Dehradun, Faculty of Uttaranchal University, IndiaPages 3099 - 3108The article discusses the legal and ethical challenges surrounding The Surrogacy Act of 2021 and Assisted reproductive technology (regulation) Act 2021. focusing on eligibility criteria, health implications, surrogate rights, financial burden, and compensation. It’s high lights the impact on marginalized segments of society and the proposes global alternatives to construct the act neutral and more satisfying for all participating beneficiaries. The Assisted Reproductive Technology (Regulation) Act, 2021, was passed by Parliament to regulate the functioning of assisted reproductive technology clinics and all the banks in the country. It aims to supervise, regulate, and protect the rights of women go through fertility treatment, including the controversial treatment of surrogacy, and ensure legal and ethical success.707 views -
Legal Aspects of Cryptocurrency: Research in Vietnam
Lecturer at Faculty of Law, Banking Academy, VietnamPages 3109 - 3123On June 15, 2021, in Decision 942/QD-TTg, the Government assigned the State Bank of Vietnam to be the leading unit to research and pilot virtual currency based on blockchain technology (from now on referred to as virtual currency. ). According to the general trend, this type is expected to bring many advantages to payment activities compared to legal paper money. Still, it will pose many challenges for each country's monetary policy. Through the article, the author group focuses on researching the legal aspects of virtual currency and virtual currency management in Vietnam, thereby providing recommendations and proposals to build and Complete the law on virtual currency management in Vietnam during the upcoming period.747 views -
The End of the Rope: A Critical Analysis of Capital Punishment with regards to Deterrence Theory
Student at Rajiv Gandhi National University of Law, Punjab, IndiaPages 3124 - 3128The capital punishment is one of the oldest and most enduring punishments, with its brutality and instinctiveness inciting the primal instincts of “civilised” societies. When questioned, it is typically defended using the deterrence theory and the theory of retributive justice, both of which are analysed in the article. The deterrence theory states that the death penalty deters crime by deterring crime: it does so by apprehending criminals and by preventing future wrongdoers by setting an example. However, it is discovered that countries with and without the punishment have no significant difference in crime levels. This is because crime is not typically committed after weighing the punishment, and because the certainty of being caught is more important than the severity of the punishment when it comes to deterrence theory. The theory of retributive justice is flawed and impracticable, as it addresses only the symptom of a larger illness impacting society. instead of improving societal conditions to prevent the making of a criminal mind, it chooses the short-term satisfaction of killing a person who should be seen as a victim of society. Finally, it is proven that people belonging to marginalised backgrounds are mostly the recipients of the death penalty, which indicates a clear societal failing and an administrative bias. Life imprisonment is presented as a viable and peaceful alternative to the death penalty, performing the same function but with better intentions and results. Additionally, as long as the judicial system remains human and prone to error, the State must refrain from taking away what it cannot restore: the gift of life.844 views -
From Diamonds to Deception: Exploring Money Laundering as a White-Collar Crime through a Criminological Analysis of the Nirav Modi Scam
Student at University of Mumbai, IndiaPages 3129 - 3144This article examines the concept of white-collar crime through the lens of the high-profile Nirav Modi fraud case in India. It delves into the theoretical underpinnings of white-collar crime, tracing its origins to Edwin Sutherland's seminal work and exploring its manifestations in corporate and occupational contexts. The intricate dynamics of money laundering, a prevalent facet of white-collar criminality, are also scrutinized. The article dissects the modus operandi of the Nirav Modi scam, shedding light on the collusion between bank employees and Modi's companies to defraud Punjab National Bank of nearly $1.8 billion through unauthorized bank guarantees. Employing the Fraud Triangle and Fraud Diamond theories, it probes the motives, opportunities, and rationalizations that enabled this audacious fraud. Furthermore, the far-reaching aftermath of the scandal is examined, spanning stock market turmoil, regulatory reforms, and legislative developments in the Prevention of Money Laundering Act. Finally, the article explores criminological perspectives on white-collar crime prevention, underscoring the need for a multifaceted approach encompassing victim education, deterrence, and stringent oversight measures.1,130 views -
The Balance of Power: Examining the Principles of Natural Justice in India
Associate Professor at Sultan-Ul-Uloom College-of-Law, IndiaPages 3145 - 3156The Principles of Natural Justice are important in order to have a fair trial and administer justice. This concept of natural justice has been in practice since recorded human history began. Principles of natural justice ensure that justice is done without bias and done fairly. It includes the rule against bias and right to fair hearing. This concept is based on two maxims : 1) Nemo in propria causia judex, esse debet: “No one should be made a judge in his own cause”. It is also popularly known as rule against bias; and 2) Audi Alterum Partem: “Hear the party” or “give a fair hearing”. There are certain exceptional circumstances where these principles are not followed. A few of them are exclusion in emergency, exclusion in matters which are purely administrative exclusion in case of legislative action etc. The breach of principles of natural justice makes a decision voidable but not void. Principles of natural justice are flexible and practical. The principles of natural justice come to the rescue of those persons who are not able to validate their claim on the base of any law and yet have to endure injustice and adverse consequences. Principles of natural justice do not apply where the procedural rules are openly or implicitly provided by law.813 views -
A Critical Analysis of Unregulated Social Media Influencer Industry with respect to Child Rights Jurisprudence
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 3157 - 3165Among the major problems facing our legal system is the quest to find apposite solutions in the world of social media and digital paradigm. An unregulated social media environment in the recent times is among the wide range of causes to result in deviant behaviour, delinquency and child exploitation. The scale and complexity of the online environment is such that the public law enforcement agencies are outstripped by it. The study emphasizes on how the teenagers are more susceptible to trends in social media and how the gap in the law and unregulated content circulation causes the children and teenagers to act in a manner which is in conflict with law. The study further delves into the exploitation of children for economic purposes. It highlights the constitutional mandate on the state to make policies in the regard. And the enabling constitutional provisions to make laws that particularly protect the children. The study is a socio-legal research which in itself encompasses legal provisions, judicial pronouncements and critical study that provides a clear picture as to the possible policy requirements that could be implemented. The study analyses the socio-legal paradigm that is causing the child rights jurisprudence to develop along the lines of regulating the social media, in particular the influencer industry.720 views -
Determining a Child’s Habitual Residence: The Myriad of Judicial Decisions in the courts of the UK and the European Union
Assistant Professor at Department of Law, Port City International University, BangladeshPages 3166 - 3174In modern times, perhaps ‘habitual residence’ has become the most popular connecting factor in private international law, surpassing domicile and nationality. Especially, in family-related matters, habitual residence has been the ‘go-to’ connecting factor in both national laws and international instruments. Due to its reliance on the ‘factual notion’, habitual residence has been considered the ideal connecting factor for modern society, where people are constantly moving across jurisdictions. This phenomenon has been evident in cases, where determination of a child's residence has been the issue of litigation. The custody of children has always been given due importance in every jurisdiction and has surely received adequate attention in private international law legislation. While there has been no debate about the use of habitual residence in matters of child custody, its diverse interpretations in and across various jurisdictions have resulted in conflicting and confusing decisions. Although habitual residence was adopted so that it can be molded according to the needs of each case, too much uncertainty regarding this concept could hinder justice. There should be some legal certainty surrounding the concept of ‘habitual residence’ even in the absence of a proper definition, so that the courts could serve the ‘best interests of the child.’ The article explores the decisions from the courts of the UK and the courts of the European Union, to discover the common understanding of habitual residence in cases concerning a child.743 views -
Women in Peace and Security Agenda in India
Impact Manager at ASEAN Youth Organisation, IndiaPages 3175 - 3187This paper examines the theme of women in peace and security (WPS) in South Asian nations. It outlines the reasons why there is no national action plan in India and its effect on women in three areas - participation, prevention, and protection. Four South-Asian nations, including India, are compared based on their socio-political conditions, discriminatory laws, and legal frameworks. By analysing the situation in Kashmir and the North-east through a gender lens, it examines the disproportionate burden placed on women by the state response.548 views -
A Study on Consumer Preference towards Selected Digital Payment Mechanisms
Research Scholar at Pacific Academy of Higher Education and Research University, Udaipur, Rajasthan, IndiaPages 3188 - 3195In today’s modern commercial operations, a plethora of payment options are offered for the purchase and sale of goods and services. Several service providers have developed a multitude of apps and wallets over time that allow users to pay and accept payments from each other as well. A user can instantaneously pay from any location at any time without physically being present in a bank branch. The paper makes an effort to pinpoint the methods of payment that have become the most prominent for digital banking - a study in Jaipur city and the researcher has made use of both primary and secondary data. The primary information was gathered through a self-constructed questionnaire distributed to the Digital Banking users of the Jaipur city. Secondary information was collected from various websites, news articles, magazines, and other sources. One of the major changes in economic environment is by demonetizing the high value currency notes of – Rs 500 and Rs 1000 from 8th November 2016 and try to make India as cashless economy. Therefore, the paper highlights the most prominent digital payment method which is used by the digital banking users.1,792 views -
Government of India’s Strategic Stake in Vodafone Idea: Implications and Future Prospects
Student at Faculty of Law, University of Delhi, IndiaPages 3196 - 3201The Indian government acquired a 33.14% stake in Vodafone Idea (Vi) in February 2023 to address Vi's financial struggles and bolster the telecom sector. This conversion of Vi's debt into equity provided financial relief but also significant government control. The acquisition has yielded mixed results: debt reduction, improved profitability, and network expansion, but also concerns about long-term viability, government interference, and job losses. Vi's current performance shows promise, but its future depends on the government's strategy and Vi's ability to overcome its challenges.1,225 views -
Women Reservation in India
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 3202 - 3211India's reservation framework may be a special kind of positive activity aiming to assist truly underprivileged and marginalized communities. The presentation and execution of women's reservations in India are inspected in this exposition, with specific consideration paid to the protected arrangements, administrative activities, case laws, and social and political consequences. The ponder, which is constrained to India, looks at how well reservations work to engage ladies and progress the balance between men and ladies within the country. Women's representation in legislative issues has long been a disagreeable subject in India. Talks around it date back numerous a long time. The notion of women's reservation relates to the allocation of a particular extent of seats within the legislative body exclusively to female contenders. Tending to the long-standing sexual orientation crevice in representation in legislative issues and empowering ladies to require a more dynamic part in decision-making are the objectives of these reservations. To begin with, presented in 1996, the Women's Reservation Charge points to designate one-third of all seats for ladies in state administrative gatherings and the Lok Sabha, the lower house of Parliament. In any case, the charge has experienced significant resistance and has however ended up law despite numerous endeavors to pass it. The bill's opponents contend that gender-based reservations alone seem to demolish the meritocracy guideline and result in tokenism, in which ladies are seen as bumbling pioneers instead of competent substitutions. Women's reservation defenders fight that such approaches are required to evacuate auxiliary impediments that have customarily kept ladies out of legislative issues. They cite information from nations like Norway and Rwanda, where comparable laws have moved forward administration results and brought about outstanding picks in women's representation. The subject of women's reservations in India could be a microcosm of bigger dialogs encompassing social justice, political representation, and sex balance. Although reservations have the potential to bring positive alter, their adequacy eventually rests on supplementary activities attending to the fundamental causes of disparities in sex and cultivating a political scene that's comprehensive of women.727 views -
Legal Recognition of Live-In Relationships: A Cross-Country Analysis of India and France
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 3212 - 3231The article draws a comparison between the legislative frameworks surrounding live-in relationships in India and France. It examines the mode and limitations of legal recognition of such relationships in the two nations, and what implications exist for the couples living in this arrangement. Live-in relationships in India have been beginning to find some legal footing largely via judicial interpretation that are gradually stretching protections under certain conditions. By contrast, the French law permits such couples to proceed on a more stipulated and defined legal pathway via the Pacte Civil de Solidarité (PACS) that comes with formalized recognition and the same rights and responsibilities that one gets in marriage under a variety of legal regimes. The paper sharply brings out the cultural, historical and legal differences between the two nations in acceptance and regulation of live-in relationships. It points at how legal recognition holds security for couples – especially concerning questions of property rights, inheritance and parental responsibilities – within the larger tide worldwide to recognize the various forms of family structures.740 views -
“The Last Testament – Will”: An Analysis of its Constitution in India and France
Principal (FAC)/ Associate Professor at Government Law College, Ramanathapuram, IndiaPages 3232 - 3236The Purpose of executing the will is to transfer the property by a owner to the heir the owner wishes. Though the objective is good , it creates litigation if any heir is omitted from the beneficiary list. The significance of composing a substantial will can't be subverted. The presence of a won't just makes domain arranging productive and powerful yet additionally empowers the relatives of the departed to keep away from superfluous family fights and case. In addition, it assists with getting the interests of legitimate successors to the departed from any family members or petitioners who might emerge post the passing of the departed to guarantee their portion.This being so , the will is governed by many procedures according to the law of the land. Starting from the capacity of testator till the ultimate beneficiary, the will is subjected to many processes. Composing a will as an instrument empowers the main beneficiaries and over comers of the departed to acquire the property in the manner the departed needed. Wills in India help complex family structures by gifting of the property genially without questions and the requirement for suit. A peculiar system of execution of wills is in force in India and in France. Since India is a country of different religions and separate personal laws is in existence for people, each religion has its own mode of formulating a will. In France also similar distinction arose depending on the legal heirs. So I have discussed in this article about the various requirements for execution of a will in India and France to have an broader outlook.555 views -
Beyond the Tick of Clock: Analysing the Concept of Condonation of Delay
Student at Maharashtra National Law University, Nagpur, IndiaPages 3237 - 3245The concept of condonation of delay, rooted in Section 5 of the Indian Limitation Act 1963, plays a pivotal role in balancing the legal right to seek redress with the need for timely litigation. This research paper delves into the principles and contemporary challenges associated with condonation of delay in civil litigation under the Civil Procedure Code 1908 (CPC) and the Limitation Act 1963. By examining landmark judgments and statutory provisions, the paper elucidates the interpretation of 'sufficient cause' and the discretionary power of courts in granting extensions beyond the prescribed limitation periods. It highlights the judicial tendency towards a liberal interpretation to ensure substantial justice, while also addressing the resultant procedural complexities, inconsistencies, and judicial inefficiencies. The paper identifies the critical issue of judicial discretion leading to arbitrariness and the lack of uniform precedent, which undermines legal certainty and predictability. Furthermore, it explores the broader implications of delay on the judicial system, including the erosion of public trust and increased case backlogs. To mitigate these challenges, the paper proposes the introduction of a mechanism imposing monetary fines or additional court fees for delays within a reasonable period. This approach aims to streamline judicial processes, reduce the burden on courts, and enhance overall judicial efficiency. By balancing the principles of timely justice and accessibility to legal remedies, this research offers actionable insights for reforming the application of condonation of delay in India's legal framework.1,795 views -
Laws and Policies Related to Migration and Asylum: A Study in International Perspectives
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 3246 - 3262Laws and policies governing migration and asylum represent a complex and evolving landscape across nations worldwide. In response to increasing global migration flows driven by factors such as conflict, economic disparity, and climate change, countries have developed diverse legal frameworks to manage the movement of people across borders and provide protection to those seeking asylum. Internationally, the United Nations plays a central role through conventions such as the 1951 Refugee Convention and its 1967 Protocol, establishing a universal definition of refugees and outlining the responsibilities of states towards them. These instruments set standards for asylum procedures, non-refoulement principles, and the rights of refugees to work and access education and healthcare. Regional bodies like the European Union have developed their own regulations, such as the Dublin Regulation, which determines the EU member state responsible for examining an asylum application. These frameworks aim to create unified asylum and migration management approaches within their respective regions. However, challenges persist in implementing and enforcing these laws, exacerbated by political tensions, differing national priorities, and public attitudes towards immigration. Issues such as human trafficking, border security, and integration of migrants into host societies further complicate the policy landscape. In conclusion, while international and regional agreements provide a foundation for managing migration and asylum, ongoing dialogue and cooperation among states are crucial to addressing the complexities and ensuring the protection and dignity of migrants and asylum seekers globally.662 views -
Judicial Scrutiny of Constitutional Amendments: A Guardrail for Democracy
Student at United World School of Law, Karnavati University, Gandhinagar, IndiaPages 3263 - 3271Formal modifications to a country's basic law are included in constitutional amendments, which play a crucial role in determining its government. An essential component of this process is judicial scrutiny, which protects democratic values and individual rights. The idea of the "basic structure" in India restricts some revisions in order to preserve the integrity of the constitution. In a democracy, amendments are important because they are flexible, encourage diversity, and offer legal remedies. Legal review guarantees that laws are consistent with constitutional frameworks. Cases such as Kesavananda Bharti v. State of Kerala and Shankar Prasad Singh v. Union of India demonstrate the complex dynamics and function of the court. Maintaining stability while allowing for necessary change emphasizes how constitutional concepts are still evolving.756 views -
Tax on the Income of Public Trust with special reference to Educational Institutions in India
Professor at National Law Institute University, Bhopal, IndiaPages 3272 - 3282A charitable trust is created for the benefits of the public at large. Exemption from the tax given to the charitable trust because their object is to serve mankind. Sometimes trust was formed for a charitable purpose but along with it, they are also engaged in the business or commercial activities, in such case it would be difficult to draw the distinction between income applied for charitable purposes or, business or commercial activities. Education has also come under the meaning of charitable purposes; therefore, educational institutions are also entitled to get an exemption from the tax. Where an educational institution generates a surplus and invests in fixed assets which were properties of educational institution, exemption from the tax should not be refused. If the educational institution ploughed back the surplus for educational purposes or used the new assets for educational purposes, then said the educational institution was considered to have existed solely for educational purposes only and not for profit.608 views -
Prison System and Rights of the Prisoners: A Critical Analysis
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 3283 - 3295The prison system was old, punitive and deterrent penal system used by the Indian administers, (kings) in the ancient days and the medieval days. After freedom, prison administration in the country has been a matter of intense debate and criticism at various public fora. In the recent years, the Supreme Court of India has come down heavily on the sub-human conditions obtaining in prisons. The constitution of India guaranteed every person right life and liberty and he can't be deprived from it unless there is due process of law. This provision is also applying on prisoner and that is why there is some protection available to them. The purpose of this study is to know more about the Indian prison system, to know about how prison administration had evolved, what are its merits and what changes it should have and this paper also aims to analyze the rights of prisoners under Indian law. Moreover, the rights enjoyed by Prisoners, under Article 14, 19 and 21, though limited, are not static and will rise to human rights when challenging a situation arises. The Indian prison system is no better for the reason that economic conditions do not permit to evolve better modes of prison management. Therefore, reconstructing of prisons in India needs prime attention. This article is directed towards the prison administration and rights of prisoners in Indian context.862 views -
Study of DNA Profiling in respect of Human Rights Jurisprudence
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 3296 - 3304Advancements in science and technology have profoundly transformed society and the way we approach criminal justice. Scientific evidence has become a cornerstone in judicial systems globally. Among the tools of forensic science, DNA profiling is exceptionally reliable and authentic, aiding in the identification of perpetrators, victims, and individuals affected by disasters and also ensuring the acquittal of the innocent. Serving as a dual-purpose tool which involves it not only helps in pinpointing the actual culprit but also safeguards the innocent from wrongful punishment. This discussion delves into the examination of DNA technology, its practical applications, and legal acceptability, while proposing recommendations for its effective deployment. These also incorporates the necessary requirement for comprehensive legislation, skilled forensic professionals, investigative units, laboratories, a DNA database, and a system that is efficient, transparent, and accountable for the handling, storage, and disposal of DNA samples. The global encouragement of scientific and technological progress, along with its application in innovative ways, has been widely acclaimed. Fostering a scientific approach is seen as a key driver for the promotion and support of human rights. This cutting-edge technology holds promise as a powerful tool in crime detection and legal proceedings, thereby enhancing societal well-being. The global encouragement of scientific and technological progress, along with its application in innovative ways, has been widely acclaimed. Fostering a scientific approach is seen as a key driver for the promotion and support of human rights. However, the push for advancements in DNA and other scientific technologies, in response to the increasing demands on judicial systems, has sparked discussions at both international and national levels regarding concerns over privacy infringement and Human rights.535 views -
Right to Fair Compensation and Transparency in Rehabilitation and Resilience
Student at Law College Dehradun, Uttaranchal University, Uttarakhand, IndiaPages 3305 - 3317The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 brings an important change in the Indian policy regarding land purchase for development project. The main features of the act are discussed in this article, including demands on consent, reasonable compensation, societal effect studies and through the settlement and rehabilitation plans. It also looks at the challenges faced in putting the act into practise and its effect on communities that have been displaced although it has a progressive foundation, its effective use is restricted by practical issues like valuation gaps and bureaucratic delays. To guarantee that the act is successful in promoting fair and equitable development. The article ends with recommendation for improving institutional capacity, simplifying procedures, increasing transparency, in community engagement and putting up strong monitoring measures.658 views -
A Comparative Study of Vigilantism in India, UK and Canadian Criminal Justice System
Student at Law College Dehradun, Uttaranchal University, Uttarakhand, IndiaPages 3318 - 3328The article examines How history culture and the law affect vigilantism incidents and reaction in India, Uk and Canada. Vigilantism is the taking the law enforcement into one’s own head . It is diverse phenomena with many forms in various legal and socio culture context. This is done by making comparison between the various criminal justice system by looking at case studies, legal framework and public opinions. This paper aims to improve our knowledge of vigilance by highlighting important issues and effectiveness strategies. It also offers recommendations for policy discussion that would lower the vigilance negative impact on society The ultimate objective is to educate academics, policy makers and attorneys on practical tactics for reducing vigilantism while providing the authority on and effectiveness of the criminal justice system.652 views -
Exploring the Process of ‘Complaint Mode of Crime Reporting’ and its Various Facets under the Indian Criminal Procedure Code
Legal Consultant at High Court of Orissa, IndiaPages 3329 - 3342This paper explores the process of crime reporting through the "complaint mode" under the Indian Criminal Procedure Code (CrPC), focusing on its various facets and procedural intricacies. The CrPC provides two primary avenues for initiating criminal proceedings: filing a First Information Report (FIR) with the police and lodging a private complaint directly with a Magistrate. The distinction between these methods is crucial, as an FIR pertains to cognizable offences and triggers police investigation, while a private complaint can address both cognizable and non-cognizable offences and involves judicial scrutiny. The study delves into the procedural steps for filing a complaint, highlighting the roles and responsibilities of the complainant, the police, and the Magistrate. It examines the legal provisions under Sections 154, 156, 190, 200, 202, and 203 of the CrPC, which govern the registration, investigation, and judicial handling of complaints. Furthermore, the paper analyzes the Magistrate's powers at various stages of complaint processing, including taking cognizance, ordering investigations, and dismissing baseless complaints. It underscores the importance of a well-drafted complaint, the necessity for clear and precise allegations, and the procedural safeguards to prevent misuse of the complaint mechanism. Through a comprehensive review of legal provisions, judicial pronouncements, and practical guidelines, this paper aims to provide a detailed understanding of the complaint mode of crime reporting in India, emphasizing its significance in ensuring access to justice and upholding the rule of law.741 views -
Corruption and Good Governance: Commonwealth Games Scam & Corruption present in the Public Sectors
Student at Symbiosis Law School, Pune, IndiaPages 3343 - 3358The paper explains the concept of corruption and presence of corruption in the public sectors in India. It gives a detailed overview of the Suresh Kalmadi v. CBI case, commonly known as the Commonwealth Games Scam (CWG Scam) to highlight the presence of corruption in the public sectors. The issue of the CWG Scam case was “Whether a public servant who has been involved in corruption activities should be entitled to the grant of bail by the courts”. Through this case, the author attempts to interconnect corruption with the country’s governance and to show how the corruption in public sectors should be controlled. The research objective to showcase that, in order to control corruption, the system is supposed to impose strict penalties and restrictions on the public servants who are involved in the illegal activities. Through this paper the author highlights on how the judicial authority failed in imposing rigorous restrains on the petitioners by granting them bail in the CWG Scam case. The paper recommends a few methods to curb the corruption happening in the public sectors. The paper also explains the meaning of Governance and the parameters to identify whether a country is under Good governance in order to curb corruption. The author discusses the eight principles, introduced by the Unted Nations, whose presence are identified for the good governance of the nation. Therefore, the author attempts to search for the presence of the principles of good governance in the present government of India and gives specific suggestions to control corruption.1,774 views -
Hindu Women’s Right to Inheritance in Bangladesh: An Analytical Study
Assistant Professor at Department of Law, Premier University, BangladeshPages 3359 - 3375As a developing country, Hindu women in Bangladesh faces a great discrimination in case of their inheritance right. In Bangladesh the inheritance right of Hindu women are totally neglected though their rights of sexual equality in every sphere of life is guaranteed by constitution. As a member of different international organizations Bangladesh is also bound to ensure property right of Hindu women. After the independence of Bangladesh no reformation has yet been made due to the unwillingness of Hindu male member and different religious group to change the inheritance right of Hindu female in our country. A brief attempt is made here to understand the laws that regulate their rights which also results the customary practices or patriarchal system strongly in our society and it will also examine Bangladesh‘s national and international commitments towards the same. This paper also provides an overview about the present condition of Hindu law relating to women’s inheritance right in Bangladesh which aim to reform the law relating to inheritance that will ensure their human rights as a family member in the society.944 views -
Predictive Modelling of Conflict-Induced Forced Displacement in West Africa
Student at Rajiv Gandhi National University of Law, Punjab, IndiaPages 3376 - 3390The growing forced displacement in West Africa, within and across the borders of countries, is a direct consequence of the increasing threat to the lives of millions of people due to coup d’états fuelled by state and non-state actors. Policy challenges; principles and practice of asylum; insecurity in refugee-populated areas; and return and reintegration of displaced people form the thick of the predicaments faced by refugees as well as internally displaced people in West Africa. West Africa is experiencing another spree of forced displacement after the array of civil wars and military coups that broke out in Mali (2020), Niger (2021 and 2023), Chad (2021), Guinea (2021), Sudan (2021), Burkina Faso (2022). The Internal Displacement Monitoring Centre’s report on internal displacement in West Africa (2006) cited that the total number of IDPs in West Africa may be a little over 1 million at this point but there lies potential for massive forced displacement in the region. This research paper aims to address the predicaments faced by the victims of forced displacement in West Africa using a modular framework. Lack of acceptance in host communities and social networks fear and uncertainty of not being able to return home, infrastructural deficits, lack of economic opportunities and human rights abuses are the major heads that lay the ground for the predictive modelling. The latter, in turn, would be useful for determining the incidence of conflict-induced forced displacement in West Africa and the consequences faced by the displaced population.606 views -
Uniform Civil Code: A Proposal to One Nation One Law
Research Scholar at Jagannath University, Haryana, IndiaPages 3391 - 3399In India, the implementation of the Uniform Civil Code (UCC) is seen as the key to secularizing and unifying the country in personal matters as well. The UCC holds great significance in India's socio-political landscape. This discussion delves into the intricacies of the UCC, examining its historical context, opposing arguments, controversies, and potential implications. While the UCC offers the prospect of a common set of laws for all citizens, which could advance gender equality and national unity, it also sparks debates about religious liberties, cultural diversity, and the rights of minority communities. The Major questions to be considered under this research with respect to the applicability and formulation of one nation on law can be; how would we address the argument that implementing a UCC might infringe upon the fundamental right to freedom of religion guaranteed under Article 25 of the Indian Constitution?; Have we considered the potential challenges posed by the diverse customs and beliefs that a UCC would seek to transform, and the resistance it might face as a result?; and what about those who argue that the implementation of a UCC could lead to arbitrary interpretations and applications of the law, potentially impacting different communities in unintended ways?. The broader concept of ‘One Nation One Law’ aims for uniformity in laws across the nation, ensuring that all citizens are governed by the same legal principles and statutes. It involves standardizing various laws that differ from state to state or community to community, not just limited to civil codes but extending to criminal laws, commercial laws, and other legal areas. Thus this paper shall aim to recognize the practical and social outlook towards the implementation and legality of UCC in contrast with the plural legislations in India.767 views -
Analysis of Life Insurance Contract
Student at National Law University, Nagpur, IndiaPages 3400 - 3410This research paper echoes the importance of understanding life insurance contracts by examining them through the lenses of contracts, wagering, contingent contracts, and indemnity. Life insurance contracts are unique agreements where the insurer promises to pay a sum of money upon the death of the insured or after a set period. Unlike wagering contracts, which are purely speculative and based on chance, life insurance contracts have a legal and financial purpose to provide security and financial stability to beneficiaries. They are also a form of contingent contracts, where the insurer’s obligation to pay depends on the occurrence of a specific event, such as the death of the insured. While indemnity is a key principle in many insurance contracts, life insurance operates differently since it provides a predetermined benefit rather than compensating for an actual loss incurred. This distinction sets life insurance apart from other types of insurance, such as health or property insurance, where indemnity plays a central role. By analyzing these aspects, this paper aims to highlight the unique characteristics of life insurance contracts, their legal implications, and their significance in the broader context of financial planning and security. The study will also explore the regulatory framework governing life insurance and discuss how these contracts balance the interests of policyholders and insurers.655 views -
Comprehensive Analysis of India’s Maritime Laws: Examining Insurance Impact and Geopolitical Dynamics
Student at Subhash Desai College of Law, Mumbai, IndiaPages 3411 - 3424India's maritime heritage dates back millennia, shaping its modern-day maritime industry and legal framework. This research paper provides an in-depth analysis of the evolution of maritime laws in India, from ancient customs to modern legislation. It explores the regulatory landscape governing India's maritime sector, examining the impact of maritime laws on the insurance and reinsurance industry. Additionally, the paper investigates the geopolitical dynamics within India's Exclusive Economic Zone (EEZ) and identifies loopholes in existing maritime laws. This comprehensive analysis sheds light on the intricate relationship between maritime laws, insurance, and geopolitical factors, providing valuable insights for policymakers, industry stakeholders, and researchers.917 views -
Legal Penalty of AI: An Analysis
Student at Law College Dehradun, Uttaranchal University, IndiaPages 3425 - 3441The emergence of smart contracts and the increasing integration of artificial intelligence (AI) have introduced new dimensions to traditional contract law. This research paper aims to explore the profound impact of smart contracts and AI on the foundations and principles of contract law. It examines the benefits, challenges, and legal implications that arise from the adoption of these technological advancements. By analysing relevant case law, scholarly literature, and regulatory frameworks, this paper provides insights into the potential transformation of contract law in the era of smart contracts and AI. This research paper aims to contribute to the ongoing discussion on the impact of smart contracts and AI on traditional contract law. By examining the benefits, challenges, and legal implications, it provides a comprehensive analysis that can inform policymakers, legal practitioners, and scholars in navigating the evolving landscape of contract law in the digital age545 views -
The Disbalanced “Womb Renting Business”: Dilemmas of Surrogacy in India
Student at Symbiosis Law School, Pune, IndiaPages 3442 - 3449“The Parents construct the child biologically, while the child constructs the parents socially” This is a quote that aptly describes surrogacy agreements where a third party agrees to carry the child of a non-bearing parent. India is often called the “surrogacy capital of the world”, but this capital has often been plagued with problems of exploitation, social stigma and ignorance. The Indian legislation has taken many steps from 2005 to legally recognise this issue but this road to progress still has many potholes to fill. In this essay the author tries to understand the concept of surrogacy, its background, analyse the legal framework, comprehend the dissenting arguments for surrogacy and conduct a comparative analysis on various factors of surrogacy with legislations of other countries.526 views -
The Dynamics of Live-in Relationships in India: Perspectives from CrPC, IPC, and The Protection of Women from Domestic Violence Act 2005 Standpoints
PhD Research Scholar at Department of Law, Galgotias University, Greater Noida, Uttar Pradesh, IndiaPages 3450 - 3459Live-in relationships have become increasingly prevalent in Indian society, challenging traditional notions of marriage and cohabitation. However, the legal landscape governing such relationships remains ambiguous, with various statutes and legal frameworks offering different perspectives. This research article explores the dynamics of live-in relationships in India through the lenses of the Criminal Procedure Code (CrPC), the Indian Penal Code (IPC), and The Protection of Women from Domestic Violence Act 2005. By examining case law, legislative provisions, and societal attitudes, this study aims to elucidate the legal and social complexities surrounding live-in relationships and their implications for individuals involved.747 views -
Cybersecurity and Human Rights: Protecting Individual in Connected World
Student at Presidency University, Rajankunte, IndiaPages 3460 - 3470With the invention of cyberspace, the world has become more interconnected, and the convergence of human rights and cybersecurity has emerged as a crucial subject of apprehension. Such exponential growth of digital technologies has presented us with unique prospects for social interaction, commerce, and communication. Irrespective of this fact, cybersecurity introduces new kinds of threats to the privacy, freedom of expression, and other fundamental rights of individuals. In this paper we would investigate the problems and possibilities associated with protecting human rights in the face of expanding cybersecurity risks. It is considered to be vital that cybersecurity measures continue to advance in order to safeguard organisations and individuals from malicious cyber activities. However, these types of measures frequently involve data collection and surveillance, which may violate fundamental human rights including privacy, freedom of expression, and access to information. And it is believed that achieving a harmonious coexistence between the security of cybersecurity measures and the protection of human rights is an intricate and urgent matter. The paper will examine the subsequent fundamental questions as follows: To what extent do modern cybersecurity practices affect the privacy and freedom of expression of individuals? What type of ethical considerations arise when surveillance technologies are employed to improve cybersecurity measures? What can be the ways in which human rights can be safeguarded effectively by international frameworks and regulations in this digital age? What are the respective functions of governments, technology corporations, and civil society organisations for ensuring cybersecurity and protecting the rights of individuals? This paper aims to enhance an understanding regarding ways by which one navigates through the intricacies of cybersecurity and human rights in a world that is progressively more interconnected through addressing these questions.615 views -
Principles of Contractual Certainty and Pacta De Contrahendo: Discussion of the case of Vodacom (Pty) Ltd v Makate and Another (Case no 401/2022) [2024] ZASCA 14 (06 FEBRUARY 2024)
Senior Lecturer at School of Law, University of Namibia, NamibiaPages 3471 - 3478One of the topics in contractual relationships that has generated discussion is contractual certainty. Some have questioned whether it should be a stand-alone criterion or if it should be included in the list of requirements for a legally binding contract. According to one argument, consensus should incorporate certainty because the two concepts are comparable. The argument for certainty as a stand-alone need, however, is more persuasive since it goes beyond the bounds of agreement. The parties to the agreement must be aware of every obligation that the agreement aims to establish. Clarity is therefore a necessary condition for a contract to be enforceable. An agreement between the contracting parties to negotiate the terms of the contract is called a pacta de contrahendo, also referred to as a contract to contract. Pacta de contrahendo can have two forms: an option and a right of preemption. Despite their similarities, the two kinds differ in how they are operated. With an option, the parties have already agreed upon the parameters of the main contract; in contrast, with a pre-emptive contract, the grantor grants the other party the prerogative to finish the main contract first, should the parties want to move forward with it. There is however, also a misunderstanding as to the certainty and enforcement of pacta de contrahendo. In light of the above, this paper seeks to analyse the case of Vodacom (Pty) Ltd v Makate and Another (Case no 401/2022) [2024] ZASCA 14 (06 FEBRUARY 2024.663 views -
Commentary on Employment Services Act 8 of 2011 (Namibia): Selected Provisions of the Act
Senior Lecturer at School of Law, University of Namibia, NamibiaPages 3479 - 3503Employment services, along with other active labour market policies, are essential in today's labour market to help businesses, improve employability and job retention, and link job searchers and employers. Both private employment agencies and public employment services assist people and businesses in developing resilience against labour market shocks as a result of various crises and technological breakthroughs that are reshaping the labour market. Employment services are essential to the smooth operation of inclusive, productive labour markets. They help people deal with job loss and career transitions, and they also help businesses find talent and retrain employees. Because they help businesses, improve employability and job retention, and connect job seekers and employers, employment services and other active labour market policies are crucial in today's labour market to support national economies. Because of advancements in technology and a number of crises, public employment services and commercial employment agencies help people and businesses prepare for and adjust to changes in the labour market. A functional, inclusive, and well-functioning labour market depends on employment services. In addition to helping businesses identify talent and retrain staff, they assist individuals in coping with job loss and career transitions. This paper thus seeks to provide a commentary on Employment Services Act 8 of 2011 (Namibia): Selected Provisions of the Act.650 views -
Towards Energy Security and Sustainability: Developing a Legal Regime for Marine Renewable Energy in Africa – The Case of Ghana
PhD. Candidate at South China Sea Institute, School of Law, Xiamen University, ChinaPages 3504 - 3520Energy security and sustainability has become a crucial part of the global order in the wake of the dangers posed by the threat of climate change and other debilitating activities that threaten the ecosystem. The current term “energy security and sustainability” has now in so many aspects come to mean clean or renewable energy. With the Gulf of Guinea’s potential as a source of marine renewable energy (MRE), this paper seeks to look at the development of a legal regime for States along the Gulf of Guinea by using Ghana as a case study through the appraisal of the Renewable Energy Act 2011 (Act 832). This appraisal will adopt a doctrinal approach. It is important to note that there is no exclusive law on marine renewable energy in Ghana or any other country along the Gulf of Guinea. The study further focuses on the importance of MRE in securing energy supply and sustainability and developing policy frameworks with the aim of meeting the Sustainable Development Goals; 7,11 and 13 and also ensuring safety of life at sea.576 views -
Justice in the Spotlight: The Tug of War between Media and the Judiciary
Student at KIIT School of Law, Bhubaneshwar, IndiaPages 3521 - 3535This research paper explores the profound impact of media, particularly social media, on the Indian judiciary and public perception of the criminal justice system. It underscores the media's role as the 'fourth pillar' of democracy, highlighting its power to shape public sentiment and influence judicial proceedings. The study examines the historical context of media trials, tracing their origins to the advent of the printing press and extending to modern social media platforms. Through various case studies, it reveals how media coverage can both inform and mislead the public, potentially undermining the fairness of trials and the rights of the accused. The paper delves into the dual nature of media influence, portraying it as both a watchdog that exposes corruption and a source of sensationalism that can prejudice judicial outcomes. It addresses the ethical responsibilities of the media, emphasizing the need for accurate and unbiased reporting to maintain public trust in the legal system. The research also considers the constitutional balance between freedom of speech and the right to a fair trial, suggesting that media regulation may be necessary to prevent undue influence on ongoing legal proceedings. In examining social media's role, the study highlights its ability to mobilize public opinion and its potential to spread misinformation. It stresses the importance of responsible journalism and the ethical implications of media trials. The research concludes that while media scrutiny is crucial for transparency and accountability, it must be conducted with a commitment to ethical standards to protect the integrity of the judicial process and uphold democratic values.953 views -
Compensation under Motor Vehicle and Laws: An Analytical Study in Indian Perspective
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 3536 - 3549This analytical study explores the entry carries of compensation mechanism under motor vehicle law in India, focusing on the legislative framework challenges and potential reforms of the Motor Vehicle Act, 1988 forms the bedrock of India’s compensation system for road accident victims including provisions for fault-based compensation as well as no fault liability. In reviewing claims the article looks at the role of the Motor Accident Claims Tribunal. MACT and highlights major problems such as procedural delays in adequate coverage, ignorance and corruption, in India, it should improve its framework by implementing best practises indicated by a comparative analysis of developed countries, compensation systems, the article recommends changes to enforce insurance compliance, standardised compensation payments, improve its infrastructure and streamline operations. These suggestions are meant to guarantee accident victims receive prompt, equitable, and sufficient compensation. Ultimately by helping to make India’s traffic safety laws more humane and effective”.1,223 views -
Global Integration of the Acquisition Market: Impact of Antitrust and Merger Laws on Institutional Conditions for Economic Globalization
LL.M. student at CSI College For Legal Studies, Kottayam, IndiaPages 3550 - 3555The fundamental tenet of institutional theory is that markets cannot function in the absence of social institutions including laws, networks, culture, and norms that regulate economic transactions. Intercountry spaces are hampered by the absence of institutional frameworks that regulate commercial transactions because these institutions are primarily formed and function within national borders. So, from an institutionalist standpoint, what may account for the recent three decades' worldwide integration of the M&A markets? I contend that the spread of antitrust law and merger control, two government regulations that directly manage transactions, is what allowed cross-border mergers and acquisitions to surge. Arguments for deregulation, which contend that market integrations can occur through the removal of existing rules rather than the enactment of new ones, stand in stark contrast to this one. In fact, adopter nations see an increase in the number of incoming cross-border mergers and acquisitions when antitrust laws and merger controls are adopted, according to my empirical studies. Antitrust laws encourage overseas acquisitions by sending a message to adopting nations that they adhere to international standards for market-oriented reforms. By providing clarity to otherwise ambiguous regulations for purchasing companies in adopting nations, merger control makes overseas acquisitions easier.500 views -
A Comparative Study of Global Laws & Trends in the Realm of Consumer Protection Worldwide
Student at IMS Unison University, IndiaPages 3556 - 3567In an increasingly interconnected world, consumer protection laws must navigate the complexities of a global marketplace. The ease with which consumers can purchase products from around the world has outpaced the development of laws designed for a more localized economy. This article, "A Comparative Study of Global Laws & Trends in the Realm of Consumer Protection Worldwide," delves into how different countries approach consumer protection, highlighting the areas where these laws converge and diverge. By analysing legislative frameworks from North America, Europe, Asia, Africa, and Latin America, we gain insights into the diverse strategies employed to safeguard consumer rights. The study also explores historical developments in consumer protection, illustrating how ancient practices have evolved into modern legal standards. International organizations like the United Nations Conference on Trade and Development (UNCTAD) and Consumers International play crucial roles in promoting best practices and fostering cooperation among nations. As the global marketplace evolves, it is essential to understand these varying legal landscapes to ensure fair treatment for consumers worldwide. This comparative analysis underscores the need for robust, harmonized legal frameworks that can adapt to new challenges, such as digital commerce and data privacy, ultimately aiming to create a fair and safe marketplace for all.957 views -
A Critical Study on International Trade of Medical Goods during Pandemic
Student at Amity University Chhattisgarh, IndiaPages 3568 - 3578The outbreak of the COVID-19 pandemic in 2019 exposed vulnerabilities in the global healthcare system, particularly regarding the international trade of medical goods worldwide. In 2020 International Trade fell suddenly but in 2021 get recovered sharply, however, the total trade flow of the world is above the pre-pandemic level. The COVID-19 pandemic altered trade patterns in a single year to an extent comparable to changes that would normally take four to five years. The variety of trade effects and shifts in trade flows among products, suppliers, and destinations point to high levels of uncertainty and adjustment costs. These factors also suggest that there are more incentives for businesses, governments, and consumers to implement new risk-reduction measures or to step up already-existing ones. The paper evaluates: 1. The impact of the pandemic on global trade flows concerning medical goods. 2. Analyses the role played by the World Trade Organizations in mitigating the challenges and ensuring the accessibility and affordability of medical supplies. 3. It also discusses lessons learned and proposes recommendations to enhance the resilience and effectiveness of international trade in medical goods in future health crises. This critical study aims to analyze the impact of the pandemic on International Trade, India’s trade at the global level, and potential avenues for improvement. Examining the interplay between supply chains, trade policies, and healthcare needs, the study explores the complexities faced by nations in ensuring access to essential medical supplies.543 views -
The Efficacy of Biodiversity Convention Measures in Achieving the Objectives of the Convention on Biological Diversity: A Case Study of India
Student at Saveetha School of Law, IndiaPages 3579 - 3599In navigating the complexities of biodiversity governance, India's journey underscores the imperative for innovative strategies and collaborative action to ensure equitable benefit-sharing and sustainable conservation under the CBD. This research paper critically examines India's progress in implementing Access and Benefit Sharing (ABS) measures mandated by the Convention on Biological Diversity (CBD), focusing on its effectiveness in achieving CBD objectives. The study aims to evaluate India's efforts to ensure equitable benefit-sharing from genetic resources, assess the integration of indigenous knowledge into biodiversity strategies, and analyze global frameworks supporting biodiversity conservation. Significant advancements, such as the establishment of the Traditional Knowledge Digital Library and enactment of the Biological Diversity Act of 2002, highlight India's proactive approach. Despite these initiatives, challenges persist in translating CBD commitments into concrete outcomes. Key challenges include procedural complexities within ABS mechanisms, gaps in documenting and protecting traditional knowledge, and the necessity for enhanced cross-sectoral integration and financial support. Looking ahead, the study emphasizes the urgency for accelerated action and strengthened collaborative efforts to address these challenges effectively. It advocates for innovative strategies to enhance stakeholder engagement, capacity building, and leveraging international frameworks to bolster biodiversity conservation efforts. By offering insights into India's experience with ABS implementation, this paper contributes to the broader discourse on biodiversity governance. It calls for policy improvements to ensure sustainable biodiversity management and equitable benefit-sharing, aiming to inform global efforts in achieving the CBD's conservation and sustainability objectives.726 views -
Analysis of Patent Applications under Indian Patent Law with a Focus on Ayurveda-Related Inventions
Research Scholar at Inter University Centre for Intellectual Property Rights, CUSAT, IndiaPages 3600 - 3606Ayurveda, an ancient system of medicine rooted in India's cultural heritage, has become increasingly relevant in modern times. The traditional knowledge of Ayurveda offers valuable insights and remedies that continue to be applicable today. However, with the rise in the commercialization of traditional knowledge, there is a growing interest in patenting Ayurveda-related inventions. This article explores the Indian patent law procedures, the implications of patenting Ayurveda-related inventions, and the legal landscape surrounding intellectual property (IP) litigation in India. The article begins by stating the general procedure for patent and also documents the relevance of traditional knowledge guidelines for patenting Ayurveda related invention. The article then draws patent applications related to ayurveda as a sample for analysing the patent procedure.814 views -
Alternative Dispute Resolution
Student at Babu Banarasi Das University, Lucknow, IndiaPages 3607 - 3612This Article provides in- depth knowledge about an Alternative Dispute Resolution (ADR) Mechanism in India . It covers various aspects of the ADR Mechanism, including procedure , landmark cases and relevant Acts (Code of Civil Procedure, 1908, Arbitration and Conciliation Act ,1996). Additionally, assessing the strength and weakness of the ADR system. It's a comprehensive exploration for a better understanding of Alternative Dispute mechanisms.650 views -
Female Foeticide: Examinine the Role of Prenatal Sex Determination Techniques
Student at Law College Dehradun, Uttaranchal University, Uttarakhand, IndiaPages 3613 - 3622The research paper ‘Female Foeticide: Examine the role of prenatal sex determination techniques’ begins by providing the concept of Female Foeticide with a specific focus on the role of prenatal sex determination techniques in facilitating the selective abortion of female foetus which means to critically examine the role of prenatal sex determination techniques in perpetuating female foeticide in India. This paper tries to focus on the reasons behind the female foeticide and the consequences of this on Indian society. Additionally, research delves into the challenges faced in enforcing laws and policies related to female foeticide and investigates the ethical implications of prenatal sex determination and its impact on women’s right and dignity. This paper also shed light on the skewed sex ratios and explores the role of education and advocacy in challenging gender norms.1,439 views -
An Examination of Older Persons’ Issues and Legal Rights under the Indian Constitution from a Critical Perspective
Assistant Professor at Department of Law, Vel Tech Rangarajan Dr. Sagunthala R&D Institute of Science and Technology, Tamil Nadu, IndiaPages 3623 - 3633It is valid that in India, we equate elderly people to God and hold them in high regard in our traditions, culture and scriptures. Unfortunately, India is one of the countries with limited legislation protecting the rights of older individuals. As per in our country data, over one-eighth of the worldwide elderly population resides in our nation alone. It has been noticed that most of them will never retire in the conventional meaning of the expression and are going to stay employed as long as physically can for a variety of reasons. With increased life expectancy across the country, there has also been a considerable increase in the number of elderly in our country. It is clear that India has a long history of treating the elderly with dignity in all aspects of life. However, the elderly's place and prestige in contemporary society are under threat owing to a number of issues, including the dissolution of the joint family system. Article 41 of the Indian Constitution mandates the well-being of older persons. The Constitution guarantees equality as a basic right. Social security is a joint responsibility of the federal and provincial governments. As a result, the current article addresses a variety of issues confronting senior citizens in India, including medical, psychological, emotional, and social concerns. It also examines and implements numerous policies and activities for senior citizens.823 views -
Powers Transferred to Regional and Local Authorities (RLAS) in Cameroon for the Promotion of Development
Professor of Laws, Vice-Dean in charge of Research and Cooperation, Faculty of Laws and Political Science, University of Buea, CameroonPages 3634 - 3650Decentralisation is a development strategy involving transferring powers and services from the central government to local governments. It involves political, administrative, and fiscal reforms to increase local administrations’ decision-making capacity and development efficiency by redistributing powers and resources between organisational levels. The various decentralised institutions in Cameroon are the municipal councils, city councils, and regional councils. Regional and Local Authorities (RLAs) have the competence to carry out their activities with due respect for national unity and solidarity, territorial integrity, and the primacy of the State. In carrying out their actions, they enjoy equal Status. This means that no local authority may establish or exercise control over another. To achieve local development, it is highly recommended, therefore, that there should be a functional and genuine political commitment on the part of the central government to implement all the facets of the decentralization policy, manifested and made practical with the establishment of a timetable for devolution, allocation of a fixed quota of the state budget to Local Authorities and the financing of the decentralization process coupled with the curbing of the excessive oversight role of appointed administrative officials who impinge on the autonomy of elected Regional and Local authorities.1,037 views -
Dowry Death and Dowry System in India: Critically Analysis
LL.M. student at Faculty of Law, SRM University, Delhi-NCR, Sonepat, IndiaPages 3651 - 3736Dowry, a deep-rooted social issue in India, continues to plague society despite legislative efforts to curb it. This abstract explores the legislative measures aimed at prohibiting dowry in India, tracing the evolution of laws from antiquity to modern times. Beginning with an examination of ancient texts and religious scriptures, the abstract delves into the historical context of dowry and its transformation into a social menace. The study then shifts focus to the legislative response, starting with the Dowry Prohibition Act of 1961, a landmark legislation that criminalized the practice of dowry giving and receiving. Subsequent amendments to the Act are analyzed, including the incorporation of stringent provisions to strengthen enforcement and deterrence. The abstract also scrutinizes related laws such as the Indian Penal Code, which penalizes dowry-related offenses, and the Protection of Women from Domestic Violence Act, which offers additional safeguards to dowry harassment victims. Moreover, the abstract examines landmark judicial decisions that have shaped the interpretation and implementation of dowry laws in India. Furthermore, it critically evaluates the effectiveness of legislative measures in addressing the dowry menace, considering socio-cultural factors, enforcement challenges, and the persistence of dowry-related violence and exploitation. Drawing on empirical data and scholarly analysis, the abstract identifies gaps and shortcomings in existing laws and proposes recommendations for legislative reforms. These include enhanced enforcement mechanisms, public awareness campaigns, and socio-economic initiatives to address the root causes of dowry demand. Overall, this abstract provides a comprehensive overview of legislative measures on dowry prohibition in India, shedding light on the complexities and challenges of combating this entrenched social evil in contemporary Indian society.1,601 views -
Legal Protection of Consumers Under E–Commerce Laws: An Analytical Study
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 3737 - 3748The emergence of the consumer protection movement is a recent societal occurrence in the era of digital technology. The consumer protection agency must ensure that the fundamental demands of the large consumer population in the country are met in accordance with legal regulations. The implementation of legal measures to safeguard consumers is enhancing the societal standing and quality of life for consumers. E-commerce has revolutionized the global network infrastructure for online business and trade. Currently, e-consumers have access to various options, convenient shipping services, online payment methods, and e-banking services. Consumer Protection, rooted in the concept of e-consumer is an endeavor undertaken by consumers themselves to safeguard their rights in the online marketplace. E-consumers refer to individuals who engage in the online purchase, consumption, or sale of products and services. The term supplanted the conventional notion of 'caveat emptor'. Exercise caution as a purchaser. The term consumerism has its origins in ancient history, but the concept of e consumerism is a more modern development. The emergence of e-commerce has given rise to the concept of e-consumerism. E-commerce and e-consumerism are interconnected in order to achieve a balance between the profitability of e-commerce and the satisfaction of e-consumers. The consumer, who is considered the dominant force in the market, requires legal protection to safeguard their freedoms and interests. The passing of the Consumer Protection Act, 2019 has been a significant achievement in the consumer movement in the country. It aims to enhance the protection of consumer interests. This legislation is quite progressive and broad, as it covers all commodities and services. Owing to the proliferation of the internet, e-commerce transactions have experienced significant growth, particularly in the wake of the COVID-19 epidemic.876 views -
Unveiling the Legal Dimensions of International Counterterrorism Efforts
Student at CHRIST (Deemed to be University), Pune, IndiaPages 3749 - 3763The legal dimensions of international counter terrorism efforts plays a crucial role in striking a balance between security and protecting individual rights. This paper will look into the various legal aspects involved, including international law, extradition laws, intelligence in sharing agreements , and the use of force within the international legal frameworks. It also examines the importance of human rights in ensuring that counter terrorism measures are carried out in a manner that respects individual liberties. Through analyzing and addressing these legal dimensions, effective and lawful counter terrorism strategies developed and implemented on the global scale.573 views -
Letter of Credit: A Legal Perspective
Assistant Professor (Sr. Scale) at NLIU Bhopal, IndiaPages 3764 - 3779The purpose of documentary credit is to provide a mechanism to facilitate the settlement of an international or domestic trade transaction by using a bank’s undertaking. Letters of Credit (LoC) have been in prevalence since the twelfth century as a financial instrument used to promise payment against the delivery of goods. Letters of credit expedite mercantile transactions by providing an independent assurance of payment to parties and therefore are equipped with the feature of reliability and certainty of payment. There exist several types of letters of credit with their differential features, regulating legal framework, use, and obligations of parties involved therein. The UCP 600 regulates international Letter of Credit transactions and controls rights and obligations of parties subject to well established Principle of Autonomy and Doctrine of Strict Compliance. Simultaneously, the Fraud exception also restricts dishonest beneficiaries from obtaining payment without actually performing their duties towards the issuing bank and buyer (applicant). This research paper examines in detail the concept of letter of credit and its regulatory mechanism in relation to mercantile transactions from a global perspective. The author has also endeavoured to explore legal intricacies involved in such transactions while tracing the judicial approach as to how the Courts have applied the existing legal regulations and interpreted the relevant principles while striking a balance between smooth trade activities and the interest of relevant parties.1,570 views -
The Legal Implications of Artificial Intelligence in Criminal Justice
Student at Symbiosis Law School, Noida, IndiaPages 3780 - 3793The rapid expansion of artificial intelligence (AI) in the criminal justice system makes AI use an urgent issue and a careful study of the related law. This paper unpacks some of how AI affects this area of law, looking at predictive policing, sentencing, criminal investigations, and transparency and accountability. To this end, this analysis employs a qualitative research design grounded in a review of statutory and case law, policy documents, and open-ended cases. The analysis then shifts to an exploration of AI in predictive policing, focusing on the vulnerability of AI algorithms to bias and discrimination and the potential impact of this on due process rights. It considers the part AI can play in sentencing and parole decisions - looking at the interplay between judicial discretion and automated decision-making and the human rights considerations involved. The paper examines, in the context of criminal investigations, the admissibility of AI-generated evidence and the privacy consequences of AI-powered surveillance technologies. The key findings show that while AI may improve efficiency and decision-making in criminal justice, it is combined with significant risks to fairness, privacy, and human rights. Judicial responses to these challenges differ widely, and essential case law underlines the importance of strong legal standards and regulatory frameworks. The paper concludes with suggestions for formulating a new technique to reconcile the updating of the law with preserving the legacy of law principles. These mechanisms include setting out guidelines for the use, improving data access transparency, and ensuring accountability through regulatory oversight. The research thus offers much-needed insight into how to more equitably and legally incorporate AI within the criminal justice system. This study provides lessons for lawyers, policymakers, and academics and underscores the urgent importance of conscious and moral AI adoption in the criminal justice system.1,032 views -
Freedom of Press in Democratic Society with reference to India
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 3794 - 3805Freedom of press is essential for a healthy democracy. It fosters voices and props up debates, educates the public and thinks governments accountable. The freedom of speech and expression is enjoyed to the fullest in the largest democracy, the country of India, they allow this in accordance to the provisions of the Indian constitution the Article being the 19(1). However, holding the opinion that press freedom in India exists and is protected by the constitution, I am forced to admit that the reality is somewhat different. Only those points of interest pertinent to the evaluation of a free press in the democratic nation are discussed herewith in the abstract. The remaining analysis studies the legal frameworks in India that protect the press freedom. Finally, it acknowledges the challenges that media undergo including decline in rankings of press freedom and outside pressure from government. This battling on how to balance between national security issues and the right to know is well illustrated by the case of India. This article also provides legal aspect of press freedom in India. Examining legal framework, constitutional provisions and other. This article also gives an overview of contemporary position of press freedom in democratic society.655 views -
Balancing IPR and Sustainable Development: A Delicate Equation
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 3806 - 3818The intersection of intellectual property (IP) rights and sustainable development goals (SDGs) forms a dynamic landscape with far-reaching implications for global progress. This article explores the symbiotic relationship between IP rights and SDGs, shedding light on how effective IP management can facilitate the realization of sustainable development objectives. Through a comprehensive review of literature and real-world examples, this piece underscores the significance of striking a balance between IP protection and the accessibility of essential technologies, medicines, and innovations. The article delves into the role of IP rights in fostering innovation, incentivizing creativity, and stimulating economic growth while emphasizing the need for safeguards to prevent monopolistic practices that might hinder equitable access. Additionally, it examines the role of IP in promoting green technologies, clean energy solutions, and biodiversity conservation, all of which are pivotal to various SDGs. By analysing case studies from diverse sectors, the article highlights instances where IP rights have acted as enablers, as well as situations in which rigid IP regimes have posed challenges to achieving sustainable development. Through this exploration, a nuanced understanding of the intricate relationship between IP rights and SDGs emerges, offering insights into policy measures that can optimize the positive impact of IP on sustainable development. In conclusion, this article underscores the multifaceted role of IP rights in advancing sustainable development goals. It advocates for a balanced approach that ensures both protection and accessibility, recognizing that a well-crafted IP framework can be a powerful catalyst for global progress while safeguarding the principles of inclusivity and fairness.674 views -
Rights of Refugees under Indian Legal System and its Compatibility with International Law: A Comparative Study
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 3819 - 3823Refugees are individuals residing outside their home countries who require protection from foreign nations due to a grave danger to their life, physical well-being, or liberty within their home country, stemming from persecution, warfare, violence, or significant public unrest. This document outlines the functioning of the Indian legal framework in assisting refugees, along with the international legal standards and organizations that offer support to them. It further explores the alignment between the Indian and international legal systems for refugees, as well as global developments concerning refugees.780 views -
A Legal Analysis of the Arms Act 1959 in the Light of Criminal Law: Issues and Challenges
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 3824 - 3831Human have always prioritized their safety from various harms present in society, like animals, natural calamities, accidents, and even fellow human beings. Safety from each of the above requires a different approach, hence, for safety from an individual one needs to have a weapon to defend himself. Society needs to have control over who can and who cannot use weapons and arms, for this government has laid down certain provisions and laws related to arms and ammunition, referred to as the “arms act”. These arms acts in India have existed since the state existed. In historical books like “Arthashastra” by Kautilya, there are provisions given about how, when, and who can use arms like swords, spears, etc. that were used in that period. In India, the main law related to arms provisions was introduced by the Britishers to restrain Indians from using and possessing arms. This arms control act was passed by Britishers mainly in the year 1878, but it was quite biased, the restrictions were put only on Indians and not Europeans who resided in India. The principal gun control act is that of 1959, which restricts people without a license to own, manufacture, sell, use, or trade any arms and ammunition. The government has to apply some laws and regulations in order to provide order in the country. These are defense and security agencies which help defend the state against all external and internal threats. These organisations have the force of arms as well as the mandate of maintaining the state security and peace at all ages when necessary through prop ia and at some times through prop over some proportion, in accordance with the circumstances of the case. While Mangaldas & Associates was deeded in rights whereby it could use firearms and ammunition, it has been stipulated that only the armed forces and the law enforcement departments of India should possess arms and ammunition. However, offenders of the law can only buy firearms after passing through strict legal procedures put in place for residents of the United States of America. The legislation in the nation pertaining to firearms and gun control laws is primarily governed by the Arms Act, 1959. It also outlaws the importation, exportation, transportation, production, sale, and possession of weapons and ammunition if they are not licensed. Apprehensive of the Indian’s ability to stage a rebellion, the British introduced gun control measures in India for it deemed that Indians should not have access to weapons to stage another uprising or mutiny. In conclusion, the provisions laid down under the Arms Act of India are looked into a detailed manner in the course of this research work.2,492 views -
Battered but Not Broken: Legal Recognition of BWS in India
Student at National Law School of India University, Bangalore, IndiaPages 3832 - 3840Battered Women Syndrome (BWS) is an outcome of Intimate partner violence (physical and psychological) exhibited by a woman, a sufferer of abuse on a repeated basis. Lenore E. Walker coined the term BWS as a legal defense in the 1970s to explain the complex psychological and behavioral patterns of women who endure sustained domestic abuse, including verbal attacks, threats, and physical and sexual violence. In India, Nallanthangel Syndrome was found in the landmark case Suyambukkani v. State of Tamil Nadu. The paper seeks to analyze the evolution of BWS as a legal defense globally and in the Indian context. In certain sections of the IPC (Indian Penal Code), some sections are argued as a valid defense for BWS, like S.300 and S.100, which talk about sudden provocation and acts of self-defense. It would contextualize BWS as a theoretical concept, giving a global and Indian overview of landmark cases and how the decisions evolve. As psychological evidence in India, BWS has yet to develop much and is nascent. Still, landmark cases like Manju Lakra v. State of Assam have started accepting it as a valid defense. The larger object of the paper would be to provide a gender-just analysis of criminal laws about BWS and how there is a need for subjectivity in physical and mental hardships faced by women instead of Male perspective, which will help in better understanding and bringing different perspectives on criminal laws.983 views -
A Critical Study and Analysis of Sexual Harassment of Women in Work Place with reference to Politics
Student at Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences (SIMATS), IndiaPages 3841 - 3861This paper talks about the inappropriate behavior issue against women and the laws that Indian Government passed like Sexual Harassment Against Women in Workplace (Prevention, Prohibition and Redressal) Act, 2013. Scarcely an individual vibe that the Sexual Harassment of Women in politics (Prevention, Prohibition and Redressal) Act,2013 is been so imperative and ground-breaking to the working women and the workplace particularly in politics , finding a way or answer for rebuffing such sort of offenses. The aim of this research paper is to analyze the reason behind inappropriate behaviour against women in workplace. To separate the ampleness of Sexual Harassment of Women at politics (Prevention, Prohibition and Redressal) Act,2013 in controlling the sexual harassment and assaults against women in workplace in India. This exhibition began from the Vishaka rules. This Research is finished by doctrinal type,and uses auxiliary sources that are fundamental and essential for information analysis.The optional sources are gathered from on the Internet, articles, other research diaries, books and uncovered facts in light of the subject. The Research used rates for huge examination of the outcomes.At the moment that Women work they are seen as the change administrators for the overall population as the women are given more importance. The most outrageous inappropriate behavior issue occurs in politics . This development is seen in rural and concrete areas and transcends borders. It's been shown that these attacks represent a violation of ladies' civil and political rights and a threat to the physical and psychological state of women leaders in india. Moreover, there's no social control of guilty parties, reparation, or ethical or material compensation for the ladies WHO are affected. In India, gender-based harassment and violence may be a basic barrier to women's political participation. However, this development continues to be not self-addressed by government programs and isn't a part of the general public discourse and dialogue. In spite of the measures taken to market women's political participation, many utterly wholly totally different administrations are unable to substantiate girls the ability to occupy positions of responsibility whereas not being vulnerable or harried. The results of our analysis LED to a bill addressing this downside. afterward, Ecuador took this bill as associate example and replicated it during a legislative initiative. These results show the importance of analysis by organizations that represent girls in preventing unjust things and health issues.568 views -
Ensuring Fair Play: Analysing Anti-Doping Regulation and Athlete Rights in Sports Law
Student at Law College Dehradun, Uttaranchal University Dehradun, Uttarakhand, IndiaPages 3862 - 3872The paper explores the complex interplay between anti-doping regulations and the protection of athletes' rights in sports. It delves into the historical evolution of anti-doping measures, highlighting significant milestones like the formation of the World Anti-Doping Agency (WADA) and the implementation of the World Anti-Doping Code (WADC). The paper critiques the principle of strict liability and the Therapeutic Use Exemption (TUE) process, scrutinizing their implications on athletes' privacy, due process, and fair treatment. It underscores the necessity of balancing stringent anti-doping efforts with respect for athletes' fundamental rights, advocating for enhanced transparency, consistency, and education to foster a just and equitable sports environment.955 views -
Challenges and Opportunities for Micro, Small and Medium Enterprises (MSMES)
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 3873 - 3887This article examines the opportunities and challenges that micro, small, and medium-sized enterprises (MSMEs) in India confront. These companies reduce poverty, produce income, and create employment, but they also face a variety of challenges that keep them from growing. The aims of this study are to identify and assess these barriers, look at potential avenues for development, and provide a roadmap for MSME success. MSMEs can effectively address significant challenges like limited access to finance, marketing, technology adoption, skilled labour shortage, and inadequate infrastructure by putting strategies like working together to share infrastructure, embracing technology, developing a sustainable brand identity, attracting and retaining skilled employees, and streamlining regulatory compliance into practice. Despite government efforts through initiatives like the Udyam Registration Portal, favourable legislation, financial help, tax benefits, and subsidies, access to money remains a major barrier. A strong credit history and the use of government incentives and programs are two strategies that assist MSMEs in obtaining financing. In conclusion, MSMEs may thrive in the market by overcoming challenges and seizing opportunities with government support.718 views -
Comparative Analysis of Enforcement of Human Rights on the Basis of World Report 2024: India, China and United Kingdom
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 3888 - 3896With this very vision in mind this paper has been designed to critically examine, analyze and lay down a comparative study by taking the World Report 2024 of the United Nations (UN) as the basis for comparison. The World Reports by the UN are considered as one of the most authentic and reliable sources of data when a research analysis is the target of the paper. Nelson Mandela is considered as one of the biggest advocates or guardians of the human rights worldwide thereby his very vision brought about the idea of writing this paper and drawing out the comparison. The importance of this comparison can be understood rhetorically and for understanding the actual stance of our nation as to where India stands in terms of human rights. China is considered as one of the most technologically advanced and developed nations yet in the sphere of human rights they lag behind the most. The World Report 2024 very extensively highlights the lacunas left behind by the Chinese government and the hardships faced by their citizens. The report further lays down the basis for the comparison for this paper. Another nation that has been taken into consideration for comparison is the United Kingdom. The UK is regarded as one of the founding blocks in the array of human rights as they were the original drafters of the European Convention on Human Rights and one of the quickest nations to ratify the same. The paper further throws light on the neglected aspects by analyzing the World Report 2024 and comparing it with the status quo of human rights of India. The paper also deals with the fact to analyze as to how India is lagging on the human rights interface and how we can further progress in this race by adopting the better qualities of the developed nations and enforcing the same in our nation.658 views -
Legal and Ethical Issue Relating to Transplantation of Human Organ and a Brief Comparative Study
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 3897 - 3902The transplantation of human organs is a critical medical procedure that saves countless lives each year. However, it also raises significant legal and ethical issues that must be carefully navigated. This dissertation examines the complex landscape of legal and ethical concerns surrounding organ transplantation, including consent, allocation, and commercialization. It explores the regulatory frameworks governing organ donation and transplantation in different jurisdictions, highlighting variations and commonalities. Ethical dilemmas such as the balance between donor autonomy and recipient need, the ethics of living versus deceased donation, and the impact of socio-economic factors on access to transplantation are analyzed. Through a comparative study of international practices, this dissertation aims to provide a comprehensive understanding of the challenges and propose recommendations for addressing these issues in a manner that upholds both legal standards and ethical principles.560 views -
The Covid-19 Crisis: A Legal Analysis
Ph.D. Research Scholar at Department of Law and Governance, Central University of South Bihar, Gaya, IndiaPages 3903 - 3913Human rights play an essential role in determining how the pandemic response is shaped, both for the public health emergency and for the wider effects on people's life and means of subsistence in the wake of COVID-19. In order to bring about peace, progress, and prosperity in India's diverse society, the paper will defend the rights and obligations of the populace and the government. The study aims to identify the most susceptible members of our society to this deadly pandemic and the failure of government's response to provide social, economic, political justice. The presentation will also address the current state of affairs in order to emerge from this crisis with right to life and personal liberty.410 views -
Role of Judiciary in Expanding Horizon of the Free Will in Marriages
Assistant Professor at The Law School, University of Jammu, IndiaPages 3914 - 3919For the expression of the right to free choice in family and marital relations, the right to choose one’s partner has been explored in all the aspects possible in this research article. The history of marriages in India has been a matter of traditions and religion from a historical perspective and has been evolving ever since Vedic times. From the practice of arranged marriages set by the families and society of the persons marrying each other, to choosing one’s partner freely has been a chronology of suffering, awareness, fighting and freeing oneself from the shackles of societal setup and conservative status quoists. When the attempts of the Indian legislature failed to provide protection to the couples marrying in inter-caste or inter-religion, the judiciary came to the rescue. With a plethora of judicial precedents, the right to choose one’s partner has been widely interpreted in the Courts across the country.560 views -
Combating Narco-Terrorism: An Analytical Study of India’s Legal Framework
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 3920 - 3935In India, this entails a comprehensive approach involving legal measures and operational capabilities to combat narco-terrorism at the cellular level. The existing legal framework under the NDPS Act and UAPA provides a strong legal base but requires periodic reforms to fill legal loopholes. To achieve this, institutional capacities need to be strengthened with greater resources, training and through the establishment of specialized units, and there is a need for enhanced inter-agency coordination. India also needs to build bridges with other countries to foster case-based international cooperation. Socio-economic interventions would go a long way in addressing economic grievances, creating more employment opportunities and contributing to the welfare of the society. Furthermore, technological advancements can help in overcoming the difficulties associated with intelligence gathering and operations. Despite the successful outcome of various investigations and operations, the threat of narco-terrorism remains rife. The country continues to witness the drug trade, which is responsible for causing immense harm across the nation. Legal loopholes, procedural lapses, resource deficiencies and corruption have remained potent challenges. Thus, an institutional approach incorporating legal reforms, institutional enhancement, inter-agency coordination, international cooperation and socio-economic intervention along with technology would assist in countering narco-terror activities and help attain national security and public order.1,035 views -
Gender Bias in the Indian Judicial System: Challenges Faced by Female Prosecutors
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 3936 - 3958The article delves into the pressing topic of gender discrimination within the Indian judiciary, and sheds light on the nature of discrimination that female prosecutors face. The provided information not only explores the historical biases but also analyses the structural and institutional barriers as well as the legal frameworks that impede gender equality. Constitutional safeguards such as Articles 14 and 15 protect women’s rights while legislations like the Indian Contract Act and Indian Penal Code are in place to ensure the same. However, given the implementation of these laws, women are still treated as inferior, lower class due to the growing gender disparity. The provision of special aids and training programmes are suggested by the author to bring about a much-needed reform in sensitizing the judiciary. The enforcement of the existing laws will result in a philosophically more equitable judicial system free of gender biases.693 views -
Delegated Legislation: An Overview of its Types, Need, Criticism and Constitutional Validity in India
Student at Faculty of Law, Delhi University, IndiaPages 3959 - 3970In general, Delegated Legislation refers to a type of legislation that is made by the Executive branch in compliance with the powers provided to it by the Primary Authority to carry out, oversee, and execute out the needs of the Primary Branch. It can be characterized as laws enacted by any entity operating under parliamentary power. It is also referred to as subordinate legislation. The Supreme Court of India created legal standards based on a number of rulings that are still used as a benchmark for determining whether a delegation is inherently constitutional or not. The Supreme Court's rulings have the following implications: • The court decided in Indian Oil Corporation V. Municipal Corporation, Jalandhar, that any delegated legislation had to be consistent with the parent act. Therefore, it shouldn't contravene any such legislative policies. In other words, the court made a suggestion that no delegate is supposed to have more legislative power than any other delegate. • The creation of policies to oversee specific acts is one of the fundamental legislative responsibilities that cannot be delegated by the legislature. An alternate interpretation of the same line would imply that it is impossible to delegate non-essential tasks, regardless of their importance. • The courts have determined to recognize any dissenting declaration as a proper policy for the Act in question, which will be necessary for assessing the grounds of legality, following extensive consideration, discussion, and deliberation. • The Supreme Court made it quite evident that judging an authority's competence shouldn't be based on why it passed legislation through delegation. Instead, the court would take into account the importance and relevance of the background and context in which the authority to make rules was used.1,820 views -
The Onus of the Maimed Nature: Known by Each, Owed by None
Student at Dharmashastra National Law University, Jabalpur, IndiaPages 3971 - 3978The article highlights the complexities of defining and implementing environmental liability, focusing on international law and key cases like the Trail Smelter and Chorzow Factory. It discusses state liability, civil liability, and efforts to establish compensation regimes, particularly in hazardous activities like nuclear installations, etc. Despite international treaties like the Paris Agreement, challenges persist due to discrepancies in emissions levels and political influences, affecting effective implementation. The article underscores the need for collaborative efforts and effective participation to address environmental damage and ensure accountability.536 views -
Striking Differences: How U.S. and India Navigate the Legal Terrain of Industrial Strikes
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 3979 - 3997This article traverses this history comparatively by focusing on the legal frameworks for strike laws in the US and the history and development of labor protections in India. The two authors will briefly trace their history and theorization before setting them in a broad jurisprudential context by placing them within historically foundational legislation relating to the right to strike, and outline some of the issues that have plagued their enforcement processes. In the US, the legislation that provides for the major governing of the law regarding labor strikes is called National Labor Relations Act (NLRA). The NLRA has recognized rights for labor, but it has highly constrained the exercise of labor rights. Similarly, labor’s right to strike in India accrues in the Indian law embodied in the Industrial Disputes Act 1947 on the assumption that saying that workers’ have right to strike also presupposes the possibility that if the labor’s power is left unchecked, it is quite easy for labor actions to be at cross-purposes with bigger social good, and hence to make the issuance of a pre-emptive notice to give advance notice of a strike, and procedures to be complied with mandatory. The law-enforcing processes in these two systems have had their own set of problems; issues with processes of employer recalcitrance, politicization of strikes, and effective dispute resolution mechanisms among the more prominent ones. With the shift in the national economies due to more intense processes of economic globalization on the one hand and a greater emphasis on internationalization (following the example of a growing tendency post-World War II that began moving disputes out of courts towards adopting alternative dispute resolution or arbitration, a newer normative framework on science and social policy put forth by the International Labor Organisation)item with the ILO’s frame of reference, these matrixes will be assessed for their relevance for changing employment policies and contemporary law-making. The history of law in both the US and India demonstrates that the labor law is an effort at continuous redrafting of the Chartists’ maxim to balance labor rights with larger economic and social good.648 views -
Permeation of Alternative Dispute Resolution in the Administration of Criminal Justice: A Study in the Indian Perspective
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 3998 - 4007This paper delves into the dynamic evolution of the systems and mechanisms of Alternative Dispute Resolution in the Indian legal framework; particularly from the genesis of the Vedic Law and through the numerous phases of Indian socio-cultural development, all the way to the modern legal system based on positive law enacted by legislation. Further, this paper examines the problems posed by the lack of out-of-court redressal of criminal matters along with the overwhelming weight it puts on the already overburdened Indian Courts. Furthermore, it present a bifurcated view of the present manners in which Alternative Dispute Resolution is already inculcated into the Indian legal framework, by means of a comprehensive breakdown of the aforesaid processes and through juxtaposing them with the global practices so as to understand what we gain to add through such comparison. Moreover, this paper shall be appreciative of the heterogeneity of the various examples of Alternative Dispute Resolution being introduced and administered in criminal matter across the world and shall suggest a framework for achieving such goals on a national scale in the most efficient way possible. Words which may be found in repetition within this work due to its very nature, include, but are not limited to- Alternative Dispute Resolution, Administration, Criminal Justice, Justice, Courts, Parties, Litigation, Settlement, Mediation, Conciliation, Arbitration, Negotiation, Lok Adalats, Code of Criminal Procedure, 1973, Legal Services Authorities Act, 1987, Mediation Act, 2023, Arbitration and Conciliation Act, 1996, UNCITRAL Arbitration Rules, UNCITRAL Model Law, Ancient, Medieval, Modern, Law. Being a relatively unexplored domain of the law, this paper relies heavily on the interpretation of existing statutes, published articles and papers, judgments and historical and canonical scriptures. In a position such as this, the doctrinal study of the foregoing shall result in a better understanding of the nuances of this topic and thus it shall follow the said research methodology. On the very same note, suggestions to the end of better implementation of Alternative Dispute Resolution processes in criminal matter shall be arrived at consequent to thoughtful consideration and on merit of them being proved feasible through this paper by means of comparative analysis.479 views -
Police Autonomy in their Functioning: A Socio-Legal Study with special reference to Kamrup(M) District of Assam
Assistant Professor at Department of Law, NEHU, Shillong, IndiaPages 4008 - 4020Autonomy in policing is pivotal in upholding the rule of law and ensuring effective law enforcement. A police force that operates with a degree of independence can carry out its duties impartially, free from external influence or political pressures, thereby safeguarding citizens' rights and maintaining public safety. Autonomy empowers the police to make professional decisions, enhance accountability, and maintain transparency in their operations, ultimately fostering public trust and engagement. This trust is essential for community cooperation and support, which, in turn, leads to a safer, more just, and orderly society, where the principles of justice and the rule of law are upheld. In the context of the Prakash Singh case, the importance of autonomy in policing is exemplified as a means to address longstanding challenges in the Indian policing system. The case underscored the critical need for police forces to function independently, free from political interference, and with the authority to make professional decisions. This autonomy is essential not only to ensure a fair and impartial application of the law but also to maintain public trust and engagement, ultimately contributing to a more effective and accountable law enforcement system in India. This research paper delves into the functioning of the police in Kamrup District, Assam, with a particular focus on their autonomy.760 views -
Critical Analysis of Consumer Protection Act, 2019
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 4021 - 4035The term "consumer" refers to an individual who purchases or rents goods or services for personal use rather than for resale or production. The Consumer Protection Act of 2019 was enacted to safeguard the interests of consumers rather than sellers. This act is the latest amendment to the original Consumer Protection Act of 1986. There have been four amendments to this legislation: the first in 1986, the second in 2002, the third in 2008, and the fourth in 2019. The 2019 amendment expanded the definition of "consumer" and addressed consumer rights within the e-commerce sector. Additionally, it introduced the option for e-filing of cases. This paper delves deeply into the concept of a consumer, the rights of consumers, and the provisions of the Consumer Protection Act of 2019. It also examines the shortcomings of previous acts and how they were rectified by the most recent amendment. Furthermore, the paper provides a critical analysis of consumer protection by referencing various old and new cases.830 views -
The Intersection of Technology and Jurisprudence: Examining the Role of Artificial Intelligence in Legal Decision Making
Student at Alliance University, IndiaPages 4036 - 4054This paper explores the multifaceted influence of Artificial Intelligence (AI) on legal decision making, delving into its ethical, jurisprudential, and societal ramifications. With the rapid advancement of AI technologies, their integration into legal systems has become increasingly prevalent, raising critical questions regarding their impact on justice, fairness, and human autonomy. Through an interdisciplinary lens, this study scrutinizes the complexities surrounding AI's role in legal contexts, shedding light on both its promises and perils. The ethical dimensions of AI in legal decision-making form a central focus of this inquiry. By examining principles such as transparency, accountability, and bias mitigation, this paper elucidates the ethical imperatives inherent in deploying AI systems within judicial frameworks. Moreover, it investigates the ethical dilemmas arising from AI's capacity to autonomously render legal judgments, challenging traditional conceptions of moral agency and responsibility. In parallel, this research elucidates the jurisprudential implications of AI's involvement in legal decision-making. By analyzing its impact on legal reasoning, precedent, and the nature of judicial interpretation, this study assesses how AI augments, complicates, or disrupts established jurisprudential paradigms. Furthermore, it evaluates the potential transformation of legal standards and doctrines in response to the integration of AI technologies, probing the evolving dynamics of legal jurisprudence. Beyond the confines of legal theory, this paper investigates the broader societal consequences of AI-driven legal decision-making. It explores issues pertaining to access to justice, equity, and the democratization of legal processes in an era characterized by technological innovation. Additionally, it examines the societal implications of algorithmic decision-making in perpetuating or mitigating existing disparities within legal systems. Through a comprehensive analysis of these interrelated dimensions, this study offers insights into the intricate interplay between AI and legal decision-making, illuminating the ethical, jurisprudential, and societal challenges and opportunities inherent in this transformative phenomenon.1,216 views -
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Role of United Nations Organisation in Preventing War: An Analytical Study Under the Backdrop of Geo-political Interest of the Countries with Veto Power
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 4068 - 4071The geopolitical interests of nations holding proscription power in the Security Council are the main content of this exploration study, which explores the United Nations Organisation's part in preventing conflict. Through a variety of case studies, the paper highlights both triumphs and failures in furnishing a logical picture of the United Nations Organisation's functioning, structure, and war forestallment styles. The study also explores the use of proscription power historically and its goods, assessing the United Nations Organisation's successes and failings in conserving world peace and security. Incipiently, it suggests changes to ameliorate the UN's capacity to forestall conflict.690 views -
The Role of Pardon in Indian Jurisprudence: Executive Discretion and Legal Framework
Student at Law College Dehradun Uttranchal University, IndiaPages 4072 - 4079The IPC and CRPC are legal frameworks that grant the President and state governors the power to grant pardons, reprieves, respites, penalty remissions, and sentence suspensions. These legal precedents impact the criminal justice system and the rights and reintegration of offenders, considering factors like crime severity, likelihood of reoffending, and socioeconomic status. This article analyses the definition of remission as outlined in the Criminal Procedure Code (CRPC) and the Indian Penal Code (IPC), with a particular emphasis on the discretionary authority of executive decisions to decrease sentences and its effects on the rights and reintegration of offenders. This article looks at relevant legal precedents and standards for granting early release, including elements such as the seriousness of the crime, the likelihood of reoffending, socioeconomic status, and adherence to legal protections.582 views -
Exploring the Role of Artificial Intelligence in Enhancing Detection and Prevention of Banking Frauds: Legal and Ethical Implications
Student at NMIMS Kirit P Mehta School of Law Mumbai, IndiaPages 4080 - 4095Purpose: This research aims to investigate the intersection of Artificial Intelligence (AI) and banking fraud detection within the framework of banking and finance law. It seeks to explore how AI technologies can be effectively utilized to detect and prevent fraudulent activities in banking operations while ensuring compliance with relevant legal regulations and standards. Research Implications: The study holds significant implications for academia and the banking industry, particularly in understanding how AI can enhance fraud detection capabilities while adhering to banking and finance law. It provides valuable insights for policymakers, regulators, and banking professionals on the legal and regulatory challenges associated with the implementation of AI in fraud prevention strategies. Findings: The findings underscore the potential of AI algorithms to bolster the accuracy and efficiency of fraud detection systems in banking, aligning with the requirements set forth by banking and finance law. By analysing vast datasets and identifying suspicious patterns, AI systems can aid in the timely detection and mitigation of fraudulent transactions, thereby promoting regulatory compliance and safeguarding financial integrity. Originality/Value: This research offers original contributions by examining the synergy between AI technologies, banking fraud detection, and the legal framework of banking and finance law. It highlights the importance of integrating technological advancements with legal requirements to foster a secure and compliant banking environment. By emphasizing the significance of regulatory alignment, the study underscores the value of ethical and lawful AI deployment in combating financial fraud.666 views -
Mitigating Negative Development Externalities: A Comprehensive Framework for Real Estate and TDR Exchange
PhD Scholar at NMIMS Kirit P Mehta School of Law Mumbai, IndiaPages 4096 - 4123This research paper introduces a comprehensive framework to mitigate negative development externalities through the implementation of Real Estate and Transferable Development Rights (TDR) Exchanges. Negative externalities, such as environmental degradation and inefficient land use, pose significant challenges to sustainable urban development. The study presents a novel theoretical model that leverages economic principles and regulatory mechanisms to address these issues effectively. The research begins with a critical examination of prevailing market inefficiencies and the challenges associated with liquidity constraints in the real estate sector. Central to the proposed solution is the development of sophisticated bidding and pricing algorithms. These algorithms are grounded in economic theory and are designed to optimize TDR transactions by ensuring accurate market valuations and minimizing distortions. The methodology is rooted in economic model building and theoretical framework development. The study constructs detailed economic models that integrate advanced mathematical and statistical approaches to simulate the dynamics of TDR and Real Estate Exchanges. This theoretical approach allows for a rigorous analysis of how these exchanges can improve market efficiency and promote sustainable urban development. The findings suggest that the proposed exchanges can significantly enhance market transparency and facilitate equitable transactions, thereby contributing to more efficient land use and environmental conservation. The paper concludes with policy recommendations aimed at enhancing the regulatory environment to support the successful implementation of TDR and Real Estate Exchanges. By providing a robust theoretical foundation and practical guidelines, this research contributes to the ongoing discourse on urban planning and development. It underscores the importance of innovative economic models and regulatory responses in achieving sustainable urbanization and offers a roadmap for future research and policy development.628 views -
Impetus of Future of Intellectual Property in Correlation with Digitalization and Data Privacy Regulations
Studied at PES Modern Law College, IndiaPages 4124 - 4141We live in a world where Intellectual Property rights play a crucial role in addressing Data privacy and digitalisation of content in a digital age or medium. Digitalisation of original content of the author/publisher/creator is quintessential in nature . In this article emphasis laid upon revolutionary reforms in field of information and technology along with digitalization of content produces a new horizon of possibilities ranging from independence of various content from the original medium. Digital Millennium Copyright Act(DMCA) ; introducing a novel anticircumvention provision which provides exclusivity of rights to the owner of the creative work. The procedure of Digital watermarking extends to validation and communication of such information collected in a digital medium is well explained in this article. Eventually its observed that Digitalization should be permitted only by users have their own source, being a verified user. The challenge of adopting Digital Right Management System (DRS) must be balanced with the interest of right holders and consumer in a digital landscape. . Regulation of environment changing for the enactment of data protecting such as European General Data Protection Regulation (GDPR) , California Consumer Privacy Act (CCPA) and the Indian Computer Emergency Response Team. Copyright infringement cause legitimate creators and businesses to face financial difficulties reducing revenue and stifling innovation. The world of online privacy poses special challenges, seamless cross border hindering enforcement. . The Personal Information Protection and Electronic Document Act(PIPEDA) enforces a consent centric approach to data collection, India, the Digital Personal Data Protection Act 2023 addresses the fundamental issue related to digital protection data. General Data Protection Regulation (GDPR) of Europe setting higher standard for personal data of collecting, storing and utilization. On an intellectual property level, conventions of laying the groundwork for safeguarding digital content creators. . For copyright protection, creators should consider registering their works with the appropriate copyright offices and using watermarks or digital rights management (DRM) technologies to deter unauthorized use. Artificial Intelligence (AI) and Machine language is used extensively to develop an automated copyright infringement detection mechanism along with data privacy measures.666 views -
Embracing Diversity: The Pluralistic Framework of the Indian Constitution
Student at Law College Dehradun , Uttaranchal University, IndiaPages 4142 - 4149The Indian Constitution demonstrates a deep commitment to pluralism, reflecting the country's vast diversity in religion, culture, language, and social dynamics. It emerges from a historical context of diverse pre-colonial kingdoms and divisive colonial rule, necessitating a framework to reconcile and celebrate this diversity. Key figures like Mahatma Gandhi, Jawaharlal Nehru, and Dr. B.R. Ambedkar laid the foundation for an inclusive constitution. The Preamble captures India's dedication to a sovereign, socialist, and secular state, emphasizing equality, social justice, and religious neutrality. Landmark judgments such as S.R. Bommai v. Union of India reinforced these principles, ensuring religious pluralism and equality. Fundamental Rights, particularly Articles 14 to 18, and 25 to 30, establish protections against discrimination and uphold cultural and religious freedoms, promoting a pluralistic society. The federal structure, with Articles 245 to 263, grants autonomy to states, allowing them to preserve their unique identities and ensuring decentralized governance. Linguistic diversity is safeguarded through Articles 343 to 351, supporting regional languages and mother-tongue education. The Constitution robustly protects minority rights, including political representation and cultural autonomy, with judicial oversight ensuring these rights are upheld. The judiciary plays a pivotal role in interpreting and enforcing constitutional protections, fostering a society where diversity is celebrated and protected. In conclusion, the Indian Constitution's pluralistic approach ensures that the country's diverse heritage is preserved and valued, promoting a harmonious and inclusive society where all communities thrive in mutual respect and unity.2,727 views -
Sologamy: A Failure to the Legality and Sanctity of Marriage as an Institution
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 4150 - 4159Sologamy, or the act of marrying oneself, is a modern social trend that redefines traditional ideas of marriage and self-commitment. Emerging prominently in the 21st century, sologamy involves individuals holding formal ceremonies, complete with vows, rings, and sometimes receptions, to symbolize their dedication to self-love and self-care. The growth of sologamy is linked to various sociocultural changes, particularly the increasing focus on personal growth, self-empowerment, and mental health. In a society where adult milestones like marriage, career success, and parenthood are often prescribed, sologamy offers an alternative that emphasizes personal happiness and self-validation. It challenges the traditional belief that romantic relationships are the primary source of fulfillment, suggesting instead that one’s relationship with oneself is equally, if not more, important. Critics argue that sologamy trivializes the institution of marriage and represents a narcissistic culture preoccupied with self-gratification. However, supporters see it as a significant expression of self-acceptance and resilience. They believe sologamy can be a powerful tool for individuals recovering from trauma, navigating life changes, or seeking deeper self-awareness. Though sologamy is not legally recognized and does not offer the legal benefits of traditional marriage, its symbolic significance is notable. It highlights a growing acceptance of diverse life choices and the importance of mental and emotional well-being. As society continues to evolve, sologamy may foster broader discussions about the nature of love, commitment, and personal fulfillment in the contemporary world.1,371 views -
The Comparative Analysis on Judicial System in Indian and UK
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 4160 - 4173This article presents a comprehensive comparative analysis of the judicial systems in India and the United Kingdom, focusing on their historical development, structural organization, and functional operations. The UK's judicial system, deeply rooted in common law traditions, has significantly influenced the judiciary in India, a legacy from the British colonial era. Despite this shared heritage, the two systems have diverged considerably since India's independence in 1947. This study explores key differences and similarities in judicial hierarchy, appointment processes, legal procedures, and the role of judicial review. Through an examination of landmark cases and judicial reforms, the article identifies how each system addresses issues such as access to justice, judicial independence, and accountability. It also delves into the sociopolitical contexts that shape judicial decisions and the implementation of the rule of law. By highlighting the unique challenges and strengths of both systems, the comparative evaluation provides insights into their effectiveness in handling contemporary legal issues, safeguarding human rights, and promoting social justice. This analysis aims to contribute to a deeper understanding of the adaptability and resilience of judicial mechanisms in different legal and cultural environments, offering potential lessons for judicial reforms globally.2,385 views -
Cyber Crime and Women
PhD Scholar at Maharshi Dayanand University, Rohtak, IndiaPages 4174 - 4180Women constitute half of the population in the world. Dignity of women is the fundamental part in the society. Article 21 of the constitution of India provides life and liberty to everyone .Article 21 known as the judicial creativity also. This judicial creativity protects the dignity of the women under the head of life and liberty of person. Reputation, privacy, dignity of any person is integral part in the society. Dignity or reputation of women is important in the society. Time to time many attempts is made to harm the reputation of the women. In the society women are soft and vulnerable target for the crime. This research paper discussed about cyber crime and women. With the advent of technology victimization of women is on high rates. Computers, telephones, laptops, mobiles phones are the most commonly used device in everywhere. Cyber crime is the illegal activity which is committed with the help of cyber space. Cyber space we mean technology and the internet .this paper includes how cyber crime affects the different section like women in the domestic relationship, women in the workplace, and women in the educational institution etc. of the women in the society. To be a victim of cyber crime is most dreadful experience for the women. It affects women mentally, socially and physically. This paper deals with the analyzing and review cyber crimes against the women in India. The most common crimes which are committed against the women are cyber pornography, morphing, cyber grooming, cyber staling, harassment, hacking, obscenity, cyber bullying, cyber trolling, phishing. The main reason of the cyber crime against loneliness’ of the school going and college going girls students, weaker and vulnerable target ,unawareness about the privacy and security about the social media, share personal information to the strangers anonymity of the cyber criminals, lack of proper legal provisions. The research paper also discussed about the impact which are very dangerous to the women lie mental stock, social and private injury, academic loss, breakdown of personal relationship. Presently Information Technology Act 2000 and traditionally IPC deal with the cyber crime in India. Suggestion also provided by the researcher.559 views -
The Global Diffusion of Antitrust and Merger Control
LL.M. student at CSI College For Legal Studies, Kottayam, IndiaPages 4181 - 4186The core idea of institutional theory is that social institutions, such as rules, networks, culture, and conventions that govern business dealings, are necessary for markets to operate. The lack of institutional frameworks that govern business transactions hinders intercountry spaces because these institutions are mainly established and operate within national borders. This argument is in sharp contrast to those favouring deregulation, which maintain that market integrations can happen by eliminating current regulations rather than passing new ones. My empirical research really shows that when antitrust laws and merger controls are enacted, adopting nations observe an increase in the number of incoming cross-border mergers and acquisitions. By informing adopting countries that they uphold international norms for market-oriented reforms, antitrust laws promote foreign acquisitions. Merger control streamlines foreign acquisitions by giving purchasing corporations in adopting nations clarity on otherwise unclear legislation.585 views -
Unveiling the Regulatory Framework for Online Gaming in India: What Gamers and Developers need to Know
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 4187 - 4205The explosive growth of gaming as an industry has now caught the attention of tight-fisted regulatory authorities who face an uncertain roadmap without an effective legal framework that can mitigate ambiguities and complexities of a sector with an immense business potential. The primary aim of this article seeks to provide an industry overview of the current regulatory regime as it stands in India, attempt to understand the efficacy of underlying laws and evaluate the sector from a legal standpoint. The regulatory regime of online gaming in India is characterised by the dichotomy between skill-based and chance-based games, which in one sweep allow the former to be licensed and permitted and the latter, given its random nature, to be severely restricted in the legal framework. There’s a clear tilt in favour of certain classes of games without any persuasive ‘public interest’ other than the expectation of employment generation and revenue to the state treasury. The case law has over different periods of history relied upon old legal precedents as well as judicial pronouncements of recent times that have now crystallised the regulatory dispensation. An overview of the relevant legal recommendations that govern online games throws up inherent incoherencies and unreflective disparities between varied jurisdictions that are legally binding. There’s a clear need for dedicated legislation that will also help harmonise the disparate State laws, and embrace technological solutions that have the potential to reinforce regulatory interventions. A complete overhaul of regulatory regime may be in order to put in pace consumer protections and enforceability of obligations between stakeholders of online gaming industry. The article concludes by providing roadmap of reform initiatives that may have to be undertaken to fill in the interpretative lacunae of online gaming industry in India.628 views -
Electoral Integrity in India: Judicial Wardship
Ph.D. Scholar at National Law Institute University Bhopal, IndiaPages 4206 - 4213The judiciary in India plays a significant role in maintaining electoral integrity, ensuring the democratic process remains fair, transparent, and credible. The Indian Constitution entrusts the judiciary with the power to adjudicate disputes related to elections, thereby acting as a guardian of electoral fairness. Through landmark judgments, the judiciary has set important precedents that uphold the sanctity of the electoral process. For instance, the Supreme Court’s directive to introduce the Voter Verified Paper Audit Trail (VVPAT) in Electronic Voting Machines (EVMs) enhances transparency and voter confidence. Furthermore, the judiciary enforces strict compliance with the Model Code of Conduct, curbing the misuse of governmental power during elections. It also scrutinizes and nullifies nominations and elections tainted by corrupt practices such as bribery, undue influence, or use of muscle power. Through these actions, the judiciary safeguards the democratic process, ensuring that elections reflect the true will of the people and reinforcing the principles of justice, fairness, and equality enshrined in the Indian Constitution. Moreover, by interpreting and reinforcing electoral laws, the judiciary acts as a check against any form of subversion of the democratic process. This article delves into critical landmark judgements that illustrate the judiciary’s crucial role in safeguarding democracy against political and legal loopholes that threaten its sanctity.865 views -
The Evolution of the Prevention of Money Laundering Act: Challenges and Adaptation
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 4214 - 4224This article examines the development of the Prevention of Money Laundering Act (PMLA) in India, focusing on the historical background of money laundering, the legislative process of the Act, and the current difficulties and adjustments in its implementation. Money laundering, an old practice that originated in China, gained significant recognition during the Prohibition era in the United States. The necessity for a strong and comprehensive legal structure to address the issue of money laundering in India became evident with the founding of the Financial Action Task Force (FATF) in 1989. The FATF established global benchmarks for implementing measures against money laundering. The legislative response of India resulted in the implementation of the PMLA in 2002, which became effective in 2005. The correlation between money laundering accusations and the prosecution of predicate offences is intricate, as both crimes are interrelated but handled separately according to legal provisions. In cases of money laundering, the weight of proof is shifted, necessitating the accused to provide evidence that the funds obtained from criminal activities have not been laundered. The procedural elements of trials conducted under the Prevention of Money Laundering Act (PMLA), such as the jurisdiction of Special Courts and the strict bail restrictions, pose distinctive difficulties. The application of the PMLA has been consistently influenced by judicial interpretations and changes. Notable cases, such as Vijay Mandal Chaudhary and Nikesh Tarachand Shah, have dealt with matters of the enforceability of the Code of Criminal Procedure, the validity of bail terms, and the shifting of the burden of proof. The procedural complexities of transferring cases and the jurisdictional authority of Special Courts under the PMLA are also explored. Moreover, the article examines the detrimental impacts of money laundering on economies and financial institutions, highlighting the necessity for strong anti-money laundering measures. The three phases of money laundering—placement, layering, and integration—are outlined to demonstrate the intricacies involved in concealing illegal funds. Ultimately, the PMLA, 2002, has made a substantial impact on combating money laundering in India by creating a structure for ensuring adherence to regulations and overseeing potentially illicit activities. However, the efficacy of the system relies on the collaboration of financial institutions and the general public in reporting and thwarting financial offences. To effectively tackle the ever-changing nature of money laundering, it is crucial to continue adapting and enforcing strict measures.1,123 views -
Novel Impetus of AI in the Expansive World of Corporate Governance in India
Studied at PES Modern Law College, IndiaPages 4225 - 4235The world is progressing at a rapid pace, it is quintessential to adopt machine learning mechanism and inculcate various paradigm shift reshaping the decision-making process of corporation and individual. AI performs task independently, capable of processing data. It is observed in 2014, Deep Knowledge Ventures (DPV) appointed an AI named VITAL, Advancing Tool for Validation of Life Science in correlation with other Board of Directors Shareholders/Stakeholders have often lost trust in companies due to failure and negligence of corporate governance. Building a fiduciary relationship essentially provides for further expansion of a company. But humans are susceptible to greed and misinterpreting information to inflate the financial statement. Board of Directors failure of complying with governance led to formulation of novel regulations. It’s the necessity of todays ordeal to inculcate a new reform and legislation promoting AI as a protective sheath but with more flexibility as compared to corporate veil principle. This article will provide a multifaceted provision of corporate law in India, ubiquitously collaborating the theory of Board of Directors under the Companies Act of 2013 to the expansion of corporate law, Ai The Novel Tool For Successful Corporate Administration; Impact On Unwavering Aspect Of Governance, principle of Corporate law governance and its sustainability, Assessing The Limit Of Corporate Governance In The Company And Lastly The Futuristic Approach Of AI The New Ordeal Of Today.518 views -
Marital Rape in India: A Disguised Violation of Human Rights
Assistant Professor at The Law School, University of Jammu, IndiaPages 4236 - 4246Women in India are subjected to criminal atrocities such as domestic violence, sexual harassment, trafficking, rape and forced prostitution. This is just a small catalogue of endless crimes against women. The most heinous of all sexual offences, which not only subjects women to a thoroughly detestable physical conquest from which there can be no retaliation, is rape. Among all instances of rape, the most discriminatory and yet largely unreported form of sexual violence is marital rape. Marital rape can be more traumatic and abusive than stranger rape because wife is abused by someone who is generally thought of a careful and protective person as a source of trust and care. It produces a feeling of treachery and disenchantment in the woman. The traditional belief that marriage provides a husband with the ‘license to have sex’ thereby exempting him for any prosecution for having sex against the will of his wife still persists in the 21st century. Marital rape is, in particular complicated because of the complex, personal nature of marital relationships which makes it hard for the victim to even see herself as a victim. Treatment of marital rape as a civil or moral wrong rather than crime reflects the patriarchal notion that still treats a woman as husband’s property. The present paper confines itself to examine the glazing inequities of justice system with regards to marital rape in India. Paradigmatic shifts in law and justice in 21st century call for criminalization of marital rape which is the severest form of human rights violation.622 views -
Overlapping Issue: Insolvency and Bankruptcy Code, 2016 & Prevention of Money Laundering Act, 2002 and Judiciary’s Stance
Student at Kirit P. Mehta School of Law, NMIMS Mumbai, IndiaPages 4247 - 4256Insolvency and Bankruptcy Code, 2016 (herein referred to as IBC) and Prevention of Money Laundering Act, 2002 (herein referred to as PMLA) are legislations dealing with diverse domains. However, a major conflict between the IBC and the PMLA exists in India. During the Corporate Insolvency Resolution Process (CIRP), while the PMLA aims to seize and attach any property or asset connected to money laundering, the IBC strives to enhance the value of the financial creditors' assets. This hampers the implementation of both legislations, depicting the inefficient implementation of their legislative material. This research paper aims to evaluate the friction between these two legislations. To have an insight into the paper, it has been divided into various segments. The paper unfolds with an introduction and overview of the two statutes. The next part deals with the distinct objectives and key provisions of these two statutes and the resolution process under IBC. The paper further discusses the point of conflict and the instances where the provisions of IBC and PMLA can overlap and lastly the problems faced by the corporate debtors and creditors and the stance of judiciary on certain cases.720 views -
A Study on Legal Framework on the Protection of Street Vendor’s Right in India
LL.M. student at Maulana Abul Kalam Azad University of Technology, West Bengal, India.Pages 4257 - 4262Since the ancient time our country witnessed the barter system that is the exchanging the goods, which ensured the healthy local sellers system. This type of underdeveloped economical system is the significance of evolution of Indian economy from that time to modern time. The journey of this history of street or small vendors or sellers was not even smooth at that time as well as not now. Street Vendors are mainly self-employed workers who sell goods, food, or anything on the roads. As market grows with the time, economy of the country glorifies but the small sellers or vendors with small amount of capital they cannot compete with the high value of markets. As per evolution of Indian economy from that time to modern time street vendors face many challenges as they could not effort a permanent shop, unable to complete a permanent workplace and set up. This article is going to explain through a review of various literatures is that the condition of street vendors in India, how they are treated, role of street vendors in Indian economy, how legal frameworks help to protect the rights of street vendors in India etc. Henceforth, the objective of this paper is to draw a picture on the condition of Indian street vendors and the legal framework which are responsible to protect them.1,752 views -
Social Justice and Food Security: Examining the Right to Food for Marginalized Communities in India
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 4263 - 4277This article examines the delicate interplay between food security and social justice in India with a particular emphasis on the right to food for vulnerable groups. It explores the constitutional foundations, legislative frameworks and seminal judicial interpretations that constitutes the right to food as a facet of the right to life under Article 21 of the Constitution of India. With a view to understanding the structural lacunae, implementation gap and policy vacuum, it highlights the deficient state action and omissions that undermine food security. Drawing on the significant legal commitments from the State and the schematic interventions such as Public Distribution System (PDS), Mid-Day Meal Scheme and Integrated Child Development Services (ICDS), it analyses the social justice approach to the right to food and frames the theoretical and practical way forward for the food security programmes in India. It tells us how the rights framework can strengthen the food security programmes and how these programmes promote social justice.704 views -
Legal, Contractual and IP Diligence in Implementing Trademarks in Metaverse
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 4278 - 4289The rise of the metaverse in a digital realm for business, socialising, and entertainment brings distinct difficulties and possibilities for incorporating trademarks. Ensuring legal compliance, thorough examination of contracts, and protection of intellectual property (IP) are crucial in this changing environment to protect the reputation of the business and avoid any violations. In order to prevent the exploitation or misuse of trademarks, which play a crucial role in identifying the source and quality of products in the physical world, it is imperative to exercise strict protection over them in the metaverse. This requires a comprehensive comprehension of both current legal structures and the unique challenges presented by virtual settings. An essential factor to consider is the creation of thorough contracts that take into mind the distinct characteristics of the metaverse. These agreements should incorporate explicit provisions concerning the utilisation rights, geographical extent, and means for enforcing trademarks in virtual environments. In addition, it is necessary to establish measures to address future conflicts, assuring the presence of effective and efficient channels for resolving them. Conducting intellectual property (IP) due diligence in the metaverse involves a comprehensive evaluation of the likelihood of trademark infringement, counterfeiting, and unauthorised utilisation. Effective implementation necessitates a proactive strategy for monitoring and enforcing, utilising both legal and technical remedies. Ultimately, the incorporation of trademarks in the metaverse necessitates thorough legal scrutiny and diligence in contractual and intellectual property matters. Brands can secure their intellectual property and retain their reputation in the growing digital world by using strong protection and enforcement measures.495 views -
Rise of Women Entrepreneur in Economic Development of India
Student at Royal School of Business, Guwahati, Assam, IndiaPages 4290 - 4302As said by Eleanor Roosevelt “A woman is like a tea bag, you never know how strong she is until she gets in hot water”. Women constitute nearly half of the world’s total population. In India also almost fifty per cent of the total population is constituted by women. But women’s participation is seen to be lower in the economic development of the country as compared to man. The main restricting factor for which women in this country could not take active part in economic activities is the traditional mindset which views woman as the homemakers while the role of bread earners is headed by the male counterpart in the family. In India, there is huge potential of women to emerge as contributors to socio economic spheres of the country but still women experience barrier to contribute for the economic development but now with some consistent developments in the Indian startup ecosystem more and more women entrepreneurs have started chasing the entrepreneurial dreams and flourishing in their venture, initiating a range of required changes to the society and economy. The present paper figures out the available existing literature on women entrepreneurship with the help of secondary data and examines it accordingly. This report is another effort in the direction of women contribution towards their entrepreneurial development and how increasing entrepreneur’s number of growth oriented women is trying to support the agenda of advancing women entrepreneurship in India. Empowerment of women in social, economic, political and spiritual spheres is essential for the country to realize its vision of becoming developed nation by 2047.492 views -
Strategic Amalgamation of Due Diligence & Corporate Governance in the Field of Merger and Acquisition in India
Studied at PES Modern Law College, IndiaPages 4303 - 4319We live in a world wherein the significance of mergers and acquisitions has become pivotal for the day-to-day functioning of corporations or companies in society. There exist scenarios wherein small corporates merge to have a compelling interest in this predator market. This article will provide a specific impetus to the Strategic Amalgamation of Due Diligence and Corporate Law in the ever-expansive field of mergers and acquisitions, which never ceases to amaze. Before delving into the concept of Merger and Acquisition, one should understand the reality behind the formulation of such a vital concept. Integration, Synergies, expansion of business. Acquiring assets of the target company, more importantly, the consumer base and success. The idea of Merger and Acquisition is contained via S.230 to 240 Companies Act, 2013 . Understanding the process of compromise, restructuring of debt, and historical analysis of mergers and acquisitions in India. Types of mergers provide an analysis of the strategic decisions required to be undertaken for a successful merger. Amendment of existing policies inculcating novel policies. Analysis of Acquisition with due diligence and the checklist to be followed adequately and to the fullest extent. Specific importance is provided to the concept of due diligence and corporate governance, as well as the essential checklist and prerequisite for due diligence. Target company's previous financial records and Intellectual Property assets. The Concept of Governance constitutes People, process, purpose and performance. Companies are provided an incentive to ensure that there is no conflict between the internal and external mechanisms of the company. No rule or regulation should be in contravention of the provisions contained in the Law or against the integrity and sovereignty of India. The Board of Directors will constitute the Internal management, which is pivotal for merger and acquisition transactions. External management involves the government and customers. The intersection between the strategic concept of due diligence and corporate governance is quintessential for successful M&A.810 views -
Stamping the Path to Validity: A Critical Analysis of Arbitration Agreements in Indian Legal Landscape
Student at Gujarat National Law University, IndiaPages 4320 - 4331Arbitration is a widely used method for resolving commercial disputes. It comprises of an agreement between the parties, specifying that any dispute arising between parties shall be referred to arbitration. If an agreement is found to be unstamped or insufficiently stamped, it may not be enforced as per the provisions of Indian Stamp Act, 1899. However, the question concerning the validity of the arbitration clause in that agreement has been a source of controversy since long and had resulted in conflicting views adopted by the Court in various judgements. An analysis of these contrasting views is imperative to appreciate the evolution of Indian legal landscape regarding the validity of an unstamped arbitration agreement. This long running dispute has finally come to an end with the recent verdict passed by a 7 Judge bench in the case of In Re: The Interplay between arbitration agreements under the Arbitration and Conciliation Act, 1996, and the Indian Stamp Act, 1899. The court in this case clarified the position by ruling that a clause mandating the parties to refer their disputes to arbitration would not be hit by the provisions of the Stamp Act, and therefore, would be enforceable under the law. The judgement also clarified the position on various other aspects including the power of the Courts to intervene in the matter involving an unstamped arbitration agreement. The judgement has a lot of practical implications on the Indian arbitration framework and leaves certain questions unanswered as well. Overall, the judgement can be seen as a positive step taken by the Indian judiciary that shows their pro-arbitration mind set.704 views -
Laws in the Limelight: The Legal Drama of Social Media
Student at Thakur Ramnarayan College of Law, IndiaPages 4332 - 4341The advent of social media has significantly transformed communication, business, and personal interactions, offering unprecedented opportunities for expression and connectivity. However, this rapid evolution has also introduced a complex array of legal challenges that regulators, companies, and users must navigate. This paper explores the multifaceted legal landscape of social media, focusing on four primary areas: privacy, freedom of speech, intellectual property, and cybersecurity. Privacy concerns are paramount, as social media platforms collect vast amounts of personal data, often without clear user consent. The implementation of the General Data Protection Regulation (GDPR) in Europe has set a global benchmark for data protection, influencing how social media companies handle user data. High-profile cases, such as the Cambridge Analytica scandal, underscore the urgent need for stringent data protection measures. Freedom of speech on social media platforms presents a dichotomy, balancing the right to express oneself with the necessity of moderating harmful content. This tension is exemplified by debates over content moderation policies implemented by platforms like Twitter and Facebook, which aim to curb hate speech and misinformation while avoiding censorship. Intellectual property rights are frequently challenged by the sharing-centric nature of social media. Copyright infringement and trademark misuse are common issues, prompting the development of automated systems to detect and manage IP violations. Companies face the ongoing challenge of protecting their intellectual property in a dynamic online environment. Cybersecurity remains a critical concern, as social media platforms are frequent targets for cyberattacks. High-profile data breaches, such as the 2018 Facebook data leak, highlight the need for robust cybersecurity measures and regulatory frameworks like the Cybersecurity Information Sharing Act (CISA) to enhance data protection and trust. This paper provides a comprehensive overview of these key legal issues, examining landmark cases, legislation, and regulatory responses. It underscores the importance of evolving legal frameworks to keep pace with technological advancements and societal changes, ensuring the protection of user rights and the promotion of responsible business practices.711 views -
An Overview of Wildlife Conservation Efforts in India
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 4342 - 4351Wildlife is the origin of everything; it is an indubitable fact that all forms of flora and fauna have evolved from the elementary levels of the environment of a species of wildlife. Considering the hazardous effects that a location's wildlife has always been plagued with, it becomes essential to address the issues which grapple with it. Owing to the massive geographical structure of India, it is the abode of an ever-pervading wildlife, containing myriads of flora and fauna. Since modern times, India, so as to preserve this affluent treasure of nature, has brought out many acts and policies to foil the causes of its wildlife pangs at an alarming and effective scale. The following article strives to point out the instrumental steps that the indian government has put forth to conserve its wildlife . Wildlife is the origin of everything; it is an indubitable fact that all forms of flora and fauna have evolved from the elementary levels of the environment of a species of wildlife. Considering the hazardous effects that a location's wildlife has always been plagued with, it becomes essential to address the issues which grapple with it. Owing to the massive geographical structure of India, it is the abode of an ever-pervading wildlife, containing myriads of flora and fauna. Since modern times, India, so as to preserve this affluent treasure of nature, has brought out many acts and policies to foil the causes of its wildlife pangs at an alarming and effective scale. The following article strives to point out the instrumental steps that the indian government has put forth to conserve its wildlife .672 views -
Balancing Freedom of Expression & Regulation on OTT Platform
Research Scholar at Faculty of Law, University of Lucknow, IndiaPages 4352 - 4364It’s interesting to notice that an increasing number of people are using OTT platforms to express themselves or look for content that aligns with their opinions due to their popularity and ease of use. Though the right to freedom of expression is one that our nation’s residents are incredibly grateful for, it is important to remember that this right cannot be violated in the name of “creativity” or “ingenuity.” Increasing depictions of drug misuse, sex, nudity, violence, foul language, etc. The government to create regulations governing the digital business due to the content being aired on OTT platforms without any explicit laws in place. Even though the Information Technology Act and the Indian Penal Code contain provisions addressing sensitive content and obscenity, a significant portion of digital information remains uncontrolled, necessitating the creation of industry-specific regulations. The government has responded in accordance with the OTT legislation that have been implemented in several nations. Additionally, focus has been placed on the OTT platforms’ self-regulation, which includes self-classification according to age and content, parental controls, ratings display, and a self-regulatory body for the resolution of complaints, among other things.834 views -
R2P As a Tool for Humanitarian Imperialism: The Hidden Agendas behind International Interventions
Student at Savitribai Phule Pune University, Pune, IndiaPages 4365 - 4372A global concept known as the Responsibility to Protect (R2P) aims to prevent and resolve crimes of mass atrocity by reinterpreting state sovereignty to include governments' duties to protect their citizens. R2P emerged from the international community's inability to stop genocides in the 1990s, most notably in Kosovo and Rwanda, and was formally adopted at the World Summit in 2005. But the idea of "humanitarian imperialism," in which strong nations utilize humanitarian excuses to further their geopolitical objectives, has made it more difficult to put into practice. The effect of humanitarian imperialism on the implementation of R2P is examined in this article. Under the guise of advancing democracy, human rights, or stability, strong states might engage in humanitarian imperialism. The case studies of Russia's annexation of Crimea (2014) and NATO's intervention in Libya (2011) are addressed. NATO's intervention in Libya, which was originally justified under R2P as a means of preventing a massacre, soon evolved into a regime change operation, casting doubt on R2P's legitimacy and causing protracted instability. Russia's action in Crimea, which was purportedly carried out to safeguard ethnic Russians, was primarily motivated by geopolitical considerations, demonstrating the extent to which humanitarian discourse may conceal imperial aspirations. Its legitimacy is compromised, and international confidence is weakened, when Responsibility to Protect (R2P) is applied selectively due to political, economic, or strategic reasons. The ability of the international community to stop crimes and defend human rights is hampered by this dynamic. The study makes several recommendations to address these problems, including bolstering global agreement, guaranteeing responsibility, fostering openness, and supporting regional approaches to interventions. The goal of these actions is to reestablish R2P's efficacy and reputation in really defending vulnerable groups.1,489 views -
Liability of the State in India in Respect of Contracts: A Legal Analysis
Assistant Professor at Government Law College, Tirunelveli, IndiaPages 4373 - 4382In the current era, government contracts have gained a lot of attention. The wealth comes from the state. In the contemporary welfare state, the government's economic activities are growing, and it is increasingly taking on the role of the distributor of several benefits. When the government in India takes on the role of a welfare state, the issue of the administration's contractual duty always elicits a feeling of majority response. The state is subject to the law and is not allowed to break it. The question that emerges in this situation is whether the person who was harmed or damaged by a state action is entitled to compensation from the state.704 views -
Interplay of Terrorism and Ethnic Complexities in the Sahel Region: The Case of Fulani Community
Student at OP Jindal Global University, IndiaPages 4383 - 4404This study investigates the intricate interplay between ethnic complexities, militant Islamism, and the alarming increase in terrorism within the Sahel region. Focusing on the disproportionate involvement of Fulani individuals in militant Islamist groups, the study examines how escalating intercommunal conflicts have become a fertile ground for terrorism. As rural communities, facing insecurity, form militias for self-defence, the security landscape becomes increasingly complex. Militant Islamist groups strategically exploit existing tensions, legitimizing their authority and perpetuating a dangerous cycle of retaliation. This paper also delves into the stigmatization of Fulani individuals as jihadists, leading to the characterization of the current crisis as a "Fulani jihad" or "Fulani rebellion." Insurgent groups featuring Fulani fighters, such as the Islamic State of the Greater Sahara and Ansar Dine, contribute to the stigmatization. In conclusion, the research underscores the critical need for comprehensive approaches to address the interconnected challenges of extremism, intercommunal violence, and the increasing terrorism plaguing the Sahel region. Understanding the dynamics of ethnic complexities and their relationship with militant Islamism is pivotal for developing effective strategies to restore peace, social harmony, and stability in this vulnerable region.713 views -
Conundrum related to Nature of Offence of Copyright Infringement
Recent Graduate from Maharashtra National Law University Nagpur, IndiaPages 4405 - 4417The problem with determining the nature of offence under Section 63 of the Copyright Act is that the Act itself does not specify whether the offence of copyright infringement is bailable and cognizable. Hence, Part II of the First schedule of the Code of Criminal Procedure, 1973 which lays down the classification of offences against other Laws has to be referred. The confusion arises due to the language used in Section 63, making an offence under the section punishable with in imprisonment “a term which shall not be less than six months but which may extend to three years”. The terms “may extend to three years” makes it difficult to categorize the offence under Section 63 into the three categories provided in the CrPC. To solve this difficulty, various High Courts have made attempts to classify the offence under either category two or category three of the table resulting in contrasting views. This paper aims to critically analyse the legal history of the issue related to determining the nature of offence of copyright infringement and whether the judgement in M/s Knit Pro International v. The State of NCT of Delhi & Anr. solves this conundrum.537 views -
Legislation Over the Use of Artificial Intelligence: An Analysis in Indian Context
Student at UILS, Chandigarh University, IndiaPages 4418 - 4423The last decade saw an exponential growth of the Artificial Intelligence. It has only made our lives easier and faster. From search bots to recommendation about the next place to go, AI systems are everywhere. This also exposes the users to all potential threats it brings with itself. The origin of AI may seem like a recent development; however, it has been around for quite a few years. With the rise of this technology, there has been a simultaneous increase in crimes involving Artificial Intelligence systems. It has created an urgent need for a comprehensive legislation which could monitor and regulate such threats. This paper attempts to explore the need and possibility of legislations on the AI systems in India. It also involves a global comparison of the same, and the current measures undertaken by the Indian government in this regard. The working of AI system has also been explored in this paper, along with a discussion about the history of the same.563 views -
Examining the Regulation of Trade Secrets in India and The United States of America: A Comparative Analysis
Student at Christ (Deemed to be University), IndiaPages 4424 - 4433The 21st century is grappling with issues like technology, innovation, privacy, and a horizon of intellectual artistries. In light of this, a specialized branch of law known as Intellectual Property Rights has stepped in to safeguard the contemporary world of creativity and ingenuity. All its elements - from trademarks and copyrights to patents - lie under the protected radar of these rights. One of the crucial aspects of said rights is trade secrets, also known as the hidden gems that give companies a competitive edge. These are the secrets that are commercially valuable intellectual property rights on confidential information which may be sold or licensed. They exist in different forms like, formulas, practice, design, algorithms, and patterns. The problem with this aspect is that companies aim to keep their trade secrets independent from intellectual property protection in light of exercising an economic advantage over their competitors. In this regard, India lags behind because of the absence of statutory provisions and legislation, not just to address the problem it brings forth but also to address Trade Secrets as a conceptualized aspect of Intellectual Property Rights. Due to this, India has to rely copiously on Judicial precedents to tackle the issue, unlike the United States of America, which has shown exemplary contribution in this field by coming forward with Trade Secrets specified laws. In this article, the authors have explored qualitative research in the form of doctrinal backing, judicial precedents, and writings of research scholars to discourse said aspect elaborately. By looking into the case studies of different corporations and enterprises that aim to prioritize other Intellectual property rights over trade secrets to protect their competitive spirit in the market, the authors have addressed the need for legal backing for the same. While there are advantages in the economic and legal fields to the non-protection of trade secrets, the future of innovation and the problem of insider trading can trump said benefits and put different enterprises in a spiral on their conquest of market dominance. By analyzing these facets, the paper has accentuated the approach India should incorporate into its legal framework with Trade Secrets as its subject matter.771 views