Volume II, Issue I / 2020

Abstract. India is one of the most populated countries in the world, facing the massive problem of unemployment. The problem of unemployment is a serious one and it leads to a number of consequences including personal disorganization, family disorganization, social disorganization and irreparable financial losses. Majority of the poor in India continue to live in rural areas and depend on wage labour for their survival. Realization of human personality is only possible when there is a scope of substantial access to employment.However, in a welfare state like ours appropriate legislations and the judiciary can do a lot to secure the “right to employment”, one of the basic human rights. India is a signatory to all the employment-related human rights documents, which it is obliged to satisfy.Right to employment has been crystallized as basic human rights in the Universal Declaration of Human Rights (UDHR), 1948. Socialist systems recognize the right to work as an obligation; the State may extract the work that is socially and economically useful. The National Rural Employment Guarantee Act, 2005 aims at enhancing livelihood security of households in rural areas of the country and guarantees wage employment at an unprecedented scale.In this backdrop this chapter attempts to discuss the concept of right to employment from constitutional perspective and its development and statutory recognition in India. Indian Judiciary has played an important role in recognizing right to employment within the content of “right to life” guaranteed as fundamental right under Article 21 of the Constitution. Considering the role of the Indian Judiciary to this end an attempt has also been made to examine the Jurisprudential and Constitutional validity of the right to employment within the existing legal system in India.

Abstract. "Gender neutrality" is a term that emphasizes on equal treatment of men, women and people of any other gender legally with no discrimination. India being a country with a huge population is also subjected to a huge number of crimes, as well as, mistreatment amongst each other. The Constitution being the law of the land ensures that equality is prevailed among the Indian citizens without any discriminations.To prevail gender neutrality among the people in India, Article 14, Article 15 and Article 16 of the Constitution were given its due credit and secures its place as the fundamental rights of the citizens of the country.It is not unknown to us that women are subjected to several crimes, may that be rape, domestic violence, or even discrimination on the basis of gender. In India, we have plenty of laws protecting women physically (for example, the rape laws under CrPC) but again, there are lack of laws in protecting the rights of women being paid equally for equal work. But gender neutrality is not really prevailed when there are enough laws to protect women physically, while, men and the transgender people has very few laws with minimal penalties when the abuse is of same stature. For instance, the rape laws under CrPC can be only referred to when the victim is a women and the abuser is a man, but there are several instances of men and transgender people being physically abused or even raped but the only Section covering these issues is Section 377 of the IPC. Under The Transgender Persons (Protection of Rights) Act, 2019, the penalties for raping or sexually abusing any transgender person is six month to two years of imprisonment along with a fine of ten thousand rupees whereas the punishments for raping a women is much more severe comparatively. It would be more appropriate to adopt a human-rights approach instead of a gender specific approach in defining the offence of recording. Thus, it is very important to have gender neutral rights to preserve the essence of equality of the Indian Constitution.

Abstract. India is a land of customs and traditions and one of defining feature which makes India stand out among the other league nations is its tradition of family. In India, the concept of a family plays an important role as major laws and regulations are formulated keeping in mind the concept of family in our country. Every individual of the country should have a right of a family which includes parents, children, life partner. When we talk about citizens of a country, it should include every person and not be discriminative on the basis of religion, gender, etc. In the year 2018, India witnessed a historic judgement as the Supreme Court held section 377 of the Indian Penal Code to be unconstitutional and allowed the relations of same sex couples, also known as the homosexuals. On side when we acknowledge the existence of such homosexual couples, a big question lies in front of the society and the law makers that are we ready to give them all the rights that they need? In this paper, a detailed study of the homosexual’s right to a proper family is done, which includes; right to marry the person of their own choice, right to a child, right to adoption, many more personal family rights. Every person deserves the happiness of a family, and by the fact of being different should not dissolve a person from such rights. This paper also highlights the positions of homosexual’s right to a family in different countries and also provides with suggestions to improve the condition of their rights in India.Keywords: Homosexuals, Marriage, Family, Section 377, consent, choice.Methodology: This paper is primarily based on secondary research, from online database resources, and personal experiences of few people from the society.

Abstract. Social movements, starkingly in the third worls, represent a dichotomous view of the law, either as a force to raise the voice of the weaker section or as a monopolistic tool in hands of few powerful, for instance, the administrators, legislators, against the common masses. At the same time the same law allows resistance to breathe, especially in a globalized world laws prolifers different levels and thus the counter hegemonic resistance does not boundary itself to national elites, but also covers global MNCs within its ambit, especially in cases of developments involving huge funds. These social movements also draw their strength from rising sensitization of international norms in areas of human rights, environment, indegenous people’s rights. But, irrespective of the existence of these factors, the outcome of the social movement gets affected by a myraid of influences and the role played by various stakeholders. This research is a modest attempt to understand the interplay of these factors in the particular instance of Narmada Bachao Andolan .It does not and cannot conclusively establish the path followed by social movement but just highlights an instance of the nuances involved in making counter hegemonic globalization a reality.

Abstract. This article encompasses the common-law system of pleadings which contemplated successive pleadings in modification by each party until an issue was reached; which was assumed affirmative by one party and negative by another party. This process was to be in accordance, no matter what time was thus consumed. Under the code system of pleading, however, the objective is not so much to attain a narrow issue, but to have each party's view of the facts on record as succinctly and as quickly as possible. This distinction in resolution led to a striking contrast in attitude with regard to the reply to the answer under the two systems. At common law, the duplication was an essential part of the social stratum of pleadings whenever the plea consisted of matter avoidance and confession, i.e., new matter. It was, however, one of a sequence of pleadings and is developed in turn by the rejoinder, the surrejoinder, the rebutter, the surrebutter and further pleadings, as necessary. On the other hand, the scheme of the code was to delete the pleadings quite sharply at the reply or before. The plaintiff might reply to a new matter, as per the original code; but under several modern codes the reply either is unavailable or is available only in a restricted class of cases. The result is that the issue is more quickly interpreted under the codes, but is broader and a more general one in all probability.Keywords: Rejoinder, Surrejoinder, Code of Civil Procedure

Abstract. This paper is going to explore the current application of Caveat Emptor in various contractual obligations in the present scenario through judgements.The term Caveat Emptor is a part of a longer statement: Caveat emptor, quiaignorare non debuit quod jus alienum emit which means let a purchaser beware, for he ought not to be ignorant of the nature of the property which he is buying from another party.[1]It means a buyer is bound by actual as well as constructive knowledge of any fault in the thing purchased, which is evident, or which might have been known by proper diligence. However, the increase in the density of modern commerce has placed the buyer at a disadvantage with the rule of Caveat Emptor. There has been a decline in the concept of Caveat Emptor as the trend is moving from consumer oriented to consumer sovereignty. The first traceable decision in common law, which gave significance to the trust placed by the buyer on the seller's skill and judgment and which marked as a blow to Caveat Emptor was Priest v. Last (1819)[2]. In the case the buyer purchased a hot water bottle from the seller, a retail chemist. The supplied bottle burst after a few days use and injured the buyer's wife. The court held that seller was liable for the breach of implied condition because buyer had made known to the Chemist the purpose for which he was in need of the bottle. However this was just the beginning of what could be termed as the thinning process of the rule of Caveat Emptor. This paper is going to explore the current application of Caveat Emptor in various contractual obligations in the present scenario.[1]What Does 'Caveat Emptor' Mean? - FindLaw, Findlaw (2020),https://consumer.findlaw.com/consumer-transactions/what-does-caveat-emptor-mean-.html.[2]Sowmya Christina & Prakash Munishamappa, CAVEAT EMPTOR TO CAVEAT VENDITOR IN THE PROCESS, 5 International Research Journal of Management Sociology & Humanity 428-434 (2014).

Abstract. The meaning of ‘equal’ is to treat others with the same respect and dignity. If a person wanted to treat equally first, he/she should treat others with the same mindset. Then the others too will treat them in the same manner. But this principle is lacked in case of women. Though, it has been taught by the elderly people ‘to give respect and take respect’. All people are learnt to give respect but mostly it was implied on the women. Women are taught to be selfless, dedicative and sacrificing nature as always and to compromise first, whenever needed. It made them to feel as fragile and made others to treat them as unimportant. Many failed to understand that because of women a good family is managed, working women help the men to lead a financially healthy life, educated women makes the upbringing of the children and women are the only person who can bear the ‘pain’ for 10 months and give life to a new human being. Though all these things are noticed, they failed to get ‘recognition’ and ‘appreciation’ as well.This article discusses about the various roles played by the women, during this pandemic in all fields particularly in health maintenance, economic fluctuations and work pressures. It also talks about the position of women before and during the pandemic times of both men and women. The role contributed by men is equally considered with that of men during this tough situation. The word ‘equal’ has got a new meaning in this period due to the pandemic. The role reversal and importance of sharing is discussed in this article.

Abstract. Geographical Indications or simply GIs has emerged as an important instrument of Intellectual Property Rights (IPR) protection in India. GI literally means an ‘indication that particular good/s originate from a country having special features, qualities or reputation which can be attributed only to the place from which it originated.’ Geographical Indication protects the goodwill and reputation of a product thereby creating opportunities for growth. The Mizo puan is the most important handloom product for many centuries; it is worn in all their important festive occasions and celebrations even today, and is most sought after for their ethnic variation and use of colour, and motif in their weaving. The grant of geographical indication to such indigenous product not only protects the community from any external exploitation but the reputation that a product gains through a geographical indication creates opportunities for its growth. The primary objective of this paper is to highlight the importance of the benefit of Geographical Indication protection granted to five of Mizos famous and celebrated cloth (or puan).

Abstract. Law enforced and execution of policies, all are implemented to follow specified set of rules and regulation which has been embedded for the general public, includes various type of departments governed under States and Tiers of government. Public servants which are assigned duty for the protection of the general public enjoy all level of statutory as well as administrative powers which are vested in their hands but as per the guideline if this possession over power and authority crosses the limit which was specified by the state then it will be termed as misuse or misapplication of policies. This power crosses the given and prescribed limit then it becomes the barrier towards the treatment within the society, several judgments were inscribed by the Apex Court which restricts the misuse of power which was specified between the society and working of government as enforced criminal offense. The main motive is to highlight the assurance for the security by police without having any absolute possession over the population and the foremost purpose for disclosure of this subject matter is to investigate the cases without having any type of threat or coercion which ultimately cause misguiding of the formal examination of the case. Basic principles that should mandatorily be followed by the public servant i.e. police are – free & equal treatment towards everyone without cruelty and inhuman behaviour moreover all the objective will be elaborated under the misconduct of enhancement. Proper safeguard of the rights is essential to prevent the economy from collapse and malfunction of the communities, if the power will not be confined then it will be having an immense impact over the territory.Keywords – Law enforcement, Public servants, and Malfunction.

Abstract. The article deals with the recent decision of the Supreme Court on the removal of restrictions on virtual currencies imposed by the RBI. The article will further look at what is the international consensus on virtual currencies and the need for regulation of the same.

Abstract. The present piece of work deals with the Principle of fair hearing in Administrative Law. Public authorities should justify the action, assailed on the touchstone of justness, fairness, reasonableness and as a prudent owner. The landmark case of Re Haughey laid down strict natural justice requirements where fundamental rights, including the constitutional right to good name, are affected. Any action taken in contravention of natural justice is violative of fundamental right guaranteed by Art. 21 of the Constitution. The aim of principles of natural justice is the prevention of miscarriage of justice. One of the principles of natural justice is to hear the other side or the party. Therefore, a mandate on the adjudicator to adhere to the principles of natural justice emanates from a requirement of the substantive right of the parties to the proceeding, to be dealt with fairly and impartially. Hearing the other party takes care of fairness of the procedure adopted by the adjudicatory authority. What constitutes a fair hearing, how notice is relevant and why the notice should not be vague are the principle issues which are addressed in the work. The effect of failure to comply with the principle has also been discussed. The right of legal representation and the situations, if any, where violation of the principle won’t affect the proceedings, have also touched upon.

Abstract. The detention of refugees and asylum-seekers all through the world stayed a most difficult issue, as of now influencing a huge number of individuals. This article looks at national ideas, powers and practices of detention and stands out these from singular rights of refugees and asylum-seekers under universal law. The detention of refugees and asylum-seekers requests separate treatment, however can never be isolated from the setting of the entirety. Answers for refugee issues rely upon global solidarity and weight sharing, together with equal advancements in those establishments skilled to look at underlying drivers and measures to turn away new streams. Detention be that as it may, includes for the worldwide humanitarian law, a fundamental human rights issue and an essential assurance issue. Circumstances of mass deluge and politically delicate individual cases conveniently compare sovereign personal responsibility and worldwide lawful standards identifying with refugees and key human rights. Standards of control in circumstances of emergency may appear to be unrealistic reasoning, in any case, they are equipped for commonsense application. Remarkable estimates terrible enough in themselves appear to lead, in any case and unavoidably, to more regrettable. Extended detention powers lead to torment and abuse; search powers are utilized to abundance; limitations on open political movement, reasonable now and again, lead to outrageous power in the dispersal of famous demonstrations; oversight far surpasses what may sensibly be required based on irrefutable danger. Also, arbitrary powers make room to unreasoning separation on grounds of race, religion and nationality. In that ambit, the present article aims to portray various intricacies that International Humanitarian Law pulls through in the garb of refugees and asylum seekers.

Abstract. Judiciary in India has a glorified past since a very long time. The judiciary has always preserved the faith of people in itself by delivering landmark judgements as and when required in the public interest. But it is also not a hidden fact that the backlog of cases has grown and ultimately led to the over burdening of the cases pending before the courts. This constant increase in the number of cases has been a cause of concern for the judiciary and therefore, various steps are being taking to cope up with this situation. The outbreak of this pandemic COVID-19 has shaken the world and almost every nation has tried to prevent the spread of this virus by following social distancing. The Indian government, too, has strictly followed the nationwide lockdown and social distancing. The Indian judiciary also has given priority to maintain social distancing and therefore, it has suggested to work through digital mode. Many cases in India has been heard online amidst this pandemic through video conferencing and e-filling of cases. This transformation of working of courts from physical court rooms to virtual courts has helped in reducing the time and more access to justice easily. The digitization of courts in India is not a new idea, it has been suggested earlier too. But the proper implementation of it was not possible due to lack of knowledge of technology and other facilities. One of the main hurdles among these is that not every person in India are having the internet facilities and knowledge of the technologies.This paper is an attempt to highlight the meaning and concept of digitalization of courts in India. Further, it will also discuss the benefits and hurdles in the way of making the courts virtual.

Abstract. The agro biotechnology industry of India is continuously expanding. The Indian agro biotechnology did not had a head start but still the industry is blooming at a slow pace. This article talks about the impact of IPR in agro biotechnological industry. It describes about principal types of IPR which are in relation to agricultural research: copyright, patents, trade secrets, confidential information, trademarks, and plant variety rights. Commitment and roles of developing countries under TRIPS is also reviewed. The positive and negative effect of IPR on crop bio security and farmers’ is highlighted. Though India is yet to produce an exceptional biotechnology product, it has excessive science support and has the potential to generate a lot of revenue. In the last two decades, the academic front and industrial sector of the Indian biotech industry has noticed a number of scattered and fitful initiatives.

Abstract. Every developed legal system possesses a judicial organ. The main function of the judicial organ is to adjudicate the rights and obligations of the citizens. In the beginning, in this adjudication, the courts are guided by customs and their own sense of justice. As society progresses, legislation becomes the main source of law and the judges decide cases according to it. Even at this stage, the judges perform some creative function. In the cases of the first impression, in the matters of interpretation, or in filling up any lacuna in the law made by legislation the judges, to some extent, depend on their sense of right and wrong and in doing so, they adopt the law to the changed conditions . The Doctrine of judicial precedent is concerned with the importance of case law in our system. Really it is the lawyer’s term for legal experience. The American jurist and Supreme Court Judge Oliver Wendell Holmes. Jr famously said that the life of the law was not logic but experience. Miles Kington put it another way in Punch,” Judicial precedent manes a trick which has been tried before, successfully. ”Key words: Precedent, Legislation, Judicial, Interpretation, case law

Abstract. The concept of corporate governance includes a set of principles which the company has to adhere to in every conduct of its affairs. The set of principles include transparency, accountability, mandatory disclosures, compliance with prevailing laws, protecting investor interests etc. The objective of corporate governance is to ensure a mechanism to gain confidence of the investors. As on account of corporate frauds, the investors interest are severely affected.The legislative framework of Companies Act, 2013 along with the framework of Clause 49 of the Listing agreement has formulated the concept of investor protection. The recommendations by various committees have ensured enhanced investor protection.However, the efficiency of corporate governance is not seen clearly as the unlisted companies have to follow the Corporate Governance Voluntary Guidelines, 2009 which are not mandatory in its enforcement. In the past, India has witnessed various corporate frauds, which has highlighted the lack of legislative framework and the lack of effective corporate governance. The Satyam scandal portrayed that a company’s inefficient corporate governance framework will be detrimental to interests of the investors. The Rebook Fraud Case brought the issue of the requirement of adequate corporate governance measures in the unlisted companies.Apart from the Clause 49 of the Listing Agreement, the Companies Act and various regulations of the SEBI will depict the importance of disclosures to shareholders. The role of institutional investors in mandating the company to follow corporate governance practices has come to the fore in recent past. The institutional investors can play a significant role in influencing the company to follow good corporate governance practices. The concept of shareholder activism is also a significant issue in terms of corporate governance practices. Shareholder Activism entails that the shareholders shall take a proactive role in formulating a dialogue with the management of the company on a regular basis. The reforms in India which highlighted the aspect of shareholder activism have also been discussed. Corporate Governance in India is based on the maintenance of transparency in the company and the same leads to the protection of investors. The researcher would also bring out the need of shareholder activism in India in terms of corporate governance.The essence of the research shall be examining the adequacy of the legal and regulatory framework in India with regard to corporate governance in protecting the interest of the investors.

Abstract. Climate is an integral part of our day to day lives nowadays. This climate change has many outcomes on human lives especially health in varied ways. The paper here would deliberately focus into the health issues that the future generations would face including the unborn children. There has been many international law framed for the protection and preservation of the human rights, but the humans who are unborn also have rights which are being violated because of the rapid and diverse changes we are having in the climate gradually. These changes are mostly seen effecting the pregnant ladies in the rural areas where the socio-economic factors also play a greater role. The drastic climate changes not only bring down the resources for the future generations but it also causes many epidemics and health issues for the ones who are not even born. However, not a lot is known about the effects that might already be felt in the health of the new generations. A recent study on extreme climate events in Colombia revealed that the health of pregnant women and of their new-born babies are affected by these phenomena. A month long heat wave for example can increase the possibility of premature births with the consequences that this can have on the future development of babies. The climatic factors not only hamper the environmental well-being of the human kinds, but it also causes a mental imbalance which harm the most who are expecting and hence these have an adverse effect on the ones in their womb. Therefore this paper will further replicate this issue on a broader scale with detailed comprehensions.

Abstract. However coarse it may be development of technology is interrelated with the development of mankind in real life like the invention of mode of transport through land and water. From stone to arrow development of mankind is the development of technology.Till recently all the technological development has not adversely affected the environment and the bio diversity of the world. Technological development only helped to upkeep the biodiversity.“Technology can be most broadly defined as the entities, both material and immaterial, created by the application of mental and physical effort in order to achieve some value. In this usage, technology refers to tools and machines that may be used to solve real-world problems.”In the above definition of technology, it is for the solution for world problems that existed to overcome. But in real life technological advancement poses a great threat to the very existence of the mother the earth. The dilemma of technology to protect environment and destruction of environment is worth to study.Modern technological development is on geometric ratio. Its nonstop race harms the environment in multiple ways. The great concern is the waste created by the development, especially in electronic and communication field. We must remember that we are living in this mother the earth as guests. We must one day leave this world leaving behind it for our successors. Can we leave the world as it existed when we took the same?We cannot ignore the fact that the mother earth has its own characteristics and it should be preserved or else the earth will perish. No doubt that nothing in this universe will remain as such for long. But we fear that the destruction of earth in the name of development will destroy the world soon. Forest, river, arctic region, sea and mountain all are to be there for the very existence of the earth. Carbon emission the demon of the technological development poses a huge threat to the biodiversity of the earth.Whatever may be the reason climate change is of great concern of the day. It may be due to the change of course of earth. Technological development helped us to monitor the change in climate.Earth has to be preserved as it is now. Electronic waste and other non degradable waste produced by chemical factories pose great threat to the environment. Technology has to be developed to resolve the problem of non sustainable products. Decay is the order of the earth. It should be preserved or else we all will perish. Let the technologic strive hard to resolve this problem.

Abstract. Protecting the rights and interests of the individual is the primary purpose of the law. Now people are suffering from various types of problems in the modern world. People become the victim of the various types of diseases, disasters, and others. But every part of the world people become the Now it commonly refers to individuals who suffer injuries, losses, or hardships for any reason. People may be victims through an accident they meet, natural calamity, dangerous diseases, or social problems that exist in a society which includes warfare, discrimination faced by them, political witch hunts, and other injustices they feel.There is an urgent need to take a fresh look and recognize the rights of the victims of crime in the criminal justice system. There are a number of shortcomings in the present criminal justice delivery system in protecting the rights of the victims of crime. The victim is just taken as merely an 'informer' and on the other side; the accused person takes precedence over the rights of the victim.The law, today fails to address the needs of the victims to be treated with dignity, to be protected from intimidation inside or outside the courtroom especially victims of sexual offenses in the courts during their cross-examination.A victim of crime in the country has hardly guaranteed any right except maybe of getting some assistance by way of payment of compensation, though there are statutory provisions these provisions suffer from inherent limitations and are invoked grudgingly, sparingly, and often inconsistently by the courts.It is necessary that due compensation is paid to the victim of crime to assure him that society cares and feels for him. "A victim of crime are those peoples who need justice and the society is bound to provide them justice and not just formalities", Victims of crime, at present felt as a left-out person, ignored by everyone, and are shouting for attention and justice. This paper suggests changes that could be brought in the Criminal Justice system to ensure victim’s rights and to bring in the concept of victimology. Enacting laws for victim's welfare and ensuring them conducive environment are some of the suggestions of the study.

Abstract. Legal literacy assumes the predominant right along with other basic human rights of an individual with the passage of time. A man to complete his education, legal knowledge is core to his qualification. Legal literacy aims at educate people about his rights and entitlements, to voice against exploitations and violations and live a dignified life. Significance of legal literacy can be traced since childhood to the old age; people of all age are needed to learn about required legal knowledge. In view of the growing importance on legal literacy, government and judiciary have taken a good number of initiatives to impart legal awareness among people. The Legal Service Authority Act, 1987 performed profoundly by enacting numerous larger public interest-oriented provisions in it. NALSA under banner of the Legal Service Authority Act is proved to be a very efficient machinery in extending public awareness. Undoubtedly, legal literacy has covered a great journey, but it has more miles to go to achieve the expected outcomes. It does mean that a lot more effort to be added in the prevailing techniques of awareness with more simplicity and at the same time more expertise. Social thought making process should be built with new bricks and stones because united we stands, divide we fall. Once the society stands together against all evils, one can dare to commit crime against anyone. And for this to come true, efforts must come from both side of the coin; that is to say interest must come from those who will taught and learners i.e., who will be taught about law.

Abstract. In words of American political activist, Gloria Steinem – “A gender- equal society would be one where the word ‘gender’ does not exist where everyone can be themselves.” The binary understanding of the word ‘gender’ is deeply rooted in the mindset of the society but indeed the essence of the term lies in the fact that it comprises of male, female and transgender. Gender neutral laws seek to grant equal sanction and opportunity to all the genders without negative discrimination. Since the medieval period in Indian history, vulnerable women were tyrannized and exploited and thus special protection by laws were given to them. Due to the pious efforts of law makers, now women are at par with men in education, employment and status but now in the era of post globalization, the concept of feminism has been completely misinterpreted. The author does not deny the bitter reality that women are still the target of violence and cruelty but on the other side, almost the whole transgender population and certain men are also subject to brutishness. The rights of these other communities have to be also recognised with the progressive evolution in socio legal framework. This paper focuses on various gender specific criminal laws in India especially comprising of sexual offences and cruelty as well as the imbalances drawn between these gender centric legislations and the elements guaranteed by our Constitution in the form of justice, liberty, equality and dignity. Modification of gender biased criminal laws is essential as strengthening the status of women does not mean ignoring the victims from other communities. This paper also enumerates that certain issues relating to sexual orientation, marginalization based on gender and gender identity are in need to be addressed and resolved before stepping into the gender-neutral laws shell.The method of research followed is doctrinal research based on primary as well as secondary sources. The analysis of various legislations and judicial verdicts, along with books and research articles has been done to add credibility to the assertions made in the paper.

Abstract. Prison is one of the utmost important subject of research as it is an important part of our social system. On the first note it is clear that prison is aisolated social system and can be evaluated much easier in the perspective of social system than any other thing. Our society is too big and complex to study if we want to. On the other note, the correctional institution is a form of total institution which have two subsystems: the staffs and inmates. At last, this type of institution are comparatively separated and are different from other organizations in the matter of control mechanisms but they also has an interaction with outside. The Word ‘prison' in Prisons Act doesn’t includes subsidiary jails and the police custody. The concepts of International human rights law was also developed from the word prison itself. Prison is only a place for convicts as per their norms. The lack of management in these place are a matter of serious concern with its exponential growth. This article tries to throw some light upon such complexions which are today’s toxic problems which Indian prison administration is facing.

Abstract. The research paper throws light on issue pertaining to Domestic Violence and deals with the various laws which protect women from Domestic Violence. Whether Marital Rape should be considered as Domestic Violence is discussed later on, in this research paper. Statistics related to domestic violence growth in The research paper throws light on issue pertaining to Domestic Violence and deals with the various laws which protect women from Domestic Violence. Whether Marital Rape should be considered as Domestic Violence is discussed later on, in this research paper. Statistics related to domestic violence growth in whole world due to lockdown is also mention further.Women from generations are fighting for their rights and for equal treatment. However they are never treated equally and are often exploited by men and women both. Home was considered as safest place, but it is not anymore. Women are trapped in their houses and suffer from sexual, physical violence. Not only women but children are also suffering from child abuse.

Abstract. Due to a number of existing barriers, people with disabilities have less opportunities to access quality education. To this day, youngsters with inabilities remain the most rejected, often being separated due to their handicaps, as well as due to ignorance about disabilities among the able-bodied people. Kids with disabilities are more averse to begin school, and even if they do, very few of them move towards higher education.Denying youngsters with disabilities their right to education permanently affects learning and accomplishment. The National Policy on Education advocates coordinated instruction by schools for the mildly disabled children, and specialized curriculum for those who are seriously incapacitated. However, even though there is deficiency of laws and plans in the nation to advance the education of youngsters with special needs, they are not fulfilling their targeted objectives.The Integrated Education of Disabled Children, a scheme propelled by the Central Government, can be extremely useful in this case if applied correctly. It calls for the idea of inclusive education, which contends that all children, regardless of the nature and level of the incapacity, ought to be instructed in ordinary schools with ordinary kids. This paper means to evaluate the barriers against education for the disabled, and how to beat them by inclusive education and other such strategies.Keywords: Disability, Education, Inclusive education, Disabled children, Integrated Education of Disabled Children.

Abstract. The court decision to support GM cotton patent will uplift the cotton industry. It will also give boost to researcher of cotton industry. The Supreme Court overruled the lower court order in favor of Monsanto of a long legal battle. The high court of Delhi quashed the patent of Monsanto but Supreme Court reestablished the patent rights of Monsanto and says that it is not that easy to quash patent. It is not just about revoking patent as it would amount to scuffle of returning amount of price paid by Indian companies to Monsanto. According to me this decision would help the agro tech companies to more innovate and make patents that are for the benefit of complete sector. If this patent would have been quashed then it would have demotivated other foreign companies from innovating in India. Supreme Court broke the precedent of former decision which restricted the foreign companies from filing patent. But it should also be taken into account that companies should charge price in accordance with price set by government.

Abstract. Natural Rights are accounted as the mother root of all inalienable legal rights applied and enforced by all the persons around the world. However the society in which we live today fails to recognize, in realistic levels, the applicability of such Rights, accompanied with the inevitable liabilities, to the Natural entities that co-exist with us. This paper preliminarily covers the origin of the idea of providing legal rights to Natural entities from which it moves towards analyzing the historical traces and the present status of the ideology and the various trends observed behind the adoption of the concept on a global scale accompanied with the reasons and methodology behind such adoption . The paper further substantiates the legal principles that accompanies the enforcement of such rights. Finally, the paper concludes by highlighting the existing limitations of the idea and the future contingencies where the idea of providing legal rights to Natural entities would eventually affect the fundamental legal principles which provides the foundation for the Harmonious co-existence of Natural entities and other persons in the society.

Abstract. The adoption of MLC in 2006 was the merchandise of 5 year’s work administrated as a tripartite process involving governments, seafarers’ trade unions and shipowners’ organisations. The International Shipping Federation (ISF) was accountable for negotiating the text of the Convention on behalf of maritime employers. ISF liaised closely with and its sister organisation, the International Chamber of Shipping (ICS) and national shipowners’ associations. The Convention has received wide support from governments, with the European Union also encouraging member states to ratify. There has been a gentle flow of ratifications with 90 States having ratified by the tip of 2019.MLC may be termed as a consolidation of existing legislations, including not less than 36 Conventions, a number of them dating back to 1920, with the aim of setting global standards for a world industry. The International Chamber of Shipping observed:“The overwhelming majority of companies mustn't have any difficulty complying with the substance of the Convention, since this can be largely derived from existing ILO maritime standards and accepted good employment practice. However, the enforcement mechanism is new, and it'll be important to avoid teething problems as a number of the more detailed requirements are applied and interpreted.”MLC has been described to be the "fourth pillar" of the international regulatory regime for quality shipping, complementing the key Conventions of the International Maritime Organization (IMO). However, it's structured in an exceedingly efficient way which is kind of different from the IMO Liability Conventions. This Article aims at decoding the Maritime Labour Convention in detail, understanding the rights provided under the convention and the lacuna in the same.Keywords: Flag State, Maritime Labour Convention, Seafarer, Shipowner.

Abstract. Cross-border commercial transactions are nothing new. Residents of one country trade not only in their own jurisdiction, but are increasingly trading with residents of other nations as well. This means that income being earned in one country is being received in another country. One significant impact of this kind of transaction can be seen on the way taxes are imposed because it leads to a possibility of double taxation. Double taxation creates a burden on the taxpayer and hinders trade. Thus, it becomes increasingly important for traders to analyse the tax regime of various jurisdictions to determine whether or not they would trade with a particular country.

Abstract. The Constitution of India guarantees the right of a fair trial to the accused which includes a fair chance to defend. It is the duty of the state to ensure a fair investigation and fair trial to the accused. Our criminal system is besieged with various problems, of them, one of the various forms of prosecutorial and police misconduct includes improper and timely disclosure of the information to the accused and withholding exculpatory evidence. Whether anything should be supplied to the accused beyond the material which the prosecution relies upon has been a subject of debate. The accused is not only entitled to the material which the prosecutor relies upon to prove his guilt but also to the material which could even undermine the prosecution’s case. Unfortunately, in India, there is no statutory framework obligating the prosecutor for the performance of such duty but the prosecution represents the state, and the state must uphold justice and prevent wrongful prosecution. This article is intended to highlight the prevalent process of fair disclosure in our country, the progress made lately and the way forward

Abstract. In September 2016, Parliament of United Republic of Tanzania passed an Access to Information Act, 2016 (ATI Act) into law to give effect to the constitutional right of access to information. With the coming into force of the ATI Act, every citizen now has a legal right of access to information, records and documents held by government bodies and private bodies carrying out public functions. However, access to information, like most other rights, is not an absolute right and it can be restricted in variety of instances such as for the purposes of protection of public interest. This paper therefore set out to examine level of public awareness and the perceptions regarding right of access to information in Tanzania. The study employed the quantitative survey design. The survey sought information on public knowledge or awareness of the ATI Act and knowledge or perception citizens have regarding the term public interest as a ground of limiting access to information. Findings revealed that there is a low level of awareness within the populace about the ATI Act and benefits it can bring and how they can take advantage of it. The study also revealed that citizens particularly information holders are not much aware about the meaning of the term public interest as a ground of limiting access to information in Tanzania. The study, therefore, recommends that public awareness and enlightenment about the ATI Act and its limitation by way of public interest should be increased in order to make the ATI Act more effective in Tanzania.Keywords: ATI Act; Limitation to Access; Public Awareness; Public Interest..

Abstract. The Insolvency and Bankruptcy Code, 2016 recognizes the complexity of insolvency proceedings and thus, ensures that the rights of corporate debtors are protected by providing a period of moratorium. The period of moratorium prohibits the institution or continuation of any suits or proceedings which keeps the assets of the debtor together during the insolvency period. At the same time, it ensures the rights of certain entities like licensee and other similar grantee are secured.The purpose of the period of moratorium is to prevent the complexity of multiple proceedings and keep the insolvency procedure as simple as possible. The moratorium period starts at the when the insolvency resolution process begins and ends at the conclusion of such proceeding. This not only to protect the assets of a corporate debtor, but at the same time prohibit them to dispose off the assets is an unauthorized manner.The period of moratorium is to prohibit the institution or continuation of proceedings against the corporate debtor. However, this is only limited to the proceedings which are of the nature of recovery of debt. This ensures that certain suits or proceedings like writ proceedings in High Courts and the Supreme Court, criminal proceeding under Section 138 of the Negotiable Instruments Act and proceedings under Section 34 of the Arbitration and Conciliation Act remain intact. Moreover, recent amendments in the statute recognizes the importance of certain services like the supply of essential goods and services and protects such rights.

Abstract. As Adriana P. Bartow aptly said, torture is a sorely painful wound that you can almost see it, but it's so invisible that nothing can fix it. Custodial torture is one of the painful assaults which can inflict by the police for extortion of confessions and evidence; it is not an uncommon ritual in India. It disregards humanity, questions the dignity of the person and exposes him to violence by the person who is supposed to be the protector. It places a stigma on the system of administration where it is believed that rule of law is supreme amongst all fundamental rights.The strong independent judiciary of India continuously strive to keep a check upon such happenings and the statutory provisions provided under the Indian laws. Justice Krishna Iyer was of the view that it is one of the worst types of violence, even worse than terrorism as behind it there is the state power.Custodial torture has been on rise in India from 2002. As per Asian centre of human rights, every day 4 custodial deaths are occurring. It is not a hidden fact that victims rarely report the cases against the police, they fear reprisals.This paper would study about the reasons for lack of legal representation and financial resources leading to prolonged custody of under trial prisoners causing significant amount of mental trauma which is violating human rights of a person.The paper is designed in a manner that it would first start with the Introduction to Custodial Torture following the concepts and precedents in relation to it. The later part of the paper would deal with prolongation of under trial custody and the relevant international conventions. Conclusion and Suggestions form the last part of this paper.Keywords - Custodial torture, Fundamental Rights, Human Rights, Judiciary..

Abstract. Access to justice is an extremely important element of the criminal legal system. As a marginalized section of our society, persons with disabilities (PwDs) face discrimination in almost every facet of their life. Furthermore, they are re-victimized on account of the inadequacies in legal system which impedes their access to justice. The UNCRPD, mandates making provisions for PwDs, to reasonably accommodate them, the failure of which amounts to discrimination. As a signatory to the Convention, India, is bound to make such changes. This paper, therefore, looks at how the Code of Criminal Procedure, 1973 despite having multiple provisions for rights of persons with disabilities, is inadequate in upholding their rights and proposes amendments to the Code as a solution to the same. The body of the paper is divided in three parts and primarily looks at how persons with disabilities are discriminated as a complainant, witness and accused. The paper relies on research papers, legislations such as the Code of Criminal Procedure, Rights of Persons with Disabilities Act, 2016, Indian Evidence Act along with the international convention on the rights of persons with disabilities, the United Nations Convention on the Rights of Persons with Disabilities, 2006, as sources for information.Keywords: Persons with Disabilities, Code of Criminal Procedure, Access to Justice, Reasonable Accommodation, UNCRPD.

Abstract. It has been years since India regained her freedom and we made a promise to ourselves to reinstate India to its former glory and embarked upon a journey to become a developed nation .We resolved to promote among us fraternity assuring the dignity of the individual and unity and integrity of the nation.The fathers of our constitution bestowed upon every citizen of India, equal rights and opportunities, especial provisions were made regarding women ,since they had been a neglected and undermined population of our country .We signed and adopted several International conventions aimed at alleviating the situation of women. Ideals like ‘Democracy’ and ‘rule of law’ were to be our guiding light. To a great extent, we have succeeded in our resolve. However, frequent acts of persecution towards half of our population i.e. women, casts a serious doubt upon the credibility of the claim.. Over the years, cases of sexual harassment of women at workplaces have increased drastically. These harassments are nothing but a violation of the rights of women as enshrined under Articles- 14, 15, 19 (1) (g) and 21 of the Constitution of India.The Supreme Court in Vishakha & Others v. State of Rajasthan & Others gave certain elaborate guidelines to be followed by the employer to ensure the safety of women employees. These guidelines, though promising, were devoid of any legal backing and filled with certain technical loopholes. It was long afterwards in 2013 that “The Sexual Harassment of Women at Workplaces (Prevention, Prohibition and Redressal) Act, 2013 was passed by the Indian Parliament.The following research aims to analyse the prevalence of cases of sexual harassment and the technical flaws and effect of the enactments aimed to curb it. It follows the doctrinal mode of study and uses a variety of qualitative and quantitative data for purpose of analysis..

Abstract. The prisoners experience sexual violence in prisons and they are exposed to it, which drastically drags them into trauma and insecurity. The trauma consequently stays with the victim and he carries it to the society when he releases. The prison violence is not any gender specific issue, although since early times mostly prisoners were men and women have been majorly in prisons in recent decades. The prison violence can include numerous acts with it namely physical sexual violence, abusive acts, rape, verbal violence, inappropriate comments or touch, and many more. The Indian system of punishment positively believes in giving chances to prisoner to recreate his thoughts realize his mistake and feel the guilt, but the violence and sexual abuse in prisons make it inimical. Lately, there has been a widespread perversion of the cause of imprisonment and dignity of prisoners. This is a globally spread issue which must not be shunned over the beliefs and the taboos existing in the society. Prison rape and violence has a long path to be eliminated, so why not initiating steps today to wipe it out? The governments should amend or introduce laws for the protection of the prisoners. Those prisoners who are victims must be provided a counselor. The society should also grab courage and come forward to speak up for the rights of prisoners. Prisoners are also humans and they do deserve to be treated like humans, rather being brutally punished and harassed for their wrong doings.

Abstract. The concept of felony disentrancement rose during the civil war curtailing the rights of the prisoners to vote. The concept is supported by one sect and opposed by the other. The argument in favour of the disenfranchisement is that these prisoners’ are social convicts and granting them any rights and privilege would be adding an advantage to them. Debarring their statutory right would deter the people from committing offences. On the other hand people are opposing the disenfranchisement on the ground that incarceration itself debar the convicts all rights and privileges and voting rights should be equally given irrespective of the person’s social and moral deeds, following the norms of the Universal Adult Suffrage. The right to vote considered as the natural rights of the humans and no one debar them from their right.The article covers the both side of views and also the international conventions and Indian laws which grants or restrict the suffrage.

Abstract. Any illegal trade of persons is known as human trafficking. They are used in various ways of exploitation for the sake of money only. No human rights are taken into concern in these type of crimes. There is a long term effect on the victims of such crime even when they become free from such crimes. In this article, we are going to make an analysis of the conditions of such victims. Mostly skilled and professional criminals are engaged in such type of crimes and these crimes are done by making groups on national and international level. Efforts are made from all over the world to stop these type of crimes. We are going to discuss the laws in India in contrast with the international laws for such type of crimes.

Abstract. Inventions are the essence of human behavior. Each era has its own forms of inventions. The things that human brain creates are in many aspects different and unique from each other. In order to preserve this uniqueness and to prevent it from use by others in their own name certain rights are granted to the creator these are the rights that the owner possesses over his intellectual property and are known as ‘intellectual property rights.’ When these rights get infringed disputes arises which are presented in courts in the form of IPR litigations which are adjudicated by the courts which may be either specialized courts r the courts having jurisdiction over matters related to intellectual property.Keywords - Intellectual property, intellectual property rights, invention, litigating, courts.

Abstract. This article deals with the impact of the social media on the society including the associated legal facets. Social media has become a part and parcel of the lives of the people. Increased use in the present century has its own pros and cons which have been discussed hereby. The article covers various legal issues which have arisen due to the existence of social media. Data security issues, safety on social media platforms and rapid spread of fake news are the burning issues which have received most attention from the public among many issues related to social media. This article also enumerates on the laws, cases and guidelines which have tackled such issues and also aims at creating an understanding on this topic among the unfamiliar.Keywords: Social Media, Fake News, Cyber Crime, Cyber Bullying, Child Pornography.

Abstract. The Constitution of India guarantees equality before law and protection of life and personal liberty[1]. However, these rights have proven to be iniquitous to married women by not being able to protect their dignity in their own homes. Women in India are discriminated on the basis of their marital status. A man having sexual intercourse with a woman without her consent is called a rapist, and is punished accordingly by the Court for his crimes. On the other hand, the Indian Judiciary puts on a blindfold when a man forces his wife to have sexual intercourse with him against her will. Section 375 of the Indian Penal Code only recognizes marital rape in cases where the wife is under the age of eighteen years.[2] The question that arises is that how can a woman’s bodily integrity be discriminated on the basis of her marital status. Indian Constitution ensures equality to all, but refuses to recognize the sexual autonomy of a married woman. A country which claims to be progressing and modernizing is still under the shackles of patriarchy that tries to own women in the name of marriage. The Indian Judiciary has been helping these patriarchs by claiming to support the pillars and sanctity of marriage.

Abstract. In the present scenario, Intellectual Property Rights (“IPR”) awareness forms a strong basis to different technological innovations and knowledge-based economy; there is no doubt that the importance of IPR is going to increase in the future endeavors of innovators. Perfume has been described as vocabulary of music. For the longest time in the history of IPR, the possibility of protecting a scent has been a debatable subject as discussed in various decisions of the European Intellectual Property Office (EUIPO), EU courts as well as foreign courts. Originality is the pillar on which IPR stands strong. IPR has the power to boost innovations, give recognition as well as economic benefits to innovators who are constantly attempting to make our lives easier. This article aims to address the issues of faced in copyright application of fragrance, smell, scent as well as perfume and shall highlight the appropriate scope of protection for perfume copyrights. The article begins with a brief introduction of fragrances and perfumes. Next, it scrutinizes for and against arguments for perfume copyright protection and the appropriate scope of such copyright protection. Third, it analyzes the recent Dutch and French decisions on perfume copyright protection and understands the two different set of approaches over the same dispute of perfume protection under IPR laws. Following the extensive issues and benefits of perfume copyright protection, the article will conclude that courts should recognize copyright protection in perfumes, but should also be careful to restrict such protections only to bottled perfumes so as not to unfairly create trade competition barriers in the perfume industry.

Abstract. Online intermediaries facilitate the transfer of information across the web. The flow of data has resulted in many issues involving privacy concerns such as leakage of personal data, defamation, copyrights infringement, fake news etc. The Information Technology Act, 2000 and the Draft Intermediary Guideline Rules, 2018 provides a regulatory framework for managing the rights and liabilities of Internet intermediaries in India. However, these laws seem inadequate to deal with the concerns that have arisen as a result of the rapid advances in technology and re-shaping of the internet in this global era. This paper gives an analysis on intermediary liability by maintaining a balance between privacy rights and freedom of speech and expression. Further, the paper also deals with the landmark decisions of the Supreme court in deciding the intermediary liability. Further, it also examines the reasons and suggestions for preventing fake news and also deals with social media responsibility with respect to Face Book and WhatsApp. The paper concludes by offering a few suggestions that can be adopted to determine the scope and liability of internet intermediaries.Keywords: Intermediary, Liability, India, Information Technology Act, 2000.

Abstract. Terrorism financing is a global phenomenon that not only threatens the security of the states but also undermines the economic development and economic stability and therefore, it is the need of the hour to curb the funding of such organization. The terrorist organizations are directly or indirectly linked to organized criminal groups that engage in the funding of purchase of arms, bombs, narcotics etc. without which the terrorist groups possible cannot function. The track kept by the CTF(Counter Terrorism Finance) on the flow of money through bank accounts reduce the terrorist’s access to fiat(the government issued) or the centralized flow of funds and this has raised serious concerns about the use of crypto-currencies such as bit coin to finance their activities. This report focuses on two main points-firstly, how the crypto-currencies are used to finance the terrorist organizations and the international laws which regulate such transactions and secondly, the requirement of criminalization of such activities in India. In this report, we will also analyze the new and future properties of crypto-currencies and what impact can it have on terrorist organizations in the future as it still a developing software. In order to answer these questions, extensive literature review shall be conducted along with scholarly activities and we aim to study the similarities and the differences among different terrorist groups with respect to their finance and if there is a potential for crypto-currencies to finance their operations whether the properties of such currency makes it more viable to be misused along with its legal implications in variety of jurisdictions.Keywords- Terrorism, Crypto-currencies, Finance, Organized Crime, Funding.

Abstract. In regards to protecting the consumer’s interests, the principle of laissez faire was followed by the after effects of the industrial revolution and then the provisions of the Indian Penal Code, 1860, Sale of Goods act, 1930, the Dangerous Drugs Act, 1930, Drugs Cosmetics Act, 1940, Prevention of Food Adulteration act, 1954, Standards Institution (Certification of Marks) Act, 1956, Monopolies & trade Restrictive Practices Act, 1969, Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, National Security Act, 1980, reference to Rule 8 of Order 1 of the First Schedule and also Section 482 of the Civil Procedure Code, 1908, writ remedies under Article 32, 226, 227 of the Indian Constitution etc. Consumer protection law enables welfare of the society by promoting the consumer’s participation in the market economy and checking the exploitative tactics of the other party who usually have an upper hand than the former.Keywords- complainant, negligence, deficiency in service, commercial purpose

Abstract. With the recent development of law, Penal law in India has paradigm shift towards some landmark decision which changed the old age old notion. Still, after all these major changes, Indian Penal Code lacks some aspects regarding offenses, which are not grave in nature. Sedition is the recent example of this aspect, it creates offenses which are still continuing from the colonial era, when British use to suppress the dissent. In present days, irrational charges against the protesters and those who raise questions, displays its irreversible effect on modern democracy. Recent development in law, however lacks some area of law, where agencies need to be gender neutral. Adultery law, though has been declared unconstitutional, scraping it does not put a female on equal footing of man as an abettor, it penalizes only men. However, in changing dimension, women is equally empowering in modern age. Still, India still considers it morally and ethically wrong. This concept of law also focuses on the aspect of gender neutrality in sexual offenses, which should equally apply to transgender and male. NCRB data shows that the cruelty against transgender has increased in recent years and the non acceptance by the society makes the application of law weak and which creates hurdle for the implementation of law in sexual offenses also. The article also deals with the important part of the penal law, which need reform i.e. Extra-judicial killing by the police and armed force officers. The surge of cases in 7 years shows the unauthorized power use by the police officers against minor offenses accused also, resulting from irrational rage..

Abstract. As India’s interest in using cash to alleviate poverty has grown, the concept of a universal basic income (UBI) has garnered renewed attention in advanced economies elsewhere in the world”. India has long relied on economic growth policies, supply side policies like subsidies and welfare schemes like pensions and transfer payments in order to address and alleviate hunger and poverty. As Nehru had said, “it is generally recognized now, even by our critics in India or abroad, that we plan well and we lay down the most excellent of principles. The difficulty comes in implementation”, universal basic income is one such scheme that has always been debated and deliberated upon but has also been considered ridden with overwhelming obstacles and impractical methods of implementation. Creating a right to basic income has potential in not only alleviating existing issues that plague the underprivileged and downtrodden sections of Indian society but also in securing a higher standard of living for India’s enormous middle class. Additionally, introducing and enacting a UBI scheme can do more than pay lip service to values enshrined in the Indian Constitution that are reiterated time and again by the judicial wing by undertaking judicial activism. In a country like India, where individuals place value on land and gold, those deprived of the same find it harder to elevate themselves in society and achieve their esteem needs. UBI, as a universal equalizer of sorts to level the playing field and mould society so as to foster economic growth and development in line with social justice has been discussed in this paper.

Abstract. “If you put a key under the mat for the cops, a burglar can find it, too. Criminals are using every technology tool at their disposal to hack into people’s accounts. If they know there’s a key hidden somewhere, they won’t stop until they find it.”However keeping the above in mind one can say that the technology although have significant positive impacts on the human life but its negative impact on people’s privacy cannot be overlooked hence it’s the responsibility of the people as well as the government to keep their data security on priority basis. On this basis the European Union has tried to guarantee the security of this directly through enactment. Therefore, in 1995 the European Union took its first step in lieu of the protection security standards by legal enactments. Since then the rule regarding the data protection has evolved and in 2018 the general data protection regulation also known as GDPR came in force. GDPR came into force to meet the needs of emerging data protection issues. However, many other countries have also made an attempt to make legislative framework for the protection of data breaches made by companies. India too has very recently made few attempts and has found a way to establish a data security structure displayed along the lines of the GDPR.The term GDPR stands for general data protection regulation. GDPR are the set of rules and regulations which govern the people and the economic areas of EU. In this article an attempt is made to understand concept of GDPR alongwith its impact and the challenges brought in its implementation. Further other data protection models are also brought into the consideration to get a better understanding of GDPR Model.

Abstract. Corpus delicti means the body of the crime. The suspect over any crime is made on two-element actus reus and mens rea. The intention and the commission of crime successfully make the charges and punishment valid. These elements are basic to prove any crime. The guilty mind and act, both are essential components for proving corpus delicti. The principle of corpus delicti applied to prove the occurrence before conviction for commission of crime. For suspect and charges, evidence is must. The charges cannot filed without proper evidence and body. The absence of evidence goes with confession. The confession need fulfillment of components, lack of component, weaken the confession. The relevance and connection of corpus, crime, evidences admissibility of confession, fair trial, component of corpus delicti and related case laws will further discussed under this topic.Keywords: crime, corpus, evidences, confession, fair trial.

Abstract. ON APRIL 1985, Supreme Court in the landmark judgement of Shah Bano, while recognizing the ethos of egalitarianism declared that a divorced muslim woman would be entitled to receive maintenance from her husband. It was an omnipresent case (as the same issue was judged in the previous cases as well) and yet, it was distinct. The events of the case, the socio-political debates which erupted after the verdict and the publicity that it received altered the communal climate in India. This judgment marks the inception of redressing regressive religious fundamentalist thinking with the instruments of constitutionalism.

Abstract. The increasing incidences of police brutality are coming to light especially in this Covid-19 lockdown situation. This has caused a lot of worldwide outrage and protests against such misuse of authority by the police officers. Police Brutality has always existed among us since the rule of British in India. But the legislators are fueling it further by clinging to the age-old Police Act, 1861, drafted and ratified by the Britishers. The police then were used to oppress the people and keep them under control. And to this day, many of them are still doing that as opposed to their expected duty of protecting the citizens and preventing crime. The main reason behind it is the politicians using the police as handmaidens to do their bidding. Both the central and the state Government failing to make any amends to it despite the various recommendations and suggestions made by several committees and even the Supreme Court goes to show how much influence the Ruling Part has over the police.This paper focuses on the history behind the police detailing and goes on to talk about the various committees and commissions set up and their noteworthy suggestions. It also discusses the various reforms that can be brought out to the police system in order to build a better police-public relation and also to ensure the operational autonomy of the police while also keeping in them in check from misusing their powers.

Abstract. From time immemorial, the transfer of properties across countries has been taking place through a process called ‘Inheritance’, which refers to a unilateral transfer of property. This concept, however, is solely equated under ‘moral’ footings. This is problematic because inheritance runs deeper than morals and the ideas of ‘good and evil’ (Genealogy of Morals, Fredrich Nietzsche) to more sophisticated socio-political structures and factors.This paper shall be an attempt to explore in-depth the concept of inheritance by studying the inheritance laws of Iran to understand the status quo of these laws in comparison to their relevance as in the past. It would involve an analysis of these laws through the lens of Islamic feminism and how these laws affect the wives, daughters, widows, sisters and illegitimate children born in Iran. In recent times, feminism has evolved to imbibe within itself, traditional and intersectional perspectives, thereby realizing the lived experiences of all. Islamic feminism is always pitted against Western feminism, but this paper would attempt to re-define this supposed conflict as independent theories capable of co-existing. The paper would conclude with a comparative analysis of the inheritance law framework in Iran along with drawing a parallel to the inheritance law framework in India.

Abstract. On a global scale, women's reproductive and sexual health rights have been denied, ignored, and violated. The protection and promotion of reproductive and sexual health (RSH) has evolved over time as individuals and organisations have found the urgent need and courage to voice their anger, fear, and demands for change. The forum that has, in many ways, been open to these voices is the International Human Rights (IHR) system.In the 25 years since the International Conference on Population and Development (ICPD), human rights legal standards have developed significantly, and those involved in sexual and reproductive health (SRH) programming have largely come to see the importance of rights to achieve their goals. Many national legal systems have made clear commitments and increased implementation in relevant areas, such as maternal health, abortion, sexuality education, sexual health, contraception, reproductive morbidities, gender-based violence, and with specific attention to the needs and rights of marginalised populationsThe key recommendations are to the provision of sexuality education and sexual and reproductive health (SRH) services; build awareness, acceptance, and support for youth-friendly SRH education and services; address gender inequality in terms of beliefs, attitudes, and norms; and target the early adolescent period (10–14 years). The many knowledge gaps, however, point to the pressing need for further research on how to best design effective adolescent SRH intervention packages and how best to deliver them.Keywords- Adolescents, Sexual health , Reproductive health, ICPD, Sexuality education, Youth participation, human rights, gender discrimination, equality

Abstract. This article seeks to understand the various ramifications of patent laws worldwide and its implications in India with respect to drugs and potential vaccines for COVID 19. It also tries to analyse from a legal point of view, the different elective approaches that have been accessible to Gilead and other expected partners to guarantee reasonable access of Remdesivir, and the inspiration towards embracing voluntary licensing models. It seeks to understand if intellectual property (IP) protection will be a hindrance to affordable drugs to all. At last, authors have laid out numerous options at the disposal of Indian Pharmaceutical Companies and the government for the welfare of masses at large.

Abstract. The world we live in today is seeing the advancement of technology at a rapid pace. What only existed in fiction a few decades back has become the reality we live in today. One such fictional circumstance which might turn into a dastardly reality in the not so distant future is the fear of being under constant vigilance as seen through the portrayal of ‘Big Brother’ in George Orwell’s dystopian fantasy, 1984.Although the idea might seem farfetched the consequences of facial recognition technology and the threat it may pose in the future should not be treaded upon lightly. If it goes unregulated it may prove to be a threat to the very notion of democracy we cherish thus, there has been a severe outcry regarding its use especially with regards to the implications it might have on privacy. With India on the verge of becoming a goliath in the world economy, it is also on its way of setting up the biggest facial recognition system in the world. In this article the author’s seek to address the concerns regarding privacy while pin pointing lacunae in the existing legal regime and also suggesting recommendations with the intent that India’s transition into a digital economy is a smooth one with minimal setbacks.

Abstract. The objective of Article 50 of the United Nations Convention on Contracts for the International Sale of Goods (the “Convention” or “CISG”) is to give the buyer an opportunity to keep the received goods which, even though not entirely conforming to what had been agreed on in the contract, he may still make use of but may take the non-conformity into account when paying the purchase price. This means that price reduction is a remedy that is available to the buyer only if the goods are not in conformity with what the parties had agreed on in the contract and not, for example, in cases where the price of the contracted goods has gone down in the world market after the conclusion of the contract and the buyer feels trapped in a bad contract.The case of Interag co Ltd vs Stafford phase corp, 2nd instance, 983 F 2d 1047, raises the issue of buyer's right to reduce price for non-conforming good, and decides on a formula for price reduction. The paper has tried to analyse the case, by discussing binding precedents, and formulating a conlusion from the same.

Abstract. Religious conversion refers to the act of renouncing one's own faith, belief or opinion and adopting and another's. Voluntary conversion is guaranteed to individuals under clause (1) of Article 25 of the Constitution of India which provides for the freedom of conscience. The said freedom is subject to public order, morality, health and provisions of Part III. However, involuntary conversions or proselytization has been prohibited not only by judicial precedents but also by various enactments at the state level. Hon'ble Shri K Santhanam submitted, "People have freedom of conscience and, if any man is converted voluntarily owing to freedom of conscience, then well and good. No restrictions can be placed against it. But if any attempt is made by one religious community or another to have mass conversions through undue influence either by money or by pressure or by other means, the state has every right to regulate such activity."It is surprising that at the central level, India is not having any anti-conversion law even though controversial mass conversions in the country have been rampant. In the years, 1954, 1960 and 1979 bills for regulating conversions were introduced in Parliament but none passed for want of parliamentary support. Conversely, eight out of twenty-nine states in the country have anti-conversion laws in force. The laws at the state level are analogous and some states have peculiar provisions in regard to conversions. The country has witnessed frequent mass conversions and inception of concepts like 'ghar wapsi' (Homecoming) and 'love jihad'. The regulation of conversions has always been problematic and rarely dealt with adequacy in spite of existence of legislations and precedents for the same.

Abstract. The concept of consular access has been in limelight in recent past and developed gradually over time. Vienna Convention on Consular Relation is one of the important documents dealing with the consular relation between the parties. Consular access is the ability of foreign nationals to have access to embassies of their own nation in the nation who is hosting him. The said Convention that ie. VCCR confers rights on person and only benefits whereas the statutory right is vested with the state whose citizen that individual is. A state becomes party to any such convention in order to protect itself from any kind of miscarriage of justice by the parties to the Convention. Therefore, it is the right of every individuals to take these international commitments more strictly and grant such right not only as a matter of discretion rather as a matter of right. This paper would highlight the issues revolving around the high profile case of Kulbhushan Jadhav and all the issues has been addressed from a legal point of view. Furthermore, this article has also tried to justify the principle of natural justice and pacta sunt servanda which necessary to avoid any inaccessibility to justice.Keywords: Vienna Convention on Consular Relation, Natural Justice, Pacta sunt servanda, Consulate, Discretion, Right, Justice

Abstract. Alternative Dispute Resolution or simply ADR is the procedure for settlement of disputes between two or more disputant parties, usually outside the court without following rigid litigation processes, by means of mediation, arbitration or negotiation. The main purpose behind the establishment of the system of ADR was to reduce the burden on courts, to make the litigation inexpensive and less rigid to those who can’t afford more time and money. In the Criminal Jurisprudence any criminal acts/offences are regarded as crimes against the State, but not against the victim and only State has the Jurisdiction to address it. Since, ADR is a dispute resolver, it is very difficult to call crime a dispute and hence, ADR is only restricted to petty crimes like matrimonial disputes, motor vehicle cases etc. But the Indian Courts today are flooded with numerous cases resulting in pending litigation. But it is also very necessary to reduce the over-burden of litigation on the Courts.Thus, this paper focuses on the essentiality of ADR in Criminal trial and to increase its scope for the same. The main purpose behind this paper was to educate people and make them realise the importance of ADR. In addition, this study also analyses the system of Alternative Dispute Resolution in India, its types, their functions, role in the Indian Criminal Judicial system and a brief comparison of ADR in different countries.

Abstract. “Our goal is not just an environment of clean air and water and scenic beauty. The objective is an environment of decency, quality and mutual respect for all other human beings and all other living creatures.” - GAYLORD NELSONThe quality of life depends on the quantity of environment. Besides being a human right, right to live in clean and healthy environment is also a basic fundamental right of human being. Our country India is the largest democratic nations in the world and the first country to insert an amendment into its constitution allowing the state to protect and improve the environment for safeguarding the public health, forests, and wildlife. The paper tends to conceptualize the right in reference to constitution of India and therein case laws. The Stockholm Conference held in the year 1972 in its first principle; “Man had the fundamental right to adequate condition of life, in an environment of a quality that permitted a life of dignity and wellbeing.” After great deal of deliberation, judicial activism and intervention, the right to clean air has been identified as element of right to life under Article 21 of the Indian Constitution. The various international principles are referred by the Courts of India to protect the environment. But irrespective of all the efforts made, many people do not have access to clean air and pure drinking water due to degradation of environment. The study depicts various facet of key changes made by the judiciary in making it a fundamental right. Especially, Public Interest Litigation which plays a vital role in developing environmental lawsKeywords: Environment, clean, healthy, fundamental right, judiciary and legislative.

Abstract. The Sound is space. The creation of your space is freedom. What you put in the space, what ideas you develop to express and how you arrange it, is the crux of all music. No matter how you arrive at your sound, there is always comfort in knowing that your space is completely your own. Ideas in one’s mind have no values until they are expressed or reduced to practice. In today’s competitive environment, the most valuable currency is not money but ideas. Intellectual Property, in literary sense, means the things which emanate from the exercise of human brain. It is divided in two broad categories namely Industrial Property and Literary Property. It is the latter branch which comes within the ambit of Copyright and related rights and consequent laws. It is to interpret the dimensional realm of copyright provisions which protect the expressions along with the remedies pertaining to any copyright infringement. Copyright, as defined under section 14 of Copyright Act, 1957, is the exclusive right given to do creators of musical, artistic, dramatic and literary works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaption and translation of any work. It is noteworthy that the copyright protects the expressions and not the thought or ideas.

Abstract. This paper seeks to evaluate the concept of ‘Expert Opinion’ under the Indian Evidence Act, 1872. Expert Opinion plays a crucial role in a situation where the Court has to decide on cases, which involve technicalities of other fields apart from law. A relevant example would be medico-legal cases. The purpose of this paper is two fold. First, it will highlight the legal framework that exists with respect to Expert Opinion in India, particularly the relevance and admissibility of such opinions under Section 45 of the Indian Evidence Act, 1872. It will also explore the judicial response in a few landmark cases. Second, it will identify the lacunae in the law with respect to Expert Evidence and suggest some reforms to prevent its misuse.

Abstract. Reliance- Jio snared India's largest FDI deal in the tech industry with the 9.99% stake vended to Facebook for a whooping sum of Rs. $5.7 billion. This is the largest minority investment by any tech giant worldwide and this deal can prove to be a game changer in India’s telecoms, media and entertainment sectors. The deal gives Reliance Jio an implied valuation of $57 billion. In a country like India whose economy is largely data-driven, the deal could prove to be colossal as both Reliance and Jio have an evidently massive dominant position and expansive network of impact. The two giant companies combined hold access to the enormous amount of data which can be put to impairment of the other existing companies. While the assortment and usage of personal data descent under the dominion of data protection laws, however, a question that is now being scrutinized by numerous competition law watchdogs is that whether the use of data and data agreements can impact competition in the markets. Reliance Jio which had earlier accosted the Competition Commission of India for a green flag was successful in procuring approval from the authorities. The aim of this article is to analyse the impact and repercussion of this deal on the competition of India as well as discuss necessity of inclusion of data as a relevant factor in effecting the competition in the contemporary world of digitization, the ramification it can have on the Indian economic system in the long run.

Abstract. Property can be understood as per Section 2(c) of the Benami Transactions (Prohibition) Act, 1988[1] which means property of any kind, whether movable or immovable, tangible (which can be seen and touched) or intangible (which cannot be seen and touched), and includes any right or interest in such property (Ownership, possession).To understand the meaning of LAND, we have to first understand Immovable Property. According to Section 3(26) of The General Clauses Act, 1897[2]immovable property includes land, benefits to arise out of the land, and things attached to the earth, or permanently fastened to anything attached to the earth.

Abstract. A pneumonia of unknown cause detected in Wuhan, China was first reported to the WHO Country Office in China on 31 December 2019. This was the beginning of the greatest disease pandemic that this generation of human beings had ever seen. To say that this has impacted International relations in Himalayan Proportions is an understatement. This virus has soon spread to more than 200 countries with more than twenty lakh cases and close to one lakh eighty-thousand deaths. It has in a sense overwhelmed the medical and public health infrastructure of even countries like the United States and Italy which could boast to having the some of the best hospitals and healthcare facilities in the world. This horrible pandemic has kicked into light an aspect of international that is not as fancy or glamorous as Trade or counter terrorism conventions. The International Health regulations or IHR 2005 as it is commonly known is an agreement between more than 196 countries most of whom are members of the World Health Organization to work towards global health security. The world health organisation which sits atop response to such pandemics had issued the IHR in the year 2005 to deal with such pandemics and the actions and regulations to be issued. This was built upon the International health regulation of 1969 with were considered incomplete in a sense for the 21st century. WHO’s constitution lays out a detailed procedure that it has to follow in order to enact regulations-according to articles 21 and 22, WHO can enact or the World health assembly rather can enact regulations and enforce them without it being subject to ratification at the national level. The states however have an option to opt out subject to the wishes of their domestic government but this does not change the fact that the WHO has a position that is quite different than other world bodies. This shows enormous trust in technical rule-making fostered by experts, technocrats and diplomats. Consequently, it is all the more detrimental to its authority if the WHO is accused for acting, or failing to do so, due to reasons not strictly related to health. Pursuant to this power granted to it, WHO has enacted the International Health regulations, the International sanitary regulations and the Nomenclature regulations. The IHR was, one could say updated after the outbreak of the SARS virus in 2002-03 after the world came to terms with the fact that the current regime would not suffice if they are to encounter similar pandemics in the future. In short, one can say that, The global community has a new legal framework to better manage its collective defences to detect disease events and to respond to public health risks and emergencies that can have devastating impacts on human health and economies. The successful implementation of the IHR (2005) by the countries that have agreed to be bound by them (States Parties) and WHO, will contribute significantly to enhancing national and global public health security.

Abstract. The paper focuses on loopholes of section 375 of Indian Penal Code even after the amendment of 2013. It points out three drawbacks that exist in the section. Firstly, the narrow of section 375 that fails to encompass the diverse sexualities and the marginalized section of the country. Secondly, the need of recognizing the rights of women, irrespective of her marital status. It points out India’s international obligation and the constitutional inequality that exists against the women. Thirdly, the rise in the age of who can give consent forms another hindrance to the ground reality. This paper further tries to answer the possible solution or amendments that could be brought to overcome these problems. It is important to realize that many such suggestions have come and gone and the legislature has only answered to the public outrage and not to the changing need of the society.

Abstract. “Observing the Growth in the Field of Technology, one can only imagine the time when AI will take humans to unimaginable levels of progress”. Humans and progress go hand in hand and history is proof of this hunger for new changes and development. India and the United Kingdom are among the few countries who have given recognition to the computer-generated works. The main focus of the article is to address the relationship between Copyright and Artificial Intelligence in the field of artistic works and to make an attempt to identify the vacuum and lacunae in the copyright law of India pertaining to it, taking assistance from the UK law. The article further analyses the possibility of granting copyright to the AI machines. After a comprehensive analysis, the author aims at suggesting an alternative mechanism which can be adopted in order to cover the vacuum thus created.

Abstract. The lockdown imposed due to Covid-19 has had severe after effects. India faces a steep downfall in the economy, and a surge in unemployment which is at its highest in many years. To counter this situation several states promulgated ordinances which seek to suspend most of the Labour laws.This paper discusses the economic and legal aspects of these ordinances. The government used the pandemic as an opportunity to remove these laws which from the industrialists’ perspective are the most desirable of laws to get away with. This action of the state exhibits its inability to interpret their duty to safeguard the rights of labour, who are the most vulnerable in this pandemic.This paper discusses the economic aspects of this step, why there was a need to bring these changes, what changes the government brought in and whether or not they are suitable for the situation to be tackled. The articles shows that the objectives these steps seek to achieve would not have the impact as intended.This paper further discusses the legal aspects of these changes and how they violate the fundamental rights of the labourers. The labour law were brought in after years of struggle and have been removal by a single step of the state. This article argues how DPSPs must be regarded as equally fundamental in interpretation of meaning and content of fundamental rights and enlightens how right to work is deeply ingrained in the right to livelihood thereby right to life.This article shows precipitous nature of state’s action, which is evidently violating the DPSPs and other fundamental rights of labour. So, it is profoundly recommended that replacement of rights should be implemented rather than removal of rights which would lead to injustice.

Abstract. With the birth of Start-up India, we have witnessed an enormous pour of new companies coming up from different parts of the country.Off late, Indian companies have seen huge investments. The investor societies across the world have come up with huge investments in the Indian market because of the sheer size of the market that is available in the second most populous country in the world.However, over the past few months the economy has literally come to a standstill due to the ongoing Pandemic that has engulfed the entire world. All the businesses have become stagnant. But the recent announcement by PM Narendra Modi about “ATMANIRBHAR BHARAT” has come in as a harbinger of good hope charting the course for all the start-ups in the country.With the institution of start-up India and ATMANIRBHAR BHARAT, the plan has indeed paved way for high net worth individuals, foreign funds, angel investors, venture capitalists, almost every possible individual or a company that is capable of investing has played a role in investing in various Indian Start-ups.Looking at the present situation around the world and the significantly detrimental effect on the economy, Start-ups seems to be the only major source of revenue and employment. Government is ensuring that while it successfully facilitates the entrepreneurial dream of individuals by its flagship “ ATMANIRBHAR BHARAT” programme and a plethora of other schemes like ‘Start-up India’ it is also making sure that these opportunities are not taken for granted and entrepreneurs make full use of these schemes by being well within their rights.While we have a great opportunity of Start-up India knocking at our doors. We need to look into the entire revolution of Star-ups, primarily talking about the Angel tax.On one hand the scheme of Start-up will massively boost the economy, on the other hand we need to critically analyse the hindrance that entrepreneurs faced while trying to lay the foundation for their business. Angel Tax is one such speed breaker. Angel Tax was introduced by then Finance Minister Mr Pranab Mukherjee to tackle the malaise of generation and circulation of black money and its illegitimate transfer outside India in 2012.The imposition of angel tax hinges on the fair market valuation of the company and this has been a bone of contention between Start-ups and the income tax department.This this paper critically analyses the drawbacks of the Angel Tax and how it posed as a roadblock to all the potential entrepreneurs over the past few years until August 2019.Keywords: Angel Tax, Angel Investors, Fair Market Value, General Anti-avoidance Rule (GAAR), Securities and Exchange Board of India (SEBI), Department for Promotion of Industry and Internal Trade (“DPIIT”).

Abstract. The article focuses upon the federal structure and the problems related with it. India is often characterized as quasi-federation, an administrative federation, organic federation, and a territorial federation. However, this does not mean that it is accommodative of all the concerns that governing such a large, populated, and diverse country puts forth. Federalism is the model that has divided the sovereignty between the national and the state or regional governments. For declaring India, a federal country had a lot of debate and was one of the most heated topics of the constituent assembly debates. The primary decision-making power in a unitary system lies with the central government, and the State and regional government are playing a passive role as mere administrative units of the central government. The Drafting Committee wanted to make it clear that though India was to be a federation, the Federation was not the result of an agreement by the States to join in a Federation and that the Federation not being the result of an agreement no State has the right to secede from it. The Federation is a Union because it is indestructible. The presence of the civil services and an integrated judicial system further buttress this claim.

Abstract. There have been various occasions of Cyber Terrorism in the previous decade. The activities of cyber Terrorism involve destruction to the protected critical computer system which has sensitive information that of the national interest, etc., which are controlled by operating computer systems. In regard to the expanding number and victory of cyber-attacks, cyber security is the cornerstone of national security. The rapidly increasing growth in digital payments in our country and the thrust towards a cashless economy has resumed center of attention on the necessity to strengthen and boost financial cyber security. The most strenuous dare in cyber security is the constantly expanding nature of security threats. Cyber terrorists can deteriorate the economy of the nation by castigating the critical infrastructure in the advanced and big towns, such as electricity and water supply. It is necessary for India to take certain steps to counter the menace of cyber terrorism. Violations of cyber security have become a day-to-day affair. As violations and contraventions start to directly affect the bottom line and is becoming common with every passing day, cyber security has come out as a serious concern. By introducing sections 66F, 70, 70A and 70B, the legislators have applied-in the most important missing links in the legislative machinery. Cyber terrorism is actuality and so is the case with cyber security. If cyber terrorism is to be defeated, one requires the latter. However, the absence of comprehensiveness in law needs to be resolved with utmost importance.

Abstract. This paper aims to highlight for its readers the requisite for re-examining the need for retaining death penalty in statute book of India, on the grounds of it being against the basic tenets of human Rights. The procedure of deciding upon death penalty is arbitrary as it vests power with the judges to decide upon the death sentence as per their discretion without existing any proper guidelines for the judges limiting the exercise of their power given by the Rarest of the Rare Doctrine. This has been a point of concern in this Research Paper. This paper tries to possess to its reader that the imposition/non-imposition of capital punishment in India is largely dependent upon the bench or the judge who is deciding upon the matter, this hypothesis is backed by landmark judgments of the Supreme Court. It also talks about the Moral, Economic and Executive aspects of the capital punishment. On various junctures Deterrence has been used as a point of justification for retaining Capital Punishment, this paper will analyse whether it really acts as a deterrence or not. Finally, it will be concluding by providing some suggestions and highlighting the main areas of concern.

Abstract. The Mental Healthcare Act, 2017 replaced the Mental Health Act, 1987. The new Act aims to align and bring harmony between the existing legislation with that of Convention on Rights of Persons with Disability and its optional protocol ratified in 2007 by India. The law has been praised as being revolutionary as well as an obstacle to adequate patient treatment. The new Mental Healthcare Act, 2017 represents a major leap forward in principles and has the rights and privileges of mentally ill people maintaining humanistic fervour. The new Act has several positive features like making advanced directive, aims to balance mental disorders with that of physical disorders and regulates the mental health establishments providing mental healthcare facilities. It also helps to define the role of police in ensuring protection of patients. Insurance providers were instructed not to discriminate against people having mental disease and one of the substantial steps taken is the decriminalization of suicide. This Act also has significant limitations. Indeed, some of these limitations directly contradict the values and principles stated in the Act. The restrictions can prevent from realizing the revolutionary principles of this new Act. There are glaring shortfalls and omissions in the name of adapting global principles to the Indian context. There are also various compromises made. It is unwilling to establish strong systems which provide the resources to implement the human rights agenda that is supposed to be enshrined in the new Act. This research paper not only focuses on the positive and the negative aspects related to the Mental Healthcare Act, 2017 but at the same time is focusing on the suggestive aspects which can be addressed in the mental health sector for effective implementation. Keywords: Mental Health, Mental Healthcare Act, 2017, Convention on Rights of Persons with Disability

Abstract. Considering the sluggish growth in the Global Innovation Index (GII), a vast country like India needs both formal as well as informal innovations to improve its ranking. Improving the ranking would result in more investments and job creation because India will be seen as an ‘innovation friendly country.’ The IP regime is one of the most viable options India can use to promote innovations. In India, majority of the innovations fail to satisfy the rigid criterion under patent law to qualify for patent protection because they are generally minor improvements or Jugaad Innovations. The inventors find patent protection to be a costly affair and do not opt for patent protection. Patent laws should act as an encouragement to the innovators not vice versa. With the passing of time, the need to grant utility patents has increased significantly. Indian patent law’s inability to grant utility patents is a major cause for low number of patent applications being filed in India. Therefore, India should protect Jugaad Innovations under Utility Patents as to promote innovations at the grassroot level. A comparative study of different countries can also help India identify the obstacles in the promotion of innovations.

Abstract. Children constantly seek for new adventures and experiences online. While accessing internet, they tend to expose themselves to social media evils by disclosing excess of their personal data. Earlier, there was no specific law or regulation under Data Protection Directive (herein after ‘Directive 95/46/EC’) for protecting child’s rights online. But after EU General Data protection Regulation (hereinafter ‘GDPR’) was adopted it altered the situation and jilted the old approach towards children as data subject. GDPR brings in special protection for children’s personal data. The original intention behind Article 8 of GDPR is privacy and security of children from online predators and to protect children’s personal information from commercial exploitation and targeted marketing strategies. The paper perceives and explains how EU children will be needing more protection than adults with the coming in of digital age. This paper will also present various alternatives that can be taken to avoid unjustified obstruction with child’s rights while providing online security and privacy. In this matter it is hoped and trusted that countries and information society service providers will embrace measures to protect the child’s personal data in this digital age.

Abstract. Laymen have wide connotations and conceptions about the police, vis-à-vis, “There’s only two people in your life you should lie to – your wife & the police”, “Yes officer, I did see the speed limit sign, I just didn’t see you”, “The police are not here to create disorder, they are here to preserve disorder”, “Put yourself in the shoes of a cop and the chances are you won’t even like what you see in your face.” These kind of sayings are omnipresent today, but was the police formed to be criticized? What exactly is the role of police? Police typically are responsible for maintaining public order and safety, enforcing the law, and preventing, detecting, and investigating criminal activities. These functions are known as policing. Police are often also entrusted with various licensing and regulatory activities. In this paper the author makes a stalwart effort in understanding the administrative loopholes that led the police from becoming the “embodiment of bravery” to “corrupt guinea pigs” & see how is this scenario being taken care of, and can be taken care of in India.Keywords: Police, Bureaucracy, Public Administration, Law and Order, Indian Police Services.

Abstract. There are several reasons for a person to commit suicide. Bullying is one of the reasons where a person if bullied can have psychological torture and that pressure when not handled can lead to a suicide. Bullying starts from early age in a person’s life. In early age it might happen at home where a child could be physically harassed or mentally abused. In homes women are bullied by their husbands or in-laws. Bullying can be done by anyone and on anyone. There is no hard and fast rule that a strong person can not be a victim of bullying, but there are ways to handle it. A person should raise ones voice when getting bullied. Laws also prevents a person form getting bullied by making anti-bullying laws for different time and situations. There are Child Protection Laws, Women Safety Laws, Anti-ragging Laws, Prevention from Cyberbullying 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 guarantees a respect full life to every person. Thus, if any person abets anyone for suicide it is considered as punishable offence. There are laws for safety but the voice is to be raised by every victim so that bullies are stopped from bullying others and there are less suicides than present time.

Abstract. Substance us has become persistent, worsening disorganization in which uncontrollable substance searching and substance taking role endures even though the consequences are negative Substance use has been impacting the youth and the adolescent in a negative way which is affecting both physical and mental health. Substance use can be prevented and can be controlled. Substance use are the drugs which are not usually prescribed for human utilization. Substance abuse has been creating panic causing disturbances among the families, who are victims of drug abuse. In today’s world use of substance has become a social culture in the society, so the youth or the adolescent years the generation – refuse to be left out. Youth of the country are the future, so the youth has the biggest responsibility and to save the country, one what is to end the illicit use of drugs among the youth and adolescent age.

Abstract. This article deals with the affect of The Insolvency and Bankruptcy Code, 2016 on the commercial banks and further as to how it impacted the Indian banking system and economy. Banking system has been explained in brief hereby. The IBC, 2016 has also been dealt with with its regard to the amendments which should be brought in it and which have been brought in. This article delves into the related aspects in a detailed manner.Keywords: Insolvency, Bankruptcy, Assets, Stressed, Economy, Scheduled, financial, operational, sector, Amendment

Abstract. One cannot be heedless that right to freedom of speech and expression is a highly valued and cherished right but the Constitution conceives of reasonable restriction. Right to free speech cannot mean that a citizen can defame the other. Protection of reputation is a fundamental right. It is also a human right. Cumulatively it serves the social interest. Next to his life, what man cares most is his reputation. As per Black’s Law Dictionary, Defamation means: The offence of injuring a person's character, fame, or reputation by false and malicious statements. Defamation in law is attacking another’s reputation by a false publication tending to bring the person into disrepute by communicating the same to a third party. So this paper explains in detail what actually amounts to defamation, definition by various eminent jurists, its essentials and punishment and even exceptions.Keywords: Defamation, Libel, Slander, Civil and Criminal, Exceptions

Abstract. The paper attempts to well scrutinize the influence of “Patents, Monopoly and its impact on Access to Healthcare.” Pharmaceutical and healthcare gadgets makers contend that the ebb and flow of patent framework is essential for invigorating innovative work, prompting new items that improve healthcare. The budgetary profit for their ventures that is managed by patent assurance, they guarantee, is a motivation towards development and reinvestment into further healthcare departments. In any case, this view has been challenged in recent times. Numerous reporters contend that patents are smothering healthcare research, for instance by keeping specialists from getting to protected materials or techniques they require for their research. Patents have additionally been accused for obstructing clinical consideration by raising costs of basic prescriptions, for example, anti-retroviral drugs, medicines that helps to treat cancer, brain tumor,etc in different nations. This research work further inspects whether and how patent and monopoly are hindering social insurance and advancement in the access to healthcare.

Abstract. The concept of capital punishment is most debatable topic on the humanitarian grounds. The human rights have always criticised it stating as barbaric and brutal. But the other sects support it believing on the theory an eye for an eye and a tooth for a tooth. It is an age old concept, since ancient time it is being practiced. The most active use of capital punishment can be witnessed in monarchy and dictatorship. The convicts were brutally punished when they were sentenced capital punishment in ancient times. With the modernisation the concept of capital punishment have become less brutal.The practice of sentencing death to convict still continues but the methods adopted are less painful and not barbaric. Though the capital punishment is banned by more than hundred countries still some known and developed countries use it as precedent. The grant of capital punishment have both pros and cons. The question is if the capital punishment is weigh on the humanitarian grounds then what about the justice that victim deserves? Justice cannot be denied to the just to protect the rights of unjust.The article deal with the concept of the capital punishment around the world and also capita offence. It also throw the light on the Indian judgments which talks about the principle of rarest of the rare case.

Abstract. There are so many laws which tend to curb the illegal trade in organs but still the practice is very common and it is still going on. The organ and transplantation Act 1994 which aimed at banning or putting a bar on commercial transplantations has not been much progressed this is mainly due to unbalanced donors and recipient ratio. The recipient ratio is comparatively very high whereas there is shortage of donors. The main victims are the poorer sections of the society, victims of human trafficking, who are exploited due to lack of resources and they are not even paid for the same and also the people who are unaware of the post health problems. This is one of the biggest challenges which needs to be solved and to be looked upon and the laws regarding organ transplant should be more tightened and has to be looked and worked upon.

Abstract. In the present era, terrorism has came out as an great threat to the country’s autonomy and peace. India is also greatly affected through it. The supporters of terrorism are advancing themselves and their technologies day by day. Nowadays, everything is available easily and through this terrorist organization are getting help easily not through only monetary level but through other ways also. This is becoming a great danger for the countries peace. These organizations are damaging the countries peace and want to destabilize the nation. They are becoming a challenge for a healthy democracy as well as for humans. Some hard needy steps has to be taken to counter this type of crimes. In our country, laws are to be made that much perfect that it will become free from loopholes and none can get free away from him. Although strict laws are made in our country but the main problem lies with the implementation of those laws due to wrong use of power by authorities and by many other reasons.

Abstract. This pandemic has changed a lot of things including our perspective of dealing with things, given us a lot of opportunities to discover our working sphere and increase our reach in terms of technology and judicial system. A virtual courtroom is one which need not exist physically but electronically. Using technology, a courtroom can be constituted without demanding parties to devote a prosperity on additional support. Outside information is accumulated, organized and brought into the courtroom for presentation. Once presented, various interpretational theories are argued to the fact finder who then evaluates the data according to settled rules (determined by the Judge through research, analysis and interpretation) and determines a verdict. That verdict, often with collateral concerns is then transmitted throughout the legal system as necessary. The courtroom is thus the epitome of a complex system of information exchange and management. Ultimately, because lawyers and judges deal endlessly with 'data', technology courtrooms exist and virtual courts are possible. We are living in a technological era, which is increasingly reliant on computers and related information technology. The legal system is evolving but most of the nation's lawyers, judges, legal administrators, and support personnel are still facing hindrances in adopting this virtual facet of the justice. We are on the path to the virtual courtroom. The virtual courtroom is unlikely to replace our traditional courts and tribunals in the near future, but even those traditional places of law and judgment will see increasing amounts of virtual evidence and adjudication but one thing is very much possible and that is proportionate amount of both physical court and virtual court can exist simultaneously. However, nothing could ever replace the real essence of litigation which is through physical presence of the litigants and judicial officers in the courtroom.

Abstract. Women are a crucial part of a family. She can be a daughter, a mother, a wife, a grandmother and the world can never be complete without a woman. Since the inception of this world, women are treated as the weaker section of the society and are told to live beneath the shoes of their husbands and fathers. They are always the victims to severe crimes namely rape, acid throwing, eve teasing, dowry deaths, female infanticide and domestic violence to name a few.This article covers the aspects where the law of our country has contributed its best to make the lives of the women easy and make them live with respect and dignity.

Abstract. The paper is about the lawyer client privilege and it includes the introduction that contains the varied meaning of the topic and various rules, regulations and the laws that are governed over the topic. The communication between a lawyer and the client must be private and kept safe, it includes the importance of this communication, the characteristics, the general rules about how a lawyer must assist and communicate with his/her client in a prescribed manner. The laws in Indian Evidence Act of 1872, Advocates Act of 1961 and Bar council of India rules related to the topic of lawyer client privilege. About how and when does a lawyer client privilege communication gets waived, the exceptions that are in the topic. Lawyer client privilege communications that are in other countries as well such as Europe, United Kingdom and Vietnam with case laws included and conclusion at the end.

Abstract. The media have played an important role in educating and developing the people. From the conservative society to the open-mindedness one, the role of media have been immensely important. Through the medium of the media people have seeked justice and gain confident to fight against the high officials, elite classes who have unlimited resources and is powerful in all senses. The nirbhaya case, was presented before the public and every relevant facts was states by the media which made masses aware and stringent laws against the rape was enforced. The Sushant Singh so- called suicide case, where media have presented the ambiguity between the officials of two different states making people aware of the consequences.The ignorants have also easy access to media now, but the issue arises only when the trust is formed without checking the veracity of the source hence, forming certain judgement which have high chances of being false.Therefore, the large masses trust on the source that media provides and media becomes duty bound to act responsibly without any fabrication. The exaggerated version of media should be denied by the public as well as the media itself. The case should be presented verbatim without any fabrication so that truth does not shatter.The article covers the roles and repercussion of the media report and certain judgements that were solved by the media trials.

Abstract. The role of natural law has been pivotal to Indian legal machinery. It has widened the horizon of judiciary to look beyond the “BLACK LETTERS” of statute and to embrace the basic human values above everything. The recent judicial approach as evident in cases like Sabrimala Temple Case, Puttaswamy case, vindicate the role of natural law as an instrument of perpetual quest for absolute justice. This paper discusses the contribution of natural law in sculpting the modern judicial system in India, citing the recent landmark pronouncements by the Apex Court. Beginning with the meaning of Natural Law and its presence in Indian legal context with reference to Fundamental Rights, the paper further delves separately concerning the role of natural law with respect to gender equality, LGBT community issues, and the Right to privacy. The paper emphasize deeply on the reliance of Indian Judiciary on encompassing natural law philosophy in its judgment through important case laws.

Abstract. Decriminalization is a step towards eliminating provisions consisting of offences. This process is not new to India; decriminalization was started back in 1991 with liberalization of export and Import Regulations, this brought down many criminal offences. After years of torture by the stringent act Foreign Exchange Regulation Act (FERA) was struck down and another act called Foreign Exchange Management Act, 1999 was brought to action. The main motive behind decriminalization has been promoting ease of doing business and now in the Companies Act Amendment, 2019(CAA) the ministry of corporate affairs has done eliminated 16 compoundable offences. The ministry has also introduced a Companies Amendment Bill (CAB) in the Loksabha which suggests further elimination of approximately 54 offences. Although the Bill hasn’t got assent of the parliament but few steps have been initiated by the ministry towards these amendments. Hence it becomes important for us to understand the positive and negative aspects of these amendments.In this paper the amendments regarding Decriminalization of corporate offences will be discussed at length.

Abstract. In the last few decades, the forensic science has emerged as a remarkable step in the progression of investigation processes for the criminal justice system. These technologies plays a vital role in combating the with offenders and it establishes a pivotal link between the judiciary and the police. These results are having the highest rate of accuracy then other evidence and thus they become the deciding factor in the case laws.Forensic science has large contributions in supporting the justice processes and in other serious offences. Its sole purpose is to provide support to the criminal investigations and in recognitions of not only accused but also of innocents. Important data has been collected from the criminal sites which plays deciding role in the trails. In our country, the evidence plays an deciding role in the trails of the courts. Thus, forensic science plays a pivotal role In India, the statements and witnesses are used as a source of evidences and those who are proved guilty are then prosecuted. Hence, forensic science services might be the most significant crime combating device for the enforcement of law.

Abstract. It is assessed that there are in excess of 3,000,000 minors who feed prostitution systems. This inexorably rewarding wonder is getting always across the board. So basically Prostitution is the practice of engaging in indiscriminate sexual activity generally with a person who is not a spouse or a friend, technically in exchange of immediate payment or any other valuables. The nature is not dependent on any gender, it could be Male, Female or a Transgender. But historically it has been noticed that many prostitutes have been women and most client men.Not only adults but due to lack of sensitivity and not being given adequate attention, Child Prostitution has become one of the significant global issue It is an old wonder, which denies offspring of their adolescence, human rights and poise Child Trafficking is one of the common types of Child Prostitution. A proper law should be framed for Child abuse and Child Prostitution and also for similar issues like Child trafficking and Child Pornography. Such law should focus on punishing the culprit instead of harassing the victim. My article mainly focuses on the magnitude of Child Prostitution and to identify the causes and outcome danger faced by the Child at such a tender age. Strategies needs to be developed to rescue child prostitutes from on job-violence and to conduct a rehab program for those interested to abort prostitution along with strong efforts to curtail into prostitution. Although several measures and acts have been passed by the legislators to eradicate child abuse. But still it has been emerging as a global issue in our country even though there are many steps taken by the appropriate government to end Child Prostitution.

Abstract. Domestic violence is a major concern of the country. Irrespective of where people live, such kind of violence has become prevalent in urban, rural and metropolitan areas. This kind of violence can be said to be physical, psychological as well as sexual. The primary reasons for the act of violence against a woman is the sociological and psychological behaviour. Poverty, Lack of job opportunities, drinking, dominating nature of the partner, economic hardships, are some of the main reasons. Dowry is also one of the basic and major concern of such kind of violence. Talking about the violence against husband in India, if we have a look in any legislation relating to domestic violence, there is no provision relating to the protection of husband against the physical, mental as well as mis-treatment by their wives or this in-law. We can say that the legislation is somewhat gender biased, as many women uses these legislations as a weapon to blackmail their husband and in-laws and threat them in doing something which may affect their reputation. Whenever there is a talk about domestic violence, we presume that it has to be done by a husband against their wives. But no one thinks of the opposite happening that is, the husband being tortured by the wife. In todays generation, we need to change our thinking and stop those woman who uses these protective legislation for their own benefit.

Abstract. Rape is a Rape, whether terminated prior to marriage or afterwards. India don’t have adequate laws to defend women from rape at unquestionable period of her existence i.e the span of her marriage. Judiciary as well as our society need to realise that consent plays a significant role for women to live independently in the society. Paradoxically, married women should have the right to give consent to her spouse before indulging physically with him. Nevertheless, we don’t have an ample of laws concerning this offence so that the women’s could live freely and independently. Marital Rape ought to be scrutinized as a rape under the Indian Penal Code and the convicts should be punished for this heinous offence.In India, there are no distinct provisions for Marital rape due to which no punishment is stated to the convict. Countries like Armenia, Belgium, Czech Republic, Russia and many more have considered it as an offence and have specific laws for this crime. Implementing laws for this offence is the need of the hour so that the marital rape is considered as a crime and the convict get penalized for this heinous crime.

Abstract. Every person has the right to life and liberty and everyone must comply with the rules of the state. If anyone has failed to follow rules or laws or perpetrated an offense that resulted in the legislation being violated, he shall be punished and sent to prison. Its main purpose is to let offenders conscious of what the offense he has did and offer guidance to reintegrate him with the society. For an offence that he's done, the rules, morality and ethics must be taught that every human should follow.However, their situation in jail is deteriorating, not everyone is treated fairly nor obtains adequate facilities, education or medical assistance and most of them are under trials. This instability in the criminal justice system affects prisoner’s emotional state, which makes them more vulnerable to criminal inclinations than before.This paper explores how prisoners can be improved by undertaking a comprehensive analysis on the rehabilitation of prisoners, the prison and criminal justice system in India, international conventions on the regulation of prisons, the reformation of prisoners on humanitarian grounds and the living conditions of prisoners and the prison environment and how it affects their physiological and psychological health.This paper suggest ways in which prisoner's physical and mental well-being can be strengthened in order to change the offenders and what measures can be taken to reintegrate the prisoner into society after they come out of prisons.Keywords: Prison Reform India, Prisoners, Criminal Justice System, Human Rights, Prison Environment.

Abstract. Indian constitution is one of the most well organized written constitution it is a blend of different constitution Dr. BR Ambedkar was the chairman of the Drafting committee of Indian constitution and he has given an enormous shape to the constitution and form it has today. Indian constitution is one of the most diverse constitution which gave a unique status to almost every state of India But the most unique and captivating Status was of Jammu and Kashmir given by Art 370 .The purpose of this paper is to take a look at all the perplexing questions starting from the Past of Jammu and Kashmir towards what was the need and circumstances to include this article in the constitution of India, the controversy on this Article and at last this paper would end with the conclusion which tells us that the whether Article 370 should hold up or not, Article 370 would be covered with all the important aspects.

Abstract. The Rohingyas issue has gathered a lot of public attention. The Rohingyas from being an ethnic group declared as the criminal worldwide. The persecution faced by the Rohingyas is because of their immoral agenda of seceding the Rakhine state to annex with Bangladesh. The result of their immoral planning is that the community is stateless for a very long period.The organization formed by them was declared as terrorist groups because they attacked the civilians and military groups. They illegally intruded into different countries and demanded their rights in those countries. They are declared as a serious threat to the nation because they are increasing in numbers. Being a few thousand immigrants they are now double in numbers in India. The persecution faced by the Rohingyas Muslims is also because of their alleged leaders who were mujahidin’s who are considered as terrorist worldwide.Myanmar never wanted Rohingyas Muslims to be part of their state as they wanted to establish the Buddhist state neither Rohingyas Muslims wanted to be part of the same because they wanted an independent state.The article covers the historical background of the Rohingyas and also the Indian and international scenario on the Rohingyas issues.

Abstract. This research paper deals with rule of law, its various dimensions, related concepts and how independence of judiciary is related to the rule of law. Reasoning behind the development of the rule of law as been elaborated upon in a simple language. Various jurists’ views have been incorporated so as to expand the dimension of the research. This research paper also includes the major constitutional challenge the court faced while regarding the constitutional validity of Collegium system and related aspects. Special attention has been given to the infamous Habeas Corpus case and the Four Judges case.

Abstract. We are living in a 21st century and had done progress in many areas over the last decade but still people in the world discriminate each other on the basis of race, caste and gender. People are not in the position to accept lesbian, gay, bisexual, transgender persons as a part of the community and not letting them to enjoy their fundamental rights. They always have a risk of becoming victim of hate crime and many do not receive protection when they are attacked in the street by the fellow citizen. The criminal justice system has made many laws and policies which deal with the definition of hate crime and also had explained why the crimes against LGBT people are different from other crimes. In United States violence against LGBT people has increased drastically and it became a societal issue there. LGBT people found it more difficult to determine than the white gay men whether the violence is based on their sexuality or due to their color.The project is viewed about how LGBT people are being harassed and become victim of hate crime. There is no specific law yet given by the legislature which deals with the sanctions for harassing LGBT people. Though victim group has defined hate crime as a crime in which LGBT people are the common target of harmful behaviour against them. This article, the author aims to introduce the psychology of the transgender people how they face level of threat and anxiety and what are the situation in different countries. Further we will discuss in this paper about how gender biasness can be curbed and how we can contribute in making them feel safe, secure and treated equally. In conclusion, the following research paper dwells on the legal perspective and key issues and challenges faced by the court.

Abstract. Kashmir has been talk of an hour from the very beginning and in next 5 years also it shall prevail as the centre of epitome for sure. But even being the most talkative topic Kashmir and its people stay behind the wall and do not get to enjoy their basic rights.This particular paper analyses certain specific provisions i.e., Article 370 and 35 (A), revocation of both the provisions has created a situation full of risk and the real voice of the people from Kashmir remains unheard. The paper has tried to become a source and has tried to reveal all the genuine facts.The highlighting point of the research is whether such a change for Kashmir is feasible at this point of time. Basically the normal citizens including the politicians, civilians, journalists, etc in Kashmir are facing a lot of challenges and difficulties. To overcome such a phase many people are working thoroughly to come up with certain solutions to make a smooth flow.This paper moreover talks about how the real fact gets filtered every time before reaching its prior source. Everything is corrupted to another level and nothing genuine is received by the general public, where as the people of Kashmir are totally dependent on the national media.The conclusive part of the paper reviews about the situation of Kashmir after one year of revocation of Article 370 from the Indian Constitution. It clearly says their struggle is still the same. With the cases of corona virus rising Kashmir is failing to provide proper facilities to its citizens. Not totally substituting the scenario but if adequate and proper amount of steps are adopted then life of the people can get back to normalcy.

Abstract. The Constitution of India it lies down and gives all the detail about the Fundamental political code, structure, procedures, powers, and duties of government institutions. Indian Constitution is neither purely federal in nature or nor it is unitary in nature. The Constitution of India cannot copyright and imposed the features of the constitution that are taken from other countries because some countries are already being a developed nation as compare to our nation that is on phase of development. The Constitution of India has a constituent assembly also and the Constitution of India was created by a Constituent Assembly and not by the Parliament of India. It was adopted by the people of India with a special deceleration in the Preamble. The Constitution of India is written and supreme on its own. The Constitution also establishes a Supreme Court to decide the disputes between the Union and States. India has however chosen its own brand of Socialism that means a mixed economy. The term Secularism means a State which has no religion of its own as recognized religion of State.

Abstract. Constitution of India cannot be seen merely as a legal document; instead it must be seen as a document having social and moral values associated with it. The morals of the Constitution are inspired by various historical factors like Freedom Struggle, Social factors like caste and class divide Indian society, economic factors like industrialization and various ideologies like Socialism, Marxism etc..The Supreme Court has interpreted the Constitution in manner to uphold justice according to the constitutional scheme. The Indian constitutional law is full of judicially crafted doctrines like Basic structure and manifest arbitrariness’. Doctrine of Constitutional Morality is recent addition to this list. Recently, Supreme Court in almost all important cases like Sabrimala and Tripal talaq has given a new doctrine called Doctrine of Constitutional Morality.Term Constitutional Morality is not new for the constitution. Infect in constituent assembly Dr. B.R. Ambedkar has attempted to define constitutional morality referring to English historian George Grote.Present paper has attempted to investigate different aspects of Doctrine of Constitutional Morality its origin and its step by step development by means of literature and case laws.Judge made tests are not new for Indian constitutional law but this doctrine is heavily criticized by some of the eminent jurists and lawyers. Mr. Venugopal has even referred it as a dangerous weapon.This Paper tries to make systematic analysis of various meanings of the doctrine of Constitutional Morality and try to find out its traces in various legal texts

Abstract. The faceoff between India and China at the border raises the question about Chinese incursion and interest in the valley. Both countries have different perceptions owing to unresolved and undemarcated boundary, which lead to transgressions and face off along the line of actual control (LAC). As of June 2020, soldiers from both the armies have clashed on several occasions in ladakh. The aim of this paper is to analyze in detail the history of border dispute to understand historical claims, PLA’s incursion and interest over the Indian Territory and determine identification of territory. This paper also discusses in detail the India-china border dispute, the recent doklam issue and initiatives and agreements to resolve Indo-china border issue. This paper concludes that although this is not a routine face to face conflict, however it is not gearing up to full scale war. It is the time to demonstrate strategic signaling and that can be achieved by having a robust presence at valleys. In the alternative, both the nations may constitute a panel of experts to determine the boundary line and based on the expert determination, a final decision by an agreement may be worked out.

Abstract. This paper deals with the nature of relation between democracy and governance and how do they vary with the terms of political discourse. The word “Govern” or “Governance” is derived from Greek word “kubernao” which means to lead, steer, conduct or guide. In the ancient time it was used by Plato to help ruler in decision making. For Indians it is not new. The concept was ruled by “Dharma” which was to ensure good and responsible government to people. The definition of Democracy is based on universal suffrage, procedural indicators of electoral democracy, unbiased choices among alternatives, voter preferences in elections, and these things becomes the basis for making holders of Government and Public offices without thinking whether the Government produced has good governance or not. It is accepted universally as the perfect form of government. These two concepts i.e. Governance and Democracy are based on different preferences so it can be said that good governance may or may not include democracy and democracy itself is not sufficient for good governance but they both are necessary for development of country. The 2000 Report of Human Development has described few important features of good governance. The paper also deals with the relationship of political parties with Governance and Democracy. The visions, systems and values promoted by the powerful political leaders play a vital role in governing an entire nation to encourage peace and development. Both democracy and good governance are equally necessary for a nation. The countries either with no or less democratic governance do face tremendous challenges and risks. The paper also covers the modern democratic system and the influence of political parties. The modern democratic prevailing in India is one of the appropriate ones for good governance.Key words: Democracy, Political Parties, Government, Governance, Laws.

Abstract. The main objective behind the enactment of the Competition Act, 2002 is to maintain the healthy competition in the economy. With the emergence of E-commerce the issues regarding the anticompetitive sale by online platforms is always being highlighted and several cases has been filed in regards with the same. In this article we will see the interplay of the e-commerce giants and Competition Act, 2002. Also the approach of Competition Commission of India with regards to the exclusive agreements, deeper discount offer by the e-commerce giant and the concept of predatory pricing. The article will analyse the difference between supply agreement, different discount policies in the offline and online market. With the help of the case laws and past judicial approach the article will conclude the need of Competition Act and it’s important in e-commerce sector.

Abstract. The sole purpose of the law making is for the welfare of the society. The executives of our country have also made the recent developments in the law for the welfare of the society in the time of this pandemic. These efforts are made for the welfare of businesses across the country which directly affects the general public. They have tried their best to provide relief to all the classes of society which has suffered during this pandemic whether it is general public or the corporate or businesses across the country. They have provided the relaxation to all the classes from which they can find difficulty because of this pandemic. An example of such a relief is the recent amendments in the Insolvency and Bankruptcy Act which provides for increase in threshold value. One of the provision of this act deals with the minimum amount of default that can be done by a debtor for the initiation of bankruptcy proceedings. The amount that is prescribed for such proceedings 1 lakh but it can be altered to a maximum value of 10 million with the proper amendments done by the government. This is only an example while many such amendments of same nature are done by the government in this act which shall be entertained in this paper.