Volume I, Issue II / 2019

Abstract. In the twentieth century our country saw a magnificent and enormous growth in Information Technology and e-commerce which involves electronic and commercial transactions. With the enhancement in technology and rapid applied sciences based development of a country safeguarding the negative impacts with certain stringent and effective laws became the need of an hour. Unfortunately India had no legislative framework or policies to protect the evil outcomes of technology and rampant usage of e-commerce.In the year 2000 the Information Technology Act was introduced to safeguard the security concerns and to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication. Implementing effective cyber security provisions to monitor and protect information became necessity. Cyber Security means a body of technologies, processes, and practices designed and worked to protect networks, devices, programs and data from attack, unauthorized or illegal access or damage. Cyber security is a practice to be protected from cyber-attacks which involves series of cyber security threats to the systems, networks, and programs. Along with the legislation in the year 2013 National Cyber Security Policy came from the Department of Electronics and Information Technology which aimed at protecting public and private individual or infrastructure from cyber-attacks. This paper highlights the issues relating to cyber security, types of cyber security threats prevailing, the legislative framework, the objectives of national cyber security policy, and the ways to ensure a secure and resilient cyberspace.Keywords: e-commerce, electronic transactions, cyber security, cyber threats.

Abstract. Corporate social responsibility is an immemorial age concept in India and can be traced from the period of Vedas where it says that a man can live alone but to survive he need to live in collective way i.e. in a societal way. It further state that peace security order and justice should be there in any rule of society. Without this the state cannot function properly. With the advancement of age this concept of corporate social responsibility was diminished and need to replenish into the society again. Slowly and steadily the concept was re-introduced into the society. When the corporate giants started to earn huge profits society started to demand some in return from these corporate giants as they were utilizing the regions resources both natural and human. The human skills need to be upgraded which in turn needs education, health, etc. in the society. The same was incorporated in companies’ act 2013 which made it mandatory for incorporation of corporate social responsibility in the annual report of the company under the Directors report. All the company whose net worth is exceeding the specified limit have to mandatorily file the corporate social responsibility before the ministry of corporate affairs, incorporate in the annual report and upload it on the company’s website. They have to form a committee of CSR consisting of 3 board members and make such recommendation as they deem fit for the benefit of social responsibility. If a company in any three financial year has reduced the net worth than the prescribed limit then they don’t have to file the CSR report to the authorities. If however they are required to file and not filed the same they are libel to penalize for the same.Keywords: corporate social responsibility, stakeholders, employees, society, companies act.

Abstract. 70% of the women do not report sexual harassment by superiors due to the fear of being judged by the society and its repercussions. The #Me Too movement brought about an initiative to solve this problem that existed in the society. This paper talks about the much known #Me Too Movement that was initiated by an activist to give women confidence and a platform to come up and talk about the grievances they have been facing from so long. It started in the U.S.A in 2017 and travelled to India one year later in 2018. #Me too is an empowering movement for women who have been sexually assaulted and harassed to come forward. The offences of rape, sexual harassment and sexual assault are punishable under the Penal laws under Sections 376, 354 and 376A respectively but the question that needs to be answered is whether such accusations of these offenses on social media hold any legal viability? Also, if the statement holds legal validity and is not true the other legal implication that flows is the possible case of defamation from the accused assaulter against the confessor. And how difficult will it be to prove the same as the incidents being talked about are very old. The paper will try to answer all these above questions and the aftermath of what happened after the advent of this movement.

Abstract. When we talk about the status of women in ancient society they were treated or preached as a Goddess Kali, Saraswati etc described in many texts of Hindus and the majority community in India, because of that they had a very special place in our Indian society. Some scholars have explained this mediocre status of women as a result of patriarchal code of living. The inflexible codes of behaviors as outlined for women in Brahmanical texts were also responsible for the low status of women in India. With time women status are changing where states as well as non state players are playing a significant role in empowering the position and status of women. There are many changes like giving 50% reservation for women in Panchyat after the Sikkim Panchyat (Amendment) Bill has passed in the legislature another changes is schemes like Chief Minister Rular Housing Mission (CMRHM) where house had been named after the women of the family. Besides that there are some non players who are actively participated to uplifment the status of sikkimese women in society. likewise many changes has been taking palce an attempt has been made for suggestion and recommendation in empowering women of both rural and urban areas and giving them a platform of political and economic self reliance so that their major decision making process bring changes in traditional ideas and strengthening and building trust and corporation.Index Terms: Empowerment, Gender Studies, Sikkimese Women, State and Non- State Actors.

Abstract. This article initiates a constitutional approach towards the protection of rights of socio-economically backward people in India and also tries to identify the problems faced by the backward groups and recommends better action and obligation of the government. The article is prepared with constitutional provisions and the Mandal Commission reports.

Abstract. This article encompasses the understanding of Artificial Intelligence, its innovation and benefits in today’s day and age. With increase use and scope of artificial intelligence over the world, there is a constant need to adapt to such changes legally.Artificial intelligence tends to disrupt the competitive market in the society, thereby leading to a need for steps to be taken to account for that. This article deals with the current position in India along with the initiatives taken by the Indian government to ensure fair competition in the market.The article is concluded with the challenges faced in the market with regard to artificial intelligence and how it restrains the competition in the market, along with suggestions and opinions.Keywords: Artificial intelligence, antitrust laws, Competition laws.

Abstract. Comparative Advertisement is all about representation of a product in a way that enables consumers to reach more rational and informed purchasing decisions, increasing consumer information and comprehensive of the brand in progress. This has evaded the concept of traditional advertisement but brought with it new issues relating to disparagement, unfair competition and trademark infringement. Comparative Advertisement allows one to show ones goods best in the world by comparing it with others but it cannot be allowed to say its competitor’s goods to be bad. “Trade mark” means a mark capable of being represented graphically and which is capable distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours. Section 29 of the Trade Mark Act 1999 speaks about the Infringement of registered Trade Mark. This paper focuses that not only in India but in other countries like US, Uk and European Union trade mark infringement during Comparative Advertisement is not permissible. The paper seeks to analyse the intricacies of law involved in the concept of comparative advertising in relation with trademark infringement.Keywords:- Advertising, Comparative Advertisement, disparagement, infringement, Trade mark, unfair competition.

Abstract. The privilege to a reasonable and open criminal trial or a reasonable and formal proceeding in common procedures is one of the assurances in connection to legitimate procedures. Reasonable trial and reasonable hearing rights include: firstly, that all people are equal under the steady gaze of courts and councils and secondly, the privilege to a reasonable and formal review before a skillful, free and unbiased court or council set up by law. Each individual accused for a wrongdoing ought to have their blame or honesty controlled by a reasonable and successful legitimate procedure. In any case, it’s not just about securing suspects and adverse parties. It likewise makes social orders more secure and more grounded. Without reasonable preliminaries, unfortunate casualties can have no certainty that equity will be finished. Without fair trials, trust in government and the standard of law will result in breakdown. This privilege to a reasonable preliminary or trial isn't new. It has for some time been perceived by the worldwide network as a fundamental human right as well as a constitutional right guaranteed by the constitution of India. In spite of this, it is correct that this is being mishandled in nations over the globe with destroying human and social results. There are several instances which shows the recognition of this privilege and overlooked at the same time. There are few proposals discussed in the paper which might help to resolve the issue to certain extent.

Abstract. The project work aims at analyzing the present significance of doctrine of due process of law in Australian Constitution and compare it with well established position of the doctrine in Indian Constitution. This paper also aims to criticize absence of explicit provision of right to due process in Australian constitution to safeguard the life and liberty of people residing within the territory of Australia and provide suggestions to overcome such problem. Absence of explicit provision of right to due process in Australian constitution leaves the basic right of life and liberty at a very vulnerable position and does not provide a person effective remedy against the arbitrary actions of executive and legislature.

Abstract. Marriage is Associate in Nursing integral a part of society, a supply of joy and festivities in addition as of recent beginnings. Yet, one amongst the longest standing evils related to wedding from a woman’s purpose of read within the Indian society is that the dower system. Despite loads being aforesaid and done against the custom, it's still prevailing within the twenty first century, in each refined and obvious ways that. The root of a number of social atrocities against ladies, the custom of presenting dower is that the crudest expression of the male-dominance within the society. It is most often the mandatory custom of a girl’s parents having to provide a considerable amount of cash, gold in the form of jewelry, electronic equipment, movable or immovable properties, to the groom and his family, at the time of marriage. Although the origin of the custom lies with folks attempting to assure monetary stability for his or her daughters, in current perspective it's translated into folks paying up for the assurance of well-being of their daughters. The jewelry and money that a bride brings together with her from her parents’ home is typically cited as “Streedhan” and in theory is that the property of the woman, but in reality it is often treated as their rightful due by the groom’s family. The add to be paid as dower has no set commonplace, the yardstick greatly depends on the groom’s profession/social standing and is usually perceived because the groom’s family as the compensation of efforts they need created to coach their boy. In a a lot of refined perspective, one may define this custom as the unquestioned idea that the girl’s family is inferior in standing with the boy’s family, no matter what her qualities are. Thus they need to be on their best behavior and offer lavish “gifts” to please the boy’s family. This ideal is so ingrained in the psyche of a large number of Indians, they either practically ruin themselves financially in order to pay for the appropriate price of the chosen groom, or make a bid to eradicate the prospect of this financial burden by selective gender-biased abortion or female infanticide. This exploitative system that has turned the custom of giving gifts and well needs into a obligatory demand for cash, respect and subjugation, is that the one amongst the key causative factors impeding the expansion of the Indian society wherever being a woman is still viewed synonymous to being a burden..

Abstract. The present paper discusses in great detail about the need and importance of Capital and raising of Capital by Companies in India. The paper will also elaborates about the various options for a Company in India to raise Capital. The paper also explains the types of Capital according to the needs of the Companies. The paper finally concludes by describing the various modes by a Company can raise Capital in India.

Abstract. The paper is a discussion on the case The State vs. Sushil Sharma popularly known as the “Tandoor Murder Case”. The project paper would discuss the series of events (facts) that lead to such a case which involved Tandoor for sure. The horrors of the human mind when frustrated and angry have been clearly seen in this case. The paper would be a perspective on how the judgment was given on only circumstantial evidence and as to why it was wrong to not give the death penalty to the convict. This heinous crime shook the entire country, the judgment shook all by a completely different level.

Abstract. Life of person with disabilities is very difficult, painful and beyond imagination. Our motive/duty as a human being should always be not only to be sympathetic towards these people but should contribute towards their well-being and growth in their life. No doubt, there are many examples of people and organisations making their sincere efforts towards improving the life style of these especially abled persons but much have to done and with the help of science and technology.The theme of National Science Day 2017 was “Science and technology for especially abled persons” in order to encourage innovation, awareness and reach of accessibility solutions to differently-abled people. As per records, 50 per cent of India’s 100 million differently-abled persons are under the age of 30 and there is a huge need for assistive technology products. There is urgent need to bring together government, corporates, educators, NGOs and the differently-abled people so as to understand their needs and provide information on available solutions that can include differently-abled people to participate independently in all walks of life.People with disabilities meet barriers of all types. For years, disabled people had to rely on somebody else doing things for them. But now with the help of advance technology, disabled people can do things that would have never been possible before - from switching on a light to having a voice to express themselves. Technology has always lent a helping hand for people with disabilities such as visual impairment, speech impairment, people with motion disabilities or disorders etc. There are a lot of apps and gadgets that can help ease the difficulties people with disability face on a daily basis. Moreover, technologies that could help disabled people contribute more in the workplace - and improve their quality of life.

Abstract. The history of mankind is replete by various revolutions and past century has witnessed a drastic development in the field of technology ranging from industrial revolution to the development of the information technology and yet one of the most advanced technologies of this century being the BIOTECHNOLOGY, this technology is a culmination of human inventions and natural processes. Biotechnology is not believed to be a new concept since as per Sans the technology had been a part of mankind ever since the ancient times earlier in the form of fermentation process in order to produce and protect food for a longer duration and in present the same fermentation coupled with genetic engineering is called biotechnology thus leading to a conclusion that the only difference is of the nomenclature and not of another technological development. With this conclusion we come to another important aspect of this century of development that is the identification of any object where in ancient Greek the cooks were given a special right when developed a new recipe that they were to grant permission to others in return of some sort of profit for other to enjoy the recipe and today the similar is given the concept of Intellectual Property Rights inclusive of copyright or patent whichever applies.However whatever heights the humankind achieves or whatever milestones technological world achieve law is watching and governing everyone at every lapse of the journey to the zenith. Law is the clutch to the machine like society and is a watchdog to the humankind i.e. whatever distances the development crosses it shall always fall under the purview of Law.Here in this paper author has dealt with the importance of Intellectual property Rights in the field of Biotechnology and how these laws have developed facing an enormous amount of criticism with the help of certain case laws, later in the paper authors have dealt with the ethical point of view with regards to the patenting of Biotechnological innovations also TRIPS agreement and it’s take in the Biotechnological arena has been explained.Methodology: The author by qualitative and quantitative forms of research has tried to analyse the role of Intellectual Property Rights in the field of Biotechnology and how the ethical arguments has taken form with regards to the same with a special reference to the TRIPS agreements.Keywords: Biotechnology, Patent, Product of Nature, Intellectual Property Rights

Abstract. Evergreening refers to the diverse ways wherein patent owners take undue advantage of the law and associated regulatory processes to extend their IP monopoly particularly over highly lucrative “blockbuster” drugs by filing disguised/artful patents on an already patent-protected invention shortly before the expiry of the parent patent . These artful patents tend to protect delivery profiles, packaging, derivatives and isometric forms, mechanism of action, etc. for the same old molecule. This provides the innovator companies sufficient time to recoup their controversially estimated R&D costs. Patent monopolies thus should be designed to function to function at an optimum level wherein maximum incentive is accorded to investment in research followed by simultaneous accessibility of the protected inventions to the public. The TRIPS compliance has compelled pharma industries of the developing countries, such as India, to innovate in order to cater to the requirement of current and future drugs. This study covers aspects of evergreening, its impact in the pharma IP domain and identifies means adopted for limiting evergreening. Further, the concepts have been understood with the help of the Hoffman La Roche and Novartis cases.

Abstract. It is a widely believed assumption that crime and economics have a paradoxical relationship. However, the authors of this paper take a step back to show an imperative aspect often foreshadowed. The legal processes regarding criminal law such as the legislation and execution of the same depends upon the economic state of the Country. Moreover, the study of criminology which focuses on the moral compass of the offender does not consider the economic conditions that the offender was put under. The paper further iterates upon the aspects of punishments and fines for criminal offences. In its essence, the paperfocuses on how the different economic and statistical tools can be implemented in the formulation, execution and adjudication of Criminal Law. The essence of this paper is to establish a link between the two terms and prove that criminal law cannot exist without economics..

Abstract. This essay primarily focuses on the applicability of principles of International law in an International investment disputes between countries. The scope and ambit of international law is vast and hence there is a need to study all the principles relating to an investment dispute at one place at the same time. Every country intends to improve its bilateral relations with other countries and hence investment plays a pivotal role in strengthening those relations. There are many situations because of which an investment dispute may arise and therefore it is quintessential to understand the principles revolving around an International Investment Dispute. This essay includes the detail analysis of Exhaustion of local remedies rule both in International law as well as in Indian context. Further the essay talks about the principles of customary international law that revolves around an investment dispute. These principles are Special and differential treatment, presence of a legal dispute, principles of MFN and NT, standard of treatment of foreign investors and legitimate expectation.

Abstract. If necessity is the mother of invention, conflict is its father”, very well-articulated by acclaimed philosopher Kenneth Kaye .Conflict or dispute in any matter whether it is civil or matrimonial has become very frequent and humdrum nowadays and the only source to solve them is our Indian Judiciary but the irony is that ,it is itself loaded with burden of imminent and forthcoming cases which itself hinders the concept of potent justice and fair play and principle of Natural Justice that is Justice Delayed is Justice Denied. So in these types of situations, alternative dispute resolution system comes to the rescue which tries to solve the dispute outside the court in less time and more economically and mediation is one of them. The utilization of mediation in Asian nation is published below the Arbitration and Conciliation Act, 1996 and also in the Code of Civil Procedure, 1908 (CPC). Mediation in its simplest kind, is a method during which a neutral third party assists disputants to succeed in a voluntary and negotiated settlement of the problems, under consideration. The intercessor facilitates the communication between disputants in order that they will clearly perceive the distinction and crafts a reciprocally acceptable settlement, however he has no power to impose a choice upon the parties. Mediation has emerged as the most generally accepted dispute resolution mechanism for subsiding marital status disputes. There are many blessings hooked up with mediation in context to marital status affairs like confidentiality, price effectiveness, informal procedures, power of management, full freedom of parties to reject the end result, mutuality, etc. and the foremost engaging and indispensable feature is that it follows the principle of timely justice. This paper highlights various provisions with regard to mediation and its role and importance with special reference to marital status dispute in Asian nation.

Abstract. Temporarily Engaged Employees have resorted to the judicial system for redressal of their grievances but have often left empty handed. They have demanded the upgradation of their pay as compared to what is paid to permanent employees. The practice of temporary appointment is not seen as a stop-gap solution to staff shortages but as a means to subvert the compliances required under India‘s labour legislations. They are not given any benefits of regular employment such as provident fund contributions or retrenchment compensation. Therefore, the practice of contract employment has become extremely attractive for every strata of employers right from software companies to the government itself.Since 1998 thousands of temporary employees have been working in pathetic socio economic conditions but nothing has been done so far. Every year landlord increases the rent; inflation is also getting higher and higher. Permanent employees get Dearness Allowances (D.A.) every six months but so far as temporary employees are concerned, they are not getting any relief. Amount once fixed as salary continues for year to year. Everyone wants a dignified life with all rights such as food, shelter, medicine etc. but all these rights cannot be availed in the meager amount given to a temporary employee. It is necessary that we evolve a framework that dissuades employers from continuing with such a practice.The principle of ‘equal pay for equal work’ would be applicable to all the concerned temporary employees, so as to vest in them the right to claim wages, at par with the minimum of the pay-scale of regularly engaged Government employees, holding the same post. The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Abstract. Through this article I would like to bring out the various aspects of sexual violence other then rape. Now a day the fatality sufferer of sexual assaults are not just the women but also has widened its hands of austerity to men.The crime of sexual assault doesn’t affects the perpetrator unless punished but it leaves the sufferer jammed and struck into that raunchy incident and the continuous flashes of beyond the pale act which disappears happiness and gives birth to disorders like fear, anger, hostility sleeplessness, continuous thought of suicide, over thinking, withdrawal from the family and friends and various other problems a victim has to go through which can only be understood in a better manner by the one who has been a sufferer to the same.The recuperation process requires time in order to resuscitate yourself physically and mentally. It requires a lot of strength to come out of this wholly, like doing things for yourself, indulging into some work in order to keep yourself engaged, doing things that makes one feel more comfortable, staying active and healthy, spending time with trusted person or one can also opt for medical assistance from a therapist.

Abstract. Human life place a great role in the society because of its importance where it paves a way to lot of emotions and attachments in cycle of nature. That could be a reason why human life is important in this eternal world which makes different from other living creatures in the world. Death penalty can be simply referred in simple sense, where it where the life of a person is taken by the State by following the due procedure of law for the grave offence, which the person has committed. But this death penalty is not new to this contemporary world, where it got its existence from ancient time, which stands to be immortal. It was practiced in all centuries of human life society. This 21st century has made something special , where it openly confesses that time has come for abolishment of death penalty, by making up satisfactory opinions and arguments and posing certain conditions on which death penalty should be imposed. This has become a debatable issue, where some of the developing countries has made concerned to this issue and has abolished death penalty. India is a well – known developing country, it didn’t sort out any conclusion in abolishment of this capital punishment, but it has given in rarest of rare cases as far as cases are concerned. Though there are many enactments and punishments prescribed in law, concept of death penalty plays a vital role in criminal justice system. Imposing death penalty has led to many issues in current society. Hence, this paper highlights and stretches out the overall view in death penalty as far as India is concerned.

Abstract. According to the Berne Convention, copyright protection should not be subjected to any procedural requirements. But nonetheless, the said protection which is provided will be enhanced if in case certain formalities, which include publication and registration, are followed. Publication, amongst these, is a very important aspect of copyright protection as, according to Indian Copyright Act, copyright protection begins from the date of publication. However, the definition of publication provided under the Copyright Act is vague and it opens up a Pandora’s box when we try to apply the said definition to certain categories of work. Against this background, this article aims to demystify the necessity of publication for copyright protection, while also pointing out nuances in the current copyright regime in relation to publication. The author concludes the article by opining a possible solution for the way ahead.

Abstract. Artificial Intelligence is a branch of computer science that lays stress on creating intelligent machines which work and react like humans. Artificial Intelligence is said of being capable ofreplacing humans in some fields.One of the purpose of this paper is to find out whether the replacement of legal professionals by AI will lead to unemployment in the longer run. Although Artificial Intelligence has a capacity which is more as compared to a human being, it’s feasibility in actually taking over the legal field is a questionable issue, but if so be it, the researchers through this paper will find out the effectiveness of the use of this technology and what impact it will have on employment. This paper will as well look into the aspect of automation of the legal system with the help of AI and measure the odds against the augmentation of AI in the field. Although automation and augmentation both have its pros and cons, the viability of one over the other will be measured in this paper. Lastly, the application of Artificial Intelligence in legal research will also be looked into. Research is inevitable to the profession itself, every legal professional has to go through extensive research work throughout their career. The ways of legal research have shifted as the profession progressed with time. Through this paper, the researchers would look into the application of AI while conducting any work in the field of law and measure its convenience or inconvenience with respect to earlier ways of conducting legal research. Along with it, this paper will also compare the accessibility and application of AI in developed, developing and under-developed countries.Keywords- Artificial Intelligence, replacement, unemployment, convenience, inconvenience, automation, augmentation, legal research.

Abstract. The contemporary times witness an increase in the malpractices and fraudulent activities against the consumer. Dual Pricing being one of them, refers to the practice of charging different prices from different consumers for the same product. It has been manifesting itself through en-number of instances in the economic marketplace of India, where the consumer at the behest of the seller, is left exploited. This study, takes into account the illustrations of dual pricing ,in various sectors, while noting down the relevance of the interest of both buyers and sellers. Also referred as price discrimination,dual-pricing is prohibited by the Section 18(2A) of The Legal Metrology Act, 2017, in India. However, the legislation is saddled with numerous limitations in regard to the scope and interpretation. The authors have thrown light on such limitations and at the same time explored the various dimensions in which judiciary plays its role to interpret it. It is further revealed that the interpretation of judiciary serves more purpose to tackle the ambivalence in the existing law. The judiciary has played a vital role, to explain the rationales in various cases and an attempt has been made to harmoniously construe the interests of both the buyers and sellers. Towards the end, it is suggested that the legislature should make uniform laws, on the lines of judiciary’s interpretation on the legitimacy of dual pricing, so as to reduce the burden over the judiciary and serve the purpose of protecting consumers.Keywords: Consumer, Dual Pricing, Price Discrimination, Legal Metrology Act, Judiciary, Legislation.

Abstract. In 2011, the perpetrators of the Satyam Scam agreed to pay of 125 million dollars to settle the class action suit instituted against them in the United States. Though this would have gone largely unnoticed in the United States because of the frequency of the class action lawsuits initiated there due to the ease of doing so along with the collective support a suit can garner, this culture of class protectionism has been largely been absent in India. Though many class action provisions exist in today’s landmark legislations such as in the Industrial Disputes Act, 1947 or the Consumer Protection Act, 1986 they have hardly been utilized. Due to the non usage of these, the discourse surrounding class action in India is often limited to learning about them being applied in western countries such as the Enron Securities Settlement in 2006 for 206 Billion Dollars in the United States and the potential MasterCard Ruling in the United Kingdom which would benefit a potential 46 million people. In 2013, the Central Government took note of this disadvantage Indian investors have vis-a-vis investors in foreign jurisdictions and enacted S.245 in the Companies Act, 2013. This provision was implemented with the objective of ensuring that Indian shareholders have some sort of recourse when their interests are compromised. The provision detailed its definition of a class, the powers of the court and on what basis a tribunal shod consider its decision. Despite this s.245 under the Companies Act, 2013 has remained largely unsuccessful, as only a handful number of cases have been filed under it. This paper will seek to compare class action suits under the companies act to those existing in the United States and the United Kingdom and will seek to analyze certain shortcomings and strengths of Indian Investors wishing to proceed under the Act.

Abstract. The topic of Euthanasia has been debated across the world for long and it has great significance in the contemporary society because it raises the questions in medical ethics, moralvalues, civilrights ,personal liberty and right to privacy. Euthansia or Mercy killing implies a strong emotions since its is associated with the life and death isuues, as it is the ending the life on the request of deceased. An individual who is subjected to perpetual chronic illness and the traumatizing pain; both mental and physical may find this a relief. However, the inter-dependencies within our society poses a question on whether or not their loved ones may state their opinion. Further one might also question whether right to life encompasses a right to die. If so, then what makes suicide and euthanasia different from each other? This article aims to approach euthanasia and its application in the process of death. Initially, the article gives a definition and explanation regarding the term euthanasia and its historical perspective. Later on, discusses about the different forms of euthanasia with judicial views and case laws. The global views are explained with legislations of few countries are approached. The article gives its main attention to the development of euthanasia in India and its historical background is also analysed. An overview of the two landmark judgements Arunashanbaug’s case and Common cause v UOI case is also summarised in this article.

Abstract. With an advancement of green revolution and with a global challenge to making less use of papers, the Indian financial system has shifted to Online banking transactions. Online transactions have many benefits like saving of time, papers, hazards etc. but the cyber-crimes are rapidly increasing in banking sectors through the media. The research paper covers different types of credit card frauds in India. The paper also focuses on lack of Governance of Reserve Bank of India in Online banking transactions. The liability of banks and cardholders in such cyber banking frauds are the main issues to be dealt in this paper. The research paper discusses how Criminal law is implemented in credit card frauds. The concept of plastic money has made customers shifted towards online banking transactions..The credit card payment defaults have contributed much towards banking frauds in India. There is grey area prevalent in law between default credit card payments and customer's willingness to pay in any other mode. The research paper has highlighted the critical issues of credit card fraud investigation techniques. Mainly three relevant Indian Statues have been referred in supporting the different factors of banking frauds in the paper, namely The Negotiable Instruments Act,1881, The Indian Penal Code,1860 and The Foreign Exchange Management Act,1999.The purpose of the research paper is to resolve the research question about the liability of banks and card holders in banking frauds. Law operates not in vacuum but in prominent governance of Reserve Bank of India and protecting the finances of customers of banking sectors has become one of the concerned issue of the day. The present paper undertakes doctrinal and analytical research methodology to critically examine the impact of the online transactions in banking sectors.Keywords: Credit cards, Online transactions, liability, fraud detection techniques, cyber-crimes.

Abstract. With the emergence of globalization and improved interconnectivity, it has become very easy for offenders in India to escape to foreign jurisdictions and escape the prosecution in the country. Effective extradition procedures are an essential instrument of international law enforcement, both in relation to national crimes and, increasingly, international crimes. New international legal frameworks are developing with the aim of enhancing international responses to organized crime, including terrorist crimes and drug trafficking. Apart from providing timely justice and grievance redressal, extradition also serves as a deterrent against potential fugitives. However, India’s success rate in extraditing fugitives is appallingly low; only one in every three fugitives is being successfully extradited to India. This research paper examines the extradition treaties that India has entered into with various countries, and gives an overview of India’s successes and failures in obtaining the return of those offenders. It also studies the challenges India faces when it comes to the question of extradition and lists recommendations to improve India’s extradition process.

Abstract. Compensation is granted to the victims of any offence. There are various statutes that aim to provide compensation to the victims. This article aims to provide information about the compensatory jurisprudence in India and also bestows information with respect to the concerned statutes. This article also aims to provide a keen knowledge about the dearth of laws in providing adequate compensation to the victims. The article also throws light on the issue that the laws are not in accordance with the changing trends and with the contemporary society. This article highlights the inadequacies in the current laws and the need for a renovation of these statutes so as to make them prevail for future as well. This article has aimed to provide few suggestions in its concluding paragraphs as well.

Abstract. The 42nd Constitutional Amendment Act, 1976 is also known as mini constitution. This amendment made various amendments to the Constitution of India including the preamble. One of such amendment was the addition of the word ‘SOCIALIST’. This amendment made India a socialist nation provided expressly by the constitution. The socialism is expressly provided by the constitution and also has its place through various judgments in India.The author attempts to put light on the nature of ‘constitutional socialism’ of India. Whether the socialism is present in the economic sector of the nation or it has mere glorification in the preamble in the preamble of the constitution.Further, the author wants to study the economical data and lay down the conclusion whether socialism is followed in India or whether India is a socialist state or not. Also, the failure of socialism in India would violate the fundamental rights of the citizens, if any. Finally, the author would suggest how there would be no violation of the fundamental rights, if any.

Abstract. Our country India is a democratic county. This democracy is governed by a government which is of the people, by the people and for the people. The phrase “a government of the people, by the people and for the people” basically means a government which is run by the people of the country. India is a country which is run indirectly by the people of the country, that is through their representatives. These representatives are elected by the people and here comes the concept of election which involves the election of these representatives. The following paper deals with the provisions regarding elections enshrined in the Constitution of India and analyses the same. The paper also discusses about a fallacy which is there in the constitutional provisions for elections in India or rather we can say it also discusses a very important factor which is missing in the constitutional provisions for elections in India. This important factor is the basic minimum qualifications which should be there in people to become the representatives of people and run the government. The paper does not go into the details of the provisions but gives an insight or an understanding as to what are the provisions regarding elections given under the Constitution of India. The discussion does not contain any complex legal terms but gives a simplified explanation of the provisions so that not only a person from a legal background but also a person from any other background can have a clear understanding of the constitutional provisions for elections in India.Keywords: Democracy, government, representatives, election, fallacy, qualifications.

Abstract. A gene patent grants the user ultimate control and exclusive rights over a gene i.e. specific sequence of DNA, the government to whoever is the first to claimed to have identified the gene provides this patent. Once the patent has been issued, the patent holder is allowed to decide how the gene is used in clinical situations, research and commercial settings as well for the next 20 years. In 2013, there was a case against Myriad Genetics and their gene patents, where the Supreme Court ruled that genes could not be patented in the United States on grounds of DNA being a ‘product of nature’. It was deemed that there was a lack of intellectual property, and hence a patent cannot be granted. Previous to this judgment, there were 4300 human gene patent claims that were all remanded due to this case, which allowed for maximum usage for commercial purposes as well as research.This paper will discuss the evolution of biopharmaceutical litigation in the United States that led up to the Supreme Courts’ decision in Myriad Genetics. Following which a further examination of other countries position with respect to gene patenting, and how the judgment in Myriad has affected their various legal positions.

Abstract. “Right to life under section 21 of Indian constitution has came to mean the right to enjoy life- the right to be let alone” -Samuel Warren. With this paper we carried out arguments to examine the ethical view point or “a taboo” ideology in case of IPC section 377, which talked of carnal intercourse against the order of nature by inspecting it with various section of society. The paper’s prime focus is to review the rationale behind the severity of punishment and criminalization of identical sex private affairs as an important privacy issue for the country along with the concern for human rights. We have also tried to identified the sources of such legislative act that finds it origin in Christian religious law and reason for its existence in the present world. A special focus is also kept towards of the rights of LGBT (Lesbian Gay Bisexual Transgender) community and an analysis and survey of their rights is looked upon to examine it with right to privacy judgment and that of “reading down” concept in the case law of Naz Foundation and further subsequent case laws ad recent development that has been dealt separately. Further, to conclude, we had also tried to convey and put forwards the solutions for the elimination of such discrimination against the LGBT community, and at the same time, backed up the importance of religious sentiments and pure order of nature. To provide the readers with the understanding of reasonableness of section 377 of IPC is the key highlight of the paper.

Abstract. This paper deals primarily with hacking for which there is need to understand the concepts of cyber space and cybercrimes which will give an understanding as to why hacking fits into these concepts. Cybercrimes, being a wider term can never be given a precise definition but hacking can be defined as the essentials of the crime remain the same at any point of time. Looking into history of hacking gives a clarity regarding where and how it started and it was not really a crime when it started. A wide discussion as to how hacking satisfies the essentials of a crime is made in this paper and also briefly explains ethical hacking. This paper deals in detail with jurisdiction issues which not only hacking but all the cybercrimes face. A key question as to why hacking need special attention at this point of time. The paper also discusses few real life incidents wherein the impact created by the hacking can be clearly understood. The paper also discusses the technical and societal issues faced with respect to the offence of hacking. The paper gives statistical data as to the rise of hacking incidents every year in India and proves the point that there is a much needed urge to look into laws regulating hacking in India and suggesting few initiatives to be taken to eradicate this evil. Hacking strikes at the basic foundation of national security as well as the fundamental right of privacy which every citizen has right to enjoy. So the paper discusses on the fundamental rights and how hacking affects those rights.Keywords: Cyber Space, Cybercrime, Hacking, Hackers, Cyber Security

Abstract. This paper makes an attempt to study, in detail, the Hague Convention on the Civil Aspects of International Child Abduction, 1980. The Convention provides for a summary procedure wherein the requested State is directed to return the child who was wrongfully removed or retained.The Convention has a number of flaws for it fails to define some basic and technical terms such as grave risk and habitual residence. Due to the lack of a concrete definition, these terms have been given different meanings by local courts in various jurisdiction, thereby compromising on uniformity. Further, it ignores the fact that people are governed by different personal laws and the Convention holds its rules superior to any personal law, thereby infringing rights of the people. A peculiar set of problems are created for States that do not ratify the Convention. It is difficult to order the return of a child from such a State and they are under no legal obligation to comply with the orders of a foreign court. The Convention is not concerned with custodial rights, but merely with the return of the child.India did not sign the Convention ,for it goes against the very nature of the Indian judicial system and its parens-patriae jurisdiction. It would be of no aid for vulnerable Indian mothers, who run away with their child to escape abuse and violence. Also, acceding to the Convention would require numerous amendments in our existing legislations.India prepared a draft Bill in 2016, namely The Civil Aspects of International Child Abduction Bill, 2016. This Bill is in conformity with the principles of justice followed by Indian courts. Further, it is heavily reliant on the High Courts for active and precise decision making. The Bill provides safeguards for a number of issues encountered in the Convention.

Abstract. This research paper is centered on the topic of commercialization of motherhood which in common language is known as Surrogacy and the laws relating to it in India and in other countries. Initially the paper introduces the topic briefly and explains the meaning with the help of various definitions. Further it discusses about the various types of surrogacies and includes a brief introduction about the three. The paper discusses about the ART Bill that defines surrogacy per se and then focuses upon how a surrogate mother is compensated. It mentions about the countries where this process is legal and where it is illegal. It talks about the various countries’ laws and regulations about the process of surrogacy. The paper then mentions the laws about surrogacy in India and how has it changed overtime and also how India had become one of the major destinations for surrogacy which appears to be a viable option. It also mentions about the challenges that the surrogates face in the society about their character and the work that they intend to do and in the end provides with some suggestions and opinion about the same.

Abstract. Indian culture as of late has been seeing some powerful changes. One such good change has been single parent adoption. Instances of individuals getting to be single guardians through adoption are on a relentless ascent. A sizeable number of individuals, both single women and men, are selecting to wear the job of a parent by going in for adoptions. Adoption offices, which prior demonstrated a staunch predisposition against unmarried people, are currently progressively arranged to think about them as imminent guardians. Research demonstrates that adopted children raised by single guardians will in general passage similarly well when contrasted with adopted children raised by a couple. This paper highlights the plight of a single woman who wants to adopt a child in India- the advantages, disadvantages and obstacles faced on the way to adoption.The paper further delves into the laws of adoption in India with special reference to the Juvenile Justice Act clarifies adoption as a procedure that for all time isolates an adopted child from the natural guardians and changes over him into the authentic offspring of his adoptive family with every one of the benefits, rights and obligations which the job of guardians involves. This demonstration engages single or separated from individuals to receive a child. Finally, the paper puts forth procedural aspects, statistics and an international adoption overview.