Volume IV - Issue I / 2021

The existence of punishment in the form of reform has been cause célèbre for a long time. The aim of punishment in any civil society is to act as a wall between the commission and the will to commit a crime. Thus, it seems the aim is deterrent, rather than reformative, which would establish the need to develop as a human being and not further put them through humiliation and anguish. The deplorable conditions of Indian Prisons and penal system in general has been the pillar to promote violence and criminal behaviour rather than act as a place of rehabilitation. Whereas a true reformatory system aims to promote the humanity in criminals, by reforming their personalities and provide adequate infrastructure to develop their personality while granting them a chance at a better future. In this paper, the author tries to analyse the current reformatory system in India and the need to revamp the same

The COVID-19 outbreak is a remarkable shock to the Indian economy .It has affected all the sectors at macro level across the country. The economy was already in an unstable stage before covid-19 outbreak and after the shutdown of economic activities and nationwide lockdown the economy is likely to face prolonged period of slowdown. The intensity of the economic slowdown depends upon the nature and duration of the lockdown across the country. With large number of population and more dependence on the informal labour and unsystematic banking practices has turned the economy into a disruptive situation. The damage to the economy is worse than the current estimates. The current article gives an overview of the impact of COVID-19 situation on Indian economy and its banking sector. The study is the analyses of data which is secondary in nature and based upon various research article published on the COVID-19 pandemic outbreak. The research paper also analyses the various policy measures taken by Reserve Bank of India and Indian Government at centre level and state level to improve the current economic situation of the country

In India, women have in the past and to some extent even today, played a secondary role to that of men on an economical and occupational front. Career wasn’t a priority for the women due to socio-cultural construct in which gender roles are stereotyped, especially in the backdrop of Patriarchal Society. As the society has progressed and gender roles are redefined and reconstructed with waves of liberalism, globalization, feminism and equality, new Avatar of Indian women had arrived. The debutant can be seen not only in traditional fields considered more appropriate for women but also in male dominated landscapes. Morris (1987) has argued that Policing has always been regarded as a male bastion, which is more of a ‘masculine pursuit’ involving strength, danger and action. The historical background of Women’s entry into police, discloses instances of resistance from the beginning. Butler, Winfree and Newbold (2003) have described policing as one of the ‘Gendered’ professions of the world. Sahgal (2007) criticizes policing claiming gender-based differences are apparently greater as compared to female dominated vocations. This Paper aims to address issues and challenges faced by women police constables at workplace. Paper also grapples the embedded tensions, conflicts and pride women have experienced being a part of police services. It also highlights the discourse surrounding work life balance and proposes workable solutions while promoting gender equity and development

In just 40 years, more than 70% of the world’s population will live in urban areas. Therefore, cities around the world need smarter ways to operate and become more efficient and sustainable. This paper starts with an introduction to and the need for a smart city, with a focus on its two major components – Smart Infrastructure and Smart Utilities. These are the building-blocks of any city, and improving their efficiency brings immediate and visible improvement to the everyday life of people. The paper further discusses some challenges of smart cities with possible solutions. Integration of conventional power with renewable energy: New technologies like weather forecasting and remote energy management can enable grid operator to evaluate the performance and need for a source of energy and make adjustments accordingly. Meeting power requirements intelligently: Demand response and demand side management technologies can enable energy efficiency as a resource and a credible alternative to building more power plants to meet capacity needs. Parallel operation of utilities and microgrids: Modern network management tools and advanced distribution management systems provide means to model, monitor, and manage microgrid-enhanced grids while ensuring safety and reliability. Solving the riddle of network security: Smart cities can enhance cybersecurity when they implement the concept of cyber-defense, which uses a product’s security features to create a cyber-strategy for defending an entire system. The paper concludes with a case study on Naya Raipur Smart City, demonstrating the implementation of a central platform integrated with connected products and solutions. Keywords—Smart City, Urban Efficiency, Smart Grid, Smart Infrastructure, Energy Efficiency

"The labour rights of migrant workers globally, especially of those in essential sectors, must be guaranteed and measures are taken to protect their health," said Can Ünver who chairs the UN Committee on Migrant Workers, and Felipe González Morales, the UN Special Rapporteur on the human rights of migrants.” In 17 guidelines to global governance, experts urge to protect the rights of migrants including access to their territories and rescue operations for those who are distress at sea and the international borders. An international body such as UNHCR urges countries for the integration of all migrant workers under a national COVID-19 prevention and response plan including providing the facilities all social services. The objective of the paper is to discuss the conditions of migrant communities abroad (undocumented, documented workers, refugees, and minorities). The methodology has been done by a documentary analysis. The outcome of the paper is to know about the rights of international workers and their protection lawfully. The feature question of the paper is how do the migrant workers protect them from uncertain situations?

Ample research is available on leadership qualities, behaviour and successful relationship with employees. The research articles specifically probe the desired leadership qualities during a crisis. It is important to have a suggestive methodology to assess the performance of a leader based on quality. The research focus is on HRD practices to evaluate leadership quality in contrast to the financial evaluation, where leaders ability to expand the market and profitability is of prime importance. COVID-19 situation is too complicated for a simple solution or a solution that make everyone happy. It needs a balancing act between various stakeholders. A leader's quality is to make a difficult decision in difficult times and convince various stakeholder to accept and work for an organisational goal. The research probe into various leadership qualities, and their measurement means to identify successful leaders

More than a year after the highly debated ‘Article 370’ and ‘Article 35A’ of the Indian Constitution were made inoperative by the government of India, it has become imperative to comprehend how these moves have shaped the conflict ever since. The intractability of conflict in Kashmir has left everyone in a disarray and even after the Indian government made Jammu and Kashmir its union territory, there has been hardly any decrease in either the human rights violations or the armed insurgency. The region of Kashmir has been battling the conflict for decades now and this protracted conflict has not only been detrimental to the rights of the people of Kashmir but has also been the reason for huge and widespread underdevelopment. This article, therefore, tries to revisit the roots of this conflict by showcasing to what extent international law and the legacies of colonialism have been a part of the conflict in Kashmir

Free speech is the symbol of a free nation and free citizens. It is the very essence of a parliamentary democracy that binds and empowers people to discharge their duties, obligations and demonstrate their deep sense of nationalism with ferocious pride. The voice of people at the time of national crisis should be heard most clearly for ‘Vox Populi, Vox Dei’ ‘the voice of the people is the voice of God. The Universal Declaration of Human Rights (1948)—Article 19 states that "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers". There are numerous questions that lurk underneath the cliché regarding our valuing of free speech. This paper considers some material facts with regards to free speech and expression, dissent, right to silence and right to protest etc. In the hostile climate of rampant intolerance, this article seeks to find out as to why and how political silence shows it spunk in different circumstances. Apart from discussing roles and origins of strikes and lock-outs, this paper gives a very interesting insight into an assessment of their social values

Terrorism has led to deliberate concerns over the cost of humanity especially with devastating consequences to individuals’ and society’s’ enjoyment of basic rights and security. International terrorism has passed through leaps and bounds in the past decade with rise and decline of many terrorist groups, growing fatalities, expanding terrorism to wider regions and also ever-increasing state unrest and civil wars. The concept of terrorism however cannot be specifically defined. The social, political, economic, religious and psychological factors of various regions attribute to the root cause there. In this paper, we examine the major funding and aiding sources of terrorism, women and terrorism, humanity crisis as an impact of terrorist activities, and growing trends in terrorist activities. Furthermore, we tend an exploratory analysis to the extent to which terrorism and civil war overlap and unpack various temporal and spatial patterns. The world is now refuting this demonic act which could be seen through the counterterrorism and counterinsurgency activities of state legislations. We also look into various implementations, legislations, resolutions and task forces setup to counter terrorist activities.​y

Suicidal thoughts and behaviors in students are not fully understood as of now; however, it is certain that it results from the complex interaction of various factors. This research paper deals with understanding various factors associated with student’s suicide in India. It deals with recognizing what suicide is and what are the current trends across the world in regards to student’s suicide emphasizing on psychological factors particularly? What leads these kids to take this step and what can we do to combat this issue? For the same purpose the authors have used the empirical research methodology wherein a survey was conducted using survey monkey other than that various previously conducted researches have been taken into accounts also research papers journals etc. have been considered.

In contemporary times, a number of challenges are noticed in Bangladesh regarding Covid 19 pandemic when most of the countries are facing the same problem worldwide. There are countless intricate in Bangladesh vis-à-vis massive incidences like distancing problems with other issues. Likewise, there is still no strong evidence on the success of the treatments as well as a lacuna of available vaccine, job solution of the jobless people, testing services problem on hand while it is practicing social distance and other strong precaution measures stay the best combat to protect the most serious impact of the Covid 19 outbreak other countries of the world. However, If Bangladesh does not tackle this problem within the possible time, it will be overwhelming challengeable for Bangladesh for implementing the Covid 19 issues in this tremendous crisis. Nevertheless, this paper shows the issues of Covid 19 matters and then provides logical recommendations including new laws like England. Also, this paper illustrates how government can mitigate this problem though enacting a new law and strategic plan as well

This paper conducts a detailed study on well emerging issues pertinent to unemployment due to the development of artificial intelligence and its effects in India. The author discusses about the developments recently happened in artificial intelligence, it’s advantages and future risks arising ascribed with it. In this article the author is further discussing about the issues and problems faced by the common people when they lose their employment opportunities and how it encompasses negative effects in our Indian economy as a developing country and proffers her opinion about the same. The role of laws, enactments, provisions and also its inefficiency during the time of implementation are pointed demonstrably after having a detailed study. Paper highlights the overview of the laws related to employment and how to curb the problems arising in the wake of unemployment and a downturn in job opportunities. The author will finally conclude the article by providing her own observation and suggestion to regulate the development of artificial intelligence without causing any adverse effects on the employment structure

India is a developing country and second most populated country in the world so it’s very natural that the crime rates in India are increasing significantly. There are a number of legislations present in India to stop and control crimes, and most of them believe that severe punishment should be able to reduce the increasing crime rates. All punishments have a strong foundation which says that all the wrongdoers/offenders shall be awarded penalties. There are different types of punishments in India such as simple imprisonment, imprisonment with fine, life imprisonment, the death penalty, etc. The death penalty is also known as Capital Punishment which is the most severe form of punishment that could be awarded to an offender. There are various methods by which the death penalty is carried out in the world. In India Hanging and Shooting are two execution methods.​y

Intellectual property pertains to invention/creation/innovation of any artistic, literary, scientific creation, concept etc. by human intellect. Intellectual property rights refer to rights vested by the state to the inventor or creator. IPR is a strong tool, to protect investments, time, money, effort and the like invested by the inventor/creator of an Intellectual Property, since it grants the inventor/creator an exclusive right for a certain period of time for use of his invention/creation. Thus IPR, in a way, aids the economic development of a country by promoting healthy competition and encouraging industrial development and economic growth. But mere for the economic development the basic and fundamental rights can't be abridged. The concept of public welfare is of paramount importance of any democratic country. In India Supreme is considered as the guardian of Indian Constitution, it has not only lead to the development of existing law but also have lead to its effective implementation by fulfilling the grey areas. The present article provides an overview of the various laws dealing with innovation and intellectual property rights in India. While providing brief insights into the law of patents, copyrights, trademarks, designs, and remedies for violation of these rights, the article mainly deals with the role of Higher Judiciaries of India in development and effective implementation of Intellectual property law's and checking their constitutional validity by using the Doctrine of Judicial review. Keywords – Constitution of India, Judicial review, Intellectual property, Supreme Court, Economy.

The present paper attempts to shed light on the policies taken by the Jammu and Kashmir government for the amelioration of other backward classes/castes from 2005 up to 2020. While the reservation system has received significant attention from policymakers because of the struggle and evolution that took place for the upliftment of other backward castes and the Indian population over the years, there is still a dearth of academic literature analyzing it. Fundamentally, very few studies have chosen to ask the question of the reservation system in Jammu and Kashmir and its impact on poverty reduction, education standards, what is the Legal status of other backward classes (OBC) in Jammu and Kashmir, and why there exist different laws for OBCs in Jammu and Kashmir. All these concepts need justification through the glasses of a legal apprentice

While there is a virtue in the blindness of justice, this should certainly not extend to the admission of evidence collected by mechanisms used in gross violations of the law and human rights. In the zeal to bring the culprits to book, the State's functionaries may sometimes indulge in unlawful methods for obtaining evidence. The doctrine of ‘Fruits of the Poisonous Tree’ characterizes this evidence as inadmissible, which owes its discovery to evidence initially obtained in violation of a constitutional, statutory, or court-made rule. The expression of ‘Fruits of the Poisonous Tree’ extends the ‘Exclusionary Rule’ and postulates that illegally obtained evidence would be inadmissible in the Court of law. The metaphor suggests that if the source of evidence (tree) is tainted, anything derived from it (fruits) bears the same flaw. The paper explores the nuances of admitting the ‘tainted fruit’ and the position of Indian jurisprudence. It also deals with the need to offer protection against unlawfully obtained evidence against the accused under India's Judicial system and the need to introduce reforms in view of the recognised right to privacy as a fundamental right.

“It is true that each nation has its own tradition which in the field of family law, governs inter-personal ties. Nevertheless, in order to discourage platform shopping and thereby prevent limping relationships, there is a need for the unification and codification of codes of conflict of laws pertaining to matrimonial matters. The rule of law and gender equity provisions, on the one hand, and the need to uphold the universal human rights of parties to the marriage, on the other, both include internationally agreed principles to comply with inter-personal and inter-national conflicts.” “In this article, I try to provide an outline of the laws of private international law relating to same-sex couples (marriages and partnerships) in various countries in order to analyze whether there is a consensus between the countries involved, what the issues resulting from the absence of consensus are and how they can better be handled.” “If one discusses the present position of the rule, it becomes obvious that a few similar points stand out after this development, although major variations remain. Whereas the prospect of registering partnerships other than marriage has been established by a vast number of nations, not all have done so. Some nations expressed aversion to the proposal; others showed strong resistance, often even absolute denial. “The diversity is apparent among the countries that have developed 'partnerships' and other new ways of relationships, with some countries providing a similar copy of a marriage, while others have opted for a less desirable regime. Finally, a couple of countries have opened up the prospect of homogenous couples getting together.” Tandon, Usha, Validity of Marriage Under International Private Law with Special Reference to 1978 Hague Marriage Convention: Towards Harmonization and Unification of the Rules of International Private Law Relating to Marriage (September 23, 2013). I JCLC (2013) 32-47 ISSN: 2321-4716, http://dx.doi.org/10.2139/ss rn.2821514 Ibid

Our society has undergone vast changes in terms of its principles, perspectives and its moral and ethical standards. What was regarded as immoral ten years ago is no more considered the same. The aspirations for a good life and better opportunities have paved a way for developments and these aspirations have led us further to a fast-moving life. Such changes in the lifestyle have affected children, especially juveniles, the most. They are now more vulnerable to this evolving competition and stress with the expectations of attaining better performance in each field that in turn becomes a root cause for their deviant behavior. In recent years, the juveniles due to their zero-tolerance attitude have perpetrated some of the highest proportions of crimes. Juvenile Delinquency has caused some of the serious offences and is a disaster to the social order of any country. Indian societies have also seen inclination towards similar trends of increasing rate of violent crimes committed by the juveniles, which indeed needs a serious solution. To address the problems faced by our society, the lawmakers have, repeatedly, made changes to the laws/enactments pertaining to juvenile delinquents in India. The provisions covering the crimes relating to juvenile delinquents after undergoing various amendments have been incorporated in what is today The Juvenile Justice (Care and Protection of Children) Act, 2015, wherein specific provisions have been included which now allow for a child to be tried as an adult. This paper attempts to address the root causes of juvenile delinquency amongst millennials, the causalities of which include parental neglect, society’s apathy towards children and the evolving changes in the society and the impact of electronics and social media

Live in relationship have been there for many years, the only difference is that back then people were indecisive in revealing their status due to the fear of society, however a part of Indian population are openly accepting this kind of relationship in today’s era. Although, this new form of family is unstable, it is natural and thus prevailing in western world. Therefore, it becomes necessary to know the rights & obligations for the partners living together without the marriage all around the world. In metropolitan cities of India this form has become an alternative to marriage where individual gives priority to freedom and people try to stay away from the responsibilities and obligations of a married life. The ambit and definition of live-in relationship is not much clear, there is lack of specific legislation in India on this subject as the laws to govern such relationship are in the form of court judgement. The verdict depends on the circumstances of each case. The paper will try to analyse the concept, legal status, and judicial approaches of live-in relationship in India in comparison with the countries abroad

The 21st century marked Asia's emergence as a global force to reckon with, notwithstanding this, its Human Rights track record continues to remain dismal. A large share of the Treaty and Institutions remains under-represented by the Asian States. This is based on several legitimate justifications rooted in past and present- like colonialism, post-war trials to unequal treaties. The author undertakes a journey to discover why this ambivalence is endemic amongst the Asian States through a combination of an empirical and non-empirical study, placing reliance on primary and secondary sources of law. Further, the author has delimited the research paper to an Asian theme, drawing comparisons with Europe and Africa in certain instances. In Part I the research article probes into the inherent basis as to why Asian-States remain hesitant to sign or ratify major treaties like Statute of the World Court 1945 International Criminal Court, 1998 International Covenant on civil and political rights 1966 etc. Even if an Asian State is a signatory to these so-called universal instruments, it has generally invoked reservation or declaration trumping compulsory Jurisdiction. Part II of the study traces the European conception of the civilised States an offshoot of Westphalia notion of subjugating the non-civilised States, which subsequently created an air of suspension amongst the Asian-State towards international treaties which primarily is the product of the West. In Part III, the author provides a comprehensive analysis of the lack of internal democracy in International law primarily in the realm of Customary International Law and Human Rights Law. In the final section, the researcher visualises the path forward; in a sense, the author contemplates the potential role that concepts like Dharma, Jus Cogens, and Erga Omnes could play to make international law inclusive and value-based. The study is purely doctrinal and attempts to juxtapose Asia's share experience vis-à-vis the internal structures in International Law

Besides civil and political rights, which aim to prevent violations of individual freedoms by government and others and enable citizens to participate in the nation's political life, there are also economic and social rights. These rights are echoed in International Human Rights regulations such as the Universal Declaration of Human Rights among others, and above all, the International Covenant on Economic, Social and Cultural Rights that entered into force on the 3rd of January 1976 and which constitutes the specialized international legal framework of these rights. Unlike civil and political rights, these rights are predominantly positive rights that generate a duty for the State to actively ensure the attainment of the fundamental and basic human needs which are indispensable for human existence. This implies that the realization of these rights is contingent on the availability and sustainable/judicious management of natural and financial resources of the state. Using the case study of the Republic of Cameroon, this study x-rays the impediments to the enjoyment of these rights and examines the extent to which the government has succeeded in the protection of the said rights.

Different issues, including that of terrorist activities, have affected tourism industry in the Hunza valley. Tourism industry in the Hunza valley, which attracts a huge number of tourists from all across the globe, plays a very important role for their overall economic development. So, there is a need to take account of this wave of terrorism and find out how it impact the tourism industry in the valley. However, a qualitative analysis of such impact and its durability on the tourist inflows into the valley is lacking. The main objectives of this study are (a) What is the magnitude of the impact of terrorism on tourism in the Hunza valley? (b) What are the macro-economic impacts from such loss of tourism in the valley? (c) How social media played a role in the revival of tourism industry of Hunza Valley? This research is qualitative in nature and theoretically based on development communication theory. The data collection for this research is done through semi-structured interviews of international and local visitors, travel companies, hotel managers and shopkeepers of Hunza Valley. Findings reveal that tourism industry of Pakistan had collapsed amid the terrorist attacks and an image of a dangerous country attached to it. Due to such terrorist activities in a country reduces the flow of local and foreign visitors and tourists activities. Findings show that after uprooting the terrorists and reinstating the peace by Pakistan army, social media networks has played a vital role in promoting and developing tourism business in Hunza Valley. Specially, after the vlogs of various social media influencers on Facebook took the lead role in attracting the foreign and local tourists. It helped many tour and travel companies to access customers and improved their economic condition

With an ever-increasing Indian economy, the dynamics of the market is changing rapidly and continuously, especially in the last 5 years, with various reforms introduced by the Indian government like introducing IBC, 2016, easing of the FDI norms, etc. This leads to a number of big transactions involving the mergers and acquisitions across various sectors and industries, which can be witnessed on a regular basis. The aim of the present paper is to provide an overview of the major corporate restructuring of the Aditya Birla Group, one of the major Indian conglomerates worth US $48.3 billion. This paper focuses upon two major deals of the group, namely Vodafone-Idea and UltraTech-Jaiprakash Associates, while touching upon all the important deals entered into by the group in last 5 years. The researcher also gives a brief background of each companies involved in both of the mentioned deals. Further, the researcher provides with the description of the arrangements and the rationale behind them. At last, the researcher tried to conclude it by analysing the effects of such corporate restructuring that whether it is successful or a failure for the company

Bullying is unwanted, aggressive behavior among certain individuals that involves a real or perceived power imbalance in a person’s state of mind or physical behavior. Bullying includes actions such as making threats, spreading rumors, attacking someone physically, verbally or emotionally. Bullying can be caused in-person through a different individual or through technology. Bullying can also start in a person’s life at an early age from home. It is said so as the child can be treated miserably or could be physically harassed and mentally abused. Bullying is one of the reasons where a person if bullied can have psychological torture or disturbance and that pressure when not handled can lead to a suicide. There are Child Protection Laws, Women Safety Laws, Anti-ragging Laws, Prevention from Cyber bullying Laws, Information technology laws and most important Indian Penal Code lays down certain provisions for protection of each and every individual. Every person is given Right to Life by our Indian Constitution where Right to Equality and Right to Life with Dignity guarantee a respect full life to every person. Thus, if any person abets anyone for suicide it is considered as punishable as a heinous offence. There are laws for safety but the voice is to be raised by every victim so that bullies are to be stopped from bullying others, in society and there is less no. of suicides than present

The status of women's rights in our society has been changing with the advent of globalisation and changed economic order. Women have always been playing a definite role in their domestic affairs as well as in society. Her role as a mother and homemaker cannot be substituted, still the status of a woman in the socio-political system has not been given adequate space. There have been voices from all corners of society to provide her with adequate rights and also an environment in which she can not only groom herself but could also contribute to the best of her abilities. In order to address this issue and also to achieve inclusivity of women in all the sectors, several laws have been introduced in different legislations. Our Constitution has envisaged various provisions for women to protect them from any kind of dominance, oppression or other kinds of injustices. It is however seen that the veiled struggle of women has continued to exist in some or the other form. Women who constitute a large portion of a human populace have been separated, hassled and misused independent of the nation to which they have a place, un-mind of the religion which they declare and careless of the time allotment in which they live . The agony faced by them can be witnessed from the news reports all over the country. It is not that women in other countries are not vulnerable to atrocities, but in asian countries the situation is even worse. To look into the problems faced by women and also identify the laws specially designed to protect their rights, the writer has tried to discuss and highlight the various Constitutional and Criminal law provisions, so as to understand the gray areas, if any, and bring about the suggestions where needed

Every case that comes before a court of Law has a fact story behind it. Facts out of which cases arise keep happening in the ordinary course of life. The First and foremost duty of every court is to ascertain the existence of certain facts, by which the right and liability could be decided of the parties of the case. Only through evidence the courts are enable to disposed the cases of the parties. Evidence plays a vital role in criminal justice. In the modern age, where science and technological development are at their peak, the procedure of trial in courts are still going as traditional. The Law of evidence, recognizes direct evidence in every judicial proceedings, but it becomes highly impossible to find direct evidence in all circumstances. Therefore in such circumstances scientific evidence can play a significant role in Administration of justice. It is therefore need of the hour a comprehensive law has to be brought in to regulate, regarding scientific evidence and its admissibility in trials.

Globalization has led to growth of multinational corporations with creditors and assets held across countries. Therefore, actions of a multinational corporation may have effects spread across the world with domestic boundaries of the countries virtually being non-existent. Therefore, there is a need to adopt globally accepted basic procedural standards involved in cross border insolvency situations to provide greater certainty in international trade. The Indian legal regime in its current form fails to provide a concrete mechanism to deal with such situations. The need to bring in a law along the lines of globally accepted UNCITRAL Model Law is highlighted much more now in the times of the Corona virus pandemic as many businesses are financially strained due to disrupted supply lines as a result of the ‘Lockdown’. The Insolvency Law Committee has suggested the adoption of Model Law but no action has been taken yet to accept its report. This paper aims at explaining how minor amendments to the Model Law can build a full proof system of cross border insolvency mechanism to deal with the inadequacies of the current Indian legal regime.

Artificial Intelligence is considered to be the most transformative technology in the 21st Century since Alan Turing’s comment in 1950 on machines intelligence capacity. One of the early candidates to be revolutionized was Health Care. Artificial Intelligence is increasingly proliferating in the health care landscape. The implementation of such a transformative technology has an immense promise to improve and amend the health outcomes in a resource-constrained setting like India. Artificial intelligence has been implemented in order to ease down upon the pressure of the health care staffs, lower down costs and ultimately improve the lives of the patients. The implementation of Artificial Intelligence in Health Care is welcoming, however, it seems that these implementations of Artificial Intelligence in Health Care has substantial legal and ethical ramifications. Thereby, the author puts forth the issue of ethical and legal perspective in the backdrop of the Legal framework existing in India with regards to the field of Health Care. The mapping of the paper is in four folds. Firstly, the author sets out the definition and meaning of artificial intelligence in health care followed by the trends and strategies followed in the field of health care in India. Secondly, the author sets out the implementation of AI in Health Care. Thirdly, the author evaluates the ethical and legal ramifications by the implementation of Artificial Intelligence. Fourthly, the author analyzes that albeit India is at a developing and implementing stage of artificial intelligence in Health Care, there ought to be legal framework in order to regulate the same. And lastly, the paper outlines the limitations within which the regulators for health technology operate. The paper furthermore, offers recommendations for a system thinking approach to regulate Artificial Intelligence in Indian Health Systems

The Companies (Amendment) Act, 2020 was introduced in the Lok Sabha on 28th September, 2020 with a view to promote the ease of doing lawful business in the country by legitimizing compoundable offences and hence, helping in laying the foundation for the direct overseas listing of Indian companies in the foreign stock exchange. This is the second phase of the decriminalization campaign which had initiated its process in the Companies Amendment Act, 2019 and it is the 4th Amendment Act that was introduced after the rejuvenation of the Companies Act 2013. This research paper emphasizes on creating a deeper and detailed understanding of The Act and the different non-grievous offences like minor, procedural and technical faults in the principal act. The paper showcases various amendments proposed by the Government of India towards the ‘Ease of Doing Business Grand Challenge’ issued by the Hon’ble Prime Minister of India and also offers a comparative analysis between the Indian Company Law legislation and the UK Companies Act, 2006 to formulate a better understanding about the changes proposed in company law with the enactment of this act.

Export is one of the major components of international trade. India is amongst the world’s top 20 nations with respect to the export of merchandise. With the increased liberalisation of trade by the Indian Government, there’s an abundant opportunity for establishing a profitable export business. Exports facilitate international trade and stimulate domestic economic activity by creating employment, production, and revenues. This article discusses the lack of clarity under GST laws on the issue whether Free on Board value (FOB) or Invoice value has to be adopted as the value of supply in case of Export of goods under GST regime. The article highlights on the effect of circulars and clarifications issued by the Government to clarify the ambiguity prevailed in the determination of the value of supply viz. whether FOB value or Invoice value has to be adopted as the value of supply in case of Export of goods.

Bollywood or the Hindi Film Industry went through different trends in the last 70 years. After the 60s, problematic themes started being presented, which led to far-reaching negative implications. Subsequent decades of the 70s, 80s, 90s and 2000s followed with their own problematic themes. In the present decade, we have witnessed the release of many pseudo-progressive movies, which although claims to be progressive, do not give women their due part. Theories like the Social Cognitive Theory and the Cultivation Theory provide us with enough evidence to show how such a problematic portrayal affects the audience. Male domination in the industry remains the prominent cause of such a portrayal. Among these problematic movies, some really progressive movies are breaking this stereotypical, sexist, toxic, and misogynist spell of Bollywood. Production of such films, when clubbed with social initiatives, can potentially remedy the wrongs done by years of problematic cinema produced by Bollywood.

Today’s corporate sector around the world is blamed for several unfair trade and practices and these trade and practices are curse for the corporate sector. These are not good for the civilized security There are measures and mechanisms to curb unfair trader and practices of corporate entities .Corporate Governance is one of the effective tool and mechanism for the corporate entities to free themselves from the mechanism of unfair trade and practices In this paper an attempt has been made to discuss the role played by SEBI through clause 49 of the listing agreement in making companies to companies to comply with the corporate governance norms in India. This article is divided into conceptual clarification, corporate governance in the present context with clause 49 and conclusion. SEBI through the norms and provisions contained in clause 49 to listing in making corporate to comply with the standards of corporate governance

In recent times, democracy in the United States of America has been increasingly eroded by a variety of systemic inconsistencies. The 2020 election is the most recent in a long list of political failures, each arising from the deeply undemocratic outcome of practices touted as upholding democratic values. This paper hopes to analyse how the results (and conditions) of the election were indicative of (i) erosion of state legitimacy (ii) mounting partisanship and polarisation, or the party obsession with power and ideological control and (iii) gerrymandering; or the splitting of congressional districts to benefit a specific political party. This paper also aims to establish that fair election conditions are the backbone of a liberal democracy, and that so far as the conditions of America suffer from the aforementioned ailments, the 2020 election and indeed all future elections will become increasingly undemocratic, leading to the inevitable deterioration of America’s political environment.

Reservation system has been a part of India for a long period of time. Even during the king’s rule privileges were provided to certain kind of category of people. And ever since then with the pass of time this system is being followed through one or other mode. After Independence, this system was inserted in our Constitution of India where certain rights are provided for the weaker section of the society which includes Schedule Caste and Schedule Tribes. This paper focuses on the evolution of these rights and the amendments that were brought. The main issue that has been dealt in this paper is that whether reservation can be provided in regard with promotion in the jobs and also whether the right provided under the constitution is a fundamental right or not?

The present piece of work deals with the recent incident of brutal lynching in the Palghar district of Maharashtra and the voiceless government machinery, including media. Mob lynching is one of the most vicious evils from which the society has been encountering from the past many decades. The aim of this article is to unveil such loopholes and present a clear picture of some unanswered facets that struck to the mind, while confronting this issue. In order to carry out a deep analysis of the topic, various newspapers, articles and journals have been made as the sources of study. Keywords – Palghar, Lynching, Media, Politics, Communal

SECULARISM!! What is Secularism? If we talk in a layman language, Secularism is originated from the word “SECULAR”, which means a practice, which treats all religions equally and with full respect. Do we all know who the father of the word Secularism is? GEORGE JACOB HOLYOAKE was an English secularist, who coined the word “secularism” in 1851. If we talk about the birth of the word secularism in India, with the 42nd amendment in the Indian Constitution in the year 1976, by H.R. GOKHALE, so we can say that the concept of secularism is founded by G.R. GOKHALE. I am proud of my opinion that I believe in the facts of “Hindutwa” and make the sheet more transparent; let's make it way parallel to the most pious evidence we Indians have, that is our National Flag. If we talk about this research paper, the author has beautifully explained the concept of Secularism. The author took all the sources as a help for drafting this research paper. The author has explained the concept of Secularism through religious aspect, constitutional aspect. The author has used all the landmark judgments related to this concept, so as to clarify this concept more clearly. Our Honorable Prime Minister Sh. Narendra Damodardass Modi ji is the best example of being a secular person. Our PM respects all the religions with full care and respect. I am literally very astonished to see that a few days back I was searching something, and I saw that a Muslim man was drawing a sketch of Lord Shree Krishna. Thus, it can be proved that our India is a secular state. The author and the co-author have tried their best to explain the concept of Secularism and I hope all the readers will read this research paper with full interest and dedication

“Consumer protection Act, 2019” is a legislation which protects the consumer’s interests and is consists of group of laws which was designed to ensure consumers rights. The main objective or the purpose of this law is to provide all-round and a better protection and safeguarding their rights and ensures speedy redressal of their grievances. “The Real Estate regulatory authority Act, 2016” is legislation which supervises all the activities carried out or in by the real estate sector which was framed to take out the transparency in the sector of real estate and to regulate all the activities under it with a strict hand. This paper focuses on the areas and the changes which has taken place after the enactment of “the Real estate regulatory authority Act, 2016” secondly, it studies as to what extent does the newly enacted law has reduce the scope of the consumer protection Act, 2019 Thirdly, it addresses the question whether RERA is actually a better forum than the consumer forum which is common for all types of consumers? Earlier, Real estate was largely an unregulated sector where investors or homebuyers Used to pool or invest their money but due to the lack of unbound laws these innocent buyers or investors were fooled by the builders, delay in possession was the common issue and due to lack of laws or any legal protection which was hardly there in order to protect the homebuyers who had to visit cumbersome civil courts for redressal of their grievances which takes heavy expenses and time. Therefore, “the consumer protection act” was enacted and came into existence which provided them with some relief but was not time bound, inexpensive and speedy nor it was in specific for the sector of real estate. Therefore, in order to avoid all these unfair and expensive legislation there came a complete change in the scenario, the government came with a new legislation and enacted “Real estate regulatory authority act, 2016” which was strongly in favor of homebuyers and to provide them with inexpensive and a speedy justice. Pursuant to this new legislation, a new issue came up i.e. which was the correct forum for the homebuyers to approach – “RERA” or “Consumer Court”. Therefore, this paper addresses this question and seeks to state the inter-relationship between the two Acts.

In various instances, the Supreme Court of our country has resorted to issuing guidelines on matters where both the executive and legislature have not come up with legislation. This raises several important constitutional questions, the primary ones being related to the fundamental constitutional principle of separation of powers and concerns of judicial overreach. The powers to make laws and to lay down administrative decisions are vested exclusively with the legislature and the executive, and intervention by the Supreme Court gives rise to concerns that the judiciary oversteps its authority, interfering with functions of the other pillars of democracy. This article will present various instances where the Supreme Court has issued such guidelines, discuss their constitutional and legal status and effects, and analyze the Supreme Court’s interpretation of the same

This article aims at examining the national security legislations in India which have been the apple of discord between the forerunners of human rights and the guardians of the nation. A discussion on the history and the Constituent Assembly Debates helps in comprehending the rationale behind embodying the national security laws. The objective of this article is to test the validity of these laws on the whetstone of the Constitution. The issue of keeping them out of the scope of judicial review has also been addressed. Reports of SAHRDC on security laws in India have been cited to understand the atrocities that have committed against humanity in the name of securing the borders. The powers of the executive have led to the enhancement of abuse of power on human rights. Amidst this uproar, the Supreme Court through a series of judgements like the Modern Dental College and Anuradha Bhasin judgements has successfully struck a balance between the national securities and civil liberties. Certain reformative steps have been included as suggestions for humanizing the existing laws.

Most Favoured Nation and National Treatment obligations are at the core of the WTO regime for non-discriminatory multilateral trade relations. The nature and scope of the two obligations and the exceptions thereto are by and large similar in GATT and GATS, with some marked differences. This paper traces the evolution of these concepts in WTO framework and in the reports of the Panel and Appellate Body. A study of the Most favoured Nation obligation in GATT, its key elements and exceptions is followed by an analysis of the same for National Treatment obligations, and its contrast with the former. Next part deals with the treatment of the two concepts in GATS and the points of departure from GATT, followed by a conclusion on the comparative analysis

Media intrusion in under trial cases has got its deep root in our society which is sometimes observed as an ethical dilemma especially in the developing countries. In today’s world, media is the gateway to get access to information covering various events, incidents and happenings related to our life and feelings. It is now playing a pivotal role in forming and molding opinion of mass people in a community and we, the people have developed the conviction that whatever exposed in media is nothing but true. Taking the advantage of this propensity, media has reincarnated itself as public court and is now interested to investigate the truth of a case in the name of preventing injustice, misdoing and favoritism especially in high profile cases. Such type of media response injects a vast pretrial knowledge in the mind of the judges and it is difficult to efface prejudicial publicity from the minds of them which may result in a taint verdict goes with public opinion ignoring the evidence produced at trial. Consequently, media verdict becomes the ultimate verdict in trial courts. Though media coverage of a case may be subversive, it basically works as spokesman of mass people whose plight goes unnoticed. In a country like Bangladesh where democracy is yet to be flourished, media, as the fourth pillar of democracy is taking the lead to ensure justice for everyone. It assumes the function of watchdog to safeguard the interest of public against malpractice and misfeasance

The Second National Commission on Labour recommended that the existing labour laws must be amalgamated into five heads – Industrial Relations, Wages, Social Security, Safety and Welfare. According to the recommendation on Wages, the Code of Wages was promulgated to amalgamate, simplify and rationalize the provisions of four central labour enactments. The primary change is the evolution of the definition of wages under the Code of wages from the Minimum Wages Act, 1948. The List of remuneration not included in wages has been expanded for the benefit of the employees. The Procedure to be followed for fixing the wages has also seen a shift towards a more worker-friendly process, to prevent exploitation of the workers which was a prevalent practice before. The changes to the procedure have also made fixing of minimum wages, simpler and more rational. Fixation and Revision of Minimum Wages form an intrinsic part of the Code. They determine the procedure and the provisions to be followed by the appropriate Government while determining the minimum wage rate for a particular set of employees. The Principle of fixation and revision of wages has also experienced a modification from the defunct Minimum Wages Act, 1948 (MWA) to the Code of Wages, 2019. The Legislature has tried to plug the loopholes present in the previous legislation on wages, which were used by the employers to exploit employees. The evolution of the law concerning fixation and revision of wages from the MWA to the Code of Wages, 2019 has been mapped out by this Research Paper.

The dictionary meaning of home is “a place where one lives permanently” but in true sense home is much more than just four walls surround for many it’s a dream and also a place where his soul is attached. An individual works day and night to foothold a space where he along with his family could prosper and secure its future. But what happen if all his day and night earning is plundered through jiggery-pokery or if the real estate developer becomes bankrupt and is in not in a position to deliver the promised property and process the refund ?, This paper attempts to throw the light on the rights of home buyers and the obligations on the builders under the Real Estate (Regulation and Development) Act, 2016 which was enacted to shield the home-buyers as well as to magnify the investments in the real estate industry, this paper elucidate the power’s and functions of the Authority constituted under this act also this paper untangles the position of homebuyers in the waterfall arrangement which is a component of section 53 of insolvency and bankruptcy code and clarity on the dispute whether home buyers are operational or financial creditors for the purpose of the code.

Fan fictions are exactly what the name itself suggests – fictions or stories written by fans on the basis of pre-existing original work. This original work can be anything – books, movies, TV Series, Anime, and so on. Fanfictions are not a modern invention, and can be seen across the world, with various websites to promote the same as well. However, the legality of fanfictions can be questioned because of copyright laws across jurisdictions. Fanfictions are plentiful in existence, and so is copyright for various artistic works. The interplay between the two particularly in the legal sphere is of importance. In this context, it has to be kept in mind that fanfictions are written pieces only. Any inspired drawings or music or films do not fall under the realm of fanfiction. They fall under the specific head called “fanart,” which cannot be equated with fanfiction. The author attempts to bring in an in depth understanding of what fanfiction is, and its connection with copyright law in the Indian scenario. This connection would be explored across foreign jurisdictions such as USA and UK too. The legality of fanfiction, whether it falls within any exemptions granted under copyright laws, whether the law can be changed to allow for the same are all points which this paper seeks to address. The scope of this paper is restricted to fanfiction alone. The research will be purely non-doctrinal, using both primary and secondary sources

Women in India have been subjected to centuries of oppression and tyranny at the hands of its patriarchal culture. Even after centuries of legislative reforms, incentives and various government schemes assisting women in the country, equality still far cry from reality in the country. This paper seeks to identify the steps taken by the Indian government in pursuance of protecting the human rights of women, its affects in the condition of women in the country and the identifying the reason of such disappointing condition of women rights in the country. Since India is a country of rich heritage, religion, spirituality and culture, it can be safe to assume that somewhere along the way the ancient cultural practices and religious scriptures have been misinterpreted and twisted to fit the convenience of a particular class in order to practice domination over others. Additionally, the paper attempts to map the journey of the development of the concept of human rights of women, the international perspective and instruments dedicated towards the protection of human rights of women and their complementary contribution in the domestic legislation and judicial review. Finally, the research paper seeks to identify the real culprit- lack of legislative reforms and assistance or the twisted cultural and traditional practices which have resulted in such a conflicting and questionable state of human rights of women in the country.

The gift of motherhood regrettably is not distributed evenly by God to every woman. Today, approximately 15% of couples around the world are infertile. Being a parent is what every couple dream and also in Indian society a child is believed to be old-age insurance. However, due to infertility, some couples have a child, for those medical technologies have bought a great change by resorting to the practice of Surrogacy which involves various types of Assisted Reproductive Technologies (ART). Surrogacy is an arrangement where a surrogate mother bears and delivers a child for another couple or person. Surrogacy has been a gift to these couples as it has granted them the joy of Parenthood. There are mainly two kinds of surrogacy, first Gestational Surrogacy and second Traditional Surrogacy. Despite that surrogacy has helped many intended parents, still, in India, it has raised several questions regarding its ethical concerns. India allows Commercial Surrogacy that is also known as ‘Rent a Womb’ which was legalised in the year 2002, and India soon after that became the hub of surrogacy. However, it has not got any legal status by the legislature. Recently, in the year 2020 the Surrogacy (Regulation) Bill, 2020 was approved by the Union Cabinet. This 2020 amended bill is the advanced bill of the draft legislation which was passed in August 2019. The bill aims to put a bar on commercial surrogacy and to permit altruistic surrogacy. The main aim of the paper is to provide the Present Laws on surrogacy of Different Countries, Laws related to Surrogacy in India along with Landmark Judgements, Types of Surrogacy that are allowed in India, the Key Features of the 2020 Bill, and also What are the Rights and Duties of a Surrogate Mother.

The nature of Industrial relations is dynamic. The concept of industrial relations came up during the 18th century & this term has been used differently in workplace situations at different times over the years. During the colonial period, the labour policies of the colonial govt. & the attitude of the colonial govt. toward industrial relations was the passive regulator. In this article, I will be dealing with the evolution of the Industrial relation and how it has developed over the years.​

The principle of Permanent Sovereignty over Natural Resources (“PSNR”) ensures that a state has ultimate control over its own natural wealth and resources and the development, utilization, and exploitation of such resources shall be subject to the state’s national laws. The development of this principle can be attributed to the newly independent states in the early 1950s who sought to gain control over their resources after decades of exploitation by their colonizers. The first resolution on PSNR was the United Nations General Assembly Resolution 626 (VII) which recognized that countries have the right to freely use and exploit their natural resources for their economic development and progress. The most important instrument on PSNR came in the form of resolution 1803 (XVII) which guaranteed the right of PSNR to states and peoples. In 2007, with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, the United Nations (“UN”) also recognized the right of indigenous people over their traditionally owned or occupied land. However, despite these legal instruments, there is still debate on if this right accrues to the people as well. This paper examines the concept, history, and instruments on PSNR and ultimately answers this question in the affirmative

The spirit of Indian Democracy is founded on the basic fundamental rights enshrined in its Constitution and the fundamental right which runs the wheels of democracy, it the Right to Free Speech. This very right, like every fundamental right comes with a reasonable restriction and responsibility. However, the right to free speech is purportedly terrorized by the action of criminal contempt. The law of Contempt of Court is an archaic law, which is vague and lacks due procedure. More than a reasonable restriction, it is being used as weapon to threaten those who voice and revolt against the judiciary in particular or any organ of the government in general. The line between free speech and contempt of court is very thin, and both i.e the public at large and the judiciary must not jump this line and must within the ambit of this line so as to not stifle and stumble upon one another. The changing times, demand, that people must voice their opinions and the Judiciary must refrain from reacting to such revolts, since the role of judiciary is much more important and higher than any revolt. It must not use the weapon of contempt to strangulate the voices of the public at large. In my opinion, fair criticism is a must and to run the democracy smoothly, people need to voice their opinions and expressions freely, without any fear anyhow whatsoever. Moreover, criminal contempt is too dangerous for the democracy, because if it is motivated and encouraged, in no time it will kill the very spirit of democracy and turn this country into an autocratic state. In conclusion, it is pertinent to state that, in an era, in which social medias are full of critics, commenters and observers who deem it necessary to air their views in many unrestrained and uninhibited ways, the higher judiciary should not really be spending its time and energy invoking its powers to punish for contempt of itself.

The Right to Information Act 2005 came into force on 12 October 2005 with the basic aim of good governance. RTI is probably one of the most discussed legislations having a great impact throughout every sector, whether it be the educational institutions, administrative institutions, or even the whole governing body. The RTI act 2005 is very progressive legislation covering not only the government bodies but even the private institutions having somewhat relation with connections to the funds from the government keeping in mind the public welfare. This legislation has a direct over-riding effect on the other legislation, increasing the accountability of the government wherever it is in the public interest. Even though the Right to Information as a large is in favour of the public, but if we see at its ground root level most of the officials are not happy with this type of disclosure and interference. One of the major problems with regard to the disclosure of the information is the protection of Whistleblowers, one who brings to light any scandal, scam, malpractice or incident of corruption. Thomas M. Devine, University of California rightly said that “Whistleblowers protection is a policy that all government leaders support in public but few in power tolerate in private”. The method of research adopted by the researchers in this paper is doctrinal. The researcher here in this paper will be discussing the primary ideology behind the Right to Information concerning the whistleblowers, highlighting certain major case laws and the major happening with regards to whistleblowers and discussing the government’s success and failure with regards to the Right to Information

The death penalty is a government and judiciary-imposed practice to deter crime, give justice to the victims, and purge the criminals from society to refrain them from doing such crime again. It dates back to the antediluvian when the law and order synonymized with the monarchy. If the death penalty is carried out has an irreversible effect. China has the highest number of executions per annum. In India capital punishment is awarded for the most heinous crimes committed. The researcher has cited various reliable and independent sources, statistics, and judgments which are employed to either debunk or prove a theory. The researcher has also employed several precedents and quotes to establish his viewpoint. This research is based on a doctrinal type pattern, based on information that has been already available and analyzed those facts to make an evolution of this research and involves both primary and secondary data from articles, legislation, parliament bills, and reports. The main object of this study is to interpret capital punishment in India, India’s stance on capital punishment from a global perspective and if an alternative to capital punishment is plausible

The coordinating force in the public arena of religion is an acknowledged fact, yet minimal cautious investigation of this "fact" is accessible. The making of a working meaning of solidarity (combination) is one of the requirements; another is the determination of how religion works in the coordination procedure between solidarity and religion. This paper is about the theory of Social Solidarity presented by Emile Durkheim in The Division of Labour and its connection to religion in India. What's more, by religion the paper does not mean a wide, Durkheimian thought of religion – that is, religion as any arrangement of convictions and practices within the moral network. The paper proposes that religion is alive not disregarding advancement, yet rather on the grounds that innovation and religion are not really hostile. It is just no longer helpful to consider religion an irregularity in the cutting-edge age.​

Indian Citizenship has been an untended controversy since the period of partition with Pakistan. Owing to the sore relations between the two countries and a cumulus migration of people back and forth has led to this uncertainty in the legal identities of the people. One such controversy recently took a violent turn in January, 2019 after the recent enactment of the Citizenship (Amendment) Act, 2019. Even though the Constitution of India provides for certain provisions regarding Citizenship but the same do not take into consideration of every aspect of citizenship and thus has given power to the Parliament to make laws pertaining to this topic. Thus, the enactment of CAA came into being which blazed the fire amongst the people. The said Act constitutes certain questionable provisions which brought the Basic Principle of Secularism into question. The Act tends to exclude certain communities as well as some neighbouring countries from its scope and introduces the usage of National Register of Citizens which had already been a rising conflict looking at the statistics and circumstances established in Assam. Taking into consideration the conflict between the government and the people, the present study clarifies the objectives behind CAA, the interpretation of Citizenship based on the Constitution and finally the Pros and Cons of CAA in order to speculate the discrepancies and statistical validities attached to it. The author aims to bring out certain justifications to the provisions of the Act and suggested certain amendments to remove the conflict and establish a law in line with the constitutional principles

The prime object of this paper is to manifest a meticulous reply to the query ‘can copyright be obtained over a blog?!’ This paper reveals a clear picture about blogs and displays a comprehensive overview of Copyright under the purview of Indian Copyright Act of 1957. It also elucidates what all can add up and does not add up to infringement of Copyright, the forms of work which cannot be copyrighted in India, the term of Copyright protection in India, and also delineate about the registration process of Copyright. After sharing the deep knowledge about Copyright, it responds to the main query. Indubitably, blogs can also obtain Copyright protection which is also supported by The Indian Copyright Act of 1957. Their work should also be protected from being illegally used by anyone as the creator put his utmost effort to bring out a creative work.

The Indian Caste System is one of the main dimensions of the social division of people in India by class, place, tribe, religion, gender, and language. Not only in the Indian caste system, but discrimination is also seen in the family structure. In the ideals that are being taught to the new generation, patriarchy or dominance of men in a family has been rooted. Judges' own biased views and their impartial thinking are very different from what the statute seeks to offer, which leads to tension between different members of society's hierarchy. The purpose of this paper is to explain the discrimination in determining a matter specifically involving lower caste individuals and how the Indian Caste System promotes the statistical representation of a specific caste and gender of judges in court. After objectively studying how caste plays an important role in the decision of a case, a new way out has been suggested for a fair and better tomorrow as intended by the constitution drafters

Banking System always has an important role to play in the economy of every nation. It is important as it provides for the need for credit for all sections of society. The growth prospective of our nation is based on its well-built banking institution. The banking system as it stands today has become more intricate with different services stemming from reliance on technological changes which has shaped the complete banking system from a manual intensive industry to a highly automated and technologically dependent industry. But this technologically dependent banking continues to present challenges to financial security and personal privacy. Crores of financial data transactions occur online every day and bank cyber crimes take place every day when bank information is compromised by skilled criminal hackers by manipulating a financial institution’s online information system. This cause huge financial loses to the banks and customers. So, one of the major concerns of people transacting through internet banking is the safety related to data of bank account, transactional information, and also the access path of their accounts. And thus accordingly the present paper tries to discuss the major issues in internet banking and the legal framework which tries to overcome these issues. Everything in this assignment is discussed with practical illustrations

An indigent person is a person who either does not have sufficient means to pay the court fees when she/he is required to pay or is not entitled to property worth one thousand rupees when the court fees is not prescribed. In this paper author and co-author deals with a logic study and had added some provisions for such cause.​n

Unlike the conventional world, territorial borders do not exist in the virtual world. On the internet, there are neither political barrirers nor any territorial demarcations. The cyberspace is one single space devoid of any national boundaries. This global medium has transformed the world into one single community; one single ‘globalEngagingg in online activities are no longer a novel experience yet, there are many unresolved issues unexpended in determining the jurisdiction over the individual which is a fundamental legal threshold in order to pursue one’s legal rights. There are two principal modes of testing the jurisdiction have moved to the forefront. One is the “Zippo Test”, after the case in which it was first articulated which bases jurisdiction over a non-resident website on the degree of interactivity between the website and the forum. This test has been found by the cyberlawyers, scholors and many Courts to be inexact and therefore not particularly helpful. Consequently, the “Effects” test has evolved which focuses on the effects intentionally caused within the forum by a defendant's online conduct outside the forum. After summarizing the background and evolution of both the Zippo and Effects tests, this article demonstrates that the Courts are not embracing the Effects test as a panacea to the dilemma of determining jurisdiction, but rather a combination of both the Zippo and the Effects test is being employed. Oftentimes a Court will begin it’s case analysis of with the Zippo test but completes the jurisdictional determination using the Effects test. It is therefore to be advisable for attorneys advocating jurisdiction to use both the tests, since the effects test may work where the sliding scale of Zippo might not.​

This research paper will provide a brief introduction about cyber crime in India, what constitutes a cyber crime and a general awareness about cyber crime around the globe. People of India are unaware of continuous initiatives taken by Indian government, law makers and executors to curb cyber crime. It will also help us to understand that with the increase in the use of internet, cyber crime has also been increasing, so what are the tactics these criminal used to hack into computers, identities of people, get the benefits by illegal means and are the laws and initiative been taken are enough or not to curb the cyber crime in India. It is important to research about the reasons of increasing cyber crime in India. According to reports, in 2019, 25% of FIR's in Bengaluru were filed for cyber crime. So, we need to identify what's wrong in the mindset of these criminals and how we can be safe from these crimes. This research is based to analyze the types of cyber crime and its punishments according to Indian laws, make people aware and give an overview of cyber security, cases that happened in past few years and initiatives taken by Indian government to curb the cyber crime. Further, the paper aims discuss about the recent Data Protection Bill, 2019 and the solution through which we can be aware and safe while using Internet and devices. Also it will help us to know what's missing in the laws and its implementation that the cybercrime has been increasing over the years and do India has enough of Technology and skilled people to curb the cyber crime.

Domestic Violence has prevailed in the society since the beginning. In the early Roman era, a wife was considered to be the ‘property’ of the husband. He could hit her, divorce her, kill her for the offences that were committed by her. None of the women could take any action here as this was considered to be a private matter. The common law of England gave the husband the right to beat her wife for maintaining a discipline in the family. Women, from the beginning have faced many problems. The act of a husband hitting or torturing or even killing the wife is still stays constant. Till date, this is a common practice which finally is being talked about and steps are being taken to protect the people from facing such atrocities. Since the women have always been presumed to be inferior, it is fair to say, that majority of the males have often taken this as an advantage to be dominant. Due to this, many of the males saw this as an opportunity to manipulate and brainwash the society. They made them to believe that the females are mere “properties” and are not worthy of being in power or, in some cases, even being treated as a ‘human’. Seeing such injustice, people began to be vocal about the issue which was gradually becoming an unfortunate state of affairs. We, as a society took as many measures as possible to stop the females being the victims of such an abuse. There is no doubt that such an abuse faced by women is in a larger number than the men. But somewhere along the way, we have overlooked the men that are being crushed.​

With the advancement in technology, crime rates are also increasing. More than adults, children are being sexually exploited through this latest technology over the internet. Many of them knowingly or unknowingly share, transmit, and publish such obscene pictures of children over the internet which makes them held liable for offence of child pornography. Due to this many times, intermediaries also come under this purview and are held liable. This paper explains laws which make such acts as a cyber offence against a child. This paper also deals with what extend the intermediary be held liable. It will also try to cover the latest precedents related to cybercrime against a child

The paper talks about all the animal rights prevailing in our INDIA. The authors want to make aware all the readers about the rights of all the speechless creatures enshrined in our Indian constitution and all other laws, such as WILDLIFE PROTECTION ACT, CATTEL TRESSPASS ACT, and various acts. As we all know that these speechless creatures are in a worst condition, and they have no one for them to fight on their behalf. The authors have researched very deeply and showcased the role of our Indian judiciary through various case laws. The authors have put more emphasis on a world-renowned organization PETA, which runs all over the world for the protection of animal rights. If we talk from the religions point of view, the authors told about a renowned Bhagwat preacher Devi Chitralekhaji, who at a very young age, took an initiative of making a Cows Hospital in India, (Haryana), namely as GAU SEVA DHAM HOSPITAL, in which all the animals, especially cows are treated, with all the facilities of operation theatre, x-ray machines, etc. This is the beauty of our INDIA. Also, the authors have explained the procedure of how to take care of your animals, in our covid-19 situation. The authors have covered almost all the aspects of animal rights in this research paper. Our constitution explains us about some of the fundamental duties, in which it is written that it is our fundamental duty to take care of every animal on this earth. Hence, the authors request all the readers to just read this research paper once and think of all the rights and case laws and spread this concept and awareness to all the citizens of India. If all the citizens will get to know about the animal rights, then one day our INDIA will again be renamed as the “GOLDEN BIRD”.

This article deals with the Economic Analysis (based on Cost-Benefit) of Modi Government’s Demonetization. A Cost-Benefit analysis has been done on aspects like vetting Black Money, changing of tax figures, the menace of counterfeit currency, effect on GDP, inflation, digitization, ease of doing business, change in interest rates and unemployment. Primarily focusing on the latter, the article also goes on to explain the term ‘Demonetization’, it’s history in India, procedure, implementation and legality of the same through the analysis of various case laws, judgements, notifications and ordinances. In the light of all above, a conclusion is drawn analyzing the success or failure of the 2016 Demonetization in India.​

Freedom of speech and expression is the blood of democracy, palpitation of democracy, control of the administration and makes mindfulness among the individuals. Blood eliminates the dead cell in a similar way freedom of speech and expression eliminates the subjective government and spot a law based government In the Indian constitution, the phrase “Freedom of Press” is not expressly mentioned, but it is implicit under Article 19(1) (a). Freedom of media is the freedom of individuals, as they ought to be educated regarding public issues, we can say that Freedom of the press is the freedom of communication and expression through vehicles including diverse electronic media and published material. Once the media was profoundly viewed as the voice of individuals, however now it has become the equivalents of falsehoods, contempt, purposeful publicity, coercing. Technically a democracy stands on the pillars of judiciary, executive and legislature. But with the rise of the press and its power to reach every nook and corner of the state it can also be considered as the fourth pillar of a democracy The accompanying paper would discuss the contribution and necessity of freedom of the press in a democracy and importunes in constitution

Women have been subject of different forms of violence from time immemorial. Domestic violence is one of the extreme forms of abuse committed within family which is considered to be a safest place for any human. The United National Committee on Convention on Elimination of All Forms of Discrimination against Women in its General Recommendations has recommended that State parties should act to protect women against violence of any kind, especially that occurring within the family. Indian Constitution has made a number of provisions for protecting the rights and status of women. After briefly discussing the measures under Convention on the Elimination of All Forms of Discrimination against Women and Constitution of India this paper focuses on remedy provided under Protection of Women from Domestic Violence Act, 2005. The prime object of this Act is to protect women from domestic violence. This Act is different from the earlier legislation, as it not only includes physical or sexual abuse but also verbal or emotional abuses, which were not taken into consideration by the earlier laws. This paper also focuses that in order to render speedy and effective remedy to the victim of Domestic Violence there shall be a effective implementation of this Act. There is an immediate need to resist and report of abuse of Domestic Violence. The courts should not be reluctant in passing the orders within the prescribed time limit.​

As COVID-19 continues to spread around the globe, Human Resources (HR) teams in all organisations are working hard to bring together a thorough and people-first solution to the pandemic, all while reacting to difficult questions, minimising everyday organisational disturbances and quenching the concerns of their anxious staff. When there is an overload of anxiety and confusion amongst the employees, who can manage the answers better than an organisation’s "people centre" i.e., the Human Resource Department. The primary objective of this conceptual research paper is here to recognise the crucial role of Human Resources in the current crisis. The research will focus on How can companies/HR ensure physical and mental safety of their employees, Why employee well-being and engagement is important at this point in time, How are organisations/HR ensuring business continuity, How is HR across organisations managing the training, learning and development of employees as they work from home and, Importance of recognition and appreciation during work-from-home. The analysis of the situation and the research will be based on Secondary resourced.​

Competition serves as the key element of success since it ensures efficiency, innovation, more creativity, more customer friendly pricing systems of the products, which give a boost to the nation’s economy. Markets are vulnerable and susceptible to the wraths of the big powerful enterprises which by showcasing their dominant power in the market victimizes the customers and other entities in a market and only target at securing more and more benefits at the detriment of the consumers at every level. As a legal protective shield, The Competition Act was enacted which aims to churn out all Anticompetitive Practices through mainly preventing Anti-Competitive Agreements and Abuse of Dominance situations in the market. This project by analyzing the basics of development of the act gradually focuses on Section 3 and Section 4 with respect to the Anti-Competitive Agreements and the Abuse of Dominant powers and scrutinizes the various agreements, Arrangements and Conducts which pose a threat to the competitive spirit in the market. Such that the project can offer a clear view of the restrictive action as mentioned under the Competition Act so that an atmosphere of healthy competition can be encouraged in the markets to help the finance of a nation boom

Medical Council of India have been criticized severely in the past and reforms have been demanded univocally. The National Medical Commission (or NMC) have been replacement brought by government which have not just overhauled the existing structure but also introduced several new provisions like fixing of the percentage of fees, four autonomous boards, bridge course and common final year exam which have faced severe criticism from medical fraternity. The object of the study is to analyze and compare the working of National Medical Commission with Medical Council of India and to scrutinize provisions of the Act. The article will try to track the reasons for the downfall of the Medical Council of India and verify the fears and criticisms of the NMC Act levelled by the stake-holders and medical fraternity. Further the provisions introduced in the Act will able to attain the goals for which they are made. The Medical Council of India have been considered structurally opaque and have outlived its usefulness. Now question is whether commission will be able to reform the rustic and corrupt structure of medical profession or education along improving the health standards of the nation

The paper attempts to analyse the Human Rights of the Elderly Persons in India concerning the health care of the elderly as they are vulnerable and scant focus has been paid to this important aspect traditionally. Thus the purpose of this study is to review the human right perspective of this group. The paper focuses on analysing the international documents and the regional conventions in upholding the Human rights of the Elderly person to health care. Moreover, the resultant efforts taken up by India in this aspect are also studied in this paper. Based on doctrinal research methodology, the study attempts to address the Human Rights of the elder persons in terms of health care and basic determinants of well being. Several issues such as healthcare affordability along with health care efficiency, acceptability and reliability are analysed and discussed in this discourse. The chapter aims to combine principles, norms, and perspective from Human Rights in Health and Aging. Thus in filling in these gaps, the study focuses on ensuring recognition of older people’s right to health and successful development and security of their associated Human Rights, which are essential to healthy enjoyment

Democracy cannot exist without justice and justice cannot exist without an independent judiciary. The judiciary is identified as the last bulwark against arbitrariness and all that can be broadly labelled as not only unjust but also immoral. The nation reveres judiciary on various vital issues affecting the country. In fact, the impression of the judiciary as final bastion against what is unjust is not of recent origin; it is discernible throughout the recorded history of mankind. The Constitution of India has been regarded as less of a composite ground norm rather it is consider as a document which portrays character of unique human eclecticism through the major social, political, economic justice. The purpose of the Indian Constitution has always been achieving the humanitarian utility by idealizing the concept of welfare state. The framers of our constitution have expresses a sense of unease with the status quo and raised expectations of root-and-branch social revolution and transformation thereby securing “to all its citizens, justice-social, economic and political; liberty, equality and dignity . The judge without judicial activism can perhaps be described as a flower without a colour and fragrance; and a vehicle without fuel and wheels. In protecting the principles of ‘welfare state’ judiciary, should play an active role as a watching tower and judgments should be society oriented. The Indian judiciary has adopted an activist goal-oriented approach in the matter of interpretation of fundamental rights. The Supreme Court judiciary in India has undergone a radical change in the last few years.

Life of individual is a gift to whole mankind, which is to be preserved, protected and prospered. Right to life as a natural, fundamental and human right has become an integral part of every positive legal order in the world. Right to Life is, in fact, dependent upon the health of an individual. In other words, right to health is a prerequisite of the Right to Life and to live with human dignity. Universal achievement of 'Health for all' has gained importance among nations of the world, as health is declared to be an essential part of right to life. Health is a critical investment for human resource development and poverty alleviation in India. Public policy for health has been based on an implicit assumption of health care as a basic right which people should not be denied access to as they are not able to pay. Yet, the resources provided by the Government to achieve better health status through the provision of high priority primary health care services for the vast majority of Indians has been inadequate. This paper aims at critically analysing the National Health Policy, 2017 highlighting the historical background behind its formulation under the light of previous policies and plans. The paper also discusses the fruitfulness of the NHP, 2017 and its impact on pregnant health

The paper aims at appraising the understanding of the concept of domestic violence linking it with the rights intrinsically attached with women. The researcher will divide the research paper into three sections. The first section would be the development and understanding of the concept of “Domestic Violence”. The section would highlight the various types of abuse: Physical, mental, sexual, verbal and emotional as well as economic abuse. Further the second section would focus on the Domestic Violence Act, 2005 of India and the critical analysis of the same keeping in view the current 20th century societal standards. The third and final section would focus on the development of the concept with the help of various judgements given by the highest court and an attempt to present a world opinion on the same. The paper is an attempt to analyse the varied situations and problems that women face in their household, which is generally considered as a protected place for every person whereas on the contrary the women have to face the highest level of abuse in the secured place which makes home a vulnerable place for them. The researcher aims to provide a clear picture on how women empowerment should first began with women being treated as a fellow human

The purpose of criminal law is to protect the society against every crime and to ensure this it prescribes punishment. This protection is available to everyone irrespective of their sex or gender. But the same is not true in case of sexual offences such as rape or outraging the modesty for example. The law relating to sexual offences in India is gender biased in the sense that it proceeds on the presumption that only women can be victim of sexual offences. The legislature, despite many recommendations, has failed to amend the law and thereby acknowledge the sexual victimization of men and transgenders. There are very few incidents when a rape against men/transgender is reported and even if it is brought into light, no appropriate action is taken because of absence of law on the subject. After Nirbhaya case, the Criminal law (amendment) Act, 2013 brought major changes in the rape law but still the relevant definitions were not made gender neutral. Last year in December, the Transgender Persons (Protection of Rights) Act, 2019 was passed which contains provision prescribing punishment for rape committed against a transgender. But this Act is heavily criticized and one of the points of criticism is that the quantum of punishment prescribed for rape is very less. Recently, Criminal law (Amendment) Bill, 2019 was introduced in the Rajya Sabha with an intention to amend existing rape law and make it gender neutral. In this article, the author has explored the concept of gender neutrality and its relevance in Indian rape law, along with an analysis of Criminal Law (Amendment) Bill, 2019

Remote sensing is an advanced technology used to identify, observe and measure an object from outer space without any manual intervention. The amount of information that could be collected vide the remote sensing activities tantamount to invasion in the privacy of an individual as well as to the neighboring nations. Though the Outer Space Treaty has declared the extra territorial space to be treated as a common heritage for all mankind, the rights of the states that are being sensed are violated. This poses a strong threat especially to the developing nations who are brought vicariously under the surveillance of the developed nations having an eye in the sky. The remote sensing technology of the developed nations are more advanced compared to the developing nations. Lack of a clear International legal framework has resulted in such a disparity and the legal subcommittee of the UNCOPUOS has not addressed the condition of the developing nations. The sovereignty principle of the United Nations is under threat by the nations collecting information of other sovereign states and are providing them information back to the sensed state at a cost. The sensed information includes military strategies, minerals and yield of crops and personal privacy. Under the freedom of information, the leading nations such as the United States, European Union and Russia have defended their usage of remote sensing technology on other sovereign territories. The study will highlight the ways in which the rights of the developing nations have been denied and their privacy invaded. Further, the study will provide suggestions and recommendations to treat the sovereign nations equally and the need for an international legal framework to treat the nations equally

Man, to a great degree, controls his own destiny, but he too is exposed to certain basic impulses and this may be noticed by perceiving human nature. Man is free, rational and has the capacity to act in manner which is in conflict with eternal law, unlike the rest of the creation this eternal law had to be proclaimed to him through reason. The doctrines of natural law and social contract were prominent in the legal philosophy of Immanuel Kant. According to Kant “Freedom in law means freedom from arbitrary subjection to another and law is the complex totality of conditions under which maximum freedom is possible for all”. The Magna Carta and the Petition of Rights,1628 were repeatedly reiterated and finally concluded in the Bill of Rights 1689, which was passed as a Parliamentary Statute. The Act of Settlement 1701 which followed had for its title. An Act declaring Rights and Liberties of the Subject which were affirmed as the Birth Rights of the People of England. The term Life signifies every aspect of vitality which puts a human being in good shape for self-determination. Hence life includes bodily including cerebral health and freedom from the pain that betokens organic malfunctioning injury. According to Locke, liberty was one’s right to do what one chooses with what is one’s own- to freely follow one’s own will and not the command of another, as long as he respects the equal rights of others. According to Hobbes Freedom means “non interference, independence from the State, the personal and proprietary liberty of the governed”. Keywords Liberty, Freedom, Life, Magna Carta, Bill of Rights, non interference​

Human rights restriction in an emergency situation is necessary. However, the context of Covid-19 pandemic should not be used as an "excuse for human rights violations". Ensuring human rights should be the key to cope with a pandemic. Human rights need to be addressed both in a public health emergency and in the context of the impact of the pandemic on people's lives and livelihoods. In this paper, the author will analyze some legal aspects of restriction on performing human rights law and regulations in the pandemic of covid-19 following international law. From there, the author will link this issue to the reality of implementation in Vietnam

With the continuous development in the e-commerce market and medicines being a necessary good, the introduction of the e-pharmacies has proved to be a support and advantageous at the time of global pandemic Covid-19. The utilisation of e-pharmacies by patients is on the rise due to the benefits of privacy and ease. Moreover, there are some competitive advantages in the e-pharmacy market when compared to the brick and mortar system, which suggests the long term presence. The competitive advantage when analysed from Porter's Model indicates that the cost leadership and differentiation strategies have been adopted by the e-pharmacies instead of focus strategies. The current market situation of the e-pharmacies when compared to the brick and mortar system manifests the development of potential competition issues due to the amalgamation of e-commerce and pharmaceutical market, currently, the two of the most anti-competitive markets in Indian jurisdiction based on the filed information. The paper highlights the competition issues due to the competitive advantages and data availability in the e-pharmacy market. The identified potential competition issues include fixed trade margins, constraints in the supply chain, preferential treatment, the tying arrangement between doctors and pharmaceutical companies, resale price maintenance data masking, and countervailing power. However, the steps can be taken beforehand, such as advocacy, the inclusion of data privacy, sharing of the algorithm used with the government organisations, and keeping track of the contracts in the supply chain to improve the condition of the market

The inhuman practices of honour crimes have constantly been rattling multicultural fabric of the Indian society for ages. These practices have often sparked an ongoing debate between the gender theorists and the cultural theorists, especially in the field of academia. This debate not only concerns the analytical supremacy of either of the two theoretical frameworks, but also raises some important issues which often remain under-explored, particularly in the court of law. The question of gender is one such crucial area of analysis as far as the honour crimes are concerned. Gender, as a concept has also evolved since the 19th century, largely because of the different waves of the feminist movement worldwide. The development of the notion of gender has been significant, from primarily being affixed to an individual’s biological characteristics, as touted by the theorists such as Talcott Parsons and Emile Durkheim, to being perceived as a social construction, largely by the ethnomethodologists. The Hon’ble Supreme Court of India has time and again addressed the question of gender while deciding the cases involving honour crimes, increasingly over the past two decades. In this research, by adopting a comparative and doctrinal framework, we will analyse five of the landmark cases involving honour crimes, decided by the court in the last twenty years. Primarily by comparatively analysing the language of the judgments and the choice of words in those, we will try to determine the developmental trend of Supreme Court’s addressal of gender issues involved in these crimes in the light of the Parsonian and the ethnomethodological theories of gender. Our main argument is that, the court needs to urgently address issues of gender with regards to the male victims of honour crimes, as a mainstream one, rather than constantly marginalising them. In our opinion, this goal can be achieved gradually by adopting an ethnomethodological perspective of gender. Our primary findings indicate that despite its slow-paced attitude, the Supreme Court of India is gradually moving from a Parsonian concept of ‘gender binaries’ to a comprehensive ethnomethodological notion of ‘gender as a social construct’

Learning is a journey not a destination. The education that is gathered by many individuals is an outcome of efforts by our teacher’s and teacher’s education system. The main aim of professional development is to bring transformation in teacher’s education system which is a difficult task. In present scenario where knowledge is available in abundance and at un-imaginable speed it is necessary to remain up to date otherwise the most sophisticated knowledge becomes redundant. To keep themselves updated they must re-acquire the knowledge and re-learn to survive the challenging situations put in front of them. It is the need of the hour that some concentrated steps should be taken like introduction of professional program for teachers as it is always said “investment in knowledge bars the best interest”. Teacher imparts education which acts as a building pillar for any nation and they do so from the knowledge that they have acquired prior to service and while they are in service. In the past decade’s teachers used traditional ways of teaching transferring content to the secondary audience of the students. But now classroom teaching has been completely revolutionized as teachers these days use modern tools like power point presentations. Someone rightly quoted that “people resist changes in their environment” but the bitter truth is they often forget to calculate the gains that they will get from that one change. This paper mainly focuses on introduction as well as implementation of various professional development courses for the upliftment of the knowledge of the teachers so that they can keep up the pace with the fast-moving knowledge of the 21st century

In the socio-economic situation of our country, many workers are forced to leave their homes in the hope of a better future. Most of the workers are uneducated and poor, so they are deprived in many ways. One of the key features of a democratic society is that it should be free from inequity, injustice and unfairness in treatment. Although there are provisions in the various Acts to protect the migrant workers from exploitation and deprivation of their legitimate rights in their work field and for ensuring their safety and security, recent experience shows that those persons (migrant workers) are still subject to exploitation and deprivation not only by their employer but also by their own native neighbours. The present paper attempts to describe the problems faced by the migrant workers in India. It also attempts to identify the issue of protection of migrant workers under both national and international laws governing the same. This study finally suggests that legislation has to be brought in as soon as possible to solve the existing issues

Ever since independence, the Indian state has been committed to an ideology of ‘development’ which is more focusing on infrastructure development, industrial growth, progress in science and technology, GDP growth means inclined towards economic development ignoring the other aspect of development such as social, cultural and ecological. This development has displaced people not only from their homes but homelands and this is visible by the development projects which characterises standard of living as their main component and not include way of living and well being in the ideology of development. Displacement not comprises only of relocation of land but it deprive people of many thing that are fundamental to their lives such as livelihood, familiar environment, sense of belongingness, community network and way of living. A sovereign nation right to development in a form of massive infrastructure growth violating the individual right to development which ensure full realisation of hisher being. Today the ideology of development is related to economic growth and pay less attention to remove inequality form the men’s life and ensure freedom of choice i.e., how to develop and where to develop. But these development project ensure GDP growth irrespective of the impact they cause on the life of the people and thus called them displaced not only from their lands but culture, familiar network, way of living and sense of belongings. The state by providing to these people as a resettlement site which have an access to basic amenities claim that they have provide them the dignified life. But this aspect of dignity is only fulfilling the physical attribute of an individual life not their security and felling of belongingness to that particular locality where they lost their network of caring and sharing. This results this that displaced people loss their capability i.e., state take away from them the proper human condition to know ones capability. This we call a new exploitation in the name of ‘Public Purpose’ which will benefit a particular section of society while the displaced people would end up in miserly. One of the main issues about the process of displacement that the affected people’s voice in relation to the rehabilitation had largely ignored. They only get inform about the process but no authority addresses their views and no consultation ever taken with these affected people which prepared the ground for social injustice

On September 27, 2020, the president of India Mr. Ram Nath Kovid gave his assent to the three farm reform bills – The Farmers’ Produce Trade and Commerce (Promotion And Facilitation) Bill 2020, The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Bill 2020, and The Essential Commodities (Amendment) Bill 2020. These bills have been passed by the parliament in the recently concluded Monsoon season. Our Prime Minister Mr. Narendra Modi hailed by passage of these bills by saying “A watershed moment in the history of Indian agriculture!” But the thing to worry about is the farmers for whose betterment these Acts have been made are on streets protesting these Acts. Farmers organizations like Bhartiya Kisan Union (BKU) and the All India Kisan Sangharsh Coordination Committee (AIKSCC) have been protesting the bills from September 2020 itself. They have raised the slogan of ‘KISAN BACHAO MANDI BACHAO’ in this article we will discuss the reforms brought by new Acts, why are farmers protesting and way forward.​

The issue of woman’s right to abortion is a controversial factor because it not only includes the feminist theory but also should consider other factor which includes human rights, health law, women and children’s right. Here the debate starts with the death of the child which is the consequence of abortion. Whether it already carrying a “life” as a fetus when the woman has conceived or it’s just a piece of flesh is what still many research fails to explain. A mother who is yet to bring a new life into the world has her only right ahead than anyone else’s. It’s very important for a person to reach at a proper decision to either save a mother’s health first or save the child first. A child can be a blessing only when the mother is happily bringing him or her into the world. Abortion Laws therefore seeks greater freedom for the women and it has been liberalized more for the sake of women so that never a woman is forced to give birth at the consequences of their health. It doesn’t mean women are free to practice their choice. The law is pertinent about its reasons and conditions on abortion. Due to this mandatory reporting procedure laid in MTP Act, many girls under the age of 18 choose to have illegal abortion as they know the fact that medical practitioners might to do so legally due to complications in the legal framework. This violates the women’s right over her body. This work aims to study the various legal issues and conflicts pertaining to women’s right to health and right of the unborn child

Divorce has always been seen under a negative light in our society, the provisions for divorce that exist today in India throughout different acts do not seem progressive enough. Marriage is seen as an indissoluble relationship between a man and a woman under Hindu Law, and even though this hypothesis may sound timeworn, the concept of Restitution of Conjugal Rights stands upright to back this up. Until the enactment of the Hindu Marriage Act in 1955, Hinduism did not recognise the separation of a wife form her husband due to any reason, be it abandonment or domestic violence in the household. These reasons led people to believe that a broken marriage or a marriage which results in divorce is something that is against God’s will, making divorce even a larger taboo in the Hindu community. Islam, on the other hand has recognised divorce as a matrimonial relief from the very start, however, it is something that is suggested to be avoided. One starts to question why divorce is seen as such a taboo in India and the answer to this question is often found in the very root of different religions. The Prophet has listed divorce as one of the worst things that have been permitted under Muslim Law, and it is not an option that one should opt for until and unless it becomes an absolute necessity. There are multiple theories of divorce under both the Hindu Law and the Muslim Law, this paper will seek to analyse these theories and compare the important grounds listed in them, providing more focus towards the divorce at will theory and the rather controversial theory of the Irretrievable Breakdown of Marriage under both the Hindu and Muslim Law.​

After becoming the member WTO and with the advancement of science and technology, India has start formulating its laws and policies in order to make more and more innovation in the field of IPR. Intellectual property rights becoming an upcoming resource for economy and development. IPR system has many different forms of protection which are independent to each other and regulated by different laws. India has played very crucial role in various treaties. Perris convention and TRIPS agreement are the two leaders leading the IPRs throughout the world. IPR is required to safeguard creators and other producers of their intellectual commodity, goods and services by granting them certain time-limited rights to control the use made of the manufactured goods. This paper analyses instruments of Intellectual property in India which includes- Rights Related to copyright, Industrial property rights, Copyright, Patents, Designs, Trademarks, Geographical indications etc. Paper also discuss about legal framework regarding instruments vis-a-vis Intellectual property rights & also through a light on The National Intellectual Property Rights (IPR) Policy 2016

Journalists are not safe even in their own country and there is an urgent need for effective laws for the protection of journalists in India. Journalism plays a very important role in our society, without which the world would be ignorant. It has become strenuous to find the correct balance between the right to express freely and protect journalists from abuse and threats. Journalists are increasingly becoming the victims of harassment, including death threats, verbal abuse and smear campaigns etc. Freedom of press is considered to be an integral part of freedom of speech and expression. The research paper dives deep into the subject of crimes which are conducted against journalists. The text also cites a few instances where journalists have been victims of various crimes and how it has affected the country in terms of democracy. It also emphasizes the need for legislation for the safety of journalists. It also provides various means that the authority can implement for access to right to speech and expression to be an informed citizen..​

Covid-19 has taken the entire world into its grip and adversely impacted the Global Economy and as a result people's life. Almost all sectors of the Indian economy are adversely affected including the MSME sector which is its lifeblood. MSME sector was already facing huge turmoil due to plunge in Indian economic conditions than two economic shocks one is demonetization & another is GST reform impacted it deeply and then it faced covid-19 & Nationwide Lockdown which made it vulnerable. This research paper attempt to study the MSME sector in India during a pre-covid-19 period starting from the year 2000 to 2019 than the post-covid-19 period from the year 2020 onwards and various financial & non-financial support measures taken by the Government of India pre covid-19 & post covid-19 under “Atmanirbhar Bharat Scheme” for the revival of Indian MSME sector..​

The International Committee of the Red Cross dictates the Laws of War. Cumulative humanitarian spirit led to the first Geneva Convention of 1864. It encompassed basic limits of how war can be fought and who or what may be attacked and protected. It stated that civilians should not be attacked. Such an act would be declared as a war crime. Furthermore, civilians have a right to receive the help they need. Moving on, detainees are protected from torture. They must be given food, water, allowed to communicate with loved ones. This protects their dignity. Moreover, medical workers are to help the sick and wounded. The Red cross institute must not be attacked. All sick and wounded must be tended to. Bringing into perspective, advances in weapons and technology have changed the rules of war. Autonomous robots may fight wars in the future. All weapons should and must be aligned with the rules of law. The International Humanitarian Law (IHL) assists in preserving dignity during times of war. Through this article, we will dive deep into the subject of IHL and analyse its relevance in today’s world. The basic conclusion, one will come to, after reading the article would be that although flawed in several manners, variables and factors both known and unknown to this subject, the IHL if followed judiciously and treated with respect is effective in times of war.​

It has been long debated whether or not India is a secular country. Secularism is one of the most debated topics in India and there exists a plethora of debate about India’s secular nature. Many claim that India is not a secular country as it lacks the wall of separation between the state and the religion and state does not follow the non-interventionist approach in the matters concerning religion as the western countries do but there’s another school of thought which claims that India indeed is secular state and we don’t need to view India’s secularism from rigid-western lens, India has its own version of secularism and the concept of secularism has been deeply imbedded in the Indian society and its dates back to ancient India. This socio-legal paper is an attempt to analyse the debates about secularism India, by tracing the history of secularism in India by examining the various sociological as well as legal aspect. In an attempt to encapsulate the secularism discourse, the paper also traces the constitutional as well as judicial history by focusing on the intent of the drafters of the constitution and the various judicial interpretation about the secular aspect of the India constitution

Prostitution is an occupation during which people engage in sexual intercourse for commercial purpose. Prostitution features a long history in India ideal from the antiquated circumstances till the 19th Century in British India and a broadly perceived social reality today. The casualties of the trap are poor people, unskilled and ignorant areas of the overall public and are the target gathering within the tissue exchange; rich groups exploit them and collect at their wretchedness and disgrace during a composed gangster’s, specifically, with police nexus. It had been likewise said that a category of women are caught as casualties of circumstances, unfounded social authorizations, handicaps and coercive types sexual exchange, upgraded as 'prostitutes'. Throughout this research paper, the term 'sex labourer' are going to be utilized wherever conceivable. The term 'prostitution‟ or 'prostitute' could be alluded to, be that because it may, while talking about case law or authoritative text that has embraced this term. This research paper goes for investigating parts of sanctioning of business sex add India and whether it's plausibility in light of the various social and penal constraints that are existent in our nation. The paper will begin with an expansive diagram of the international legitimate structure on prostitution, sexual assault and trafficking and therefore the safeguards involved inside them. This international structure would incorporate different treaties and conventions that India has sanctioned and therefore the means in regard of penalizing. This paper will consider such steps of penalization that might be implemented in India

This paper discusses how the violent elements of the recent racial justice protests in the US impacted electoral politics. It analyses how pre-existing political structures and their interaction with activists increased the movement’s proclivity towards violence, and how public perception of the demonstrations declined subsequently. Moreover, it draws parallels between the 2020 and the 1968 presidential election and discusses how the similarities in circumstances vis-à-vis social movements affected the candidates’ chances

The Principles of Natural justice are entrenched in the judicial proceedings to unveil the whimsical behavior of adjudicating authorities. It forms an inseparable part of the judicial mechanism, through which the decision-making process runs throughout the matters, touching the rights and liberties of the people. As such, the principles of Natural justice are an embodiment of twin concepts from the legal maxims "nemo judex in causa sua"and "audi alteram partem" which contains the rule against bias and the right to a fair hearing. S. 36(1) of the Competition Act, 2002, imparts an explicit statutory duty upon the Competition Commission of India (hereinafter referred to as 'CCI') in following the Principles of Natural justice while exercising its powers of investigation. However, most of the cases decided by CCI in fixing penalties have been reversed by the Competition Appellate Tribunal (COMPAT), due to wanting of the principles of Natural justice. The prime focus of the author in this article is to analyze the impact of Natural justice within the decisions of CCI, which in turn replicates the concept of social justice followed under the Competition Law

This paper is written to exclaim the extent to which the parents company can be held liable. This is done by analysing the extent by the use of Ruggie’s Pillars from the UN. The paper uses the pillars under the ambit of the principles of Duty of Care, Accountability and Legal Remedies to understand how the parent companies can be held liable with regard to these principles and how the principles must be used in a broad spectrum to hold parent companies liable as well as how the other pillars could be used in ways to hold parent companies liable as well as protect people from the violation of human rights. Simultaneously, the gaps of law to hold parent companies liable in India are analysed. The outcome of the paper is that there is scope for development and need to hold parent companies liable in India and Internationally.​

This essay will seek to explain the issue of Global Governance and will use the example of environmental degradation in order to explain the working of global governance. The latest developments in the failure of the world to act as a cohesive force to fight for the protection of the environment is an ideal empirical example to support the argument. Theoretical explanations of the Realist and Constructivist perspectives have also been provided to analyze the concept from a different lens. The conclusion will put forward suggestions for better Governance on a global level.​

The Indian Judiciary is known for its extremely elaborative Constitution, though which is drafter very well has many loopholes, when executed. The Judiciary system believes in the Principles of Natural Justice that ensure the rights of every individual, especially in Labour Law. Discipline is considered a backbone in ensuring a smooth functioning of the workplace that would yield high productivity. The Indian Labour Laws have laid down for a procedure to solve matters relating to the Misconduct of the employees which is known as the Disciplinary Process. Though a provision has been made for this, there are no set guidelines which opens the room for manipulation of the employees by the employers, falling under Unfair Labour Practices and Victimisation. A preliminary enquiry must be conducted to establish any kind of misconduct has been conducted at the first place. The Principle of Natural Justice would ensure the rights of the employee are not violated and that he is given a fair chance to be heard. Despite the loopholes, the disciplinary process has eliminated a lot of discipline related issues and also aims at maintaining the decorum of the workplace as well as the relations between the employer and employee as well as an employee and an employee

This paper will focus on giving the understanding and study about the fight and prevention against the concept and issues against money laundering and the financial terrorism faced in the economy to bring economic viability and stability. The paper also focuses on giving a detailed study of the issues that have arisen because of the recent changes and the legislative implications. The money laundering concept can be regarded as the central pivot for numerous offenses occurring in society. The paper, in the beginning, gives a detailed study about the concepts, causes, issues as well as how this is happening, the following part will focus upon giving the regulatory and controlling aspects of the process of money laundering and the summing up section includes how prevention of money laundering can be done within the nation.​

Effective and comprehensive labour law legislations are vital to succinctly define the rights and obligations of both employers and employees to suit the present business environment. In light of the same, Parliament has enacted three new labour codes repealing 25 old archaic labour laws. These laws aim to streamline, organize and consolidate the laws dealing with health conditions, occupational safety and working conditions of workers, industrial regulations, social security etc. The objective of this paper is to discuss the important provisions of these Codes which were not present in the earlier legislations. An attempt has also been made to discuss the positive aspects of the Code especially in relation to the balance drawn between the rights of the workers and demands of a growing economy. Further, the paper will try to point out the apparent shortcomings in the Codes which could have been avoided and which render many rights and benefits given to workers as empty promises. The paper finally suggests that Government needs to reconsider and redraft some of the provisions of the Codes to make them more effective and coherent.​

The coronavirus 2019 (hereinafter, COVID 19) has had an unprecedented impact on world health and economy. Since the onset of the pandemic small business owners and tenants have become financially fragile, incurred massive losses and relocation. The cash crunch has inevitably put a strain on landlord-tenant relations and their lease agreements. Even large business owners such as PVR and Reliance Retail are unable to fulfill their rental obligations. Many tenants have moved to invoke the force majeure clause and the doctrine of frustration in their contracts. This paper aims to study the legal effect of COVID 19 on lease agreements. The present research study is mainly analytical. It draws on case laws from India and common law jurisdictions to determine the applicability of the provisions of the Transfer of Property Act (hereinafter, TPA), 1882 vis à vis concepts of the Indian Contract Act, 1872 (hereinafter, ICA) on lease agreements..​

It needs courage to stand against wrong but it needs more courage to prove that it is not wrong. The same we witness while proving that being gay, bisexual, lesbian is not an illness. It’s not something extra ordinary to be the part of our society while being attracted towards similar sex or gender. From paying transgender in traffic signals to making Sec 377 of IPC unconstitutional LGBT community are always seen fighting for their identity and rights in the society. In this superstitious and mythical society people believe transgender as lucky charm for any occasion, but they deny to accept them in their family, community and society. Their presence can only any occasion auspicious, but their birth at the same time become curse for a family. After many problems questioned, protests done and laws were made for them. The present concern is, do they really got the rights they were fighting for since ages? Do they got their actual identity for which they had been protesting since many years? Are they facing the same challenges they used to face before? This research paper will be focusing on the challenges and problems faced by the LGBT community in the present scenario. It will also focus on the social and legal aspects of LGBT community. It will give a brief analysis of the decriminalization of section 377of IPC specifying certain important case laws. At-last, it will be focusing on the solutions to solve the problems faced by them

Data Protection and Privacy are two interrelated issues regarding internet governance. Data Protection is a legal instrument to ensure the privacy of citizens. Privacy can be defined as a right to control one’s personal information and data and disseminate the same according to their will and choice. Right to privacy has been recognised as a fundamental right in India with the help of various judicial decisions and a legal right with the help of statutes. It has also been recognised in international instruments such as the Universal Declaration of Human Rights, 1948 and the International Covenant on Civil and Political Rights, 1976 among many other international and regional human rights conventions. The UN Special Rapporteur was appointed in July 2015 for the Right of Privacy in Digital Age which reflects the increasing importance of privacy in global digital policy and the need for recognising and addressing privacy rights issues in both international and national levels. India as of 2020 does not have a dedicated law on data protection and privacy and hasn’t adopted any international instrument on the same. Specific provisions of the Information Technology Act, 2000 (IT Act) can be applied to data protection and privacy, however, they are in no way exhaustive. The Personal Data Protection Bill, 2019 was introduced in the Lok Sabha on December 11, 2019 by the Minister of Electronics and Information Technology, Mr. Ravi Kumar. The Bill not only seeks to ensure protection of personal data but also to establish a Data Protection Authority for the same

In 2018, the World Health Organization declared Delhi as one of the most polluted cities on the planet . Air Pollution in Delhi and the National Capital Region (NCR) has been a bone of contention for over a decade now. It was during the year 2015-2016 when Delhi was enveloped in the worst toxic smog, that various stakeholders such as media, civil society and citizen’s groups started taking note of the precarious condition of air quality in the region, which was a result of the increase in the particulate matter (PM) concentration. Every year starting late October, we see the governments in Delhi and the neighboring states of Punjab and Haryana engaging in a “blame game”, as the Air Quality Index (AQI) drops from average to poor, to very poor, to severe. The narrative often shifts to seasonal activities such as ‘stubble (paralli) burning’ by farmers and even to bursting of crackers during the festivities. Although, these factors do contribute to the precarious condition in the region, the agencies and the masses fail to take into consideration factors which go beyond the season and contribute to the air pollution, throughout the year. The back-bone of economic development is infrastructure. However, infrastructure development often comes at a heavy cost for the environment. Infrastructure development projects entail in essence construction, which if not properly checked and curtailed often leads to pollution. Thus, in the present context it is important to undertake a thorough study of the air pollution in the Delhi NCR region, especially taking into consideration the infrastructure projects and their implications and how the law fails to deal with it

Consumer Protection is a Socio-economic activity that is to be carried out by government and business with a prime interest of consumer satisfaction. Consumer protection has been a part of the responsibilities of the rulers in India even before independence. But a formal consumer protection law, which purely focuses on consumer protection, was enacted in the year 1986. The consumer movement that flourished in the early and middle of the 20th century made the whole world focus on formulation of strong consumer Acts. United nation guidelines were the basis for formulation of consumer protection policies and measures in many developing countries including India. Consumer Protection Act 1986 (CPA 1986), which was passed in Parliament in 1986, is considered as one of the best Acts for consumer protection among its counterparts. This paper brings out the evolution of consumer protection in India, formulation of CPA 1986 and its implementation

India is expeditiously advancing in terms of its developmental goals. Those days are gone when only men used to step out of the house and go to their respective workplaces in order to earn a living, now presence of women can be seen in almost every sector of the workforce. However, societal evils like Sexual Harassment of women at workplace still exists. This is a clear violation of the fundamental rights guaranteed under the Constitution of India. In order to provide a safe working environment for women, the Ministry of Women and Child Development enacted and passed Sexual Harassment of Women at Workplace (Prevention, Protection and Redressal) Act, 2013(POSH) in the year 2013. This act has been implemented in order to prevent instances of Sexual Harassment, provide protection to the aggrieved women and also provide a proper redressal mechanism. This paper explains in detail the various provisions of the POSH Act, 2103.​

The only and holy scripture of Muslim personal law give women and men equal rights and status then why not today’s world? Constitution of India protects each and every citizen of this country, not only give equal rights but ensure them to practice in real life. Here, religion has been governed by personal laws. Article 25 to 28 of the Constitution protects the rights to religion. India is a secular country which means that State shall provide equal status to all religion, neither religion is above anyone. The lives of girls and women continue to be controlled by the patriarchal belief systems and structures. Men take all decisions for women. The process of gender discrimination begins even before birth and continues throughout the life of a female. Though Muslim personal laws in India have never been systematically codified but the execution of new law is a step towards ensuring gender equality and strengthening constitutional, fundamental and democratic rights of the Muslim women. Not only Parliament but Indian Judiciary with change give such landmark judgment which really protects the right of Muslim women

In 1972, the United Nations Conference on the Human Environment held in Stockholm brought the industrialized and developing nations together to delineate the ‘rights’ of the human family to a healthy and productive environment. A series of such meetings followed, e.g. on the rights of people to adequate food, to sound housing, to safe water, to access to means of family planning. The concept of sustainable development was formalized in 1987 at the same time with the publishing of the Brundtland Report by the World Commission on Development and Environment as follows: “Humanity has the ability for sustainable development – to ensure the needs of the present without compromising the ability for future generations to satisfy their needs”. The definition of sustainable development is based on 2 concepts. Firstly, the concept of needs and secondly, The idea of confinement of the environment capacity to respond to current and future needs. Sustainable Development (SD) implies economic growth together with the protection of environmental quality, each reinforcing the other. Sustainable Development, thus, is maintaining a balance between the human need to improve lifestyles and feeling of well-being on one hand, and preserving natural resources and ecosystems, on which we and future generations depend. The 3 dimensions of sustainable development are that the environment is the necessary basis for sustainable development, the economy is the tool to achieve sustainable development and the good life for the entire social dimension is the target of sustainable development. In this paper the author is studying the Environmental Policies of Europe and India and their effect on Environment. Emission Standards limits the amount of gases released by from industry, power plants, small equipment such as lawn mowers and diesel generators. Frequent policy alternatives to emissions standards are technology standards. In this paper researcher is focusing on the Emission Standards of Developed Countries like European Union and Developing like India..​

Corporate Governance is arrangements which are made for choosing a company’s execution and bearing. It is a projection of standards for the general population accountable for a consolidated firm. They are the ones who consent to assume liability towards the investors. Corporate administration is a wide term is the present business condition. The lawful outfits of corporate administration can be modified to fit the fastidious decision of each wearer. The paper will examine corporate administration from India's perspective. It will investigate the obstructions that a rising economy like India needs to confront. Moreover, it will clarify why it is vital for any nation to pursue great corporate administration rehearses. In the following area, it will take a gander at how corporate administration turned into an indivisible piece of Indian economy. Next, it examines association of morals, interior administration, and decision of reviewer and review board of trustees for India. In the determination, the paper gives a rundown of how corporate governance is affecting the present financial state of India.​

When the Indian Constitution was framed, the framers of the Indian Constitution had a motto to remove the disparity in society on the basis of religion, sex, colour, caste and race. So to attain equality, provisions were inserted in the Constitution to uplift the down-trodden class and to bring them at par with the upper class of the society. Providing reservation was one of the ways to empower and to ensure participation of the weaker section of the society in the decision-making process. Article 15(4) and 16(4) of the Indian Constitution empowers the State to make special provisions for the advancement of backward classes or Scheduled Caste and Scheduled Tribes so that they can get equal opportunity and status in the society. Giving reservation to the weaker section of the society is considered as positive discrimination because sometimes it is essential to treat people differently to achieve equality. As John Rawls difference principle says that, “Reservation to be made for the greatest benefit of the least advantaged members of society”. However, in India, the implementation of reservation provisions has mostly benefitted the topmost layers of backward class, SCs and STs. The lowest section of the society has received negligible benefits out of these reservation policies. Researchers have examined various surveys which reflects the inequitable distribution of benefits of reservation policies. To achieve the actual aim to uplift the lower strata of the society, sub-categorization of weaker sections could be done, so that comparatively, that person can get benefit who requires it the most, a person who is certainly backward in term of education and social status can avail the benefit of the reservation system.

The case of R.C. Poudyal vs Union of India largely deals with the issue of reservation in the then newly constituted Legislative Assembly of Sikkim. The case focuses on the constitutional validity of the reservations made by the Parliament in the state of Sikkim and determines the concerns related to such representations. In order to fathom the context for an argument the court largely relies on, it is imperative to know the historical circumstances due to which these reservations were put into question.​

Change in working condition is a common phenomenon that is very likely to be noticed in the industrial operation and the operative process in a particular industry and the establishment. This practice of first informing the employee about the working conditions and the changes that are thereby going to be introduced are for the purpose to bring in consonance a belief of joint unity so that there is more and more productivity generated in the industry as the workers and the employer are sharing a same feeling of belief and unity which leads to increment in profits. The practice which this particular section tries to acclaim and nurture in the faith of the section a natural justice principle which gives both the employer and the workmen working in the industrial establishment to know about the changes that are going to happen which shall affect the working condition or also the nature of the job of the workmen in the industrial establishment. Also, when a particular employer furnishes or gives a notice of this kind to the employee or the workers working therein, then it in the sense creates a feeling of unity and trust among the worker and the employer, which also helps for the smooth and successful administration of the company, also the new scheme will also be requiring changes. It should be never considered implied that the transfer of a particular employer can be made by the employer for the company started therein by the employer subsequent, also the employer of the corporation do not have any vested right in him. The said essential conditions that are mentioned under the paper and shall be discussed in details is mentioned under section 9A of the Industrial and Disputes Act of 1947. Also, in addition and coherence to the section of the act, Fourth Schedule of the act defines the entitlements on what issues the employer is free to make certain changes in the working condition of the workmen

An age of civil and sexual rights is the 21st century. Developments around the world over the past 18 years reflect a growing acceptance of sexual orientation and gender identity rights. The enigmatic unknown world of Eunuchs, best known as Hijras in India, lies far and above the world of education and global social justice. There is still a mystery to the truth of their life and their omnipresence in Indian society is inevitable. Since ancient times, they have always remained an integral part of Indian society. Unfortunately, nevertheless, their existing state of life has been reduced to abject poverty, illiteracy, hate and ridicule. Curiously, while the whole world is engulfed in gay and other homosexual rights and legislation, the Hijras still exist in the shadow of denial of any universal right to freedom and education. Only because of their odd appearances have they been the focus for research and study. The world as a whole has forgotten that, like anyone else, they are human beings too and have equal rights. People's pessimistic attitudes and their alienation from society have left them with little chance. The Indian government has granted few rights to them like the right to vote, but without any access to education, they face a bleak future. This paper is an attempt to critically evaluate the NALSA judgement and have a discourse around the aspect of discrimination and gender identity in reference to transgenders in India

Crime and society can never be set apart from each other. It is the aggravation of crime in society that has lead to the formation of more stringent laws on both national and international level. But, is crime existent in society because of the society? Can criminals never improve? Doesn’t everybody deserve a chance? These questions are asked by prisoner’s right activists who aim for humanistic treatment of these criminals. The article aims to provide data on how far the reformative theory of punishment has been able to reach its aimed goal. India follows the reformative theory of punishment but, what is the sustainability of this reformation of criminals? The law of the country provides for mechanisms that help establish a reformative system of punishment but is that sufficient? This article has covered various ways used by other countries for better and effective reformative techniques which help control recidivism in the criminals. This article aims to broaden the idea propagated by Fyodor Dostoevsky’s “Crime and Punishment”. The article attempts to answer the question, “Are criminals born or are they formed?” Did Durkheim put it the right way, “If there is something wrong in the society, criminality is a response to that?” This article attempts to make criminal justice system more than about crime and punishment and promote internal and mental healing of all involved in a criminal activity.​

The Khalistan movement was a series of disinformation campaigns led by the Soviet Union through various procedures such as media infiltration, the political bargaining, and strategic alliance, which intensify during the Soviet invasion of Afghanistan in 1979, the United States backed the Pakistan regime to oppose the USSR as a retaliation USSR vigorously engaged with the Indian Prime Minister Indira Gandhi in the campaign of mass subversion where the Sikh resistance against government interventions was portrayed as Anti-National activities to elicit the goal of union disengagement transition into the western front war to divert the resources of the west during the Afghan-Russo war. The Khalistan movement was explicitly hyped to develop general moral consensus by nurturing anti-Sikh sentiments by Committee for State Security KGB by depicting the Sikh leadership as anti-Hindus. The obstacles for the Soviet Union in India were the Sikhs because of their resistance against Soviet policies towards religion; declassified documents reveal that USSR indoctrination of Indira Gandhi turned India into a Vassal State of the Soviets, furthering to achieve the mass scale invasion of Pakistan through Punjab under the banner of India liberation for Khalistan; for that KGB manufactured documents of the Punjab Secession movement, known as the Khalistan movement and laid down the foundation of India's destruction. This paper addressed the timeline between 1944 to June 1984 through an empirical approach; this paper elaborates on the development of the Khalistan narrative and the role of the Soviet Union, taking into account the 1980s south Asian geopolitics

The paper at hand pertains to the subject of Constitutional Law and discuses whether or not the doctrine of reasonable classification can be considered to be an exception to the Right to Equality. As an author I take stand of how indeed the doctrine of reasonable classification is not an exception to the Right to Equality and what follows is a critical analysis fo the statement in the light of concerned legal provisions and relevant case- laws. The paper discusses how there is no way one can deem the application of the reasonable classification doctrine to be an exception to the Right to Equality when aside from following the rules(pertaining to jurisprudence on equality), the very purpose it serves-is to help in furthering the application of the principle of equality enshrined in Article 14 by providing a mechanism to put into force the right of equality. The paper talks about how it bridges the gap between words being merely imprinted on paper on one hand, and having far-fetched consequences(and meting out justice) on the other. It explores as to how this doctrine achieves the same through the examples of four case laws, starting with the Anwar Ali Sarkar case. The cases of Dr.Subramanian Swamy vs Director, CBI & Anr, Hiral P. Harsora And Ors vs Kusum Narottamdas Harsora And Ors. along with discussions revolving around the CAA Bill exemplify how is it that the doctrine works. Important remarks by legal luminaries like Justice Bhagwati, H.M. Seervai and P.D.T. Achary also make crucial contributions to the flow of the article.​

The following descriptive-analytical research is the validity of the current literature on corruption that becomes an important tool for employees and can provide a major source of revised knowledge to be aware of effective anti-corruption planning and policy formulation. Studies on financial management reforms in the banking industry to improve corruption assessment strategies, gender dimensions of corruption, evidence of financial and social effects and other effects of corruption are identified and then effective anti-corruption measures are presented and evaluated

The article named “The Manipulative Language and the Need and Ways to Overcome it” is intended to shed light on the usage of language we often use. It is to remind us that the language we speak is manipulative and is harmful to various degrees. A healthy society requires healthy and unaffected usage of language. Language use in itself should be of healing rather than causing harm. This article suggests ways to overcome this habitual tendency and informs it's after affects subtly but convincingly.​

Commerce in layman terms can be defined as exchange of goods and services for a consideration. E-commerce is often regarded as a modern form of performing various business activities where the seller sells his products online on a web-space. E-commerce provides a platform to the sellers to sell their products to mass number of people within a limited span of time. However, if we compare e-commerce with the traditional market the biggest advantage is ease of doing monetary transactions. Previously in traditional market the seller used to perform all the business transactions in cash. However, if we purchase any product from the e commerce website numerous ways are available with plenty of options to choose from. The second biggest advantage that the e commerce users have is the wide variety of products and amazon prime and flipkart exclusively provide deliveries within 24 hours for limited products. The delivery of products is not restricted within the territory of India but, the products can also be exported or imported through the medium of these websites at no extra cost. Further, these large websites like amazon and flipkart have their own logistics and storage facilities that enables them to store products in large quantity and since, they are storing these products in this manner they are able to reap the benefits of economies of scale. Further, their logistics support and also ensure that the product reaches safely to the end consumer on time. Government in India is supporting E commerce and many international organisations like the World Trade organisations is also in its favour. As, the trend of e commerce is drastically increasing it would not be wrong to say that e commerce will be the future of business industry.

This paper aims to evaluate and analyze the risk regulations and legislations around disaster management in India and speculate whether the existing laws and regulations are efficient in achieving the goal of mitigating impacts and losses caused by the disasters both natural and man-made. Through this paper I will also attempt to observe whether environmental disasters have been catalysts in bringing about risk regulations in India. I was inspired to explore this topic after watching a documentary that was centered around how the world, particularly our natural environment was and what it has become post industrialization, specifically in the 21st Century. It was appalling to see how much damage human intervention had inflicted on the environment, the result of which we are all facing now and will continue to face more intensely if we don’t stop immediately. This intrigued me to explore these issues to see where our country stands in terms of environmental legislations. Further, due to the limited of scope of this paper, only a few legislations, acts and case laws will be discussed.

In the current world scenario Green Collar crime is one of the major concern of the India as well as all over the world. Basically, Green Collar Crime are those crimes which are committed against the Environment and wildlife. Green Collar crimes are designated under the organized criminal activities in the world and comes under the fourth largest areas of crime in the list of structured crimes around the world. The criminal activities against the Environment and wildlife are increasing steadily and its adverse effect on ecosystem and the enormous damage to humankind attracted the world’s attention towards these crimes committed against the nature on the daily basis. The present paper is an attempt to mark the crimes committed against environment and wildlife. It mainly focuses upon statutes, laws and policies in India, relating to environmental protection and prevention. This paper shall also briefly discuss the various existing National and International legal framework (environmental protection) which are available and their applications, problems and remedies available for it

Defamation has been defined under Section 499 of the Indian Penal Code (IPC), whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. If any such action takes place online then it can be termed as Cyber Defamation. Due to the increase in dependency on the internet, the use on online social media like Facebook, Instagram etc. has increased at a rapid rate over the past couple of years and is still growing. The biggest issue related to defamation online can be figuring out the person who has intended to harm the reputation of the victim, or to find the third person who has read or heard the defamatory sentence on the internet.​

This entire research work majorly focuses on the relationship between the laws and politics and how they work together to make our society a much better place to live by maintaining peace and harmony. It's an attempt to show you from a much broader perspective about the pivotal roles played by the laws in framing the entire community as a whole and how it helps a nation to regulate and govern their state. It will make you aware of crucial factors affecting politics and how sometimes laws are even misused by some people to gain and attain their personal interest and benefits and how it affects the society at large. It also talks about the laws and politics have their own picture of reality and how sometimes those pictures gets overlap and differs. It examines the character of both, law and politics, the way in which they develop and how these laws effects the political discussions in the several context ranging from the domestic state level to international global level which includes factors like peace and security, economic relations, developmental goals and so many things likewise. It also shows how the politics prevails over the laws and sometimes disrupts the autonomy of the rule of law by which the purpose of the law gets fail ultimately. Laws are not only confined to resolve the conflicts rather how its actuality sometimes makes differences and so it becomes more contentious. Finally, it examines some of the major issues regarding the laws and politics where it also gives some sort of suggestions to fulfill the prime motto and purpose of the same

Environmental Law provides a regulatory mechanism for the protection of environment and places prominence on resolving the issues arising due to environmental hazards. The Constitution of India has incorporated provisions for the protection of environment and the Indian Judiciary by playing a proactive role has also introduced various principles that are to be mandatorily followed. Also India has been signatory to many international agreements and treaties following which numerous legislation have been enacted in the country. Despite the prevalence of these laws, there have been enforcement constraints and due to which the laws are not implemented in the strictest sense leading to an increase in violation of laws and environmental concerns. Further with increase in the development of India due to rapid industrialization, protection of environment is of prime importance. Hence, it is important to scrutinize the previously framed laws and to rectify the provisions that are being misused by the offenders for their ulterior benefits. This article discusses the need for environmental laws and the current environmental regime prevailing in India. It further deals with the enforcement approach adopted by the authorities and the gap prevailing in the enforcement of these legislations. It then focuses on the environmental challenges faced by the authorities in execution of laws and public participation that can be an asset in the same process. At last, the article includes some recommendations that can be adopted in order to improve the enforcement and regulatory mechanism in the country

Children who are the incarnations of the almighty, are treated in very bad condition. But it is well said that whenever and wherever any wrong activity happens, the almighty gives the directions to correct that mistake. As a result, the Indian Judiciary made a law known as POCSO Act, 2012, which talks about the protection of child rights from Sexual Offences. The culprits use the children for satisfying their lust. The author wonders, how can a man so much cruel that he rapes his own daughter, who is just 12 years old? As per POCSO Act, the offences are considered as non- bailable offence. The author has very beautifully enshrined the purpose of this act, through various amendments in the said Act. The Author has nicely explained this act through various illustrations, and moreover the author has used some of the constitutional provisions to explain it in a more detailed manner. Nowadays, it has been observed that people tend to misuse such sexual harassment laws. In order to mainly get compensation from the court persons started to misuse such laws. But the law is equal for all. Where there is no such prima facie evidence in the case then the court will give the order to IO (Investigation Officer) to have a strong Investigation and then to file a proper Charge sheet before the court. So, with regard to a chance of getting bail, the whole matter is depending after the completion of the filing of charge sheet before the court. The author humbly requests the readers to kindly go through this article for once, and the author assures that through this small initiative, all the offenders might think at least thrice or more before doing this offence. Afterall, we all are a part of this beautiful India, known as “the GOLDEN BIRD OF INDIA”.​

Right to fair trial has been recognized as the heart of Criminal jurisprudence and one of the most important facets of democratic polity. Fair trial is also recognized as one of the fundamental rights emanating from Article 21 of the Constitution of India (constitution"). It has been further acknowledged4 that denial of the fair trial amounts to a denial of human rights. Fair trial encapsulates, principles of fair prosecution, independent and impartial judiciary/ Judge, atmosphere of judicial calm, etc. Witnesses form key ingredients in a criminal trial, for it is the testimonies of the witnesses, which establish the guilt of the accused. The Indian Judiciary has, time and again, emphasized on the need for witness protection. In National human rights commission v. State of Gujarat and Ors. Hon'ble Apex Court duly acknowledged the importance of witness protection and highlighted the role to be played by the State in this regard. After exhaustively reviewing the laws, policies and precedents regarding witness protection in several parts of the world and lack of any such mechanisms in India. It is not quite uncommon that witnesses turn hostile during trial.​

A significant strategy which alludes to an agreement wherein a woman carries pregnancy for another couple is known as surrogacy. Number of infertile couples from all over the World approach India where commercial surrogacy is not illegal. There are ethical, moral, social and other legal matters co-related with this agreement which seems to be concerned to surrogacy. The journey of surrogacy of becoming popular in India started from a surrogacy center since 2002 to the Surrogacy (Regulation) Bill, 2016, which would confine the choice of surrogacy. It is necessary to frame such laws carefully regarding some certain sensitive issues related to this agreement for the safety and security of the rights of a surrogate mother and intended parents. In the present article we have discussed the concept and meaning of surrogacy and the issues involved with commercial surrogacy

The globalised and progressive political atmosphere of India is definitely a temptation that can create undesirable behaviours from the prudent politicians and government officials of the country, which in turn increases the chances of exploitation and abuse of their power and authority. ‘Rule of Law’, which is traditional and contemporary at the same time, is the only suitable solution to this problem of power abuse and any kind of objectionable political influences. ‘Rule of Law’ simply means ‘the state is ruled and governed by law and not by the people in power’. Beginning with the base concept of ‘rule of Law’, the paper describes in detail the evolution of ‘Rule of Law’ ideology from its baby stages to its present flourished status, followed by the portrayal of its global and Indian perspectives, in the framework of international settlements and Indian constitutionalism respectively. The paper attempts to identify the areas of judicial interferences to safeguard and uphold ‘rule of law’ and concludes with a description of the challenges to ‘rule of law’ in the present scenario.​

The concept of judicial interpretation of statutes has seen significant changes over the years. This research paper attempts to give an in-depth analysis of the methods of interpretation and their relevance in modern society. It traces the history of judicial interpretation over the years, followed by an explanation of the kinds of interpretation of statutes and judicial approach adopted with respect to the same. Further, the paper introduces the reader to Benjamin Cardozo’s methods of interpretation and puts forward a nuanced analysis of the same. It analyses the judicial approach of interpretation in India and introduces the reader to some landmark cases in the field of interpretation and their significance in the legal realm. The paper concludes by suggesting a clear demarcation of powers between the legislature and the judiciary, and the need for an independent judiciary

This research paper aims to provide a comprehensive study of the facts and several topics with some eccentric views on this particular society. Research is based on why generally muslims of India don’t feel safe under the current Prime minister and his Government or are concerned about their future in India. Why they have this sort of negative kind of views regarding the current Government? If this is true that Muslims are treated unequally in this current scenario, than should India be called a purely democratic and secular country? This research has not been limited exclusively to discrimination or safety for India's Muslims and raised some issues regarding Muslim laws challenged by the Government like triple Talaq and the current verdict of Ayodhya Ram mandir. With the views of society's people, the researcher wants to create awareness about the myth or belief that Are muslims really have to fear the current Government or are really not safe under current Government and what makes them think about this and what are the reasons. It is important for society to know why muslims are not accepting the current prime minister as their leader and why they don’t want him to remain in power for society's welfare. The Researcher main aim is to identify the loopholes exisisting in the current system. Moreover, in this paper it is also mentioned the motive of the Government that why they challenged muslim law and the aspects and on which ground they did this and actually Muslims are benefited by this particular step taken by Government or not. This is to rectify that the act implemented by the current Government and the work done by his Government for muslims really deserve criticism or It is just a dim view towards a particular government.​

Freedom of press is indispensable for development of free dialogue and democracy. Each and every person should have a right to speak and an absolute freedom of press unless the restriction is reasonable. Press freedom is celebrated in some of the Asian nations like South Korea and Japan. However, the majority of the Asian nations are still in the developing stages to provide a complete freedom of press. In this paper, the authors have highlighted the situation of freedom of press in three major Asian countries and how the respective governments are misusing their powers to clampdown the same. A brief history of the freedom of press in Asia is discussed. The authors have attempted to explain the sorrowful conditions of the journalists in these Asian Countries. Further, several factual cases have been cited to show the current grief of the journalists who speak up against the administration and the atrocities towards them. Also, the authors have explained the importance of dissent in a society and how it becomes a crucial factor for growth and development of the citizens and hence the country as a whole. The authors have given several suggestions which may help in improving the freedom of press for three different scenarios in these respective nations. The paper ends with a conclusion of the analysis done by the authors

The middle age mind couldn't separate among fleeting and otherworldly law. Law was imagined as a unitary statute with a strict magical establishment. The historical backdrop of current law can consequently generally be composed as a record of its secularization and desacralization, joined by the developing significance of Roman law and speculations of characteristic law. The cutting-edge state is established on a completely non-strict legitimate corpus, which assumes another part in legitimizing the state. These progressions to the laws and legitimate framework involved an adjustment in the instruction and obligations of law specialists; college based lawful preparing increased new noteworthiness. The colleges, the European colonization of America and the French Revolution turned into the movement producers in the social exchange of law.​

The Covid-19 pandemic and the lockdowns have affected the entire World catastrophically and have had a devastating effect on the economy. Fulfilling contractual obligations, in particular, became a challenge as the restrictions imposed made the performance of contracts impossible. Unforeseen and supervening events that can render the performance of contracts impossible and impractical can occur at any point in time. It is this uncertainty that is covered by the defences of Force Majeure and the Doctrine of Frustration. However, an analysis of precedents affirms that due to the high standards of frustration propounded by the Indian Courts and the absence of a provision expressly defining Force Majeure, it is impossible to positively state that a pandemic and a government-imposed lockdown would fall within the ambit of the said defences. Section 32 of the Indian Contract Act, 1872 governs the concept of Force Majeure but does not define it. Hence the scope of invoking the defence is determined by the language of the Force Majeure clause, which, if not drafted accurately, will forbid the parties from claiming its defence. These defences aim at protecting the welfare of contracting parties, but ambiguity concerning its application will only further the hardships endured by the parties. This paper analyses the concepts of Force Majeure and Frustration by conducting doctrinal research using legislation and case laws and suggests that the only way to tackle the issues that arise while invoking the force majeure clause is to ensure that the clause is drafted in a non-exhaustive way. Though this paper’s primary focus is the defence of force majeure, the doctrine of frustration is also analysed to emphasise the need to have an all-inclusive force majeure clause in the contract

The COVID-19 global pandemic has brought the world to an impasse in 2020 and set off mandatory lockdowns all around the world to contain this lethal virus. With long quarantine periods and asymptomatic carriers, it had become challenging to track and restrict the virus. Technology played a vital role in combating the virus due to its accessibility and extensive reach. One such measure taken by countries to track the virus is the contact tracing apps like Aarogya Setu. However, these contact tracing apps raised many privacy concerns and posed a significant challenge to data protection and security. The right to privacy is elevated as a fundamental right, and any breach of this right is an attack on the constitution itself. This paper aims to study the privacy threats contact tracing apps pose through a constitutional perspective. A comparative study is made to analyze the working of contact tracing apps by other countries like the United States and European Union and how they overcome the privacy challenges these apps put forward. This paper also addresses critical recommendations that can be adopted to better implement these apps without any threat to the right to privacy and strike a harmonious construction between Doctrine of Necessity and Right to Privacy

Over the years, India has witnessed several corporate scams appalling the global economy. This is when the concept of whistleblowing started gaining momentum in the corporate sector. It is a mechanism important for implementing better corporate governance. Even though the whistleblowing policy in India is at a very nascent stage it’s importance cannot be much emphasised after witnessing the huge corporate scandals. Analysing the importance of this mechanism, the researcher has attempted to explore the concept of whistleblowing in India. This paper reviews the origin, definition and types of whistleblowing. It further analyses the laws supplementing whistleblowers in India and on an International level. The paper then takes a trajectory turn by recalling the episodes of whistleblowing in India, which has helped the researcher to lay down the framework for the need for protection of such whistleblowers in India. Further the article emphasises the importance of this mechanism in Corporate Governance. The paper ends with some policy suggestions which shall contribute in strengthening this mechanism in India.​

As the world moves toward digitalization more and more aspects of human life is getting associated with their digital presence. In recent times every aspect of human life leaves atleast some form of digital footprint. For example what a person does, what he or she consumes, where he or she lives, what are their prefences are all recorded in form of digital footprint. Moreover important information like bank details, personal information, medical records are also being increasingly stored online. This have given rise to a new menace of cyber crime. Hackers increasingly target and steal this personal information of individuals and use them to do various things like blackmail, misuse of data etc. India is still a developing country in terms of digital presence but still cases of cyber crimes have become increasingly frequent. Indian authorities have implemented various laws and policies regarding that of cyber crimes. This study was undertaken to analyze the effectiveness of this lawas and policies in the current scenario where Indian is poised to become one of the largest internet userbase in the world

Recently, many large companies such as IIFL Finance, the Raymond Group, Muthoot Finance, and Indian oil have announced that they will be issuing large amounts of debentures in the near future. The aim of this paper is to be a comprehensive study of the concept of debentures. Debentures, also known as bonds, are a type of debt instrument that is issued by companies in order to raise capital. Debentures are unique, in that they are a debt instrument that is not backed by any collateral, however, despite this, they are considered to be a safe investment. This paper seeks to explore the various types of debentures that can be issued by a company and the differences between debentures and shares. It also looks into whether companies should issue debentures in place of share, and in which situations this can be preferrable. The author also tries to understand the steps taken by the company with respect to the payment of interest, and redemption of debentures. Then, the author explores debentures from the perspective of investors, and looks into the remedies available to debenture holders in case of default by the company. Finally, the author looks into whether prospective investors prefer investing in debentures over shares, and their reasons for the same

As the human rights in the International Law are strengthening and various nations are also executing their penal codes in harmony with the human rights, the need for shifting focus, from retributive and deterrent form of punishment to reformative form of punishment, is also emerging. This research paper aims at analyzing the historical events and evidences available regarding rehabilitation and how those perceptions have changed with time. It also looks for the appropriate method to execute the rehabilitative techniques. The research paper includes extensive research on various rehabilitative techniques followed in different countries and their results on recidivism rate. It tends to evaluate whether the present correctional methods can suffice the needs of the future while evaluating the methods followed by countries which have successfully reduced the recidivism rate with the help of rehabilitative techniques. As most of the countries are using community penalties, the research paper also analyzes the community penalties and can community penalties be an alternative for incarceration

India is a progressive democratic economy and has adopted the changing trends with the changing times. It has tried and tested various economic policies and has adopted a system which is unique in itself has a blend of western capitalism and Nehruvian socialism. The policy believes in all-round development and protection of economic rights of the masses but down the line, it has faltered to achieve its goal. A large chunk of India’s minority population has been sidelined and marginalised with the proceeds of ongoing economic development. It is said “to judge a democracy you have to see at the minority welfare in the state”, to this Sachar Committee and Ranganath Mishra Commissions have stated that the condition of the Muslims is even worse than SC/ST in certain areas which are worsening day by day. The state is not taking affirmative action and even if it does, it does not ensure the policy implementation towards it. Secondly, Muslims have lost faith in the state machinery because of half-hearted implementation which leads to the absence of targeted results promised by the state. The term ‘Muslim’ has been attached to a religious identity and is treated as a religious group having no benefactors in the economy. They are the victims of a systematic political apprehension framework. Anti-national and criminal association of the community espoused by the law enforcement agencies further reduces their capacity of the political bargain within the constitutional frameworks. The Muslims are treated as a mere political vote bank and actual development has not seen the light of the day. Their human development index is low. They have been forced to stay at places which are inhumane and populous. They are thinly represented in government jobs, schools, higher education and administration. India saw an economic boom from 2000 and the fruit of job creation of post-liberalization era was also denied to them as they had little or insufficient training and specialized knowledge for these kinds of job, making them completely helpless for survival and development pace through which India is going. Many banks have designated Muslim populated area as the negative or red zone so that the Muslims cannot take a loan. Muslims only represent less than 5% in the govt jobs and therefore, the guarantee of government offices is not available to them further complicating the matter and thus, the gap remains open between the Muslims and the formal sector. The development has always been a much-needed phenomenon for any community and in the present scenario, Muslims being the largest minority in India, need it most for developing society as a whole and to realise the true meaning of ‘unity in diversity’ which is only achievable by ‘development of the diversity’.​

The Indian Penal Code was enacted in 1860 and has undergone very few changes since its enactment. Various organizations are of the view that kinds and quantum of punishment prescribed in the Indian Penal Code, 1860 are not appropriate as per changed scenario. The purpose of the punishment will be helpful in evaluating the measure and quantum of Punishment of different offences under Indian Penal Code. This paper is an effort to analyze the different kinds of punishments under Indian penal code, 1860 and their suitability to the present scenario

In the present Digital World, new technologies and new inventions are taking place and many more technological developments are under process. The Computer based technology is used for enhancing the modern life everywhere including education, commercial sectors and Govt. organizations etc. It ensures the efficiency and productivity. On the other side ‘the excessive dependence’ over the technology is the root cause of the Cyber Criminal for committing unlawful and unethical activities with the use of computer and Internet. The Collection and compilation of Digital evidence from the computer and IT based devices is the most challenging job for all investigating agencies in India. The investigation and collection of evidences from computer requires expertise, special knowledge and skill, which is lacking in most technical-personnel’s of our country. Nowadays India has developed as favorite nucleus for the Cyber Criminals, especially hackers and other malevolent users, which use the Internet as a tool for Cyber crimes. The rising trend of Cyber crimes includes Cyber-spamming, hacking, Cyber stacking including theft, phishing etc. Now the time has come for the Indian Police to overhaul and reform investigating methodology for a successful prosecution of Cyber cases in India. Indian traditional system of policing and criminal investigation, is still conducting in old ways of extracting, gathering information and obtaining confession by beating. The Police force is still untrained of modern methods of criminal investigation, which needs special skill for managing and operating highly sophisticated technologies

The Miscarriage of Justice refers to the wrongful prosecution and conviction of innocent people. It is a result of faulty and erroneous appreciation of evidence. The ambit of wrongful prosecution, herein, would include (i) Malicious prosecutions; and (ii) Prosecutions instituted without good faith. The claim for compensation can be brought by the accused person so injured; or by any agent duly authorized by the said accused person; or where the accused person died after the termination of the wrongful prosecution, by all or any of the heirs or legal representatives of the deceased.t​

Media goes about as a reflection of what our general public is and what sort of individuals exist in our general public. It is the main medium that keeps the country and its public educated. It has partitioned its job for instance there is print media, web media, and electronic media. As we likewise observe that how in correlation with more established occasions the more youthful age has come is as yet coming progressively forward in getting mindful and utilizing media as their voice in communicating their assessments, proposals, suggestions, and so forth. Media like a coin has different sides to it, a great and a terrible one, on one side media acts an operator who gives data to the public that all ought to know about, while on the opposite side it goes about as a distractor who takes the general population towards a dull way and digresses them from the data and information that they ought to get and furnishes them with counterfeit news and uneven conclusions. Here, our paper manages the job of media, and in light of keeping the present situation of continuous lockdown in our country because of the pandemic of Covid-19, how decidedly or contrarily the media manages it, and what are the essential corrections important to be made in Media Law.​

Customary International Law (CIL), an integral part of Public International Law, has played its own role in Indian judicial discourse. Though not prominently and explicitly recognized as a part of Indian domestic law, CIL has been incorporated into Indian discourse via various case laws by Indian courts of law. This article analyses the circumstances and motives under which such incorporation has been done by the Indian judiciary. This article describes the importance of employing the principles of CIL into Indian domestic legal system and its imminent necessary in certain areas. The article also studies the previous landmark judgements delivered by the Indian judiciary, in which the principles of CIL are used to bring in a progressive thought and to uphold the fundamental rights of Individuals, guaranteed by the Constitution of India. This article also examines the careful and minimal way in which the courts proceeded to use the principles of CIL and other statutes and treaties of Public International Law (PIL) to support their stance in particular verdicts that went on to become bases for many other verdicts which continue to uphold the rights of people of India. The article makes an effort to comment on whether this way of using the principles of CIL and PIL as such is beneficial to our legal system or should the courts try a novel way.​

Speech is almighty’s gift to mankind. With speech, we are given a medium to express our views, opinions, affirmations and negations in a lucid manner. Had there been no words, the concept of sign language would also stand meaningless as symbology at its fundamentals is a system developed from gestures surging in spoken and written language. Free speech is a necessary precondition to the enjoyment of other rights, such as the right to vote, free assembly and freedom of association, and is essential to ensure press freedom. However, there is a clear and worrying global trend, including in western democracies, of governments limiting vibrant discussion and debate within civil society and among civil society, political leaders and government. Therefore, freedom of speech is a natural right acquired rightly after birth of an individual. “Everyone has the right to freedom of opinion and expression; the right includes freedom to hold opinions without interference and to seek and receive and impart information and ideas through any media and regardless of frontiers” proclaims the Universal Declaration of Human Rights (1948). Hence, it becomes a basic right that stands uncompromisable at any cost. Undoubtedly, our constitution makers had also provided the statute of fundamental rights to freedom of right and expression. In the light of how our constitution is open for interpretation at one end is one aspect from where reasonable restrictions come in picture. These restrictions in context of freedom of speech and expression stands solely on one interrogation that is ‘How much freedom is good freedom?’; in aim to answer this question, we will be dealing with the details of contempt, abstractions of freedom of speech, comparative analysis with English law and legal framework of a few other nations whose constitutions provide the citizens with progressive and absolute purviews regarding concept of contempt and freedom of speech. In a nutshell, we conclude the analytical research with a detailed critical analysis of the landmark case of Prashant Bhushan.​

The people focus on problems faced by litigants due to cost of litigation and the possible solutions available. It is important to study the gap between affordability of a litigation and the possible benefit from the outcome of a case or suit as in some cases it is the difference between access to justice. A third party is a party that is not involved in the matter or an outsider. When a third party independently provides funds to parties for a dispute in exchange of any fraction of monetary rewards that’s recovered from the proceedings is called Litigation Financing. This paper intends to draw a direct connection between litigants dropping their cases or withdrawing their cases or not pursuing their cases in the 1st place because of high litigation cost and there am inability towards litigation financing as a solution to the predicament of high litigation costs. Third-party litigation funding is legally recognized in India. The concept of third-party funding is allowed under the Civil Code of Procedure, 1908 in some states. Financiers are fascinated towards new business openings, Litigation Funds anticipate on the high-stake legal proceedings, they support the expenses of a litigation and in return they reap the yield of the proceedings. Article 39A of the Constitution of India provides that the State shall secure the operation of the legal system should promote justice on a basis of equal opportunity, and shall in particular, provide free legal aid service, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen for the reason of economic or any other disability. It is an interesting concept and practiced globally. Though, it is not prohibited in India but there is a necessity of a dedicated regulation through laws, rules and directives that can govern TPF.​

Singrauli and Sonebhadra are two areas situated in parts of Uttar Pradesh and Madhya Pradesh. The subjects living in areas of Singrauli and Sonebhadra have been tormented, tortured, afflicted and harrowed by the harmful chemicals emitted by the industries, that are operating illegally in these areas. It is difficult for the common man to live, reside and carry out daily functional activities in these areas because of such high saturation of air with harmful chemicals like Mercury, Chromium, etc. However, it is pertinent to take into consideration that the Constitution of India, which is the grund norm for such a populous nation like India, offers constitutional provisions like Article 21 which confers the right to live and carry out practices related to one’s lifestyle with bulletproof dignity. However, instances like that of Singrauli and Sonebhadra makes the common man question the veracity and truthfulness of judiciary, and the constitution in practical implementation of such rights. It is pertinent to note that Article 14 and 21 are equally important part of the Constitution and also form a part of the basic structure of the constitution, as elucidated in the case of Keswananda Bharati v. State of Kerala. This manuscript not only throws light on the prospective issue with industrialization but also tries to elucidate the constitutional safeguards and their practical jurisdiction, and also makes an attempt of analysing a threshold between constitutional safeguards and the line where industrialization ends.​

The precautionary principle declares that the weight of verification for conceivably hurtful activities by industry or government lays on the affirmation of wellbeing and that when there are dangers of genuine harm, logical vulnerability should be settled for counteraction. However, we in general well-being are in some cases blameworthy for not clinging to this standard. Instances of activities with unintended negative outcomes incorporate the expansion of methyl tert-butyl ether to gas in the United States to diminish air contamination, the boring of cylinder wells in Bangladesh to evade surface water microbial pollution, and town-wide parenteral treatment in Egypt. Every one of these activities had unintended negative outcomes. Exercises incorporate the significance of multidisciplinary ways to deal with general wellbeing and the estimation of danger advantage investigation, of general wellbeing observation, and of a working misdeed framework—all of which add to viable prudent methodologies. Public Health advocates around the world have progressively summoned the prudent standard as a reason for preventive activities. This has been especially valid for ecological and food handling issues, in which the prudent rule has moved from being a mobilizing weep for natural promoters to a lawful standard exemplified in global deals. Definitional issues have gotten more significant as the term has made the change from a respectable objective to a segment of lawful necessities. For the motivations behind this critique, a helpful definition is one that is contained in the 1989 Rio Declaration12: "Countries will utilize the prudent way to deal with ensure the climate. Where there are dangers of genuine or irreversible harm, the logical vulnerability will not be utilized to delay savvy measures to forestall ecological corruption."​

The coronavirus turned the world upside down and amidst this global health crisis, the world looked on as America elected into power a new President and Vice President belonging to the Democratic Party. The Joe Biden and Kamala Harris duo defeated the republican candidates Donald Trump and Mike Pence by a whole 40,00 votes. Through the means of this study the researcher uses empirical evidences to analyze this shift in power using the different political ideologies in which the election was set. The paper aims to understand if the pandemic and pandemic led changes like increased social media usage and the mail-in ballot system had any effect in the process of electing a new party to run this democracy

The aircraft amendment bill, 2020 was passed on Sep 15, 2020 and notified in the gazette on the 20th September. The bill heralds in changes in the regulatory framework in the aviation sector in India. The aircraft act of 1934 is the primary legislation that governs the Indian aviation sector and is the principal legislation for the enforcement of the Convention on International Civil Aviation, 1944. The 2020 amendment act brings in further changes to primarily strengthen the regulatory framework in the country, enhance the punishments for the offenses prescribed under the act among other changes. The present legislative comment attempts to contextualise the amendments made to the situations and challenges faced by the aviation industry. The author attempts to provide an analysis of the effects and necessary implications that these amendments are poised to have on the aviation sector in India. In conclusion, the author brings up the future that this amendment is to address and the situations that the amendment might have helped address​

Since the launch of Sputnik by the Soviet Union in 1957, space capabilities have come a long way. The first rocket launch in India took place in 1963, and ISRO has now grown to be one of the world's most developed space agencies. With the advancement in space technology, the law that governs space and activities carried out in outer space and other celestial bodies must be developed too. Several treaties like the Outer Space Treaty (1967), Liability Convention (1972), Registration Convention (1976), Rescue Agreement (1968), and the Moon Agreement (1984) were signed. India is a signatory to all five of these treaties but has ratified only four. Despite ratification, a comprehensive space policy that covers all aspects of these treaties has still not been enacted in India. With the growth and development of the space sector, many issues have emerged. In this paper, the author has made an intricate analysis of the issues faced by the space industry, scrutinized the existing space legislations meticulously and based on the same and has made a few recommendations on how a comprehensive space policy can be beneficial for India

Last couple of days of this month were a nightmare for all those children who have survived any kind of sexual violence in their life. This month witnessed several insensitive judgments in sexual assault cases by the Nagpur bench of the Bombay High Court headed by the Justice Pushpa Ganediwala. Justice Ganediwala has handed down three acquittals under the POCSO Act, in three different cases, all within a week (Bar and Bench, 2021). Her third ruling where she ruled that direct “skin-to-skin contact’’ is necessary for sexual assault under POCSO Act (Scroll Staff, 2021) had caused the uproar and invited scathing criticism within the legal and child rights activists as well as laymen alike. Sexual Violence against Children is a prevalent phenomenon in India and according to a study of the Ministry of Women and Child Development, every second child encounters sexual violence (Kacker et al., 2007). The NCRB data says that approximately 14 children are raped every single day in 2019 in India (National Crime Record Bureau, 2019). However, these alarming figures are still unable to shake our consciences to be serious about the problem to address it. We understand, however, that it has catastrophic life-long implications for a child's overall development but we are living in a state of denial and ignorance, preserving patriarchal dominance and absolute authority over a child. The present article brings forth the issue of sexual violence against children in the wake of several insensitive judgments by an institution meant to protect them. The intention is not to just highlight the severity of the issue but also to realise the readers that it is a huge crisis, a pandemic that needs immediate attention and will-power to save our children from such horrors

Squeeze-out implies compulsorily acquiring the equity shares of a company from the minority shareholders by giving them compensation in cash. Squeeze-outs are both visible and palpable manifestations of a controlling shareholder's raw power within the corporate machinery- the ability to openly force minority shareholders to exit the company by accepting a certain price for their shares. Yet, squeeze-outs can be value enhancing at times due to the benefits of enabling the controller to acquire the entire company. Perhaps due to this rather conflicted and dramatic background, squeeze-out regulation takes on varying hues across multiple jurisdictions. In India, the concept of squeezing-out minority shareholders has always existed but it was explicitly introduced in the Companies Act, 2013. The mechanism for minority squeeze out in India is quite similar to that in UK. In India, the controllers can choose among several available transaction structures to implement a squeeze-out. These include the compulsory acquisition mechanism, scheme of arrangement, and reduction of capital. Unsurprisingly, the structure most commonly used by controllers is the reduction of capital, which provides the least protection to minority shareholders. Since, the structure or mechanism for squeeze-out in India is quite similar to that of UK it becomes important to analyse the system in UK. The regulation of squeeze-outs in jurisdictions apart from UK i.e. USA, Germany, Singapore will also be analysed. The objective is to examine which approach or combination of approaches will be best suited for India. But the basic aim of suggesting the reforms will be protection of minority shareholders which is currently missing in India​

Environmental law is relatively a new notion and the need to protect it dawned on humankind very recently. Environmental conditions are deteriorating rapidly and this very statement can be backed by numerous scientific evidences. Population boom, industrial development, resource extraction, and technological advancement are few of the contributing factors into environmental degradation and as a result forests and wildlife are disappearing, snow caps are melting raising the level of water and massive desertification occurring. It is a basic economic principle that human needs and wants are unlimited but resources to meet these needs are limited. This means that it is impossible to satisfy human needs as we ask for more and more. We have thrived in achieving technological advancement by pawning off Mother Nature. Melting polar ice caps, ozone layer depletion, rising temperature, etc., has been discovered to be the after effects of the devil-may-care approach adopted by States worldwide when it comes to environmental protection. As a step towards protecting the environment, the Paris Agreement was signed by both developing and developed States. This paper intent to discern the background and various events that led to the signing of the Paris Agreement. The researcher also aims to understand the scope and objective that the Paris Agreement is determined to achieve and how various States have responded to the growing need of environmental protection. The paper also sets out to comprehend the various legislations made by India in pursuant to various international conventions that the country is party to

The need to define marital rape as a separate offence is a matter of acknowledgement, of the trauma that thousands of women go through in our country and side-lining of the issue merely on the apprehension of misuse belittles the basic level of dignity that a country owes to its women. For the last many centuries, the sanctity of our culture and Indian values has been held in such a high and superficial bubble that it has managed to evade necessary interference in family lives, in order to protect the right of a person against another. Apart from the vagueness of the excuses to evade the topic, there is a severe lacuna of the pre-requisites required before marital rape can be criminalised, that is, lack of parameters for the definition of the offence, the lack of updated laws of evidence and more importantly, acknowledgement and sensitization.​

Banking is an important sector and lots of informalities occur while dealing with the customers which are classified as special as due to prevalence of other laws, customs and most importantly the soundness of mind. And therefore, keeping in mind all of these, special rules are formulated to deal with such customers and situations. A banking relationship between a customer and a bank is also a type of legal contract. Banks solicit the deposit of money from public and any person who is legally capable of entering in a valid contract may apply in a proper way to deposit his or her money with the bank and hence enter into a valid contract with the bank. As , by the law, there are exceptions regarding people or situations , similar is with the banking customers. The banks consider a few categories of people including minors, married women, and lunatics etc. as their special customers. The research deals with the rules for minors and guardianship rules, studied taking in view the different religions and its significance in the field of banking. Also, the paper answers the questions like precautions to be taken while operating or creating accounts of married and pardahnashin women and provisions for the blind and illiterate customers.​

The paper revolves around normative jurisprudence and commences with an introduction to legal philosophy and the relationship between law and morality. It then gives the meaning of normative jurisprudence and explains its various integtral concepts such as Liberty and Its Legal Limits and Legal Moralism. It further goes on to talk about the influence of Morals on laws and Legal Paternalism. The paper also sheds light on The Model on Legal Theory, The Insult Principle and The Law Obeying Obligation. We have also included brief explanations about the meaning of legal structure/systems from the perspective of prominent legal philosophers such as Hans Kelsen, H.L.A. Hart, Joseph Raz and John Austin. The paper has been concluded by a personal take on the summing of the definition of jurisprudence as a normative science and how it can be only be deciphered by combining past morals and present laws.​

The main aim of the Criminal Justice-System of India is to ensure fair and impartial trial of each and every accused who has been put behind bars in the Indian territory. Our country follows the adversary system for conducting the trial of an accused. Under this system, it is the prosecution who has to prove the guilt of the accused beyond a reasonable doubt. The Criminal Justice-System of India follows some principles to ensure fair trial but still, India lags behind in the Rule of Law Index. According to the World Justice Project(WJP), 2019 Rule of Law Index India has been ranked 68 out of 128 countries.​

It is difficult to consider the improvement of a country without the advancement of its provincial economy, dismissing rustic improvement implies ignoring the general improvement of a country. The genuine advancement of India lies in the financial improvement of individuals who live in rustic India for which the administration needs to make solid monetary arrangements and better actualizing procedures. Public Rural Employment Guarantee Act (NREGA) was sanctioned by enactment of India on 25 August 2005 and it was renamed as the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) on second October 2009 on the birth commemoration of Mahatma Gandhi. The demonstration intends to eliminate outrageous destitution and to make towns of the nation self-continuing through gainful resources creation. The Mahatma Gandhi National Rural Employment Guarantee Act. (MGNREGA) was established in India with the different numerous destinations of giving work in a rights-based system, tending to rustic neediness, checking movement, and building country foundations. Thus, consistently around 15–20 percent of family units in India generally speak and 30% in rustic India get some type of work share under the MGNREGA program. MGNREGA cherishes the lawful right of 100 days of paid work to any country family unit, on representatives' interest. Despite the fact that its extension is cross country, there have been wide differences between states just as inter district varieties in the accomplishment of the goals of the MGNREGA Act. In this paper we will concentrate on how MGNREGA is a gainful and powerful plan for the advancement of country India. Additionally, some significant recommendations have been proposed to make this plan all the more remarkable, productive and important.​

With the Covid-19 crisis creating immense dismay, the government of India came up with an initiative of wellbeing and goodwill for its citizens- a Bluetooth based contact tracing application called the ‘Aarogya Setu’. By the end of May 2020, a staggering 114 million people had not only registered, but also provided the application with sensitive and private information. Several lapses have been identified with regard to the security of this information. It further went on to breach several privacy protocols before mandating its use. One of the biggest problems was the lack of a transparent and verifiable framework with a chance of sensitive data being exposed. The risk was further increased by the fact that the application is not backed by a legislative aid, as directed by the Puttaswamy Judgement. The privacy policy of this application lacks a set protocol for the accessibility and shareability of the data or a predetermined penalty for the misuse of the data. Thus far the application has been sacrificing the right to privacy in favour of right to health. Here the courts should apply the rule of harmonious construction. The government has backed the legality of this application only with the Disaster Management Act, 2005. The authors seek to analyse and elucidate the flaws with the ‘Aarogya Setu’ application and provide viable solutions for the same.​

“You can sway a thousand men by appealing to their prejudices quicker than you can convince one man by logic.” - Robert A. Heinlein This quote perfectly captures the essence of the role played by social media companies in polarization of public opinion and spreading of fake news. With information overload, people are grateful to the social media companies for telling them what to read next. This is done by creating a personalized wall of news-feed based on their likes and dislikes and it is known as “Filter Bubbles”. It curates a news-feed of each individual in such a way that people’s virtual exposure is limited to their community of interest. Through this paper, the author aims to test the legality of this technology when applied in the political context, within the Indian legal framework. Firstly, the technology will be tested against the legal theory of “Marketplace of Ideas” which advocates free flow of ideas and curtails censorship. Courts often rely on this theory to uphold freedom of speech and expression and refuse to regulate fake news on social media. Additionally, the author will also test the Constitutionality of Filter Bubbles under Article 19 and lastly, the position of intermediary liability under the Information Technology (Amendment) Act, 2008 will be discussed keeping in mind the use of Filter Bubbles by the intermediaries. In concluding the paper, the author will demonstrate how the Filter Bubbles invalidate the theory of the Marketplace of Ideas; how it violates an individual’s right to know, which is an integral part of freedom of speech and expression; and lastly, how the use of Filter Bubbles make the safe harbour provisions for intermediary liability inapplicable.​

As arbitration becomes one of the most universally accepted forms of alternative dispute resolution in commercial disputes, it is worthwhile to look at the pros and cons of using arbitration to also resolve labour law and industrial disputes in India. This paper looks at the various methods of dispute resolution available to the parties to a labour law dispute under the 1947 Industrial Disputes Act with a concentration on voluntary arbitration under Section 10A of the act. It then looks at the principles of not just arbitration but also class action arbitration as espoused by various judicial pronouncements in the United States to make a case for class action arbitration being a valuable option to look at for quick and efficacious resolution of disputes in industrial setups.​

Juvenile Delinquency is a serious threat for our society and our future as a nation. We cannot really blame any single person or authority for this problem. Parents, schools, society, local and federal government agencies are all somewhat responsible for youth crimes. So, instead of simply passing the buck, it’s better to accept the responsibility and collaborate on fighting the problem. We’ve got a few pointers on how to prevent juvenile delinquency, in case you plan on combating it as a parent and as a society. The need for the study is to highlight and explain the exact meaning of Juvenile Justice and how the J.J system works under the Juvenile Justice (care and protection of children) Act, 2015. Further it is also very necessary to analyze and evaluate the meaning of Juvenile and under what circumstances a Juvenile can be treated as an adult and tried under the Indian Penal Code. The scope of the research paper is limited to the concept of Juvenile Justice System in the Criminal Justice System. The researcher has relied upon the current significant legislation and relevant Articles of the Constitution to enlighten about the present status of the term “Juvenile Justice” in India. This paper further focuses on the circumstances under which a child offender can be treated as an adult. The paper finally limits itself to the concept of house arrest and its implementation in our country as it is still not legalized in our country. Several foreign countries have legalized this concept and the offenders specially the juveniles who are of harmless nature and are not a threat to the society can be considered for the same.​

Plantations are not just economic institutions but also social spheres as it is home to a large number of permanent residential workers. It is an agricultural unit but also comes under industry. Plantations are essentially agro-industries where cultivation and manufacturing process takes place for commercial purposes. But just like an agricultural undertaking it functions with a number of hired workers. So even though it is similar to agriculture, plantation has peculiarities of its own. . The tea plantations are owned and controlled by large Corporations, Government or Cooperative Societies that invest huge capital and employ permanent and temporary workers on a large scale. In tea plantations of Darjeeling in the state of West Bengal are leased by the State Government to private corporations who absolutely control the life in these tea plantations. The plantations are enclaves suited for the profit of the management and the workers are subjugated and disciplined for generating profit. The institution of plantation has been structured in such a way that it produces maximum profit for the owners at the expense of the workers. The structure of the tea plantation system in Darjeeling is such that it is skewed in the favour of the owners leaving the tea garden workers vulnerable and at the mercy of the owners.​

Domestic violence does not confine itself to a single category of people. It extends to all the vulnerable groups. The current article is specific to one such vulnerable group i.e. Women. The surge of COVID 19 cases in the country worsened the already dreadful condition of women who were suffering from domestic violence. The quarantine had a negative impact on the business, economy and mental health of the people. Violence against women was regarded as an already serious problem in India. But the pandemic was seen to intensify the dreadful condition of women in households. Official reports indicate that one third of women between the age of 15-49 have experienced violence which is physical in nature and 1 in 10 women experience sexual violence. This is a grave violation of basic human rights. The current article attempts to understand the reason behind such awful effects especially during the pandemic. A study of legislation enacted in favour of women has been conducted. Further, a connection has been made to different countries to better scrutinize the affect and produce a comparative analysis. The report of WHO on the current topic is also looked into for a holistic understanding. The article also tries to suggest ways to improve the condition of women during such times.​

In the 21st century internet communication grows rapidly over the world, people can transmit information and communicative across the boundaries in a faster, easier and inexpensive way. With one click a user can post a message to bulletin board on the web or send a massage by email to an enormous number if recipients globally. Defamation laws have developed over several centuries to provide recourse for people whose reputation are or are likely to be harmed by publication of information about them. Theoretically, the objective of defamation law is to balance between protection of person’s reputation and freedom of expression. In practically, defamation laws are frequently used as a means of chilling speech. As may of other geographical areas. With both push technologies like email and pull technologies like the web unconstrained and indeed uncontainable by state or national borders. With the proliferation of internet, and its endless freedom to discriminate information of all kind new concerns and interpretation have inevitably arisen about conflicts between the right to speech and right to reputation. The law related to defamation is different from state to state and country to country. In this paper researchers have made an attempt to analyze the meaning and scope of cyber defamation in India, law pertaining to it and jurisdictional concerns. Keywords – Communication, Cyber Defamation, People, Publication, Reputation​

The US Elections of 2020 were held in increasingly precarious conditions. The crisis of the Capitalist machine triggered by the Pandemic and the subsequent global recession, increasing rate of infections and deaths owing to the COVID-19 pandemic, evident pitfalls and loopholes in administrative and precautionary strategies of the presiding government, and the social unrest due to the prevalence of high levels of inequality in terms of wealth and social status, partly attributable to racial distinctions, which had caused a sense of lesser evilism among the masses whereby the populace saw Joe Biden as a messiah who would prove to be the harbinger of prosperity in times of great despair

Sports law is employed in the sector of Sports, physical education and its related field. India has been a world leader in its social, cultural and sports heritage. The glory of Indian sports has outshined India in the world to its proximity. It gave eminent players who immensely contributed in the field of sports by setting example for the world by its diversified sports heritage. Sports in India have been one such cornerstone of law which remains disputed with unsettled position. Sports in India has been monitored and regulated by the Government of India through autonomous sports federations, who indeed have monopolistic character and nature in their respective sports field. However, when it comes to accountability and transparency, these sports federations resist against any scrutiny. The on-going legal battles and litigation in this diversified field of sports has forced judiciary to step in and umpire the field. But why there’s no focal sports authority other than the Ministry of Sports Affairs? What is the systematic function of the distinct sports authority regulating different sports? Whether the Indian Judiciary’s contribution towards developing sports jurisprudence has been negligible or not? Is Alternative Dispute Mechanism an ideal method of resolution of sports disputes? As the present research revolves around various aspects that fall within the purview of laws related to sports field in India and the recent reforms made in the legislation concerning the subject by exploring and analysing the same. This research paper explores and analyses the critical issues related to the field of sports in the light of relevant judicial responses. It also throws light on how Indian legislators have not shown much interest in contributing to sports jurisprudence and it suggests the key sports reforms for the revival of the glory of sports in India.​

Separation of power is often understood as a constitutional doctrine that separates government from private institutions responsible for performing different functions. According to this model, legal powers make laws, administrative powers enforce laws, and judicial powers interpret laws. Each branch in theory only performs its function, and the people who work within each branch should not work simultaneously in another branch. The main reason for the separation of powers between the private sector is to prevent any individual or group from excessive accumulation of power and tyranny. The topic of research is related to the concept of ‘Separation of power’. The researcher would like to highlight the concept of power separation and gradually reach the level of power distribution in United Kingdom and India After that the researcher would like to mention the Separation of power in India. It is very important in a democratic country that the effectiveness of government is to protect individual freedom and to avoid conflicts between the rule of law, administration and justice, the separation of powers by means of examination and evaluation is very necessary so that three members cannot escape. But in a strong sense it is not possible and balance and evaluation of the form is very possible which makes the dictatorship of the power of others because if one member gets these three powers in hand it turns completely and violent into human suffering in the country and the concept of democratic values and constitution will jeopardize. With the changing needs of the community it is important that the appropriate boundaries should be in the hands of the authorities, the judiciary and the computer system but not in a waterproof room

The effects of the ‘Black Lives Matter’ Movement with its genesis on US soil seeped into countries such as India, Nigeria et al. where skin lightening creams came under flak. Countries such as the aforementioned spread across Africa, South Asia, Middle East, etc. are also where companies sold products named: White Beauty, Fine Fairness, Fair and Lovely, Light Complete, and so on. The controversy in India led to the company HUL changing its product name from ‘Fair and Lovely’ to ‘Glow and Lovely’. Therefore, this article aims to bring show the underbelly and underpinnings that stitch discrimination and trademarks. This will, furthermore, highlight the mechanism of Intellectual Property Rights as a means to protect the public interest in the social fora rather than locking horns with it. ​

An Eyewitness plays a very important role under the Indian Law. An Eyewitness is a witness who gives testimony to the act or the transaction that have been seen by himself and to which he testifies in the court. They are considered to be very significant in the court during trial in order to provide fair and just decision. Their role comes into play when the case is being built before the court of law, ie., during the initial procedure. In order to testify as an Eyewitness in the court, the person must be competent as well as qualified. They play a very vital role in the court as their as their identification of the accused may result in charging or conclusively convicting them. But they cannot always considered to be reliable as there have been certain obstacles many a times. It is often said that eyewitness testimony lead to wrongful convictions which will be further explained n the research paper. According to a study , it had been observed that unreliable or inaccurate eyewitnesses lead to more than 60% convictions that have been held wrong. However there is no inhibition on convicting a person based on a single testimony provided by a single person. There is an inveterate principle which is stated as evidence has to be weighed and not counted. The affirmation that eyewitness evidence is dependable and exact is testable and the exploration is certain that the observer’s recognizable proof is helpless without the observer’s mindfulness.​

This is a constitutional law study titled “a relook at impeachment of judges in the past” This detailed paper focuses on impeachments of judicial figures in the past as well as understanding the level of awareness and outlook of the individuals towards the existing impeachment process of the Judiciary in India. This Research paper will be discussing the particular issue of Judicial Impeachment in India along with its features and drawbacks with respect to other foreign laws. The foreign countries covered are namely: England, Wales, United States and France. This study also extensively points out the loopholes in the Indian Impeachment method and other suggested recommendations. The paper also aims to understand the concepts of Judicial Accountability and Judicial Independence, in order to highlight the need for both parallelly based on the situation and give a detailed suggestion to the current judicial impeachment mechanism existing in India

The covid-19 has had a disastrous run and created a greater impact on the business contracts. Many contracts were breached and thereby resulting in cascading effect on the Indian Courts. This in turn has resulted in numerous litigations all over the country where the problematic situation is that we don’t have enough judicial precedents in correlation with this pandemic. Not only in India, but this situation can be witnessed all over the globe. This non-doctrinal research paper speaks on the various societal aspects in which this pandemic has imposed its effects on contracts and their breaches, also discusses on various remedies as per Indian Contract Act, 1872, specific performance and injunctions given by the judiciary as a remedy to the anguished person involved in that contract

Female Genital Mutilation involves the partial or total removal of external female genitalia or other injuries to the female genital organs for non-medical reasons. It is a traditional practice carried out on young girls, who are usually under the age of 15. This practice has been shown to have severe health complications for women, and thus, is a violation of the human rights of girls and women. In India, the practice is reported to have been performed in the Dawoodi Bohra community. Khafd, as it is identified in the community, is said to be a religious rite that has been in practice for hundreds of years. This paper aims to analyse the practice of FGM from the jurisprudence of Article 25 and 26 of the Constitution through a catena of judgments from the 1950s to the latest case of the Indian Young Lawyers’ Association and Ors. v. State of Kerala (Sabarimala Case) and examine the essentiality of FGM as a religious practice

Marriage can be considered as an important and prime event in an individual’s life. Irrespective of any beliefs, rules, regulations, faith, etc. every religion is having the concept of marriage. Both Hindu law and Muslim law irrespective of so many distinction in their respective religion, gives great importance to marriage. However, the approach that these two religions are having towards marriage is completely different from each other. In simple terms, we can say that both the religions are having same destination but are taking different paths to reach there. According to Hindu law, marriage is harmonizing the two-individual eternity, so they can pursue dharma, Arth and Kama. On the other hand, according to Muslim law, marriage is the legal contract between the two individuals with their consent and the own will. This research paper will do a comparative analysis on marriage under Hindu law and Muslim law. In comparative analysis, first, we will examine the aim and objective of both religious marriages according to their religious sources. Second, we will also explain how the aim and objective of the religious marriage is totally different from each other by comparing from their respective religious sources. Third, we will compare the nature of both the marriage and lastly, we will see how they are considering inter religious marriage under Hindu law and Muslim law. Also, this paper will deal with the validity of the Hindu and Muslim marriage. Both the religions are having a distinct approach towards marriage, which will be dealt with in this research paper

Obligation overhauling is an unmistakable issue looked by all the creating nations, it is basic that these nations have a powerful instrument to deal with their general obligation and that their obligation recuperation frameworks are able to deal with the requirements. Numerous ongoing enactments in India, for example, the DRT Act, The SARFAESI Act and corresponding have been ratified and came into potency to take charge these necessities. Debate is that whether these changes have accomplished their objectives , regardless of whether they are sufficient to bring off all worries and what all alterations are required assuming any?. The representatives of bourgeois and industrialist along with some think tanks are of the opinion than an audit of frame work is required?​

Many post-colonial states have to confront numerous jurisdictions, cultural and religious diversity, and states are frequently unable to harmonize struggling factions after independence. This leads to unequal, religious differences in standards that give way to subverting international human rights, particularly for women, and leads to situations that are theoretically unconstitutional, yet still real in democratic states. The multiculturalism-based states also face the problem of equalizing values that emerge out of contradictions between advocates of cultural pluralism and states that are dedicated to guaranteeing constitutional and equitable rights. The purpose of this article is to clarify the implications of the Universal Civil Code and to put it into line with the introduction in Indonesia and achieve the possible convergence of all civil laws inclusive of religious distinctions as conceived by the Indian Constitution under Art. 44.​

State immunity deals with a State, its governmental officers and agencies. It relates with the most fundamental issue as whether a state is immune from judicial processes of its own courts and courts of other nations. The concept is derived from the maxim “par in parem non habet imperium” i.e. equals do not have authority over one another. Moreover, the concept of state immunity is also dealt with respect to Hohfeld’s analysis that describes relations of immunity with disability. Basically, there are two types of immunities - absolute and restrictive. The former refers to the privileges and exemptions, granted by one state through its judicial machinery to another, against whom it is sought to entertain proceeding, attachments of property or the execution of judgements. On the other hand, the later doctrine makes a distinction between acts performed in exercise of sovereign authority which remain immune and acts of a private or commercial nature in respect of which proceedings in national courts may be brought. The immunities granted can also be revoked as provided under the Vienna Convention. This waiver can be classified as Implied and expressed waiver. The current trend is additionally inclined towards the restricted approach where countries have curtailed the likelihood of immunity for a remote State in their jurisdiction either by way of legislation or court decisions; there is justification that it is now well structured. This provides a new impetus for clearly determining state responsibility and international liability because the principle of state immunity has become well defined due to the restrictive approach.​

Media format is one of the techniques through which important information is disseminated from original source to its final receiver. Before we proceed with choosing the right media format. Let us discuss what does the term media means. Nickolas Luhmann “defined media as “those institutions which make use of copying technologies to disseminate communication.” Luhmann captures the “efficient” or “economical” aspect of mass media. Media are anything, “provided that they generate large quantities of products whose target groups are yet undetermined.” The history of media can be traced back to 12th century where news was communicated from one mouth to the other. Merchants, Traders, and Travellers travelling to far lands fetched information on various subjects. In the 18th century newspapers and magazines were the primary sources through which information at large extent can be communicated to masses. However, years later as the technology has undergone a major revolution there are various ways in which information can be disseminated. Development of radio communications, satellite navigation and better connectivity helps us in providing with the real time update of any event around the world. One of the primary examples of this is the cricket match which can now be live streamed from any device right at the comfort of your home. Many news channels and newspapers which had conventional ways of imparting news have now shifted their focus from the traditional to modern approach. Many news applications provide you the news in a consolidated form instead of reading the long articles. As the technology has undergone a major evolution there are numerous media formats through which story or happening of an event can communicated to the public at large without any delays. Through this article we would like to elucidate various media formats and how to choose an appropriate format..​

The society is growing everyday and growth is all about changes and developments towards the better. One such major development done in the Indian societal structure was the striking down of Section377 of the Indian Penal Code which criminalized unnatural offences in its terms. But those which is unnatural for some is completely natural to others. But the changes that were expected did not come with the Judgment of the Court.Changes are to be incorporated in real within the people, in the society. Acceptance of this great decision of the court still seems very difficult for the Indian masseswho believe to have their roots of culture in the long histories of centuries. After the decriminalization of section 377, the next step on the road isthe development of this newly identified community-LGBTQ and the recognition of their relationships which can be achieved through the way of marriage.The researchers in this paper try to deal with the scope and boundaries of the people of this community. The paper will deal with the problems that is faced by this community and their social acceptance, the historical aspects, different religious sentiments,and different topics will be brushed upon. Also, there are many issues that can also be dealt with if acceptance of these marriages can be positively done and the paper highlights them too. This paper will try to find solutions to the many questions that are supposedly raised on the validity of LGBTQ+ marriages in an oriented manner

This literature review aims to study and analyse the work of Harper lee called to kill a mockingbird. The prevalent themes in this novel are racial inequality, ignorance, rape, innocence, subjectivity, justice. The timeline of the story is set in the 1930’s in the fictional town of Maycomb, modelled after the southern town of Alabama which is a pivotal indicative of the rural backward thinking of its populace and double standard. The narrator of the novel is the daughter (jean louse Finch) of the protagonist Atticus Finch. The central focus of the story begins at the courtroom scene, wherein Mr. Finch the criminal defence attorney for Tom Robinson an African American man accused of alleged rape and brutality. The proceedings of the case unfold serious and sensitive subjects that are a shock to the system, and the failure of the broken American justice system is at the heart of this novel. In this review, the subjects explored would include racism, prejudice, ignorance, criminal with their effects and repercussion on and of law/criminal procedure in intricate detail. Along with which a parallel study will be drawn between the justice system then and now as well as the system in India and America