Volume III - Issue V / 2020

“The case of Arunkumar v. Inspector General of Registration is the first judgment in India where the right to marry under Article 21 of the constitution has been affirmed for transgender persons and holding that ‘bride’ under the Hindu Marriage Act would cover transgender persons who identify as women. The Court affirmed Ms. Sreeja’s self-identification as a woman and recognized her right to self-identify her gender and be included, along with other intersexes/transgender persons who identify as women, within the definition of “bride”. It noted the violation of her fundamental rights by the State authorities that refused to register her marriage. As such, the current litigation strategy for gender diverse litigants is to continue perpetuating the myth that sex is fixed and inevitable, and, therefore, rightly and morally justifiable when persons of one sex or the other are discriminated against based on this unalterably fixed identity.”

Violence and discrimination against women is of universal occurrence. Most violence against women is a way of asserting dominance over women. There are certain traditions, customs, practices that exist because of the indoctrinated values of patriarchy existing in our society. One such traditional practice and form of violence is Khatna, globally known as Female Genital Mutilation which violates the basic human rights of women. Khatna is the practice of removing the clitoral hood or the clitoris of a girl child to curb their sexuality. The reasoning behind the tradition of Khatna is based on deep-rooted gender stereotypes that a woman is to remain pure and chaste before marriage and are obligated to provide to sexual desires of men. The paper presents an overview of the practice of Khatna, further analyzing the constitutional validity of the traditional practice, and in the end presents a comparative analysis of special legislations existing in other countries on Female Genital Mutilation. The paper suggests bringing into effect codified legislation banning the practice of Khatna

Life Insurance is important as it gives security to the family or other claimants. Till the year 2000, The Life Insurance Corporation of India was monopolized but after the year 2000, many private banks and other financial institutions started to give Life Insurance Policies therefore it is necessary to have an authority to settle the disputed claims between the insured and insurer. The statement of the problem of the research is to find out the procedures to settle the disputed claims and the role and duties of the authorities and how far it is efficient. The common person buys a policy of Life Insurance to insured their life but when they die sometimes insurance company don’t perform their duties well and therefore this research is to how an aggrieved person will approach to settle its claim. Sometimes, it happens that people do fraud by buying Life insurance to gain money. Therefore, this research is to study the requirement of authority that will keep an eye on the Insurer and Insured during their unsettle claims.

This article seeks to highlight the advancements made in investment treaty arbitrations, specifically dealing with claims for non-material or moral injuries. It looks at the development of claims for moral damages under international law through the 20th century and its foray into the field of investment treaty arbitration. It then establishes in what circumstances a tribunal must be predisposed to consider and consequently grant such moral damages. It also tries to highlight some of the issues plaguing this particular field and how more progress can be made.

Motor Vehicle Act is one of the most comprehensive legislation regulating and combating the issues and problems pertaining to all major facets, existing issues and components of the motor vehicle related domain. It may be regulation, practices, procedures adopted for granting permits, license, safety at roads, roads infrastructure or granting compensation in any accident case. Although the parliamentary and legislative intent with the judicial precedents are tackling the complexities involved in Motor Vehicle Act 1988 and its amendment in 2019. But there are a few major highlighting issues such as just compensation, tortious liability, no fault liability & liability of insurance companies; international road safety jurisprudence under Motor vehicle Act and the role of insurance companies requires more deliberations and explanations. The present research article is dealing with the major specific deliberations involved in the motor vehicle Act in the light of judicial precedents and legislative intent.

The concept of contempt of court is several countries and centuries older. In England it has been a common principle that seeks to protect the judicial power of the king. Later, disobedience, abstraction in implementing their directions and actions that showed disrespect towards them came to be punishable. The statutory basis for contempt of court is quite older as there were pre-independence laws for contempt in india. When the constitution was adopted, contempt of court was made as one of the restrictions on freedom of speech and expression. Article 129 of the Indian constitution confers powers on the Supreme Court to punish the contempt itself. Article 215 also confers corresponding powers on High courts to punish for contempt. And most importantly the contempt of courts act, 1971 gives statutory backing to the idea. Contempt of court is an offence of disobedience or disrespect towards a court of law and its officers in the form of conduct that opposes or challenges the authority, justice and dignity of the court. Contempt of court is a constitutional power vested with Supreme Court of India. The Supreme Court of India shall be a court of record and shall have all the powers of such a court including the power to punish for contempt itself. Superior courts of record have the power to punish contempt relating to judges of those courts and proceedings therein. The principal aim of the jurisdiction is to protect the dignity of the court and the due administration of justice.

The District Legal Service Authority (DLSA) or the State Legal Service Authority (SLSA) needs to decide the quantum of compensation to be given under the scheme. Section 357A was a necessary enactment, and is useful, because the victim need not prove his case to get compensation under this section, which should hasten the process, but unfortunately the scheme is not being implemented completely. This paper analyses the plight of the victims of crimes under the Indian Criminal Justice System, and the importance of section 357A for protection of their rights. It further argues that that the scheme is not being implemented properly, and there is a lack of uniformity in the statute of each state. The verification procedure of these states is justified only if it does not hinder the compensation of a genuine victim. It explains the importance of immediate compensation, and the role of judiciary in the journey from the enactment to implementation of any scheme and statute. This paper concludes by suggesting changes that could be brought into the Indian Criminal judicial system for the betterment of the victim’s right and society at large

As the world grapples a pandemic, the most troubling of all evils have not been natural but man-made crises. War, terror, civil strife, corruption, ethnic cleansing, violence, crime, governmental failure and organisational collapse, all of these have contributed to the displacement of people from their homes. Migration to most habitable and peaceful nations comes at a heavy cost. Often the price paid is heavier than the freedom gained. Despite international laws and conventions and national policies, several people still find themselves homeless and stateless. In this research paper, the author seeks to highlight the confluence of immigration and human rights. This shall be deliberated upon in the backdrop of the migration of people from Central and Southern American nations to the United States of America. The author undertakes to delve into the international, social, geo-political and legal ramifications on each person who dares to sail a migrating draft. This paper shall have special emphasis on vulnerable groups especially the rights of minor migrants.

In a democratic state, courts are in the best place for protecting individual and institutional rights as well as the development and economy of a country. The activism of judge in criminal court as it is provided in civil law may highly contribute to the fight against the economic crimes. This study seeks to address the role of a court in collecting pieces of evidence with the purpose to fight against economic crimes. It examines the provisions governing the collection of evidence by the court with the aim to safeguard the rights of the accused person and the fight against the economic crimes. In this perspective, the legal framework of economic crimes in Rwanda and the criminal procedure and modes of administration of evidence in court hearing were qualitatively analyzed. This research argues that is true that the burden of proof is for the prosecution, but the first impressions of a best Rwandan judge could not be rejecting pieces of evidence of economic crimes produced by the prosecutor or accused person without its scrupulous examination. The recourse to the scientific and forensic evidence is helpful in case of assessing pieces of evidence relating to economic crimes. This contribution commends legislative enactment and the creation of awareness of the investigators and prosecutors toward on a carefulness investigation in case of collecting evidence of economic crimes and judges in case of judging those cases

Today, the corporate world is full of malpractices and frauds happening all around the globe. The basic idea of the formation of a company and promotion of healthy commercial growth gets diluted in such situations where wrongful trading or fraudulent trading is involved. Corporate disclosure is one such important concept which helps and assists in protecting the rights of investors and shareholders of a company. The paper includes within its ambit the introduction of Corporate Disclosure in private sector along with enunciating the take of India on Corporate Disclosure. The authors through this research paper attempt to reflect the importance of corporate disclosure and investor protection which in turn helps in reduction of home bias which is quite prevalent among investors. Home bias is the preference given by the investors to domestic equities in place of investing in foreign equities in markets outside the home country. The researchers elucidate the problems associated with home bias and futher stresses upon the need for International diversification. International diversification is a major tool for reducing the home bias and plays a vital role in the growth of a country. Therefore, it can be comfortably said that there is a direct link between corporate disclosure, investor protection, portfolio investment and international diversification leading the way to reduction in equity home bias and promotion of growth. This link has been well discussed in the present research paper, establishing the need for corporate disclosure and investor protection in countries

societies witness a heterogenous mix with the co-existence of citizens and non-citizens as a more or less permanent feature. The existence of international migrants in world population has seen a steady growth and has hence been a structural component in western democracies. However, a shift in trend since the last two decades towards a generalized restrictive turn amongst the countries of destination has signaled a deterioration in the status of migrants and the same is likely to worsen in lieu of the protectionist tendencies post a pandemic and changed geopolitical world. A climate of rising unemployment, labour market regulation, socio-economic uncertainty, decreased focus on welfare programmes and rising levels of racism, xenophobia and discrimination is unlikely to render the conditions of migrants as lucrative. Essentially, a neoliberal economic environment attributes to the state favouring irregularities and abuse, especially in areas wherein low-skilled economic sectors are involved and immigration policies become not a matter of ethics but a facet of structural justice. The institutions governing the same hence become contingent features of it and they vary to an appreciable extent from one society to another, complicating the task of even assessing the policies in an adequate way, therefore demanding careful investigation and a concrete solution. Further, the role of international law with respect to regulation of cross border movement of people is limited. The matter of contention in its implementation becomes the weak enforcement of it as well the reluctance of states to cede their sovereignty in functioning in accordance with their own criterias. Although certain regional initiatives constrain the authority of their states, largely, the states are free to exclude or admit by their own nation discretion. The author of this paper aims to analyze the legal instruments in place for migrants and their protection and establish a case for a more comprehensive approach towards the same. P. De Guchteneire, A. Pécoud, And R. Cholewinski, Migration And Human Rights: The United Nations Convention On Migrant Workers’ Rights (2009) 1992 Maastricht Treaty allows citizens qualified freedom of movement within the territory of EU-member states The Citizenship Amendment Act 2019 of India grants special rights to minorities of 3 countries.

In times of conflict, the people of the stricken nations suffer tremendously and the occurrence of widespread atrocities and gross violations of human rights are inevitable. Once the conflict is over, it is necessary that the marginalized and oppressed sections of the society are given access to the justice they deserve or the values that act as the foundation of society will erode and crumble. However, when the aggravations in question are so widespread, the traditional system of justice may not be adequate or competent enough to ensure that these victims are given the justice they deserve or that these people will not face further abuse at the hands of the authorities. In such situations, the system of transitional justice comes into play. This article endeavors to show how the goals of transitional justice is attained through truth commissions using examples of truth commissions set up in the past and how the truth commissions can be an effective system of alternative justice but ultimately fails before the efficiency of the criminal prosecution system

This research paper primarily focuses on various aspects of the role of Public Interest Litigation (PIL) in environmental jurisprudence. It seeks to understand the effectiveness of public interest litigation in environmental jurisprudence. PIL has started to impact environmental jurisprudence in the post industrialisation period. The influence actually commenced when they were no efficient laws for environmental protection which gradually induced public spirited citizens to speak for them. Because the environment is considered as inanimate things that cannot speak for itself. The concept of locus standi hindered a third party from approaching the court. Later it was the influence of Justice Bhagwati and Krishna iyer that paved way to the emergence of PIL. The locus standi principle was relaxed in 1970’s to tackle issues like child labour, bonded labour, sexual harassment, environmental protection etc . the courts approach in entertaining environment protection PILs were not so consistent in the early periods, this is because the country gave importance for developmental projects majorly than considering the issues with environment. The article is an attempt to understand how effective Public Interest Litigation is in environmental jurisprudence also the detrimental impacts of PILs. The low court fees of PIL compared to private litigation has led to PIL being misused to certain extend, development and other project which could have benefited the people are purposefully delayed using PIL as a tool as a result now Supreme Court is being flooded with PILs. It is a much difficult job for the PIL cell to determine the genuine ones from the others. Such senseless PIL poses a great threat and they have to be scrutinised well. Keywords; public interest litigation, locus standi, environmental jurisprudence

Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often the real loser- in fees, and expenses, and waste of time. As a peacemaker, the lawyer has a superior peace-maker the lawyer has a superior opportunity of being a good man. There will still be business enough. -Abraham Lincoln The large number of pending cases is one of the biggest challenges of the Indian legal system. The large number of pending cases not only delay justice but also create pressure in the legal system. India is a developing country with major economic reforms which results in the increasing number of companies and large number of disputes. Courts will not be able to bear the pressure of such large number of disputes and the justice system. As a solution for this problem Alternative dispute resolution provides alternative of dispute resolution in an effective way which is less costly and timesaving. This paper discusses the concept of Alternative Dispute Resolution mechanisms and how it has proven to be a useful alternative to the litigation process in India in detail. The following paper focuses on various mechanisms of alternative dispute resolution like mediation, arbitration, negotiation, conciliation, and Lok Adalat which are some of the effective mechanisms of ADR which allow the party to reach a satisfactory solution without spending much time and money. Access to inexpensive and expeditious justice is a basic human right

India is a country, divided in states and union territories, with a parliamentary system governed under the Constitution of India, which defines the power distribution among the central government and the states governments. The Prime Minister is the head of the Union Government while the Chief Ministers are the ruling persons in each of the states. To select persons who serve the people or rather who rule the people, there are Elections held on the front of the Union or Central Government and on the front of State Governments every five years. Elections in India are synonymous to the festivals which are basically celebrated on a large scale and wide spectrum. The largest democracy of the world with highest number of political parties, candidates and voters chooses its leaders in a grand fashion all organised by the Election Commission of India and different State Election Commissions. To the entire world it seems to be a sophisticated “Dance of Democracy” but in reality it is no more than a vulgar dance practice which is controlled by Money, Muscle and power. The election commission to save the elections from all forms of impurities and to maintain its sanctity applies the Model Code of Conduct with the notification of a particular election. Through this paper the author would attempt at understanding the MCC, its particulars and the procedure of its application. The author would also throw light on the legal enforceability of the MCC and the consequences when it is violated by a candidate and the political parties. The author would also attempt to look at the various rules of the MCC which helps the election commission in conducting fair elections in India and different states

For a long time, Insolvency and Bankruptcy Code has raised the issue of treatment of outstanding tax dues of the corporate debtor. The same has been answered in the recent Rajasthan High Court judgment in the case of “Ultra Tech Nathdwara Cement Ltd. vs. Union of India” , the Court rejected the claim of the GST Department stating that once a resolution plan is approved by the Adjudicating Authority, all dues and liabilities stands extinguished. The court while relying on Section 31 of the Code held that the Department cannot recover any amount over and above the amount stated in the resolution plan and such a plan becomes binding upon the Government Authorities once approved by the Adjudicating Authority

Haiti and Dominican Republic are two very different countries on one single island. If a person is born in Haiti, he is 2.5 times more likely to die as a baby than if he is born in the Dominican Republic. He’ll be 10 times much poorer and have a much shorter life expectancy when compared to Dominican Republic. “Dominicans don’t like the Haitian, we are never treated as equals” – Haitian Border Market Vendor. This senseless discrimination embodies the asymmetry that exists on this island. Haiti is poorest country in the Western Hemisphere and is prone to natural disasters due to the change in climate and French colonization. It also has a history of corruption and incompetent governments which in more than one instance have been overthrown either by the military or due to riots against the government. In recent years, the country of Haiti has faced a number of natural and man-made crises, some of which are still not resolved. Even after such extremely difficult humanitarian circumstances the Haitians face, racism and discrimination adds another blow to the condition of the local people. Such racism and discrimination comes from their only neighboring country in the island of Hispaniola, the Dominican Republic. The immigration policy and citizenship policies in the Dominican Republic has been changed in the recent years. The government is keeping an eye on the Haitians existing in the Dominican Republic by knowing where they are, what they are doing, how many there are through a ‘regularization program’, which basically a euphemism. This so called program is targeting anyone of Haitian descent, even citizens rounding them up and then deporting them. This paper is going to focus on the very core of racism and discrimination faced by the Haitians on a regular basis along with several human rights violations, the history of the country, the different crises that the country has faced and still facing, international aids by different countries and organizations and how beneficial such aids has been

The crux of coparcenary is a unity of ownership with the essence of unity of possession. No coparcenary can start without a common male ancestor, but after death may consist of collateral such as brothers, uncles, cousins, nephews. It is only an aspect of the law and cannot be proved by contract. However, an adopted son may be introduced as a member of the coparcenary. As soon as the common ancestor dies, the coparcenary of the brothers can be created. The 2005 Amendment in The Hindu Succession Act, 1956 with respect to Section 6 of the Act changes the whole idea of devolution of interest in coparcenary property by giving Hindus have the same rights as a coparcener as male Hindus. Prior to the 2005 Amendment, the position of Hindu women were very diverse, they were not treated as coparcener and they had no right to seek division.

Judiciary and Media are the third and fourth pillars of every democracy in the world. Every Country endeavours to balance free press vis-a-vis the provisions of a fair trial. The idea of live reporting via social media in India has been a matter of debate for a long time. Real-time updates of hearings on social media are today a reality. The bone of contention that this presents is that will live reporting violate the process of a fair trial? Keeping the importance of the same in mind the researcher by virtue of the paper aims The Relationship between Media, Judiciary and administration of justice along with the provisions of fair trial vis-à-vis freedom of media

The global pandemic Covid 19 brought many troubles in india as well. Almost every strata has-been affected from it whether it is organised or unorganised. The Covid-19 brought unbearable hardships for poors. The poors are most badly affected people of this Covid crisis. Several news, reports came after lockdown was imposed how people lost their jobs, mainly who were the daily wagers rickshaw pullers, fruits vendors, masons, labour at construction site. Despite bringing in the threat to life Covid-19 also brought economic hardships. In this research all the aspect of this crisis are analyzed and how they affected different community of this society. As well a survey is conducted to analyze the after myth and the view of theses peoples as well.

Investigating intensely, leading fairly without unduly favouring anyone, analysing and acting, constitute justice -Thiruvalluvar, a renowned Tamil philosopher A charge-sheet is ordinarily filed as a final report after the investigation is over. However, this was creating problems as the police often found further evidence after the filing of charge-sheet, but the courts were reluctant to accept the same once they took cognizance of the matter. Therefore, the need for amendment was felt and Section 173 (8) was introduced, which enabled the investigating agency to file further investigation. The Article explores the four significant aspects of Sec.173 (8) of C.r.PC. First segment elucidates the procedure which is to be followed by the Magistrate on submission of Charge sheet, Second deals with the scepticism between “further investigation” and “Reinvestigation” under the said provision. Next part clarifies the issue relating to the prior permission of Magistrate by the investigating officer before proceeding with “further investigation”. And last part contains the recent developments formulated under Sec. 173(8) through the landmark judgement of Vinubhai Haribhai Malaviya.

The above mentioned statement was made by the Martin Luther King Jr. in the context of discrimination between the blacks on the pretext of whites. The author of this paper has referred this statement in the context of the brutalities and violence that the fairer sex goes through on the pretext of the male gender specifically in households. Thus, if law cannot be used as a tool to generate love between a man and a woman it at least can save the women from the violence reined upon her by her man. Hence the justification of the Domestic Violence Act, 2005 passed by the Indian Government on 26 October 2006 with the view to make the woman’s life more humane and protecting her against domestic violence and crimes caused to her inside a family household. Domestic violence is undoubtedly a human right issue and serious deterrent to development. The Vienna Accord of 1994 and the Beijing Declaration and the Platform for Action (1995) have acknowledged this. The United Nations Committee on Convention on Elimination of All Forms of Discrimination against Women (CEDAW) in its General Recommendation No. XII (1989) has recommended that State parties should act to protect women against violence of any kind especially that occurring within the family. The paper therefore looks at the aims and objectives of the Act, and in this light, examines the concept of domestic violence as enshrined in the Act, the procedures and remedies that the Act provides for, and the issues that may arise in the implementation of the same.

That, every child deserves a peaceful and happy life, a child for his physical and mental development and to attain fulfilment of his personality needs a violent free, abuse – free, a proper socio – economic structure which caters to all the needs of a young mind. That, it is to be kept in mind that child abuse both physical and mental are a daily routine to be found among the vast majorities of our country. That, after independence of our country India, has made various provisions in its penal legislation to counter and contest every perpetrators of crime against child. It is to be mentioned that India is a signatory to the United Nations Children Fund (UNICEF), a fundamental agency oversees the child rights related issues all over the world. That it is quite a ghastly statistics for our nation that India experiences a formidable amount of child right abuse all over the country. That, the rights of the child are abused by the perpetrators who belong to the various socio-economic backgrounds and its quite unfortunate that substantial amount of child abuse are done by persons who stands in a close fiduciary relation to the child. That, India being a functional democracy is trying to arrest the menace of child abuse by recognizing child rights and enforcing its legal machinery and building strong institutions for children. Keywords – Child, Child Rights, Indian Penal Code, Fundamental Rights.

Starting from 1st October 2020, the GST (Goods & Service Tax) Council introduced ‘e-invoicing' or 'electronic-invoicing' for reporting of business to business (B2B) invoices under GST voluntarily. This standardized format has been implemented after rounds of discussions with industrial bodies as well as ICAI (The Institute of Chartered Accountants of India). Having this standardized invoice format under GST-eco system allows e-invoices to generate from one software to be read by another, hence, eliminating the need for manual data. ‘E-invoicing’ or ‘electronic invoicing’ is a system in which B2B (Business to Business) invoices are authenticated electronically by GSTN for further use on the common GST portal. Under the electronic invoicing system, an identification number will be issued against every invoice by the Invoice Registration Portal (IRP) to be managed by the GST Network (GSTN). Invoice information from this portal to both the GST portal and e-way bill portal. It will eliminate the need for manual data entry while filing GSTR-1 return as well as generation of part-A of the e-way bills. An e-invoice raised by a trader can be read by computer systems using dynamic QR code up or down the supply chain. The consumers can also integrate the data on their systems. The introduction of this in India will also enable the real-time tracking of invoices which in turn enables easy reconciliation of credit for the buyer, and minimizes tax evasion. Until now, GST returns had to be filed by manually uploading data. This new reform will reduce data entry and the resulting errors, and automate the return-filing process. Thus, this articles focuses on the concept of E-invoice, manner of issuing E-invoices under Rule 48 of CGST Rules, 2017, it’s applicability, benefits, its process, E-invoice schema and so on.

In this paper, the author has explained the definition of Bailment as defined under S. 148 of Indian Contract act,1872. The author also explains various ingredients necessary to form a contract of Bailment and important precedents surrounding it have also been examined. In this chapter, the authors discuss the nature of bailment, duties of the bailee, classification of bailment, rights and liabilities of a bailee, spiritual aspects of the bailee and finally they put concluding remarks. In this chapter descriptive and analytical research methodology has been applied to critically analyse the concept of the law of bailment. As the paper proceeds, the paper specifically focused on Ss. 151 & 152 that forms the duty of reasonable care by the bailee towards the bailor. The paper dwells into the intricacies of above-mentioned sections and analyses it along with judicial precedents and gives a perspective of how the meaning of same lines have been interpreted differently along the years.

“KASHMIR” as a subject in India evokes a sense of insurgency and consistent skirmish. The area has always been a bone of contention between two countries that is India and Pakistan. With the constant bloodshed and identity politics being played in the area the people as well as, both the countries on a larger end suffer on economic, political, social as well as humane terms. There were three major wars of 1947, 1965 and 1999 (Kargil War) which were fought for Kashmir and protection of Indian borders. India in the past has had a defensive approach, with this agenda and to secure the people of Kashmir and provide them with their autonomy, Article 370 was inserted in the constitution that was recently abrogated in view for further integration of the Jammu and Kashmir natives. Israel and India recently have developed a nuanced understanding of the diplomatic relationship. But history shows that both countries have been drastically different in their approach while dealing with their conflict zones. Historically, West bank (Israel) has been a struggle point for Palestinians and Israelis. Palestinians in this area also contest for their identity to be recognized. The area has seen several wars. West Bank became a part of Israel after six days war from Jordan. Since then there has been an identity crisis. Palestinians have been contesting for the land of West Bank. Both these countries have had their share of struggles for a peaceful solution which is yet to be determined.

The impairing link constructed by the societal structure which conventionally views the profession of 'Prostitution' as a necessary social evil has ultimately led to the creation of socially dysfunctional children reinforcing them to destitution and plaguing their future with the darkness of the same profession. The basic rights of the child such as education, food, shelter, clothing, safe environment for growth and development are a misnomer when the children of sex workers are taken into consideration. The present article aims to highlight the miserable plight of the children born to sex workers who are denied their childhood and suffer relentlessly with no fault of theirs. In eyes of fairness, it is said that the child rights under the Indian legal system are equal for all children irrespective of birth, however in reality the norm is just a theory drawn up to satisfy the social manifestations. With the growing times, it has become all the more clear that the toothless legislation and lack of initiatives on the social work intervention have been the major reason to force the children of the brothel to live the same fate as their mothers. The failure to meet the constitutional commitments towards these children under Articles 15(3), 21, 21A, 17, 23, and 24 have made Indian Constitution lose its veracity to meet the principles of natural justice

The Citizenship (Amendment) Act, 2019 (CAA) has been the center stage of political debates and community protests. CAA was widely slammed for being anti-muslim in its scope and thus contrary to the secular ethos of the Indian State. However, a number of its wider and greater implications were overshadowed by the “majority-minority” aura surrounding it. The aim of the article is to analyse one of such implications of CAA which has not attracted much debate or thought. The “Dreamers” i.e. the innocent children of illegal immigrants in India who will suffer under the dual hardships of CAA as well as the existing Citizenship Laws of India. This article aims to analyse the human rights violations of such “dreamers” in India under CAA and citizenship laws in the light of their possible expulsion/deportation. It offers a perspective of USA’s DACA and the surrounding human rights debate over its cancellation and the governing jurisprudence which Indian courts can rely upon in deciding the constitutionality of CAA and expulsion/deportation of “dreamers”. Research Question and Objective: Whether the international human rights regime and jurisprudence of American DACA, help in protecting the rights of “Indian dreamers” from being violated under CAA, and Citizenship Laws of India as far as their expulsion/deportation is concerned.

The author has attempted to portray the realities of the ADR mechanism in India. The alternative dispute resolution machinery is plagued by various troubles which have been highlighted in the article. Emphasis is placed on the legislative intent on enforcement of arbitral law and the reasons as to why it is frustrated. The flaws and drawbacks of the Act and its adverse effects are underlined. The intertwining and similarities between the ADR and judiciary are striking; this has caused severe problems and has shaken the very foundation of ADR. The author calls for cohesive action plan to overcome these obstacles

India is a Union of States, this shows that it is federal. Though it is not ideally a federal country, it has certain features incorporated that make it a federal one. Therefore, India is Quasi-federal in nature. Further, it also has asymmetric federal features i.e. the constituting units of a federation have unequal power in the political, fiscal and administrative spheres. The best example for this would be State of Jammu & Kashmir (now Union territory) which is a de jure asymmetrical arrangement in India due to the existence of Article 370 of the Constitution. J&K choose to remain a unit of Indian federation only on the terms and conditions specified in the instrument of accession. The State of J&K has been accorded asymmetric status under Indian federalism because of the peculiar circumstances under which it acceded to the union of India

Women’s use of violence in intimate relationships is not well understood. This study examined women’s violence concerning their male partners ‘violence against them. This study spot the categories and range of domestic abuse experienced by men, to decide whether there's a connection between male casualties of aggressive behaviour at home and therefore the physical and passionate parts of the maltreatment. This text gave an understanding of how men will be influenced by brutality and how it'll tail them for the rest of their lives. On male adult facing sexual assault (ASA) and its effects on fathering that was distributed somewhere in the range of 2001 and 2018. The goal is to offer male victims of domestic abuse a chance, share their encounters on aggressive behaviour at home and its effect on their regular daily existence. Ignorance is the main problem we face in violence with male society is the main reason for the progressive increasing rate of different forms of male rights violation. Despite the information accessible, proposing savagery against men, no law to ensure men is yet to be framed by the assembly

Over the last several decades, the question of the principles and practices required to accommodate minority groups in national systems has become a focal point in international discourse. This phenomenon should come as no surprise, given that ethnic homogeneity within a state is becoming a rarity. The protection of minorities is one of the oldest concerns of international law. The root of the minority problem lies in discrimination, oppression, exclusion and denial of identity. These issues pertaining to minorities have been addressed by states individually and as part of larger international society by devising different systems. The protection of minority rights has perhaps never been as relevant as today. This paper thus, seeks to understand the present state of minority rights in international law. The paper addresses the central question of minority rights discourse as to who is a minority and why it is important to arrive at a consensus for the definition of the term. It then seeks to explore the need of minority rights. It also briefly traces the development of minority rights in international law and outlines its main content in detail. Given the ultimate goals of justice, equality and well-being for all human beings, developing a favourable and constructive legal system for the accommodation of racial, ethnic, religious, cultural and linguistic minorities in national and international systems is indispensable. The paper further reviews existing international law and other legal frameworks regarding national minority rights, including discussions of the specific case of indigenous peoples’ rights. Creating a system of participatory equality entails, for most states, making drastic and fundamental changes to the state’s legal system, public spaces, social and economic structures. Thus, the paper tends to put light on the fact that the realization of full and effective equality for all citizens and residents within a multi-ethnic state requires “participatory equality.” Only when a nation’s legal system secures the rights of all citizens to share equally in all of these domains can that nation fulfils the purpose of international minority rights legal bodies and deliver substantive equality to majority and minority concerns, both in law and practice.

There is a worldwide need for movement towards alternatives to judicial decision-making for legal disputes. In India, the most dreadful problems faced by the judiciary is the pendency of cases. Thus, with an aim to address the pendency of cases and bearing on mind the maxim "Justice Delayed is Justice Denied" the Indian legislators have introduced several legal mechanisms accelerating the criminal procedure. The most important among them are the guilty plea and sentence bargaining which came into force in 2006 by the Criminal Law Amendment Act, 2005. This article provides thorough research about the concept of sentence bargaining, types of sentence bargaining, and its impact on the criminal justice system with judicial pronouncements. The objective of this work is to analyze the Indian model of sentence bargaining and make suggestions that may be conducive for making it much more acceptable and effective in the Criminal Justice System of the country

Mental and Physical well-being of a person has a close impact over an Individual’s personality. The rate of mortality has increased over the years and these impacts have alarmed the human race. It is high time for us to understand that for survival and progress we have to maintain good health. If we talk about personal hygiene as measure to maintain good health we can overcome ordinary ailments which can be caused due to lack of hygienic habits, however there are many diseases which can’t be prevented as they are out of any Individual’s control. The Individual does not possess any regulatory powers or authority to deal with such ailments but the state agencies are well equipped to prevent and deal with them. It is legal responsibility of the State Authorities to take care of the right to health of an Individual in a welfare state. As envisaged by the constitution makers the betterment of the community depends on maintenance and the enhancement of public health should be high priority task for the State Agencies

Transgenders have been discriminated and maltreated from the very beginning in all the aspects of life. They are the citizens of a country and are just like every other individual out there, so why so much of discrimination and inequality among them? They must have access to all the rights that is provided to every other individual in general. The authors of the paper have tried to cover maximum about their history and what all obligations the trans face in various fields. This paper also talks about some important rights that has been given to the transgenders and there have been citing of various landmark case laws along with the judgement. The authors have tried to explain in the simplest form about how there’s a violation of the Articles of The Constitution of India. Further, this paper also contains a part which speaks of a few of the recent achievements of the transgenders

The scope of Article 21 of the Indian Constitution which secures two rights namely, Right to Life and Right to Personal Liberty had widened its scope and has been interpreting the right to life from mere physical existence to include finer values of life and right to proper healthy livelihood and the right to personal liberty has been interpreted to include right to privacy, right to travel abroad and various others. The framers of the Indian Constitution kept in mind the basic Human Rights and by the influence of the Universal Declaration of Human Rights (1948) provided for the protection of life and personal liberty of every citizen. Article 21 is available to both the citizens of the country and also to the non citizens, the reason behind this is that, Article 21 is safeguarding the basic human rights and such right shall apply without discrimination of any sort including citizens or non citizens. Traditionally the Article had a narrow interpretation, but with time and more wide interpretation of the Article and by applying the purposive construction approach of interpretation whereby the purpose of the creation of the statute is kept in mind and taken in consideration, Article 21 is being interpreted in a very wide scope. The court moved from a traditional pedantic approach to purposive approach in constructing the right to life and right to personal liberty under the constitution. Article 21 is omnipotent and cannot be suspended even during the period of emergency in the country. Article 21 does not merely exist in the paper but is kept alive and vibrant so the country can provide for absolute dignity and basic Human Rights to the people as it was intended by the framers of the constitution

This paper critically examines male rape in India. The male rape is not recognized in law. The male rape is a prevalent issue in society that can have profound number of negative effects on a victim. We are thinking about protection of women from sexual violence, rape and other sexual exploitation and we have enacted number of laws for them. What about the protection of males and boys? How can we protect their dignity and respect from the attack sexual assault and rape? There is a stereotype in the law and society that a man cannot be raped by women.

Sexual and reproductive rights are certainly one of the most basic pedestals of human rights. They encompass the essential rights that every being deserves, such as the right to have the autonomy, independence, and complete authority over one's body and the consequent actions as well. These rights must also include the rights to make independent and erudite choices on matters revolving around sexual health, preferences, and rights over reproduction. Most of all these rights must be endowed with the protection and immunity from the stereotypes and stigmas, that the society has been continuously throwing upon those subjected to conflicts in these matters. Amongst the vast array of sections of the human race, who are concerned with the same, through our paper, we hope to bring the women with disabilities under the spotlight of our research. We have chosen the aforementioned section, as we believe that they are even more suppressed than the others due to their physical inequality in general as well from the dimensions of reproductive perspective, parenthood, financial, and economic and legal background. We would be therein, discussing key factors of relevance such as the sufferings that women face for being born a woman, moreover a woman with a disability, in the light of their rights to sexual and reproductive independence, being oppressed. We will also be examining the shift in the cycle of accountability concerning this issue from the perspectives of answerability, liability, and responsibility and the reasonableness and practicability of enforcement. And they say of the 'Convention on the Rights of Person with Disability (CRPD)’ on the same with highlight to the optional protocol which in its current status quo has ordered, there be an investigation only in the event of the grave and systematic violations of its norms.

The concept of intellectual property (IP) was developed during the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works treaties of 1883 and 1886, respectively. The intention was to provide legal protection to novel intellectual creations, including industrial novelties and accomplishments of art. Industrial IP law entails patents for novel inventions and trademarks for branded products. Research and development, and advances in biotechnology and bioinformatics have resulted in massive advances in medicine. As a result, the synthesis of new drugs has taken a turn following the incorporation of patent law in these developments to protect the novel formulas and protocols involved. The culminating effect is a drug-market monopoly and exorbitant pricing of modern drugs rendering them inaccessible to developing countries and poor populations in developed countries. Importantly, the actual tragedy is surrounded by the inequality between high and low-income countries in acquisition of essential drugs to curb infectious and emerging diseases, particularly in sub-Sahara Africa and some parts of Asia. A global crisis in relation to health has emerged with escalating deaths occurring yearly for treatable or preventable diseases. The rising costs of drugs and medicines, coupled with changing economic policies and trends in the global market has advocated the awareness on the role of patents in drug pricing. It is in this regard that the World Trade Organization (WTO) was developed to establish trade liberalization and standardization. More importantly, the reduction of trade barriers in the global market is coupled with patenting, and the definition of minimum standards of intellectual property explained in the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, introduce a contest with respect to their influence on public health. This article seeks in-depth understanding of the existing legal measures influencing access and affordability to drugs and medicines. Moreover, this article will critically evaluate the effectiveness of these legal measures and postulate the establishment of equitability and equality in public health interests and the rights of patent-holding companies.

Rape! Section 375 of Indian penal code defines a term rape. Rape has now become a culture that we have to live with. Nowadays, the term rape has lost it effects of being seen as a crucial thing and injustice to women. Writing a article named Rape is quite similar and very often that people can ignore,like these articles comes when an heinous Rape occurs. Rape is one of the India's most common (note very common') crime against women. It is reported that every 20 minutes, a woman is raped in india. Has India become the unsafest place for women? Let's move to the statistics now, by a report only 10% of rape is reported and the conviction rate is only about 24.2% but the occurrence of a rape is about 43% in all over India. 'rape' as a clearly defined offence was first introduced in the Indian penal code in 1860. Prior to this, there were often diverse and conflicting laws prevailing across India. The codification of Indian laws began with the enactment of the charter act, 1833 by British parliament which led to the establishment of the first law commission under the chairmanship of lord Macaulay. The commission then decided to put the criminal law of the land in two different codes. The first to be placed on the statute book was the Indian penal code formulating the substantive law of crimes. This was enacted in October 1860 but brought into force on January 1, 1862. Rape, the heinous crime which is still occuring in our society even after the many rape cases that shook the country and new laws has been passed but still the situation is not changed a bit. Recently the young women in Hathras, Uttar Pradesh who have been raped brutally and dead are breaking millions of hearts in the country and several protests have been taking place in favor of it. Where is the country going? Can a woman feel safe anymore? Can a rape be stopped? It's raising a ton of questions but no one has an answer to all of it.

Surrogacy in normal parlance is a understood as a form of contract where the consideration lies in the delivery of the baby for which the delivering mother is paid. The recent developments in technology has paved way for surrogacy to be used on a commercial basis. This involves payment of hefty sum of money as income to the surrogate for the service offered by her plus any expenses incurred in her pregnancy and surrogacy is thereby looked upon as a business opportunity. It is sort of a business transaction where the consideration is delivery of the baby. This commercial usage was particularly prevalent in the Indian scenario where due to excellent medical infrastructure, high international demand and ready availability of poor surrogates it is reaching industry proportions. this has in recent times paved the way for certain problems. women who choose to become surrogates are often subject to unethical treatment, poor living conditions and they only earn a fraction of what the surrogate companies charge due to their illiteracy. this has led to a popular terming of commercial surrogacy as “baby factories”. Although commercial surrogacy is proposed to be banned as per the surrogacy bill passed in the Lok Sabha in 2019, the prospective effects of the same are not to be forgotten. This research paper focuses on whether as to the such ban on commercial surrogacy would be effective and points out the problems in this regard and the possibility of a regime of regulation of Commercial Surrogacy

Globalisation is a concept that has been at the forefront as the main factor in business life during the last few years. This element has widely affected the business life, economy, community and the environment it exists in, in many different manners, and these changes have also left a huge impact on almost all the corporations. Globalisation has penetrated in the entire world, making economies adapt and change accordingly in order to meet the demands of both the domestic and international markets and entrusting the government of the nations with the responsibility to protect their economy and domestic market from collapsing. Corporate governance refers to a system of rules, regulations, principles, processes and practices by which a firm is effectively directed and controlled. In India, the Government found it extremely crucial and significant to respond to the rapid development of opening up of Indian economy that was taking place in 1991 after adopting the LPG policy and so to pace the Indian companies with the global platform, initiatives recommended by certain committees got prominence. The Confederation of Indian Industry (CII), the Associated Chambers of Commerce and Industry (ASSOCHAM) and the Securities and Exchange Board of India (SEBI) established certain committees to recommend initiatives in Corporate Governance which have been discussed in the paper along with the corporate governance Indian legal framework and the landmark case of Satyam Scandal. This research paper studies the relationship between corporate governance and globalisation in Indian context. The laws and regulations in India need to be framed keeping in mind the Indian scenario, that will be best suited for the country. After the enactment of the Companies Act, 2013, the new norms have facilitated the growth of Indian firms and brought them in line with international standards.

Bangladesh became independent in 1971 and after going through long periods of political turmoil finally became a parliamentary democracy in 1991. Children Act – 1974, which was based on some old laws of Bengal and some elements from Cr.P.C of Pakistan, of which Bangladesh was a part, did not provide a comprehensive code for juvenile justice. According to this Act, a child is defined as a person under the age of 16 years. The provision related to the trial of the juvenile is stipulated in the Criminal Procedure Code of Bangladesh itself. The Children Act – 1974 stipulates that, on arrest of the child the police is required to inform the parent or guardian of such arrest and also specify the date of appearance in the court for the same. Further, when a juvenile offender is arrested for a non-bailable crime and cannot be presented in the court, the concerned police officer may release him/her on bail. The juvenile offender is to be detained in remand home or a place of safety until brought before court, in case the bail is not possible. Bangladesh, in view of being one of the earliest signatories of UNCRC, was committed to bring reforms in its Children Act and consequently a new act, Children Act – 2013, has been promulgated which is in line with CRC guidelines. The child is defined as a person up to 18 years old. The Act has provisions for Child Welfare Boards, Child Affairs Police and Probation Officers, Establishment of Children’s Courts and Child Development Centres and Certified Institutes and Legal Representation The present article shall deploy doctrinal methodology to enlighten the “Juvenile justice system” prevailing in Bangladesh. The study aims to identify the loopholes in the juvenile justice system of Bangladesh and shall suggest suitable amendments required to make the law relating to juvenile justice system effective and efficient.

Limited Liability Partnership Act (LLP) was introduced in India in the year 2008. It is a corporate body and has separate legal personality from its members and it amalgamates attributes of both companies and partnerships. This a conjunction of the provisions of both Partnership Act and Companies Act. The objective of Limited Liability Partnership is coherent. It protects the partners by providing the shield of limited liability in case of wrongful acts or omissions of the other partners. Furthermore a LLP is correlative to general partnership for the purposes of taxation which goes around with the flow – through system. A LLP provides ingenious and cost effective benefits in comparison with the other forms. This research paper elucidates on various aspects of Limited Liability Partnership regarding its emergence, nature, benefits, financial outlook and legal position as well as its loopholes to be met with. Keywords – LLP, Liability, Partners, Business, Taxation, Companies

Mother Nature has bestowed us with natural resources but at the same time the disasters that have been caused by the environment in forms of earthquakes, cyclone, tornadoes have caused great amount of havoc and turmoil to the Indian Subcontinent. India, is one of the countries that has been a victim against catastrophic events due to its geo-climatic conditions; man-made caused debacles which have further aggravated the tragedies, as those fundamentally affected are the poor, labourers, children and the rural areas. The natural disaster renders men to lose their economic status, shelter and sometimes even their family. The under developed and the developing countries are mostly the ones that get severely affected due to such natural disasters and the impact on the country’s economic, social and cultural status sometimes become irreparable. The sneaking threats of environmental change and its massive impact on the event of natural disasters incited the global community to go for a reworking of the disaster management system in all parts of the world. At the global and the national level, there has been significant concern over common catastrophes. Thus to meet such exigencies India has formulated certain legislations that help to recuperate the loss and destruction caused by the natural disasters .The Disaster Management Act 2005, was enacted by the legislature to provide relief to the victims of the disasters and that minimum standard of relief is provided to the citizens of the country. This paper aims to focus and examines the Indian legislations and the Constitutional provisions that have been enacted to minimize the damages from, and counteract such natural disasters and also the loopholes of the laws that exist in its implementation. Keywords – disaster, legislations, constitutional provisions.

The book “Half the Sky:Turning oppression into opportunity for women worldwide” by Sheryl WuDunn and Nichols Kristof is a wake-up call in this situation and is an eye-opening kind of book. This book is a bold attempt by the author where he speaks out the hands-on experiences of women facing problems across the world. This book covers the plight of millions of women that gives a vivid and passionate report regarding the diverse situations where women around the world are oppressed and struggling to survive and to maintain minimal human dignity which is an important human right. The question that bounces in the minds of every reader of this book would be, Do people like them really exist? This book in addition to addressing the problem gives the remedy for the same and aims to achieve the humanitarian goals across the globe.

Every civilized society in the world recognizes and provides for discretionary power of pardon in its legal system to be exercised as an act of grace by its functionaries. This power is provided to promote the humanity in criminal law system prevalent in the country. The eminence of administrative discretion has created a jurisprudence of non-interference by the judicial branch in exercise of such administrative discretion. But lately Indian Courts following the footstep of US Supreme Court have started to judicially review the pardoning power of the Executive whenever there is glaring injustice, unfair and arbitrary use of such power is visible

Labour Markets form an essential element for the growth of economy in the country. It had been over decades that the country had been following old and stringent labour laws where flexibility was a very vague concept. The paper focuses on the need for flexibility in the Labour markets. The old Labour Laws had very little scope for flexibility in the Labour Markets and such had grievous result on the growth of economy. Due to the stringent laws the employers kept less number of employees and the size of the establishment also used to be small, which in turn attracted less investment. All in all, the whole market was falling. Hence reforms in the Labour laws were very much needed and thus the following paper also outlines the recent reforms of the Labour Law code by the Union Government. The reforms have been made keeping in both the employee as well as the employer in mind. Also the reforms have been made with the aim to simplify the complex labour laws by merging various state and central labour laws, with the aim of have more growth of employment as well as investment. The paper also deals with the former labour laws and how they were different when compared with the new Labour Laws

India, a country that has an age old principle of practicing ‘Atithi devo bhavah’ , literally translates to ‘Guest must be treated like Almighty himself’ suggesting the underlying forces of the host–guest bond which exemplifies the customary Indian Hindu-Buddhist beliefs of worship of the guests just as God. India has hence applied the same principle of humanitarian safeguard to refugees and asylum seekers despite not being a signatory to international legal documents such as the Convention Relating to Status of Refugees, 1951 nor has a domestic, legal instrument to deal with the refugees. India has followed a very liberal refugee policy by implying provisions of existing acts in the state such as the Foreigners Act, 1946, Passport Act, 1920, Citizenship (Amendment) Act, 2019 along its own arbitrary arrangements. Nonetheless, the absenteeism of a refugee explicit regulation has attributed to the country’s fickle standing in South Asian political affairs and the menace of terrorism encountered by it. India notwithstanding its legal apprehensions, chiefly in the past couple of decades, and the stress of over-population and demographic imbalance has attended to hamper economic balance in the state, as India carries on taking a humanitarian view of the problem of refugees dealing with them without constructing a mandate that is both in favor of the refugees and the state. The essence and subject matters of the United Nations and International Conventions on the topic have, by and large, are inculcated by both the executive and judicial involvement. India has progressed to maintain a practical equilibrium amid human and humanitarian commitments but has failed to evolve the security and national interest so far.

India has a long history of settlement of disputes outside the formal justice delivery system. The concept of parties settling their disputes by reference to a person or persons of their choice or private tribunals was well known to ancient India. Long before the king came to adjudicate and disputes were quite peacefully decided by the intervention of the kulas, srenis, pugas and such other autonomous body. During Mauryans the king was the head of justice there were special courts in the cities and villages presided over by the pradeshika, mahamatras and rajukas. Dharmasteya- is a type of court where civil matters are resolved. In Mughal period most villages resolved their cases in the village courts itself and appeal to the caste courts or panchayats, the arbitration of an impartial umpire (salis). In British period modern arbitration law in India was created by the Bengal regulation law in India was created by the Bengal regulations of 1772, 1780 and 1781 were designed to encourage arbitration. The Arbitration Act of 1940 was enacted replacing the Indian Arbitration Act of 1899. It amended and consolidated the law relating to arbitration in British India and remained a comprehensive law on Arbitration even in the Republican India till 1996. In Post-independence 1982 settlement of disputes out of courts stated through Lok Adalats. 2nd round of amendment in 2005 and 3rd round of amendment in 2015 came. It is of various types- mediation, conciliation and negotiation etc.

“The purpose of this article is to gain a better understanding of the impact of incarceration on victims who are unlawfully incarcerated or prosecuted; relevant legal provisions i.e. reviewed the laws existing in the western countries and India. The proposed exercise has also attempted to know as to what are the consequences of wrongful prosecution. Are there any laws regarding this issue? A systematic probe into some of these questions has been made in the study. The issue has been examined in the light of significant cases and judgements. Finally, the study also took a critical view of the existing provisions and at those which have been recommended by certain authorities. Besides, the study also endeavoured to recommend some effective solutions and ways to curb or eliminate this problem. The article has critically analysed the various instances of this problem in our country and has also reviewed the data of National Crime Records Bureau and the literature documenting the 277th Law Commission Report to gain information about the relationship between wrongful prosecution and increase in the number of under-trial prisoners year after year”

In order to curb the exploitation of the farmers at the hands of scrupulous market players acting as middlemen and agents for trade of agricultural produce, the new farm legislations were enacted with the sole object of providing the farmers the opportunity to choose the seller and enter into contract farming and thereby receiving remunerative prices for the agricultural yield. The new farm legislations had removed the trade barriers for sale and purchase of agricultural produce and provided platform to the farmers to sell their produce through electronic mode. In this way, the farmers have been given greater autonomy and freedom in selling their produce by opening up the agrarian economy for healthy competition

Irrespective of how women were stereotypically perceived during the olden days, one cannot dissent from the fact that women and men today are (ideally) equals. Women all over the world have struggled and accomplished abundantly more than the previously set records. After the countless years of oppression, there was an imperative need to frame international instruments catering to recognition of women’s rights as ‘human rights’. This ever-increasing need for a certain set of codes led the United Nations to create the Universal Declaration of Human Rights, Committee on Economic, Social and Cultural Rights, Convention on the Elimination of all Forms of Discrimination against Women and many more instruments that worked towards dealing with safeguarding rights of women and advocating gender equality. Conversely to this effort, women’s rights still remain subject to inclusion and effective implementation in many parts of the world. Even though the public outcry for enforcing the concept of gender equality has taken a global and all-encompassing embodiment, gender equality remains a mirage to many. This is largely due to implementation problems such as the herculean cultural, social and economic gaps faced by the countries that have ratified these instruments. This article attempts to succinctly discuss the instruments arrayed for gender equality and women’s rights. Furthermore, it also delves into the models that are adopted transnationally to implement the instruments mentioned above and traverses the challenges that are presented in the course of implementation. Lastly, this article proffers suggestions that could be inculcated in the current implementation process to overcome the challenges faced

The basic objective of the legal system is to maintain the peace and order in the society and to fulfill the idea of justice as mentioned in the Preamble of our Indian Constitution. In the case of the violation of the rights of the person. Offences can be of civil as well as criminal nature. In the civil cases the dispute can be settled by various modes by following the outside the settlement procedure. In criminal cases also there are cases which are minor and are of compoundable nature. But because of the trial processes these cases remain pending in the courts thereby leading to the huge pendency of the cases. The accused in such types of cases are sometimes the first time offenders and due to the trial process they are being kept with the hardened criminals which can affect them. So, in order to reduce the pendency of such cases, the concept of Plea-Bargaining has been introduced. It is a process which tries to reduce the burden of the courts. It is method of pre-trial/negotiation between the accused and the victim. This paper has tried to laid the emphasis upon the use of plea-bargaining as one of the modes of Alternative Dispute Resolution for serving the two purposes i.e. one for disposing off the criminal cases of petty nature and secondly as a ray of hope for under trials

Women in India from the medieval period to the present has seen inequality in Indian society. The intersectionality is in full swing while the ancient Indian Vedic period mentioned women the divine mother. The rule of the Muslim dynasty was one of the contributors to change Indian society and to look at women as slaves or personal objectives. The Hindu prejudice such as sahamaran, sati, purdah (veil) destroyed the section of women and thus created rules for them to become quiet, and to accept their path as a fate of life. While in ancient India, in Indus civilization, Vedic India the status of women was a mother of everyone. It is about a form of masculinity, a society where women are under control by her intimate partner, by her husband. The social reformation process since independence is a great impact on India's diaspora but is contradictory as well due to continuous practices of abuse. Dowry death, domestic violence (beating by husband, partner, family members etc.), child marriage, societal violence (isolation from society, untouchability, recognition as unlucky, witches etc.), female foeticide, and female infanticide, forced eviction and exclusion, sexual harassment at the workplace etc. The objective of the paper is to find out their struggle from the midlevel to the present, government action to re-establish their rights legitimately. The outcome of the paper is to get success to know women's history of struggle not only in India but as universally. The feature question of the paper is, how the meaning of women properly understandable through society? The future activity of this paper is to share communities for ensuring that women are not objecting but institute, nations that depend on future citizens and they come from the womb of women. Therefore, inelegancy must be eliminated. It is therefore an effort through this paper to understand women and their entity in Indian diaspora included global society. The feature question is, is there any possibility of a permanent solution to the women's challenges in India?

The United Nations Conference on the Human Environment, 1972 was the starting point for India’s legislations for ecology, environment and biodiversity. Following this Conference, the Parliament of India enacted a number of comprehensive legislations relating to water, air and forests and wildlife and, thereby, initiating appropriate steps, in this regard, to implement the decisions taken by the Government of India in the said Conference. The role of the judiciary was very crucial in this phase. Because the judicial interpretation of Article 21 of the Constitution of India, in its historic judgement delivered by the Apex Court in the famous Maneka Gandhi’s case, was the epicenter of evergrowing environmental jurisprudence of India. Facts remain that the pronouncement of the Supreme Court on the “right to live” which accorded a new dimension, to the “right to life” became a judicial breakthrough in the area of environmental protection in the post Maneka Gandhi cases involving issues of forests, wildlife and biodiversity. On the foundation of the “affirmative duty doctrine” enunciated in the Maneka Gandhi’s case, the Supreme Court enunciated the theory that it is open to the Court to enforce the duty implied by Article 48-A through the device of issuing directions under Article 48-A through the device of issuing directions under Article 32(2) of the Constitution. The pronouncement of the Supreme Court of India made the Directive Principle of State Policy contained in Article 48-A judicially enforceable. In the famous Oleum Gas Leak Case, the Apex Court while rejecting the “rule of strict liability” introduced a new rule called the “rule of absolute liability” for the industries engaged with hazardous activities. The Supreme Court, while taking recourses to an ecocentric approach to environment, started passing directions for the protection and preservation of fragile ecosystems including forests, wildlife, wetlands, mountains, rivers, hillocks etc. The Apex Court also declared the “public trust doctrine” as an integral part of environmental jurisprudence of India in a number of public interest litigations involving issues of ecology and environment. The Court recognized the citizen’s “right to live in a healthy environment” as a solidarity right emerating from Article 21 of the Constitution. Apart from that, the “right to information concerning the environment” was also recognized as a basic procedural human right. According to the Court, this right promises environmental protection essentially by way of democracy and informed debate. A strong argument, in this regard, is that the democratic decision making always lead to environmentally friendly policies

The World Intellectual Property Organisation mentions traditional knowledge as “indigenous cultural and intellectual property”, customary heritage rights as well as indigenous heritage. Some innovation and creation are based on tradition referring knowledge system that is transmitting from one generation to another through people and their territory. It is necessary to protect traditional knowledge for establishing equity consideration, preserving traditional culture and practices, preventing unauthorized parties appropriation of components of traditional knowledge and promotion of its use in development. It is very much indispensable to incorporate global legal instrument so as to give effective protection to traditional knowledge, cultural expressions and genetic resources. Thus the members of the WIPO agreed upon to develop a global legal instrument for helping members outside the local community threshold to access traditional knowledge. The “Copyright Act, (1957)”, was passed to protect the creations of artists such as literary sources, music and art. Moreover, there were specifications regarding the protection of traditional knowledge in Article 31 of the UNDRIP Convention. The report stated that the role of the members of the WIPO was to put emphasis on developing international legal structures such that creative inventions and works of the creators could be protected. Legal structures of IPR were designed such that traditional knowledge of the local indigenous people residing in multiple belts of India could be protected. The report highlighted the implications of traditional knowledge of Indian economic growth. Moreover, the ecological traditional knowledge of natives of the rain forests led to the development of the market economy. Some probable recommendations were also suggested by the researcher. The researcher recommended that technical advice is to be circulated among community members and representatives should be encouraged to participate in meetings organized by the WIPO agency

GST which was termed as the radical indirect reform regime which came into force on the mid night of 1st July 2017 was termed as the ideal example of cooperative federalism. GST was an attempt to bring about uniformity in indirect taxation in India which suffered from the multi layered imposing structure and cascading effects. The change was not easy as there was no concurrent power of taxation under the constitution. So after the101th constitution amendment in 2016, GST was implemented to form ‘’one Nation, one Tax’’ to make India internationally more competent and to enhance the intra national trade and commerce to develop the GDP of the country. The drastic changes in taxation regime could be successfully implemented only with the corporation of the States. The states were worried about there revenue loss while changing over from an origin-based tax structure to a destination-based taxation. The Centre promised the states to compensate initially for 5 years to cope up with new system. But now at amidst the pandemic of Covid 19 both the Centre and State is suffering a huge economic loss. The financial crisis of the states is augmented by the Centre’s decision to stop the payment of the GST compensation which was due to the States. This has certainly and truly effected the Centre -State relations and the ‘’federalism’’ the one among the basic feature of Indian Constitution. Turning back at the States at times when they need the most may disrupt the working of GST, the indirect tax regime which was already struggling to exist

Rural Development is a process which aims at improving the well-being and self realization of people living in the rural area. Fast economic development in any country to a greater extent depends on the rural development and it assists the economy to grow at a fast rate and sustainable in the long run. The paper revealed that rural development does not means only increase in the per capita income in the rural settings, but also many improvements in their quality of life such as better health, education, housing, food and nutrition facilities, etc. Punjab is one of the highly developed states of Indian economy thanks to the success of green revolution strategy started in the mid-1960s and small scale industries. The state has become a leading contributor to the country food grain’s basket. The basic objective of this paper is to analyze the various issues related to the development of rural areas of Punjab. It also suggests ways and means to overcome the challenges of rural development. It also suggests workable strategy to create new opportunities of gainful self-employment for the rural families, especially to the disadvantaged sections of society by ensuring sustainable livelihood, enriched environment, improved quality of life and human values. To achieve these goals, the paper states that there is a need for co-ordination among various government agencies and other institutions engaged in the rural development. This will also help in minimizing the rural-urban gap in terms of basic infrastructural facilities essential for ‘sustainable rural development’ of a region like Punjab

Subordinate Legislations or Delegated Legislations have become an inherent and inseparable part of administration. Modern governments seem to be relying increasingly on the rulemaking power vested with them to quicken the pace of decision making and circumvent the hurdle of time that is most commonly seen in the traditional law making system. This system, despite its wide acceptance and common use today, did not always enjoy such a position. Delegated Legislations have, over the last many years, exhibited an evolutionary curve that has witnessed questions over their correctness and legality. These questions have cut across the in the context of the doctrine of Separation of Powers as well as the context of excessive governmental power or abuse of power. This paper attempts to study the history, evolution, and the present status of delegated legislations in India, the United States of America, and the United Kingdom.

“Every human being is born with something known as sex and it depends upon you, how you recognize and discover it.” The golden thread that runs through the schemes of equality of the Constitution of India is that 'all citizens must enjoy their life and as human beings they must have equal opportunities to grow '. India is a land of distinguishing cultures and religion and has a gender biased society. Since ancient times the Indian society has recognized only two genders i.e. male and female and the populace which do not fall within these two categories remained the neglected part of the society. But with the passage of time there has risen a need to give such populace a separate identity. Transgenders are the ones who are hardly researched, scorned, abused and callously ignored. It is crucial to determine the gender to which one person belongs as it is intrinsic to their right to dignity and self-determination. In this paper we will come across the harassment suffered by the transgender community by the police officials and public. The sectors in which they are neglected. This paper will put a light on the socio-economic status of the transgenders. Due to ignorance the problems faced by them. The various rights recognized by the court and various directions given by it to the government. The separate gender identity given to this community

The doctrine of the veil of incorporation is a legal notion that alienates the personality of a company or a corporation from the personalities of its shareholders, subscribers, and directors. The corporate veil protects all the abovementioned ilk from being personally liable for the company’s debts, obligations, and other encumbrances. The Indian courts, in their plethora of rulings, held that the company is a separate legal entity. But, this concept of piercing the corporate veil has been widened with the passage of time which allowed the courts to exercise their discretion to the extent of sporadic scope. This research project analyzed and assessed the aftermaths of widening discretion of the courts to pierce the veil or not. To my utmost surprise, I discovered that the broad discretion of the courts to pierce the veil resulted into uncertainty and ambiguity in situations when the court was buffeted by the responsibility of bringing out the corporate predictability and clarity

The poverty is a state in which human being is not able to maintain basic resources required to maintain minimum level of lifestyle, the term lifestyle covers primary issues to human existence such as food, clothing, shelter, as well as byproducts/secondary issues which directly come from the primary issues such as: physical existence of a human being and mental health. On further bifurcation we understand that physical existence covers physical health, level of nutrition, level of hygiene, level of living conditions and mental health covers emotional, physiological, educational needs. India is a patriarchal society and hence the gender element makes it extremely difficult and harsh for such women who are crippled in this vicious circle of poverty to easily make a fulfilling life. Keeping this in mind the aim of this paper is to evaluate the real fundamental problems of poor women, we shall also discuss whether law has benefited and improved the lives of the poor women living in poverty. the life of a poor women is full of compromise and it extends even to the point where it negatively affects their physical as well as mental health more negatively in cycle of poverty, despite many legislations are present but the process of litigation is expensive and when the question of making ends meet dominates all other problems such women often suffer in silence. Poverty starts discrimination in discrimination when a poor women is just a girl child and in between somehow that girl child tranforms into a women with sight full of hopelessness, we shall discuss these aspects with respect to law and also discuss the impact of implementation of law with respect to women.

Compensation to the victim of crime by the individual or by the state gaining much importance now days. However, it has been observed that mostly Fundamental Rights provided to the citizens in the Constitution are being violated by various governmental agencies in exercise of their administrative powers. In some cases, the Fundamental Rights of the victim which are infringed may be restored, but in each and every case as well as in every circumstance the restoration may not be possible. In such situation compensation in terms of money for the suffering has to be granted. Article 32 of the Constitution of India confers power on the Supreme Court to issue order or direction including writs whichever is appropriate for the enforcement of Fundamental Rights mentioned in part III of the Constitution of India

Adhering to the socialist model, and subsequently, aiming to accelerate and improve the socio- economic revolution persisting in the late 80’s, the Supreme Court of India fashioned an activist role since the commencement of PIL, simplified the complex procedure and completely changed the landscape of the Indian legal system. Public Interest Litigation, arising out of dire necessity to preserve and protect the rights of the backward constituents of the society, has observed a steady transgression from a tool of use to a weapon of abuse. Delving into its genesis, the authors study its birth in the Hussainara Khatoon case, the agenda and the ideology behind it, only to observe its systematic dismantling and limitless expansion, and the consequent, abuse deliberated by the Court in Balwant Singh Chaufal case. The research paper, therefore, through a thorough understanding of the jurisprudence of Public Interest Litigation in India, coupled with its practice and expansion, seeks to exhibit and analyse its stance and standing in today’s system, in context of the latter’s inception and its propounded features and rationale. The authors conclude with optimism, hope and trust towards the subject, its flag bearers- the judiciary and the masses, while devising methods and suggestions to protect and further the jurisprudence of Public Interest Litigation

Manual scavenging is an unclean work in which humans are engaged to clean or dispose of waste including human excreta. Manual Scavenging still exists in India. They are engaged in cleaning work under the authority of corporations, municipalities and railway administration nowadays. The various programmes had been launched by our Indian government to eradicate the manual scavengers as well as to rehabilitate manual scavengers. The humans still carry out basic sanitation works in rural and urban areas. Even though various steps had been taken to eradicate these types of practice, it is still in vain. There are several obstacles in the way of eradication and rehabilitation of manual scavengers in the name of caste, illiteracy, poverty, unawareness etc. There is no proper implementation of the acts relating to manual scavenging in Tamil Nadu for eradicating these types of practices. The eradication of manual scavenging is still the continuing challenge. No one should be forced to do manual scavenging as well as there should not be any discrimination relating to work otherwise it shall be treated as violation of human rights and constitutional right of a manual scavenger. Manual scavenging is a grave social evil, in violation of human dignity and all principles of decent work. Manual scavenging represents some of the worst surviving forms of both caste discrimination and dehumanizing forms of work. The study is to analyse the problem in eradication of manual scavenging in Tamil Nadu

The global coronavirus pandemic has affected almost every part of the human domain around the globe. It has taken countless lives and changed livelihood of many. What came as a boon from the app for India was the excess need for the implementation of the Data Protection Bill. A lot of countries brought forth contract tracing app as a strategy to tackle the pandemic and following the footsteps India too brought such an app called “Aarogya Setu” meaning bridge to health. The app was brought under the National Disaster Management Act, 2005 which works as an umbrella clause for the government to take action in times of pandemic and national disasters. The paper discusses the legal framework behind the app and the loopholes surrounding the same. There have been various privacy concerns in relation to the app such as use of Bluetooth and GPS, liability clause, data breach to name a few which are further elaborated. Justice Srikrishna headed the committee to draft the Data Protection Bill, 2018. A critical viewpoint of Justice Srikrishna has also been discussed in the paper. Once the pandemic is over what will be the aftermath of the app?, whether the app is a result of an executive action or a legislative one?, is the app in consonance to the provisions of the IT Act and the Data Protection Bill?, are countries implementing a similar approach? Are some question which are addressed in the further segment of the paper. The paper ends with some conclusion and recommendation which can be brought forth thus instilling a trust factor in the citizens of the country.

Since 2015 onwards the European Countries have been receiving a large influx of refugees due to the ongoing Syrian Crisis and many other international events that are going on in the world. The European Union has taken several steps to accommodate these refugees and has given several guidelines to manage the influx. Different countries of the European Union are still facing problem due to such huge influx and is thus taking up measures that are favorable for them owing to the present conditions of the country in every field. UDHR has a constant check over these countries in their endevour to fulfill the international obligations. This article brings two such country of the European Union namely Netherlands and France and seeks to compare their refugee policy keeping in mind the Human Rights principle laid down by the UDHR. The article also prescribes the better option for the refugees among these two countries.

Delay in providing possession, lack of transparency between the promoter and buyer, with embedded corruption and many other factors was the bitter reality of the Real estate sector in India. This is the second most emerging sector in India in terms of employment and market share. On 1st May 2016, an act named Real Estate Regulation and Development Act, 2016 was passed with the aim to remove hurdles in buying properties and safeguarding the rights of the consumer. Under this Act, a Real Estate Regulatory Authority was established for regulating the multi-facet problems. The real estate sector was like an unruly horse which was moving in all directions. But the final nail in the coffin came with the formulation and implementation of RERA. This paper aims to build a contrast in the pre and post RERA India. In the pre-RERA India, there was no exclusive forum to deal with the problems of the real estate consumers, other than consumer courts or civil courts, which owed the delay grappling the issues. The Indian contract act, 1872 and the consumer protection act, 1986 used to deal with the real estate sector problems. This paper envisages to explore the impact of REAL ESTATE REGULATORY ACT, 2017

Surrogacy is a term used for the cases where couples who are unable to have a child rely on another woman who acts as a surrogate mother to carry their baby. Surrogacy was first introduced in the year 1980. And was legalized in India in the year 2002. But as the year progressed the GOI noticed some flaws and misuse of Commercial surgery. Observing this ICMR introduced some regulations to prevent the exploitation of surrogacy. As the years progressed several amendments were made to the bill. In the year 2015, the Government of India banned the practice of commercial surgery and also barred the foreign nationals, NRI’s from participating. According to a survey from the UN in the year, 2012 India was declared as the “World Capital of Surrogacy” and was known as the Cradle of the World. The iconic case of “Baby Manjhi Yamda vs. Union of India” where travel documents for a baby of Japanese parents who was conceived and born by an Indian surrogate mother revealed several flaws in the surrogate bill which further led in the several regulations of the act. In the latest Surrogacy Regulation Bill the key points focused were on facts such as the term defining infertility was revised and the process of commercial surrogacy was banned only a close relative of the couple would be eligible to become a surrogate mother and also post-delivery 36 months was defined where the couple needed to care of any medical complications that arose from the pregnancy of the surrogate mother. Even after all the amendments in the bill, India has still a long way to go to curb the presence of malpractices and misuse of surrogacy.

The need for state involvement in matters of international trade is indispensable. Without the intervention of the state, the ability of parties who belong to different legal systems to enter into contract, keeping in mind a plethora of cultural, linguistic and religious differences, is utterly hindered. Especially when taking into consideration, the growth of international trade and the lack of a forum that is unaffected by borders, the question of deciding the appropriate Lex Causae arises. Yet even so, private entities have dealt with these problems without the intervention of the government. This practice by private entities holds its ground as a crucial element for the growth of international private law. The practice is referred to as ‘Lex Mercatoria’, or merchant law. As time progressed, the relevance of Lex Mercatoria has changed. However, the scope of the applicability and importance of Lex Mercatoria can be used as a catalyst for change in matters regarding international trade laws and hence the importance of studying Lex Mercatoria for seeking reforms in international trade cannot be disputed.

“Beginning in the 1800s with the Industrial Revolution, when women started to go into the formal workforce, leaving working at home to working in factories, countries realized they needed to do something. And they started to pass paid maternity leave” - Jody Heymann. Maternity Benefit is one of the essential concepts in case of a working woman. Motherhood is an important and a challenging job which could be done only by women. In the modern world many women have started to go for work and it is essential to provide them with maternity leave so that they could take care of their children and also their health. The Maternity Benefit Act was passed in 1961 to provide various benefits to women that includes paid maternity leave and maternity leave up to 12 weeks. In March 2017 Central Government had amended the Maternity Benefit Act thereby making some changes to the original Maternity Benefit Act, 1961. In this Article the author would like to state the object behind providing maternity benefit and then going through The Maternity Benefit Act, 1961 and then describing about the Maternity Benefit (Amendment) Act, 2017 with its advantages and disadvantages.

It is unfortunate that even in the 21st century the knowledge about menstruation is quiet little. The people in the society still consider it to be dirty, unholy and unclean. Today, unfortunately it is only a very small percentage of the society that discusses about periods openly. Women from the past few decades have entered the workforce and many young women are still entering and building up their carrier. After struggling for centuries, women are now getting opportunities in various fields of their interest. But even today, a concept like period leave has not been implemented through the laws. It is important for the people to understand the need of period leave. The period leave would benefit the women health wise. Now, the common mistaken fact is that, the period leave would affect the development of the organization and the country economically. Here it is important to understand that developed countries like Japan, have already implemented period leaves through its labor laws few decades ago and it has not affected the development or economy of the country. The Indian Constitution also guarantees that the state can make necessary provisions for the benefit and upliftment of women. There are some misconceptions about the period leaves that, it would stigmatize periods. Implementation of period leaves would rather remove the taboo on Periods. Women who because of painful periods are taking leave under sick leave can now openly and confidently take leave for periods. Menstruation is not a sickness. Although the policy has certain loopholes like, whether the period leave taken is genuine or not or is being missed by the employee. Definitely, the employer would require to find out solution regarding the same. The legislature in the year 2017 had introduced Menstrual Benefit Act, 2017, however it is still pending in the legislature. Such statutes should be drafted in a way that it fills all the loopholes and turns out to be beneficial for women and transgender as well as the employers.

In the gift age of economic process and technological developments, the overriding requirement for endurance within the society is “education” because it creates hope and plays a vital role within the method of the growth of personalities. The importance of education can't be denied in one’s life. It sustains the human values that contribute to the individual and collective well-being. It forms the idea for long learning and evokes confidence to face challenges. It provides the talents for people to become additional independent and alert to the proper opportunities. It additionally enhances the power of people to act passed through and additional well-read voters. The education is that the key that permits individuals to manoeuvre up within the world, ask for higher jobs, and ultimately achieve their lives. So, education is incredibly vital, and none ought to be empty it. By analysing this writing, we will without delay comprehend, why education and “RIGHT TO EDUCATION” is very important and required. This paper additionally throws light-weight on the RTE act throughout COVID-19

A Significant population of India lives in villages and for millions of people agriculture is not the ‘mode of business’ but the ‘way of life’. It’s the lifeline of not only the person attached to it, but for whole country. Agriculture being the most important part of the Indian economy not only provides food, but is also the biggest employment generating sector. However the saddest part is that the people attached i.e. farmers, who are the flag bearers are one of the most deprived classes. Various reforms happened in past but nothing much changed. Per hectare production increased, but what didn’t change was the condition of farmers. Irony of the situation is, the farmer who is bringing foods to our plates is not getting sufficient on his plate. The present system was not helping them to even fetch their basic needs, thus resulting in increased suicide rates among farmers. So the sitting government felt the need of some reform in the system and they came up with three farm bills which are Essential commodity (amendment bill) 2020 Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act 2020 and Farmers' Produce Trade and Commerce (Promotion and Facilitation) Act 2020. Since the day these bills came into existence they continue to remain a part of the headlines. Farmers don’t seem to be very impressed with the same. They were burning in the fire of anger, protests were happening everywhere. Keeping the situation in mind the researchers tries to analyse all the three bills in detail. Policy analysis in detail is the main aim of this paper. Researcher focuses on every aspect of the bills like the benefits and loopholes present. The researcher also tries to give some useful suggestions which can amend the loopholes

The Muslim Women (Protection of Rights on Marriage) Act, 2019 draws its roots from the centuries old Islamic law and presents an alleviating stance on the condition of Muslim women in India. Muslims are a minority in India and the current act looks promissory in the front of being a symbolical representation of India’s stand against gender discrimination. This piece of legislation is regarded way ahead for the Muslim women as it tries to correct the wrongs perpetrated against them and thereby end the various forms of discrimination. The old scriptures and texts act as solid evidence that women in Islam had a strong footing and were considered equals to their male counterparts. But the translations throughout the years change all of that to males overpowering females and the laws being biased. The Muslim Women (Protection of Rights on Marriage) Act, 2019 presents a threshold of laws to deal with every single principle which is prejudiced in its essence

The law of the treaties is based on the principles of “pacta sunt servanda” which means that agreements are to be kept. It is one of the basic principles of international law that treaties must be performed in good faith and are binding. Article 26 of the Vienna Convention on Law of The Treaties reiterates that treaties are meant to be adhered to in good faith. Bilateral or multilateral treaties and agreements have been the most apt and amicable way of addressing disputes between the nations. These treaties lay down rights and obligations of the parties and the course of action required to ensure de-escalation of the dispute. Yet there have been numerous instances where the treaties and agreements have violated for individual interests of nations. In significant number of cases, such breaches jeopardized the international peace and security. This can be ascribed to the inefficient enforcement regime and insignificant repercussion for such breaches. This has grossly limited the relevance of the law of treaties and the principle “pacta sunt servanda” has been rendered nugatory. This research paper attempts to throw light upon the lacunas in the existing regime of the United Nations regarding the breach of treaties. It also attempts to put forward suggestions and reforms to strengthen the obligation of aggressors.

In the modern era where growth and development should be the prime concern, people are also concerned with crime and violence against woman as it is increasing day by day. The progressive society needs some progress in their mindset as well, in order to eradicate such crime against woman. The following research paper deals with woman being the victim in the society. Although there have been various laws formulated to protect woman but unfortunately the offenders get par with it. There are also various reasons for violence against woman and this has also been outlined in the paper. Despite the violence we lack for solutions regarding such. The also outline the reasonability of punishment and the theories of punishment followed in India and what should have been followed. The crux of the following paper is dealt under the sub topic of punishments for different rape provisions, categorizing two groups of punishment and also dealing with the recent amendments of the laws. The misuse of powers by the competent authority and also the demand of speedy trial for the victims has always been an issue of concern and have been outlined below as well. The proper use of power, awareness of different laws and their penal provisions, as well as a proper sense of morality and enhanced punishments for offenders which only can only put a cap to such crime and violence against woman

For decades, the Democratic People's Republic of Korea - more commonly known as North Korea - has been one of the world's most controversial countries when we talk about human rights. This research paper focuses on a critical analysis of the past, present and prospective stand of human rights in Democratic People's Republic of Korea aka North Korea. The approach followed during the research is mainly qualitative and expository in nature, it consults area studies, social science, law and journalism, while it observes recent past and current North Korean human right violations and their responses. When we talk about human rights, we usually think of social and political freedoms such as the freedom of speech, freedom of access to electronic media and freedom of political participation. But human rights primarily refer to 'the right to live as the common owner of one's society.' There is no human right more important than the right to life. Above all else, a human being must be guaranteed the basic conditions to feed, clothe, house and support oneself in order to survive. Thus, the value of the paper lies in its explanation of why and how the use of human right is violated and abused by the government of a democratic country such as North Korea and how the violation pf such rights lead to a situation of chaos and consequential threat in the current pandemic.

A big hindrance for women to live a healthy and fulfilling life is often due to the power relations within the society that primarily stems from traditional school of thoughts and operate at all levels of society. Therefore, it is not only important to introduce and implement laws that protect and support women empowerment and promote gender equality, but it is more important to bring about fundamental shift in people’s thinking and beliefs so that women are empowered and gender-equality is realized through a collective social effort, rather than through forced legislations which would render women empowerment and gender equality spurious. It took decades to supplant the value systems of patriarchy with the attributes of empowerment and uncover several fissures in our societal structure. We are aware of this fact that the empowerment process will not occur overnight and we must acknowledge the little success that we have attained so far. Despite of having abundant legal machinery which tends to illustrate number of legislations to protect women’s right, there is a huge gulf between the enactment and enforcement of such laws. Women are still subjected to the same atrocities and injustices. Due to the underlying nuances of the male dominant structure, women in general face restrictions in terms of mobility, access to proper healthcare and education, limited decision-making authority and are more susceptible to violence, curtailing the effectiveness of these policies. The rationale behind this paper is to highlight the vulnerable and disadvantageous position of women in the society and it strongly suggests that the government must work incredibly hard to reform women's current position and attain gender equality, which will have a positive spillover impact on the country's sustainable growth

The subordinate judiciary is the kingpin in the hierarchical system of administration of justice. A heavy responsibility lies on the trial judge to build a solemn unpolluted atmosphere in the dispensation of justice. Judicial officers do discharge a very sensitive and important constitutional role. Judicial officers must aspire and adhere to a higher standard of honesty, integrity and probity in their judicial life. The first and foremost quality required in a Judge is integrity. Honesty and integrity are regarded as the hallmarks of judicial probity. Dishonesty is, thus, considered as the stark antithesis of judicial probity. It is well recognized that Judicial service is not merely an employment nor judges merely employees, rather they are holders of public offices of heavy trust and responsibility. A Judge is judged not only by his quality of judgments but also by the quality and purity of his character. They cannot act even remotely unworthy of the office they occupy. Thus, for a democracy to thrive and the rule of law to survive, justice system and the judicial process have to be strong and every Judge must discharge his judicial functions with integrity, impartiality and intellectual honesty. It is high time that the judiciary took utmost care to see that the temple of justice does not crack from inside, which will undermine public confidence in the administration of justice system. The paper is an endeavor to examine the trend of the Supreme Court on the integrity of the judicial officers for ensuring an efficient and accountable subordinate judiciary in the country.

The application of Res Judicata cannot be ignored in the garb of giving protection to fundamental rights. People cannot keep filing as many writ petition as they like and take one or two points every time. That is clearly opposed to the public policy on which the very idea of Res Judicata is based and would amount to harassment of opposing litigating parties and wastage of court’s precious time. It would dilute the doctrine of finality of judgements and would bring the legal system to a haul. This paper would analyse the intricacies of Res Judicata and the principles on which the doctrine is based. For the purpose of determination of application of the same doctrine in case of writ jurisdiction under Article 226 and Article 32 of the Constitution of India in High Courts and the Supreme Court of India respectively, the author has relied on the case of Devilal Modi vs. Sales Tax Officer.

Hate speech has been globally recognized as a grave threat to the society. The issue of hate speech becomes even more serious in the present age of internet with the content reaching swiftly to a massive audience. Therefore, creation and circulation of online content has emerged as a new challenge in way of regulation of hate speech which becomes even more difficult in absence of an efficient legal framework. This calls for a legislative intervention to fill in the gaps in the existing laws. The Supreme Court of India has repeatedly emphasized upon the need for a new law regulating online hate speech in India. Besides, several reports have been put forward by the expert Committees and the Law Commission of India proposing certain amendments in the present laws. The recommendations, however, still remain to be followed. In this backdrop, this paper highlights the need for a robust legal framework covering modern forms of hate content proliferating on the internet in light of the developments taking place across the globe.

The mere fact that mediated settlement agreements are voluntarily entered into does not ensure that they will always be honoured. The lack of a harmonized approach to the enforcement of mediated settlement agreements proved detrimental to the growth of mediation. With an objective to enforce mediated settlement agreements, the United Nations Convention on International Settlement Agreements Resulting from Mediation (“Singapore Convention on Mediation”) was adopted by the United Nations General Assembly. The historic Convention recently came into force on 12 September 2020. The Singapore Convention on Mediation addresses the existing vacuum of enforceability and thereby facilitates resolution of cross-border disputes through mediation. This article discusses the scope of its application and the key elements of the Convention while also exploring its future implications on the mediation landscape. Further, it also seeks to analyse the Convention from an Indian perspective

The study of this article is based upon the conceptual and theoretical understanding on the subject matter of Right to Information and how the same helps in ensuring good governance of the organizations be it the government, semi-government or non-governmental organizations in holding the right person in authority accountable for their act of deceit and callousness. Right to Information being a basic human right available with every human being also discusses on how the right facilitates into public participation and how glaring is the subject of its awareness amongst the citizens of the nation for them being more responsible and participative in the transparent governance of various sectors. Furthermore, the article discusses the purpose and intent of legislating the Right to Information Act, 2005 and how prior to it the area was given a wide understanding under the Right to Freedom of Speech and Expression i.e. Article 19 of the Indian Constitution. In the part of conclusion, the paper provides certain recommendations and suggestion on ensuring active public participation in exercising this right which is both the duty of the government and the citizens in ensuring the same. Thus, the study of this article is hence forth based upon certain given set of rules, laws, widely accepted theories, radical judgements and the logical rational behind doing so

The formulation of laws and legislations in a society is paramount to promote peace and harmony and to shield individuals from becoming victims to the crime. The term ‘victim’ is wide enough to encompass the immediate kin or dependants of the direct victims of the crime and persons who have suffered harm or injury while assisting the victims in distress or to prevent victimization. A victim plays a crucial role in an offence and is an important component of the crime scene. Victimology is a part of criminology and is an emerging science that studies the crime from the perspective of the victim. For many decades the criminal justice systems around the world have overlooked and failed to notice the importance of victims in an offence. Many countries have realised the need to extend assistance and services to the victims of crime thereby a paradigm shift has emerged in their way of dealing with the victims, however, under the Indian criminal justice system, victims of crime have no inherent prerogative and are treated as mere witnesses for prosecuting and punishing the offenders. Compensating and compounding the victims are only considered as justice, apart from protecting them and their property from any harm. Though the system along with the judges has played a key role in the expansion of victim’s rights in our country, yet due weightage and importance are not heeded to them. Major changes and advancement focusing on the victim’s rights needs to be introduced in our justice system

This article sets out to discuss the conflict between the Intellectual Property Rights Agreement (TRIPs), 1995 and the Convention on Biological Diversity (CBD), 1992. Further this article also sets to analyze grounds for the existing conflict between both and grounds for such conflict. The main principle of this convention is that the local communities who are dependent from the biodiversity on their area must benefit from it and the emphasis on community as a whole is one generating grounds for conflict with TRIPs as TRIPs concerns itself with individual IP rights rather than communal. This article focuses on the two principles namely community rights and private intellectual property rights, upon which the CBD and TRIPs are founded respectively and which became the root cause of this ever growing conflict. Further this article also discusses the Indian stand as a developing nation in this conflict by analyzing the Biodiversity Act, 2002 and the Patents Act, 2005

The widely accepted definition of health is that given by the WHO in the preamble of its constitution, according to World Health Organization, “Health is a state of complete physical, mental and social wellbeing and not merely the absence of disease. And this Right to health is not included directly in as a fundamental right in the Indian Constitution. The Constitution maker imposed this duty on the state to ensure social and economic justice. The Constitutional directives contained in Articles 38, 39 (e) (f), 42, 47, and 48 A in Part IV of the Constitution of India ensure the obligation on the state to create and to sustain the conditions congenial to good health. If we only see those provisions then we find that some provisions of them have directly or indirectly related to public health. Thus the preamble to the Constitution of India, inter alia, seeks to secure for all its citizens justice-social and economic. It provides a framework for the achievement of the objectives laid down in the preamble. The preamble has been amplified and elaborated in the Directive Principles of State policy. But the question is whether these policies, schemes, and plans of government with regard to health care, reaching the lower sections of people especially scheduled tribes. Further, this paper will focus on aspects like health care policies, problems in implementing, center and states participation, aspects of healthcare, drawbacks in government policies, strategies to improve the approach of providing health care in tribal areas, etc

Money laundering has become the major cause of concern for the national economy in India. The prime legislation dealing with such activities is Prevention of Money Laundering Act 2002. Although the Act provides strict provisions for curbing the menace of routing illegal money, it also encroaches upon the rights of the alleged offenders. Seeking justice is every man’s legitimate right and any barrier in this journey demands analytical attention. This paper critically analyses the provisions of the Act in light of the principles of law of evidence. It engages in highlighting the inconsistencies between the evidence aspect of the Act with the well settled principles of law of evidence. Questions such as Whether Section 24 of the Act renders the principle of presumption of innocence ineffective or Whether evidentiary value attached to evidence under the Act is same as that under Indian Evidence Act, 1872 or Whether the statement recorded before the Investigating Officer under the Act is admissible evidence under the law, are taken up to find answers with an inquiry-based temperament. The analysis helps in understanding the need of amendments in the concerned Act to maintain interest of the society alongwith upholding general principles of criminal law jurisprudence especially with regard to the accused

21st Century has been the era of inventions. Inventions that have made human life tremendously more comfortable. We have witnessed the inception and domination of artificial intelligence. From scarce access to internet we have already reached the era of 5G. With this incessant rise, an alternate reality has come into existence. An intangible reality conducive to absolute anonymity. With all the good it brings it has also turned out to be equally fatal. With the rise of cyber world, along came stalkers, hackers, scammers and all sorts of miscreants and anti-legal elements. This has made the society vulnerable to cybercrimes. In this paper the researchers will be emphasizing on cybercrimes that take place against women. Women are easy targets for crimes online and are being massively victimised. Cyber bullying, voyeurism, sextortion, stalking are some of the common crimes committed against women online. With increase in cybercrimes privacy and security of women are hanging in thin air. The major objective of the research is to analyse the current scenario of cyber security in India and need for introducing specific legislations for the safety of women. Over the course of this paper the researchers would explain how the legislations are not being implemented. The major finding of this research is to highlight the necessity of bringing more specific policies and legislations against cybercrime. With increase in social media networks and private sites it is essential for government to bring specific legislations for every particular crime committed against women. Over the course of this research analysis will be provided over how number of crimes are not being reported because of conventional society and patriarchal mindset. Researchers have also studied the progress of government in fighting cybercrimes and also have listed valuable suggestions to fight this menace. The researchers have adhered to doctrinal mode of research with reference of bluebook mode of citation.

The present study is a detailed analysis of the events of January 19, 1990 when a large group of Kashmiri Pandits were forced out of their homes in one of the biggest exoduses in the history of independent India. The study comprises doctrinal and empirical research on the concerned subject matter and aims to address the gaps. The main objective of the paper is to find out the reasons behind this incident and it being a hushed down topic in the social and political discourse of India and why it was not addressed internationally despite the gravity of the crimes that were committed. The paper specifies the reasons of the eviction, the effects, governmental action taken at national and number of perinternational level and concludes with suggestions on how it could have been addressed better

Polygraph test is famously known as the lie detector test which is used by the law enforcing agencies to find the culprit. It involves noticing the change in a person’s blood pressure and heartbeat in order to figure out whether the statement made by him is true or false. Narco Analysis Test on the other hand serves the same purpose but the method used here is different. It involves administration of a drug under the influence of which the person answers the statements truthfully. With the evolution of science and technology these scientific tests have also been innovated in order to help serve justice better. The use of these tests by the law enforcing agencies sparked a debate across the world relating to the validity of these tests. There were proponents for these tests who argued that these eased the process of finding the truth and helped in putting accused behind the bars. The opponents of these tests argued that these tests were a violation of the Constitution and the principle of self-incrimination. They also argued that these tests were not reliable and also has the possibility of giving false results in few cases. These tests also did not take into consideration other factors like fear, stress and coercion or duress into account. Under any of these circumstances the person’s blood pressure or heart rate could increase, even if he was not lying. Hence, they argued that these tests should not be admissible as evidence in order to sentence a person. This paper tries to critically analyse the process used in these tests and showcase why they should not be used under the Indian laws to trace the accused person. It mainly highlights how these tests violate the Indian Constitution and hence should be rendered invalid in India.

In the context of the controversy on the Socially and Educationally Backward Classes 2018 Act as passed by state of Maharashtra, this paper aims to examine on how The Constitution (One Hundred and Second Amendment) Act, 2018 tried to take all the power of State legislature for the inclusion of classes under the heading “socially and educationally backward classes” to the hands of the president with inclusion of Article 342A and 366(26C) in the Constitution of India. In this regard a study on how the 102nd Constitutional amendment leads to obscurity concerning the division of power between centre and state regarding the power to inclusion of classes under “Socially and educationally backward classes” along with the brief of 102nd constitutional amendment, references on the situation before the 102nd constitutional amendment, purpose of the amendment and the report presented in parliament during the pendency of the Bill in parliament. In the light of Dr. jishri laxmnarao patel v. the chief minister of Maharashtra (Maratha reservation case) in which the Bombay high court gave the green signal to the Act passed by State of Maharashtra and stating that state legislative competence is not in any way affected by the Constitution 102nd amendment act and appeal to this pending in Supreme Court.

This paper traces the development of the legal profession in British India and since the departure of the British to analyze comparatively, the post of Barrister or as it was known in India the Advocate, and the Senior advocate in the contemporary Quasi-Federal Democratic Republic of India. The Barrister had entered India as an aristocratic lawyer with imperial patronage. However, the paper argues that the Senior Advocate is, in fact, despite the long-standing protestations of contemporary Indian Vakils, the echo or retention of the erstwhile post of the Barrister. Particularly the position as obtained in the last days of the empire after the reforms of the late 19th century, wherefrom the English Barrister had materially converged with the native Vakil as an officer of the Court but specialized in pleading. Whereas for most of the early 19th century the Vakil had been a junior practitioner of law in the lower courts, by the end of the era he had transmogrified into a more fully-fledged lawyer led by eminent Indian vakils elevated to the post of Advocate (Barrister). The Barrister at once in danger of merging and disappearing altogether with the unified single practitioner under the newly emerging all India bar instead reappears as the Senior Advocate along with the Advocate as a junior practitioner and the Advocate on record as a specialist in acting, much like the erstwhile solicitor, as was considered beneficent to the Indian legal profession by the 14th Law Commission

Blockchain Technology and Artificial Intelligence which are predicted as the future game-changer are in its budding state like exactly how the present-day internet was in the early nineties. This extremely dynamic technology is potent enough to erase all the present irregularities which the internet was incapable to solve to date. If implemented in the right way assisted with proper framework, Blockchain, and Artificial Intelligence technology are proficient to eliminate the two major nightmares of present-day internet users, i.e. Trust and Intermediaries. By avoiding the intermediaries, people find an easy way out from the massive commission and service charges which otherwise went to the pockets of the intermediaries. Countries like Mauritius, China, Japan, Canada, and UAE have understood the potential scope of the blockchain and artificial intelligence technology, and they are progressing over it with several advances to enable and transform their economy as a blockchain-powered economy. Thereby transforming the internet powered economy to a blockchain-powered economy which is more secured to use with much ease than the former and enabling, ‘peer to peer’ transaction instead of the previous ‘peer to intermediary to peer transactions’ with zero losses of money. Due to lack of understanding, the general presumption is the scope of blockchain is limited to Bitcoin and Cash transactions, but in fact, it has a wider and broader application that is still underutilized. Our paper critically analyses and suggests a remedy for several complicated issues prevailing in India related to data collection and also analyses how the artificial intelligence where used utilized to tackle many issues during the pandemic deploying blockchain as a solution by exploring certain unaccustomed applications of the same. The technology innovation in a situation like a pandemic had made people realize its benefits and the future ahead.

​While there are a number of international investment agreements (IIAs) signed till today but maximum of them fail to provide guidance as to how human rights, environmental protection should be included in and addressed in context of investment protection, protecting the right of the people of the host- state. Arbitral tribunal have been for a long time faced disputes which touch upon these issues or sometimes the disputes directly concern issues like environmental protection and human rights, they are still reluctant to address the investor-state dispute with respect to these matters. And due to this there are many instances where the human rights and environmental protection has been compromised to give levy to the investor at the cost of the rights of others. The relationship between human rights and trade is one of the central issues in the 21st century. Investor- state agreements are considered venture and property insurance and that is why the investors do not want to sign an agreement which hampers their free working environment just like including human rights as it in some or the other way restrict certain act as we can observe in the Ethyl case

Discrimination is such a disease, which can never be nullified or brought to zero. Human beings themselves are naturally in elusion under the light of discrimination; it all starts when with one look in the mirror, for the very first time. As per the Oxford Dictionary definition, discrimination is said to be defined as ‘the unjust or prejudicial treatment of different categories of people, especially on the grounds of race, age, or sex’. Just like every other thing in this world, on an average, the term discrimination also happens to trace its origination from the 17th century, which also explains the fact, that the act of discriminating between people had started way before the 17th century.

Goods and Service tax is a new generation tax. It is multistage, comprehensive, destination based levied by both Centre and State Government simultaneously. The GST has revolutionized India's indirect tax structure. Therefore each and every sector of our economy have faced some impact of GST. In the present paper we will be discussing about the impact of GST on different stakeholder in Real estate sector with special emphasis on residential and commercial sector. Real estate industry is an important industry from the point of view of the Indian economy as it alone contributes between 6-8% to India’s Gross Domestic Product (GDP). This sector alone controls demand and supply of more than 100 materials like cement, steel, ply wood, sand, etc. Therefore it becomes very important to evaluate the impact of the new tax regime on the real estate sector

Right to Self-defense is recognized as an inherent right of sovereign states in the realm of international law. Under Article 51 of the UN Charter, the member States may resort to the use of force as: i) a self-defence against an armed attack or ii) if use of force has been authorized by the Security Council. However, exercising right to self-defence comes with its own limitations. This paper is an attempt to understand the concept of self-defence, its theoretical and legal dimension, and study its application and exceptions. The paper further provides an insight into two key concepts: legitimate right to self-defence and pre-emptive self-defence under international law. Moreover, the paper looks into different case laws decided by the International Court of Justice (ICJ) in relation to self-defence. Various secondary sources like books, research articles, and journals has been studied for the purpose of writing this paper

The COVID-19 pandemic has made the biggest disturbance of instruction frameworks ever, influencing almost 1.6 billion students in excess of 190 nations and all conti-nents. Terminations of schools and other pick up ing spaces have affected 94 percent of the world's understudy populace, up to 99 percent in low and lower-center pay nations. The emergency is fueling previous educa-tion variations by decreasing the chances for a significant number of the most weak kids, youth, and grown-ups – those living in poor or provincial territories, young ladies, exiles, people with handicaps and coercively uprooted people – to proceed with their learning. Learning misfortunes additionally take steps to stretch out past this age and eradicate many years of progress, not least on the side of young ladies and young ladies' instructive access and reten-tion. Some 23.8 million extra youngsters and youth (from pre-essential to tertiary) may quitter or not approach school one year from now because of the pandemic's monetary effect alone.

The influence of advertisements on consumer choice is undeniable, and that is why advertisements should be fair and truthful. Advertising is a must for economic growth but should not be allowed to mislead. Misleading advertisement distort completion and also consumer choice. The Consumer Protection Act, 1986 (now Consumer Protection Act, 2019) does not have any provisions which specifically deal with misleading advertisements. However, they do prohibit “unfair trade practices” and provide for remedies for such cases. Advertisements may be brought under these provisions; however, they are not sufficient to deal with all the aspects of advertisements, which might require regulation. As opposed to India, a number of foreign legislations have specific laws dealing with advertisements. Therefore, this paper aims to make a thorough and comparative study of ethical and unethical advertisements, unethical advertisements which leads to misleading advertisement and identify the hurdles to achieving the basic objects of the consumer welfare legislations to control misleading advertisements, and find out the solutions for the same.

Acid attacks in India are increasing day by day, and the woman who survive it, is forced to live as an outcast. India Today Data Intelligence Unit (DIU) has found that, there have been around 1,483 victims of acid attacks between 2014 to 2018 in our country. As per the National Commission of India acid attack is “any act of throwing acid or using acid in any form on the victim with the intention of or with knowledge that such person is likely to cause to the other person permanent or partial damage or deformity or disfiguration to any part of the body of such person”. Acid attacks are the most atrocious form of violence, especially on women. It can also be called as the gender-based violence against females. Disputes over land, dowries, marriage or love proposal rejections, inheritances etc., often create resentment because of which women are traumatised, disfigured, shamed and outcasted every day for no fault of theirs. Acid attacks kills rarely, but causes severe physical, social and psychological complications. The easily available inexpensive acids make the attackers to use it as an ideal weapon against a female. Most commonly used acids under this crime are sulphuric, nitric and hydrochloric acid. This paper aims in highlighting the horrendous effects that acid attacks have on the innocent women and explains how acid attack affects survivors’ bodies, minds, and social and economic security

The Indian Constitution is a very active and brilliant structure under the branch of Sovereign, Socialist, Democratic Republic, Secular.Social Economic, Justice, and Political are the esteemed purpose to attain all the citizens by undeviatingly increasing its spread through the objectives but to giveaway, all of these to the people there should be no interference of religion, place of birth, sex, race, caste and socio-economic backgrounds, this can only be done by the Judiciary System of India.The architects of the Indian Constitution felt that there is a need for Independent Judicial systems in-country while drafting the constitution. Dr. B. R Ambedkar was the chairman of the drafting committee at that time, he insisted that the judicial system of the country should be independent to execute and also be capable by its very nature.

Rape is a sexual assault which involves but not limited to sexual intercourse and other forms of sex-ual penetration without the consent of the person or against the will of the person. It can be carried out by physical force, abuse of authority, coercion or against someone who is incapable of giving a valid consent, in the meaning that the person is unconscious, has a disability or has not attained the legal age for consent. In 2019, India recorded an average of 87 rape cases and a total of 4,05,861 crime cases against a women, which showed approximately over 7% rise in the cases from 2018. Laws are being amended on regular basis to protect women in India but every law made seems to be ineffective when women get raped in India. Various schemes and policies were also im-plemented to provide safety and security at places where women feel unsafe. From minor to aged no women is safe, there are various instances where a toddler has been raped by someone and at the same time it is not shocking that a 70+ years old women is raped somewhere in India. Reasons may be numerous but the whole nation failed to protect safety of women in India. In November 2019, a 27 year old girl was raped by various drug addict youngsters and was burnt to get away with the crime they committed. In August 2020, a 13 year old minor was raped and killed by 2 men of her own village. The very recent Hathras Rape case was the latest case where a girl was raped and it resulted in her death. The case is under investigation but the issue remains the same “RAPE”. The Researchers in this paper are focusing on the very famous Mathura Rape case which forced the all 3 organs of India to act and come up with new legislations

This article focuses mainly on Fashion models and problem faced by them due to improper Drafted Modelling contract. Modelling said to be a one of the highly standard profession. Whereas, many people thinks it’s an easy way to do modelling but doesn’t know the darker side of modelling profession. So I focused on one of the major darker side of the profession where most of the budding fashion models caught into. Fraudulent Model Agencies said to be the evil side of the Fashion Industry. Models should necessarily know how the modelling contract should be. Always aware about the modelling agencies they join and sign in .These awareness plays vital role in modelling profession.

“The Constitution of India empowers the Legislative body to create laws for the nation and it is the intensity of the chief to manage and execute the law created by the legislative body. This is an agreement with the doctrine of separation of powers. Notwithstanding regularly institutes enactments containing arrangements which draw in the executive government or determined bodies or officeholders, or the legal executive, to make guidelines or another type of instruments which, given that they have appropriately made, have an effect of the law. This sort of law is insinuated as "delegated legislation." This provision looks like a noteworthy encroachment of the doctrine of separation of powers. This doctrine of separation of powers has been commonly ensured by a structure for the parliamentary control of executive law-making. It is accessible to parliament to give upon anyone it loves the powers which it has yet of the parliament delegates legislative power to other dominance i.e, executive, it must ensure that those powers are fittingly practiced by the administration and there is no maltreatment of such powers by the executive. Each delegate is dependent upon the position and control of the head and the action of the delegated power can for the most part be facilitated, changed, or dropped by the executive. Parliament has control in that the engaging or parent Act passed by the parliament sets out the model or limits inside which delegated legislation is made. In this paper, we will analyze Delegated legislation and how effective the parliamentary control is over delegated legislation.”

India is a democratic country with a system of government in which all the people of the country have the right to voice their own respective opinions. Thus, journalism plays a quintessential role in propagating the same. Freedom of speech is so firmly embedded and established in the Constitution of India through Art. 19 (1) (a) guaranteeing all citizens shall have the right to right to speak and express. With the growing population and its demands in our country, media has become an integral and intrinsic part of the Indian society, Thus along with the executive, legislature and judiciary, media has also become a significant part of our Indian constitution. Throughout the years the press played a potent role in building and developing positive changes in the public interest in issues of all kinds i.e., national movement, social, cultural, political and economic, Thus creating an intellectual contact between the people. It has become immensely important that there must exist a right balance between politics and journalism as the development of a country is entirely implicated with politics, and journalism acts as a watchdog for the people of the country and fulfilling the interest of the public through scrutiny and constructive criticism of politics. It was very adeptly put by justice Louise Brandeis of the US Supreme court that “Freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth.” It is therefore very important to ensure there is no misuse against political control over media by politicians and administrative bodies and make sure that there is development in regulatory safeguards against political control over media in India. Journalism must be at all cost transparent and independent and there must not be governments using fundings to push their agendas and thus creating a biased outlook for the audience

The hatchling expulsion chat is the advancing dispute including the great, genuine, and severe status of incited untimely birth. The sides related with the conversation are oneself portrayed "strong of choice" and "positive forever" improvements. "Positive for choice" focuses on the benefit of women to finish up whether to end a pregnancy. An elective procedure is to base personhood or the benefit to life on a being's trademark or natural cut off points. On this technique, a being fundamentally has an alternative to life if it has a trademark capacity to develop the appropriate mental features; and, since people do have this customary cut off, they essentially hold a benefit to life beginning at start (or at whatever point they show up)

Custodial Death is one of the worst crimes in a civilized society governed by the rule of law. Does a citizen shed of his fundamental right to life, the moment a policeman arrests him? Can a right to life of a citizen be put in abeyance on his arrest? The answer indeed has to be An empathetic “No”. -Supreme Court in D.K. Basu v. the State of West Bengal AIR 1997 SC610. “If I can love myself despite of my infinite faults, how can I hate anyone at the glimpse of few faults”? Alexander the Great“. The word custody itself points to guardianship and protective care. Even if it indicates to arrest or incarceration. No civilized law supports custodial cruelty – an inhuman trait that springs out of an evil desire to cause suffering when there is no possibility of any retaliation; a senseless demonstration of superiority and physical power over the one who is overpowered or a collective indignation of sanctimonious thinking .In the civilized society, governed by the rule of law, custodial crime is one of the worst crimes and poses a serious threat to a tidy civilized society. Torture in custody scorns the basic rights of the citizens and is an aspersion to human dignity

Sustainable Development is an environmental term, but it has very deep meaning. Sustainable Development of the Nation is depending on its subjects. The Child Education is most important element by which the Sustainable Development Goal will be achieved. Now a day the Right to education is considered as key tool for development. Even though Indian Government passed the many policies and legislations relating to the Right to Education, but it failed to achieve the decided goals. Education is the element over which the other all goals are depends. If the nation achieved the goal of education and succeed to eradicate illiteracy, then the other goals might be achieved easily. Yet many of children remain deprived of educational opportunities, many as a result of poverty. So the present research paper will analyze the legal provisions and various policies and schemes relating to right to education and its role in promotion of sustainable development of nation

The Maritime Labour Convention was touted as the foremost legislation in protecting the rights of seafarers. With international shipping accounting for 95% of the world trade, seafarers are both the most essential and at-risk workforce. They are exposed to harsh and unexpected weather conditions coupled with strenuous physical labour and the mental toll of being separated from their family and friends. While at sea, these workers are far away from the well woven umbrella of law. The Maritime Labour Convention was established as a mechanism that can extend this umbrella through mutual cooperation of the port countries and international bodies. However, this aspect of the Convention could very well be part of its own downfall as the convention is only as good as the manner in which they have been adopted by the signatory countries. India being the leader in supplying human resources for shipping and maritime trade as well as a signatory to the Convention has a responsibility to ensure that a robust national legislation is set in place. But the numerous cases of abuse of Indian seafarers who are left without repatriation, abandoned on ships or even forced to accept brutal conditions to retain their low paying jobs proves that the Indian maritime legislation is lagging behind the international standards of labour rights. This article navigates through the deplorable conditions faced by seafarers on international waters and delves into the importance of the comprehensive Maritime Labour Convention. The article further highlights the current maritime legislative tools available in India and analyzes whether these tools are sufficiently protecting the rights of the seafarers

The investors in Special Economic Zones of India are looking forward to year 2020 with much uncertainty. The reforms in policies regarding Special Economic Zones were under reconsideration after the Baba Kalyani led Panel, which was set up by Government of India, submitted its report. The Panel had recommended that SEZs be converted into Employment and Economic Enclaves. It laid emphasis on employment, value addition and dispute resolution. Meanwhile, the World Trade Organisation reported that Export subsidies in Special Economic Zones of India are in violation of the multilateral norms committed by India. India has preferred an appeal over this decision and the same is pending before the Appellate Authority. In addition, certain benefits provided Special Economic Zone Scheme are scheduled to expire on March 31, 2020. A combination of these factors has made 2020, an uncertain for the investors. In light of the above, the objective of this paper is to answer the question what can be reasonably expected by Investors in Special Economic Zones of India in coming years and to provide recommendations to investors to take reasonable caution and to policy makers to make India attractive to investors

Our hugely expanding reliance on the Internet for the utilization of social networking destinations have made a few legitimate issues in the nation. With regards to maligning, the greatest issue can be sorting out the individual who has proposed to hurt our notoriety or the outsider who has perused the disparaging proclamation concerning with regards to site pages, for example, web journals or other media locales including papers or magazines. This is on the grounds that bloggers might be straightforward or may decide to keep their names or personalities anonymous to secure themselves. Hence this might be exceptionally difficult to decide the individual who has distributed the announcement in the event that it shows up on somebody's blog. Consequently it very difficult to follow these individuals. When a slanderous proclamation is distributed on locales, for example, Facebook, it rapidly gets flowed and furthermore read by countless individuals making harm an individual against whom the announcement is made. Online discourse that is hostile, injurious or derisive has pulled in incredible consideration in India and somewhere else, and regularly prompts requires its criminalisation. In any case, while the privilege to opportunity of articulation is dependent upon sensible limitations both under Indian law and global law, these are decently barely characterized, and a lot of what may be viewed as scorn discourse socially isn't really so lawfully. How, at that point, to manage and push ahead on this troublesome and touchy issue? The extraordinary volume of data and a simple method of moving it on the Internet makes it a basic wellspring of criticism. In the wake of investigating on the aforementioned point, it very well may be said that the current situation of India with respect to laws don't have a sufficient methodology towards instances cyber defamation. Likewise, maligning laws ought to be adequately adaptable to be applied to all media. As the maligning laws in the period of the Internet, it turns out to be basically difficult to apply the standard of eighteenth and nineteenth century cases to the issue emerging on the Internet in the 21st century

The Appellant and the Respondent, in this case, were Officials of the Indian Administrative Service (“IAS”). Both the appellant and Respondent for this situation were married on 13/12/1984 at Calcutta under Special Marriage Act, 1954. The Respondent (the spouse for this situation) was a divorced person and right now had a female youngster at the hour of her second marriage from her first marriage. The guardianship of this female kid was in the possession of the Respondent given by the District Court of Patna when the respondent has gotten a separation order against her first spouse, Mr. Debashish Gupta, who was likewise an IAS official. Both the parties in the current case had known each other since 1983. The respondent used to meet with the appealing party between November 1983 and June 1984. They in this way developed a dear fellowship which later formed into romance and along these lines into a marriage. The respondent's first spouse, Debashish Gupta filed a belated appeal against the pronouncement of separation procured by her from the District Court of Patna. In like manner, during the pendency of the appeal, she persuaded the Appellant to agree to the marriage quickly so the appeal of Debashish Gupta may become infructuous. The marriage between the parties was solemnized on 13.12.1984. According to the litigant, not long after the marriage, the respondent asked the appellant not to interfere with her professional life. She had moreover unilaterally made a decision not to have a kid for quite a while and the appellant should not be interested in her child and he should endeavor to keep himself reserved from her very far. As shown by the appealing party, there was the inconvenience of proportioning in feeling in the field of affection, affection, future organizing, and standard human relations anyway he made a not too bad endeavor to become acclimated to the situation made by the respondent. The appealing party has affirmed that this ill-advised conduct of the respondent before long turned into a typical thing for both the parties in a matter of moments. The Appellant additionally referenced various rates where the respondent's inappropriate conduct arrived at its pinnacle and thus likewise hurt the appealing party both intellectually and truly. Which incorporated the disregard of taking minding of everyday marriage schedules by the respondent towards the Appellant. The most significant decision is the one-sided choice of the Respondent to not tolerate any offspring of the appealing party. In 1985 when both the parties were living in the same house alongside a worker cum-cook which was dispensed to the Appellant, the respondent claimed that the girl of the respondent may be in peril because of the cook and hence the respondent accepting these charges as premise moved to another house, subsequently from September 1985 both the parties were living independently. After several transfers of his job, the Appellant at long last got back to Calcutta in 1988 and began living with the respondent once more (as of now the mother of the respondent additionally used to live with the respondent). The Appellant attempted to overlook all the previous agonies and attempted to begin another life any way he kept on enduring mental injury because of the respondent and her mom. The respondent at no-specific occasions used to tell the appealing party that the little girl of the respondent isn't the Appellant’s little girl and accordingly the litigant ought not to love or care for the girl. The equivalent was likewise being incited to the little girl by the respondent and respondent's mom, because of which the girl began keeping away from the appealing party which has made mental mischief the litigant. As indicated by the appealing party, the worker cum-cook came to the flat on 24/08/1990 and remained there the night. The following two days were holidays. The respondent and her dad were additionally there. On observing the worker, the respondent began yelling on both the worker and the appealing party, alongside the respondent, the respondent's dad additionally began yelling in a pre-considered idea. The Appellant was approached to leave the level by the respondent. The Appellant felt very offended and mortified and this left the level. Along these lines, again the couple began living in various pads once more. The appealing party has additionally expressed that the respondent has declined to dwell together with the Appellant and doesn't give him the marriage joy and has made the girl of the respondent act in a terrible way to the Appellant, even after the Appellant being a decent dad. Appropriately, both the parties have been living in various houses since 27/8/1990. Following similar conduct of the respondent, the Appellant has filed a divorce order which was conceded by the Trial Court to him on 19/12/1996. The respondent however expresses that they have been living joyfully in any case, the family members of the appealing party are not content with the respondent and hence they have constrained the Appellant to file the divorce order and that the appealing party chips away at the guidelines of similar family members as it were. The division seat of the High court vide judgment dated 20/05/2003 has turned around the choice of the trial court because the Appellant couldn't demonstrate mental mercilessness by the respondent. In this manner, the Appellant has recorded an appeal under the watchful eye of the high court by Special leave request.

The purpose of this research paper is to enlighten the reader with the rights of victims in Indian criminal Justice System. Often times the rights of the victims in our legal system is disdained or not given enough priority by the legal authorities. One of the primary reasons of this issue is that most of the average citizens in a state/country do not know what rights will or should be administered to them in case they are subjected to a crime. In this research paper, the author has first tried to acknowledge the definition of a victim in our legal system as well as definition provided by the international body, United Nations. Then the author has state victims’ rights of victims in four parameters. The purpose of this method is to clearly categorize the various rights and remedies for the better understanding of the research paper. The author has also given some suggestions that, if properly implemented, can really enhance the current role and status of the victims in Indian criminal Justice System. Through this paper the author has come to conclusion that even though codified laws and remedies are accessible in our Legal system but still they are not fully implemented or administered to the victim or the person suffering the harm when he/she needs it the most. There is a wide sphere of improvement which is still remaining to be filled.

Generic drugs are the same as those already approved in the dosage type, safety, strength, path, consistency and performance characteristics of an already approved brand name medication. Only after a thorough review by FDA and after a certain period of time the generic drugs be available, the brand name version is exclusively on the market. This is because new drugs are generally protected by patents, like all new goods and the emerging pharmaceutical R&D scenario in India has several constraints in the context of global models and approaches for new drugs from concept to market. India should give a thought on the growth and of the pharmaceutical market and on how to balance the cost of innovation in drug research and universal access to the fruits of this research.

Mediation is one of the oldest and most common dispute resolution mechanisms in international dispute. When it is applied correctly it can help to mange or settle a dispute. Many questions about the process can be posed, but the most interesting questions relates to the need to understand when a mediation effort succeeds or fails to settle or resolve an international dispute and how mediation helps in resolving the international dispute. This article answers these questions, including the relationship between strategies employed by a mediator, and mediation outcomes. A number of attempts to explain the association between the choice of mediation strategies and mediation outcome have been made; few, however, have provided specific conditions where the effectiveness of certain mediation strategies becomes noticeable. This paper also attempts to fill this gap and also deals with effective strategies of mediation, Tashkent declaration, Algiers Agreement in 1975 and Algiers Accords

India being the country with the largest constitution, provides its residents' plethora of rights and duties in order to secure their wellbeing, ensure justice, equality, and a platform to seek redressal for their grievances. The country consists of the apex court, whose judgments are the final word and have shaped India's legal system. It is followed by the high courts and district courts. The ratio of dispute resolution in the country is very low. Thus Lok Adalats come into the picture. They are a form of Alternative Dispute Resolution where the suits filed or the already pending cases in the court of law are resolved, or the matter is settled. People opt for Lok Adalats to escape the labyrinth of the court of law or are underprivileged. Lok Adalats intend to lessen the burden of the Indian courts and thus help to shape the legal system of the country.

Over the past few years, every country is tackling environmental degradation, and India is one of the few countries in the World whose economic growth has tremendously increased. This economic growth has given rise to many employment opportunities, the establishment of industries, rapid urbanization, commercialization, etc. But India’s remarkable economic growth has been recognized through degradation and pollution of the environment, ecological imbalance, water scarcity etc. Considering the size and diversity of its economic structure, environmental risks are far-reaching at its heights. The term ‘Green Economy’ has been capturing around the entire world where every country is now focusing on environmental issues, adopting a green economy as its fundamental economy, and working towards sustainable development. India so-far is facing the difficulty of co-existence of the conventional economic growth strategy and slow effort to mitigate and adapt to the climate change issues. In the present scenario, shutting down industries or reducing the production system will ripple the Indian economy for the sake of tackling climate change. Adopting the multi-disciplinary Green approach will have negative effects on employment, trade, agriculture activity, business pattern, which requires, new policies, fiscal reforms, international trade relations and trade patterns with the other countries, skill development program, extensive research, development of resource efficiency. Framing of policies of manageability factor into the continuous financial choices for boosting framework and assembling can set things moving for putting the Indian economy on the Green Economy way. This article will deal with how one can apply economic tools in the field of environment attaining sustainable development. Later, the author has given suggestions which can be adopted in India so that there is a check and balance on sustainable development and economic development. Lastly, the article will end with the conclusion

India is a country with huge population and the need to earn livelihood is of paramount importance to cater the essential needs of the family. Amidst the pandemic and otherwise also, several instances have been reported of unfair trade practices that encroaches the right of the employers, employees and the workers. In order to curb these unfair practices, the Indian government has made constant efforts to implement major legislative reforms. One of the recent and major labour law reform involves consolidation of three critical industrial relation legislation into one: The Industrial Relations Code, 2020. The main aim of the code is to strike a balance between the demands of the workforce and providing freedom of business to the employers to conduct their business efficiently. The legislation is an attempt on the part of the Central government to bestow benefits to the working population of both organized and unorganized sectors. With the current situation in the country, it is imperative to provide strong support to the employer to accelerate the business effectively and also safeguard the dignity of the labours. The manuscript analyses the significance of the code, various important provisions and the reaction of the general public to this legislative reform

Intellectual Property Rights (IPR) has been defined as ideas, inventions and creative expressions based on which there is public willingness to bestow the status of property. IPR provide certain exclusive rights to the inventors or creators of that property in order to enable them to reap commercial benefits from their creative efforts or reputation. Common types of Intellectual Property Rights are patents, copyrights, trademarks, industrial designs, geographical indications, trade secrets, layout designs for integrated circuits and even ideas. Intellectual Property Rights provide an incentive to the creator to develop his creation and to share it with other people for the development of the society. The basic aim of the IPRs is to help in meeting the challenges in the development like reducing the poverty, stimulating economic growth, improving the health status by providing the medicines to poor, improving access to education and contributing the overall sustainable development.

There has been a surprisingly remarkable development in the organized sporting industry in India and around the globe. Predominantly, professional sports not only have existed for a long time but have actually evolved in terms of capital invested and their impact on society. The largely competitive sports, from the other extreme, have followed traditionally unheard styles. Electronic sports, for example, is an emerging sector which has only just achieved prominence and it is already generating financial success on a global scale. It is essential that the legislation governing it evolves appropriately, with the world of sports continually changing and looking to diversify. For years, competition law has governed the realm of sports and athletics, and over time, the interaction of the two areas has evolved dramatically. This paper would address the relationship between sports and competition law as well as its progression. The interrelationship will be discussed mainly through the help of three major case laws involving the intervention of the Competition Commission of India in the IPL, AFI and AICF cases. Through the help of these pivotal cases, the relationship is further analysed from the perspective of accountability and understanding the pyramidical structure involved in sports and the key to its solution. The research paper discusses what the future holds before concluding by providing suggestions as to how the improvement of the interface between competition law and sports can lead to the advancement of the latter