Sakshi Gupta
Maharashtra National Law University, Aurangabad, India
Abstract. Corporate Social Responsibility (CSR) refers to a self- regulating business model which aids any firm in being socially responsible to itself, its stakeholders and the community as a whole. It is based on the concept that an entity, which utilizes the resources of the society, should contribute back to the society. CSR activities were generally undertaken by the corporates voluntarily due to several advantages like enhancement of public image/ recognition, better employee engagement, attract and retain investors, sustainable growth of the country and better ratings for the company.CSR being a voluntary act earlier, was not considered legally binding till the time the Companies Act, 2013 for the very first time, made it a legal requirement to undertake CSR activities. The concept of Corporate Social Responsibility is contained in Section 135 of Companies Act, 2013 read with Companies (Corporate Social Responsibility Policy) Rules, 2014 and Schedule VII of the act.Section 135 of the act has undergone amendment twice since its inception; first by Companies (Amendment) Act 2017 and then by Companies (Amendment) Act 2019. CSR rules have also similarly undergone several changes. This article aims to discuss these changes made under 2019 amendment and the usefulness of these changes.
Mr. Ambuj Mishra
Ph.D. Scholar, Department of Law, Faculty of Law, Dr. Ram Manohar Lohiya Awadh University, Ayodhya, Uttar Pradesh, India
Abstract. The author has chosen this topic for the purpose of drawing a line to the ongoing debate between the two important laws that are patent law and competition law. In its general sense, one can observe that both the laws are conflicting in nature as one promotes monopoly and the other restrains it. But the purpose of this project is to look into a deeper aspect of it, from where it can be derived that patent law does not always oppose competition but at times complements it by encouraging innovations which is also an important part for a free and competitive market. Thus, it might be for that reason that the regulation under competition law excludes patent law from its ambit. It is not actually the exclusive right of the patentee but the anti-competitive practices which are in real disagreement with competition policies. The author in this project will analyze all such anti-competitive practices carried out by the patent holders that extensively affect the market and competition policies and would also suggest measures to harmonize the two apparently conflicting laws.Keywords: Patent, Competition Law, Anti Trust Law, Monopolization
Janani Sridharan
Advocate, Madras High Court, India
Abstract. The long felt need for the protection of GI has not yet reached its full potential. Due to various reasons, the producer of the good is at a disadvantage after all the efforts and trouble. The “unjust enrichment” of the produce of a community, in the hands of a few individuals has to stop. To enable this, apart from granting GI, the government has to conceive a scheme for promotion, supply and sale of the product, along with granting the GI. The grant of GI would go a long way in giving a supporting hand to the farmers and help in rural development. The recent struggle of the farmers in the Palghar district in Maharashtra for the “wada kolam” rice is one such example. There needs to be a quick decision on such cases, as to not let the poor suffer. Many rice mills are on the verge of shutdown, facing a competition from many deceptive similarities. It is true that a Geographical Indication cannot be given randomly without analysing certain set of factors. But a scheme could be put in place as discussed by the World Intellectual Property Organisation and such process should be headed by a team of experts who are well versed in such fields and with the help of legal members who can visualise the ongoing discrepancies in obtaining such a grant, and thereby helping the community in need.Keywords: Geographical Indications, Traditional Knowledge, rural development, WIPO, WTO, Wada Kolam.
Jay Gajbhiye
National Law University Odisha, India
Abstract. “One of the most important causes for the proclamation of Internal Emergency in India in 1975 was the then Prime Minister, Mrs. Indira Gandhi’s belief that following the Allahabad High Court’s judgment against her incited the people and created an inflammatory situation. On 26th June 1975, the government decided that a law should be passed to prevent scurrilous and malicious writings in newspapers and journals, news agencies would be restructured and the Press Council of India wounded up. It was felt that the government’s policy regarding the issuing of advertisements to newspapers and magazines should be reviewed. The censorship on the Press, the only independent media in the country, was thus invoked. The reaction of the so-called independent Press, however, left much to be desired and except a handful, the print media presented a reluctant and disinclined picture. The easiness with which it relinquished its independence shocked everyone. The sterility of the fourth estate in India along with the ethics of the Indira government is discussed in this paper.”“This paper discusses one of the most powerful politicians of India, her most controversial and harsh decision of imposition of Emergency and the response of the press thereto.”Keywords: Emergency, Constitution, India, Indira Gandhi, Polity
Vijay Awana
Advocate, Supreme Court of India
Abstract. The phrase “purposive interpretation” occurs often in court decisions and legal literature alike. The common thread running through most references to purposive interpretation is the understanding that “purpose” is a subjective term. It reflects, at various levels of abstraction, but mostly at the highest levels of abstraction, the intention of the text’s creator. Bennion, who devotes a lengthy chapter to purposive interpretation notes that the historical source of purposive interpretation is the mischief rule established in Heydon’s Case. The purposive approach has gained support in recent years. In 1969 the Law Commission urged the courts to implement this approach. It has been the long-established approach of the courts in European jurisdictions. The statutes in these countries are articulated in broad general principles and the courts “fill the gaps” by interpreting them in the context of their legislative purpose.In relation to statutory interpretation and the purposive approach, ‘what is at stake is the separation of powers and respect by the judicial branch of government for the powers of the legislative branch.’ It is clear that although the purposive approach may result in some benefits, its application brings with it significant difficulties and problems. The Purposive Approach to statutory interpretation can be seen as an extension of the Mischief Rule. Instead of confining itself simply to the mischief which the statute was intended to correct, the court resolves ambiguities by reference to the statute’s overall purpose. Indeed, many modern statutes are not simply intended to correct mischief’s in the common law but have a wider social agenda. Under the purposive approach the courts should try to give effect to this wider statutory purpose in interpreting ambiguous provisions in statutes.
Shantanu Rahul Kulkarni, Spandana Nageshkumar
LL.M. in Intellectual Property and Information Technology Law, Trinity College Dublin, University of Dublin
Abstract. The evolution of the internet in the 20th century has connected the individual to a host of services such as the e-commerce market, navigational services, social network services, banking and finance services, and media. Some of the essential attributes of the internet are low costs, easy access, anonymity, and the ability to reach diverse audiences. Although these attributes have allowed consumers to connect, the Internet has become a deep abyss for consumers of information. In a diverse jurisdiction like India, the Internet has fuelled ethnic and cultural tensions. As the Internet has become ubiquitous the rise, dissemination & active propagation of hate speech is accelerating.Freedom of speech and expression are the fulcrum of democracy. However, often in order to curb the dissemination of online hate speech the legislature enacts laws that tend to have unfathomable consequences such as abrogation of the right to free speech & expression, such a situation is a result of excessive legislation. This situation is further aggravated due to the absence of a globally accepted definition of online hate speech. Therefore, it is paramount to test the online hate speech laws on the touchstone of the right to free speech and expression.The authors through this paper will argue that the internet is a catalyst in fuelling hate amongst society and has increased ethnic and cultural tensions. To substantiate the aforementioned argument the authors intend to examine instances in the United States, Europe & India, where the “internet” was the causa causans of conflicts and dissemination of hate. The paper also examines the existing legal frameworks in the aforementioned countries and their effectiveness in curbing the spread of hate. The third and the last endeavour of this paper is to strike a balance between freedom of speech and expression on the internet and preventing the spread of heat speech online.Key Words: Online Hate Speech, Freedom of Speech and Expression, Code of Conduct, Excessive Legislation, NETzDG, Regulation of Cyberspeech.
Dr. Anand K. Deshmukh
Associate Professor, Dept. of Post-Graduate Studies in Law, Dr. B.A.M. University, Aurangabad (MHA), India
Abstract. There are two types of models of criminal justice system i.e. adversarial and inquisitorial system prevails in the world. Though these two models prevail in the world but in real sense no one has precise or clear meaning and not a single country of the world follow either of the models in toto. Both justice systems presumed that every accused person is innocent and shifted the burden of proof on prosecution to prove his guilt. It means both systems are firm about proper adjudication of the accused and protection of the innocent. But there are basic differences as to rules of procedures in each of these systems. Each system has its own merits and demerits while giving justice to victims of crime. The main aim of researcher is to know the basic features of each system and more particularly to know about the system followed in India. Through this article the researcher is trying to make comparative analysis and to give effective suggestions to improve the existing criminal justice system in India.Keywords: Adversarial, Inquisitorial, Victim etc
Vallabha Gulati
Advocate at India
Abstract. The labor of bearing a child is more intimately bound up with a women’s identity than other types of labor. The work of pregnancy is long term, complex and involves an emotional and physical bonding between mother and fetus.Indian society is considered to be economically feeble, but ethically and traditionally it is very potent. It is a society which boasts of its ideologies and its anxiety for the welfare of all. In considering the interrelated ethical, legal and social aspects of surrogacy we acknowledge that society has long accepted the delegation of various parenteral functions and explore the role of a surrogate in relationship to this as well as alluding to commoner comparisons with prostitution and adultery. In particular, the "birth mother" rule, the public antipathy to "commercial" surrogacy and restrictive legislation are explored and found to be inappropriate. It is concluded that the regulation, surveillance and assessment needed to ensure the best outcome for all concerned would perhaps be easiest achieved in programs that are formally licensed under permissive legislation and adequately funded by "commercial" means.For many people, having a child is the ultimate dream. Sharing their love and raising a family can truly make their lifetime picture complete. Unfortunately, though, for some, the inability to have children can be extremely heartbreaking and devastating to their future plans.In 228th law commission’s report it stated that the moral issue associated with surrogacy are pretty obvious, yet of an eye-opening nature. This includes the criticism that surrogacy leads to commoditization of the child, breaks the bond between the mother and the child, interferes with nature and leads to exploitation of poor women in underdeveloped countries who sells their body for money. Sometimes, psychological consideration may come in the way of a successful surrogacy arrangements.
Ishu Gupta, Trisha Singh Naulakha
Symbiosis Law School, Noida, India
Abstract. The Hon’ble Supreme Court of India in the case of Internet Mobile Association v. Reserve Bank of India (hereinafter, “Cryptocurrency Judgement”) set aside a Circular issued by the Reserve Bank of India (hereinafter, “RBI”) which prescribed the financial entities regulated by the RBI to cut their association and discontinue to provide their services to entities and individuals which trade in virtual currencies. The rationale of the court for striking down the said circular was the non-satisfaction of the test of proportionality which was further backed by the omission by the RBI to show any actual harm or loss occurred due to the interaction between regulated financial entities and the entities dealing in virtual currencies. This paper argues that while the decision of the apex court to strike down the RBI circular is plausible, there are some incongruities in the application of the test of least intrusive measures as applied by the court. The paper also highlights the necessity of defining virtual currency and creating an effective regulatory framework for crypto assets in India. It suggests certain essential parameters on which the omphalos of virtual currency regulation in India can be nurtured.Key Words: Virtual Currency, Blockchain Law, Test of Proportionality, AMLD5.
Ankush Unni
NALSAR University of Law, India
Abstract. The ability for human beings to artificially alter their DNA, and change themselves from birth, physically and mentally, was set to become a reality when in 2018, a Chinese research claimed that he had created the first HIV resistant human being through a technology known as Clustered Regularly Interspaced Short Palindromic Repeats (CRISPR/Cas9).This technology has a wide range of applications, from disarming viral vectors to pest control. However, the scope of this paper shall be limited to the application of CRISPR/Cas9 on human DNA.One of the direct human applications is the selective targeting and deleting of harmful genes in the embryo’s DNA. The result is the possibility of saving the child from a potential genetic disease. While this is a positive application of this technology, unregulated usage of this would have negative consequences. Such negative effects will be discussed. This paper is split into three parts.Firstly, the paper discusses general concern of the possibility of creating ‘designer babies’. The author proposes a restriction on the application of CRISPR/Cas9 for biological enhancement based on preference, rather than necessity would be proposed. This would be accompanied by a proposal to regulate CRISPR/Cas9 application on germline cells.Secondly, the military application of this technology and its possible devastating effects would be discussed and regulation on the application of this in defence would be proposed.And finally, the prematurity of the development of this technology would be acknowledged. This part focuses on the detrimental effect of the technology, such as mosaicism and high-frequency occurrences of off-target effects. Therefore, in order to avoid these effects, regulations would be proposed with the aim of restricting the procedures used to certain methods that minimize these effects. This paper would explore the various methods available that would help minimize these effects.
Ashwin Singh
Symbiosis Law School, Pune, India
Abstract. The author will explain the plastic problem from the eyes of all creatures living on this planet earth from the smallest to the largest, dead or alive. The author will also try to look into different perspectives around the human timeline. How our lives would have been today if our ancestors, let's say if Columbus has had plastic while he was traveling to the new world and it was in wide use then, how plastic of that period would even after breaking into small molecules still would have been affecting our daily life.The author will look from the eyes of people around the world, from different backgrounds and how their life is being affected by plastic how some are living because of plastic and how others are in a difficult situation due to plastic. A special inclination will be given towards India's plastic problem and how the so-called smart cities of India are dealing with it.
Gnanavi Gummadi
Jindal Global Law School, O. P. Jindal University, India
Abstract. The paper aims to comprehensively discuss India’s successful Anti-Satellite Weapons (“ASAT”) test, Mission Shakti. India has joined the ranks of USA, Russia and China after the launch. It navigates through the current international framework governing the ASATs through the help of various outer space and weapons treaties like the Outer Space Treaty, UN Charter, Limited Test Ban Treaty, Anti-Ballistic Missile Treaty and also numerous customary international laws on the subject of ASATs. The paper will, then, try to study if India’s ASAT is violating any of these treaties. The discussion of the legal consequences of ASATs is essential to understand the gravity of the threat that ASATs pose to the humankind. The paper furthermore discusses the threats posed by the conduction of ASATs to the outer space environment in the form of debris and the security concerns associated with weapons usage in space. It argues that an arms race to space imminent. Moreover, the paper highlights the need for specific legislation which can contain and hold States responsible for their actions which threaten the environment of the outer space. Also, it discusses the State’s show of power through ASATs, which poses a grave risk to the cooperation amongst the international community. On the other hand, the paper also highlights the challenges in adopting uniform legislation on the matter mentioned earlier.
Aishwarya Bhatia
Mody University of Science and Technology (School of Law), India
Vinay Singh Moriya
Dr. Ram Manohar Lohia National Law University, Lucknow, U.P., India
Abstract. Attempt falls in the category of inchoate crimes. Punishment is the sole objective of criminal law. Punishment is provided after the commencement of the offence but it in certain cases is dispensed within the mere preparation also. Till date, it has no particular rule to rely on while passing the judgement for this offence of attempt. It is only decided on the facts and circumstances of the case and on some theories of attempt. Attempt has no specific definition and is ambiguous because of which every person interprets it accordingly. “The successful revolutionary is a statesman, the unsuccessful one a criminal.”- Erich Fromm.This paper is an attempt to discuss the insight of section 511 of IPC, which gives power to make attempt punishable under those offences, where the code does not prescribes any punishment for attempt.Keywords: Attempt, Inchoate crimes, punishment, stages of crimes, theories of attempt.
Shefali Parashar
LL.M in Crime and Security Laws, Raksha Shakti University, Gujarat, India
Abstract. Indian Constitution provides every citizen freedom of press and right to privacy but why till date freedom of press is considered as a havoc in the society, in this paper the research would like to emphasis on a landmark case of Indian Constitution and I.T Act case of Shreya Singhal Case which gave us the new meaning of the Right to Privacy, Freedom of Press and struck down Section 66(A) of Information Technology Act 2000. The paper also incorporates various other cases in which freedom of press and right to privacy are challenged, what where the judgements given by the courts and what was the role of the Information Technology Act 2000, in the judicial response for freedom of press and right to privacy.Keywords: Freedom of Press and Right to Privacy, Indian Constitution, Information Technology Act 2000.
Ashish Jain
School of Law, Auro University, Surat, India
Abstract. The Indian Legislature and Judiciary have attempted to include ‘Irretrievable Breakdown of Marriage’ as a ground of divorce with reference to Law Commission Report of India. The Irretrievable Breakdown of Marriage is a concept defined through a point of time when the marriage is not persistent and jurisprudentially such a marriage in the eyes of law has come to an end. The rational for such a marriage dissolution is that the spouse are no more eligible or willing to live together for the Indian family concept, and as per the a legal prudence personality law shall not force the spouse to live together without their willingness. Furthermore the research paper details the development of the concept of Irretrievable Breakdown of Marriage. The judiciary by precedent have developed a well-structured format to judge the breakdown extent in term of saving the society, marriage and the peace between the spouses.Furthermore, it is advised by the judicial system and report to the Indian legislation to introduce the Irretrievable Breakdown as an official ground to grant a decree of divorce in the light of justice, equity and good conscience towards society as a whole with the parties in dispute, which would also empower jurisdiction and orders of the judiciary with no conflict in the instances of broken down marriages beyond repair. The research paper enlightens the breakdown concept to be drafted for the purpose of uniform laws for all the variety of facts to different case laws, and discusses the requisite to establish an Irretrievable Breakdown of Marriage as a legal and justiciable ground of divorce.
Shubham Kumar
Guru Gobind Singh Indraprastha University, India
Abstract. The sources of funds of a co-operative society mainly consist of borrowed capital or debt capital and owned capital. Borrowed capital means the total of loaiis, deposits, other borrowings of a co-operative society and current liabilities. Owned capital means the total of paid up share capital and accumulated reserve fund and others created out of profits of a co-operative society or otherwise. The maximum amount which a society may borrow shall be determined annually.at a general meeting of the society and no society shall borrow beyond the maximum amount so determined. The Registrar may, at any time, revise the limit fixed by the general meeting. No society shall incur liabilities from persons who are not members, in excess of a maximum amount fixed time to time in general meeting and approved by the Registrar. A primary agricultural credit society which is a member of a central co-operative bank, shall not borrow by way of loans or deposits from any non-member without the sanction of the central co-operative bank, and where the society is not a member of any central co-operative bank, sanction is to be made from the Registrar.Keyword: Capital Income, Person liabilities, co-operative bank
Herbi Sanchana P.C., Malan N
School of Excellence in Law, TNDALU, Chennai, India
Abstract. In general perspective, men are always overriding in a society as interpreters, recipients and transmitters of divine messages, while women have always remained as passive practitioners and silent receivers of religious teachings. They are always been kept in a second-class status in the attribute of religion. Women are subjected to religious and political impacts and bear the negative costs of cultural attitudes. However, it is undeniable that women in recent times are trying to walk out the Male-dominant barricades and traditions of centuries. Feminist scholars all over the world are now challenging against the patriarchal Christian, Islam and Judaism. The social media also plays a major role and allows the women to express their intensions. But these thoughts of change in the Feminine mind is not actually universal. The approach of women suppression is evident till date in most of the circumstances. The Roman Catholic Doctrine which campaigns for the women ordination actually mandates in all-male priesthood as one of the reason that the twelve apostles of Jesus were men. The recent Bishops Vatican meeting for the extension of women’s role in the Church affairs contained 7 nuns among the 267 male monks and the nuns were not even given the right to vote in the final document. Saudi Arabia being a male-dominant country restrains the women from travelling or obtaining passport without the permission of the male guardian and also granted the women to drive only on last year. The women were also given a separate isolated place with separate entry and exit pathways in Mosques. The Buddhist nuns are used as glorified temple housekeepers until 2003 when they won the rights to serve as equivalent to male monks. Even the Sabarimala temple before the last year judgement was barring the women to enter, considering the menstruating women to be impure.This paper specifically explains the matter of “Love Jihad” which is a concept that the Hindu girls are targeted by the Muslim men and were converted to Islam by feigning love. In 2009, after alleged conversions in Kerala and Karnataka, the matter came into national attention. The scam resulting in vast conversion of young girls and raised the number of terrorism followers to increase comparatively higher than last centuries. The paper deals with a detailed outcome of this issue and the continuous denial of the Muslim organisations about the Love Jihad and the Hadiya’s case and Kayum’s case. Unmindful of several women empowerment in religious matters, a portion of society still gazes women as a weaker object to be used and alleged in the name of culture, religion and tradition.Keywords: Passive practitioners, second-class status, Roman Catholic Doctrine, Sabarimala temple, Love Jihad, Kayum case, Hadiya case.
Devansh Goyal, Md Aftab
School of Law, University of Petroleum and Energy Studies, Dehradun, India
Abstract. Death Penalty additionally called as Capital Punishment. It is one of the lawful process in which an individual is retribution and killed for a wrongdoing by the state. It is considered as a definitive forswearing of the common liberties. On the off chance that an individual is rebuffed as such, a capital punishment is a legal pronouncement, while Execution is the genuine cycle of the reason for death of the individual. The term capital punishment is in some cases utilized conversely with the death penalty, however burden of the punishment isn't constantly trailed by execution. This debasing, brutal and remorseless discipline is being done in name of equity. It befouls the privilege to life which is reported publically or authoritatively in the Universal revelation of Human Rights. Capital punishment isn't considered as compulsory rather it is considered as optional in all the capital offenses aside from the homicide case. Foundation of wrongdoing, physical and state of mind of the wrongdoer, age of the denounced is considered by the appointed authorities for different capital offenses. It is substantial and legitimized type of discipline. One calls it as discouragement while it is viewed as capability of executing blameless individuals by the others.
Sumit Kumar
Chanakya National Law University, Patna, India
Abstract. Rise of tech-titans provided enormous power and influence to them in the digital economy, which leads to various anti-competitive conduct. By 2019, tech-titans become the biggest global companies and all of them were alleged with various anti-competitive conducts. Digital economy and tech-titans created new complexity for Competition regulators as old rules and principles of competition law has to be applied to this new economy. Author focuses on various complexity of competition law in the digital economy such as- big data, network effects, zero price product, etc., which has unidentified effects and is also hard to trace. These new challenges instigated study of the digital economy and some measures are developed to apply competition law principles. Author tries to apply some of the principles on the tech-titans in order to identify and analyse various anti-competitive conducts.Keywords- Tech Titans, Tech companies, Digital Economy, and Competition Law.
Ketki Tushar Kulkarni
Hidayatullah National Law University, Raipur, India
Abstract. Justice has always been a beacon of light amidst all adversities. It is a basic tenet for formulation of law governing vast discrepancies present in a society. With the advent of globalization and advancement in technology, the recent trend has witnessed debates revolving around global climate change and has raised pertaining questions regarding intergenerational justice in a world full of the vast discrepancy between the causes and effects of global warming and other factors leading to climate change. With the growing instances like forest fires, floods, uneven rainfall, high temperatures etc. has further added to several remarkable concerns regarding those responsible for climate change and those affected by the same. Therefore an urgent need is felt to mainstream the theories of justice in the light of climate changeStarting from the ancient Greek philosophers like Aristotle to contemporary thinkers like John Rawl, the idea of justice has evolved over time. Aristotle advocated his criteria for justice by treating equals equally and un-equals unequally by divided justice into distributive and correctional justice. John Rawl, on the other hand, linked the concept of distributive justice with fairness. Their concepts should be taken earnestly to ensure equitable distribution of funds and effective participation of those affected and those responsible for climate change. Further, the theories propounded by more contemporary thinkers like Martha Nussbaum and Amartya Sen should be deliberated to give a minimum amount of dignity of individuals to protect their capabilities.This paper argues that India too should adopt such kind of refreshing approach towards climate change. It should harness the use of technology and other state and non-state actors by creating a strong climatic infrastructure by acting as a strong facilitator and enabler. This understanding is reached after analyzing several theories of justice.
Jaimala Chahande
Visiting Faculty at Post Graduate Teaching Department of Law, Nagpur, Maharashtra, India
Abstract. The COVID-19 pandemic disrupt every sector – Agriculture, Industrial, Manufacture and Service sectors, Education amongst the worst affected in India.Education can help to eradicate the social, economic, and political disparities existing in society. The compulsory primary or elementary education must be enforceable to achieve these goals. Education is a Universal fundamental human right. This right to education recognized in Universal Declaration of Human Rights 1948, under Article 26(1) that “Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory”.During the current COVID-19 pandemic situation, all the educational institutes including schools impart online education. This step exaggerates the already existing digital divide. The digital divide denotes the gap between those with access to digital and information technology and those without it. It comprises both physical access to technology hardware and, technological skills and resources which allow for its use. The current pandemic crisis has a different impact on different sections of children, it worsens the existing inequalities with creating a new one.In this critical pandemic situation, the government shall come forward with suitable policies and plan to build inclusive and effective education system so that the Right to Education of all be protected equally without discrimination. As the access to digital technology is the need of the hour in this Information Era.This paper analyses the impact of ‘Digital Divide’ on ‘Right to Education’. This paper discussed the Constitutional provisions, Legislative and Judicial efforts and attempted to explain the challenges pose by the pandemic situation. It also suggests some solutions to carry out learning in this critical situation.
Neelakshi Bhaskar
Vivekananda Institute of Professional Studies, India
Abstract. Necrophilia is attraction towards dead whether sexual or asexual and this is not a usual or customary practice but is a paraphilic disease. Humans and animals both could be affected by Psychological and Psychiatric conditions which can lead to paraphilic diseases like necrophilia. The author has attempted to use qualitative methodology to understand variations of necrophilia which were defined by Dr. Anil Agarwal so as to improve medical science and for evolution of better treatment but the author found that corresponding laws in India are not such that which could effectively protect dignity of the dead and punish the offenders who are not likely to suffer from any disease rather just acting as opportunistic. Necrophilia can also result in several other sexual diseases which could not only affect the person in direct contact with the dead but also other persons who are sexually connected to the person suffering from necrophilia. The studies of various researchers and the previous cases shows us the changing mindset of necrophiliacs due to social, economic and other factors but has failed to come to a proper solution that too because of the no meeting point of the medical science and law. So, further the author has tried to use quantitative methodology to suggest some solutions to improve the legal perspective towards necrophilia. Modifications and drafting of new provisions are required from time to time but the slighter knowledge of this issue and less care towards this issue would cause serious harms in future, that is why the author has attempted to study all the factors and comparative laws of different countries by mixed method methodology to propose some of the changes required in Indian laws.Keywords: Necrophilia, types of necrophilia, Love for dead, Liability for Necrophilia, crimes against dead.
Somya Mangal
Rajiv Gandhi National University of Law, Patiala, Punjab, India
Abstract. Over the past two decades, there had been sweeping changes in the technological landscape and it has been recognized as a significant tool for solving criminal cases and collecting evidence. Modern cell phones and digital devices are equipped with many technological innovations giving way to storage of innumerable personal information which is accessible through voice command or can be accessed through a single hand. This paper while analysing an article named “Admissibility of Forensic Cell Phone Evidence” authored by Timothy M O’Shea and James Darnell explores the very idea of Cell Phone Forensics and its admissibility in the Courts in context of the legislative provisions and practices followed in United States.
Shriya Chakka
National Law University, Visakhapatnam (DSNLU), India
Abstract. The Internet is the most powerful network as it has the connectivity capacity at a towering speed and the main application of the Internet is e-commerce. As Internet grows, several legal issues arise. A business name is identified through a domain name in the Internet, which is generally the trademark of an existing business. A domain name is part of the address, which is assigned to each and every service on the Internet. An illegal usage of this domain name is called as Cybersquatting.This paper has varied aims, which have been discussed separately in several heads: Firstly, the main aim of this paper is to analyze the infringement in the internet realm; Secondly, to show the inter-relation between the IP law (trademark) and the Cybersquatting; Thirdly, what are the various classifications of cybersquatting; Fourthly, what is the governing law and the legal pattern of the cybersquatting; Fifthly, what is the policy adopted for resolving cybersquatting; Sixthly, what are the three essential ingredients and the procedure of mandatory proceedings; Lastly it ends with the suggestions in the legal regime and the conclusion.
Mugdha Badge
Maharashtra National Law University, Nagpur, India
Abstract. Modernization has made the unbreakable bond of sacred marriage open for divorce, leaving plenty of adverse effects on children. The research paper discovers impact of divorce on children, with special emphasis of psychological and social problems faced by them. Reasons for divorce largely affect the future life of children, which is analyzed in the research work. Most of the parents’ divorce because of their personal reasons, disregarding interest of their children who have to suffer for rest of their lives. The research paper revolves around children, whose parents are divorced and are living apart. Divorce of parents is the most heartbreaking situation for the child. The court of law has attempted to help such children, by developing new doctrines and implementing rules, which either reduce chances of divorce or ensure that child gets proper care and protection by both parents. Judgements by the Supreme Court and various High Courts are analyzed by the researcher, giving special notice towards the issue of custody of child. The research paper analyses the ‘doctrine of best interest of child’ and suggests for shared parental responsibility. The researcher concludes by suggesting increased application of alternate dispute resolution mechanisms in family matters, so that parties have a win-win situation in the judgement and preserving happy memories in life of children.
Mohammed Irshad, Divya S
National University of Advanced Legal Studies, Kochi, India
Abstract. In the current crisis, where the entire economy is in a standstill, appreciating, and incorporating new ideas to the legal education system has become imperative. And there is also another mandate that such new ideas should not truncate the importance of the existing pedagogical system. Technology is an enabling mechanism. It's not an end in itself. It can be used effectively to enhance the standard of existing setups.Authors herein are endeavouring to elaborate as to how we can incorporate technology in every aspect of legal education on the pretext of the current COVID 19 Crisis. We are trying to expound how technology can be utilized for continuing and improving legal education, which has halted at present. firstly, how virtual learning can be used to globalize legal education by replacing various activities like foreign exchange programs. secondly, how can technology be used for continuing clinical legal education? Thus, the authors herein, for that purpose, recommend an “In-house online live clinic” in the Universities. The authors further expound the viable option of conducting online moot courts and demonstrates how important it is to take forward the online platform to the future.And finally, authors are also trying to explain the dwindling cost of legal education, when it is more technology-centred. We argue that technology linked legal education will decrease the cost associated with it, and urge for making productive use of the technology during this testing time and push forward the platform to the Post corona legal education.Keywords: Legal education, Pedagogy, technology, Cognitive learning skill, clinical legal education, cost of legal education
Monidipa Sengupta
Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, India
Abstract. The last decade has seen steady progress in the field of artificial intelligence but despite such progress, there is a scarcity of regulation regarding the same. Such scarcity arises out of the fact that artificial intelligence systems display the ability to communicate, mental knowledge, physical knowledge and creativity, all of which are hallmarks of intelligence without needing human intervention in decision-making. It is due to such display of intelligence that artificial intelligence systems have the capacity to be involved in situations where the question of legal liability arises.Due to the display of previously mentioned autonomy and intelligence, it is unfair for such liability to be assigned to either the developer or user of the system, as the system is capable of making a plethora of decisions without any human intervention. The author would like to explore the possibility of extending the scope of legal personality to artificial intelligence systems in a bid to suggest a rudimentary regulatory mechanism for assignment of legal liability to artificial intelligence systems. A thorough examination of the jurisprudence of legal personhood shows us that the scope of legal personality can be extended to artificial intelligence systems as they display analogous characteristics to other artificial legal persons based on which these entities had been granted legal personhood in the first place. This is necessary for the assignment of legal liability arising out of decisions made independently by AI systems as no national or international law recognises them as the subject of law.
Aman Raj Singh Bajwa
O.P. Jindal Global University, India
Abstract. Bailment is an immensely vivid aspect of law as it is not entirely covered in just one subject of law. Essentially, bailment is delivery of goods but after much perusal one can say that it covers much more than mere delivery of goods. It is an amalgam of contract, property and tort law. Since, in most cases bailment arose out of a valid contract, it was believed that contract was an essential pre-requisite for the creation of bailment and it could be seen in judgments like ‘R v Ashwell’ and ‘Banbury v Bank of Montreal’. Earlier, ‘consent’ and ‘contract’ were pre-requisites for a valid contract of bailment. Further, the bailor could earlier sue in detinue for wrongful detention. Bailment, as we see it today, was much less complex earlier as it had not developed completely. With the course of time, the concept of bailment grew deeper and wider. One aspect of bailment that is bailment without consent and contract developed and continues to develop ambiguously. It is this aspect that the paper is centered around.
Ritika Raj
Adv. Balasaheb Apte College of Law (Mumbai University), India
Abstract. Artificial intelligence, in medical science, refers to tools and devices that are capable of making decisions which a competent doctor would make while diagnosis and treatment of patients. Current research in the field of artificial intelligence shows that it is capable of interpreting radiology results with accuracy and can also diagnose diseases like diabetes efficiently. With various innovations being made in robotics, it is also possible that the world could witness a fully autonomous robot doctor in future. But as the scope of artificial intelligence increases and the possibility of a robot doctor comes into picture, the need to analyse the liability of artificial intelligence in case of medical negligence becomes imperative.Keywords: Artificial Intelligence, Negligence, Vicarious liability, Contractual liability, Joint Liability
Panchami Pranesh
University Law College, Bangalore University, India
Abstract. Persons who identify themselves as Lesbians, Gays, Bisexuals, Transgenders or Intersex (LGBTI) are subjected to hate-motivated violence, discrimination and oppression in all regions of the world. They are secluded, forced to live in isolation and deprived of participation in the mainstream society. The root cause of such rejection of the community is the presumption that LGBTI people are sick, mentally ill or abnormal. For centuries, it has been iterated that LGBTI people need to be “cured” or “fixed” off their homosexuality and convert to heterosexual or cisgender. Through this article, the author throws light upon the various harmful practices carried on under the term “conversion therapies”. Despite the fact that these practices have no scientific basis and have proven ineffective, these practices are widely perpetrated by both State as well as non-State actors in various regions across the world. By means of this article, the author tries to explain and elaborate the meaning of conversion therapies and the nature of the wide range of practices followed under the term. The author also tries to draw attention towards the consequences of such practices which result in extreme pain and suffering, both physically and psychologically, which include feelings of self-disgust, depression and suicidal thoughts. Although it is the obligation of the States to prohibit and repeal laws that allow the unethical practices of conversion therapy, several States continue to propagate them. “Conversion therapies” are inherently discriminatory and amount to torture, cruel and inhuman treatment of the individuals belonging to the LGBTI community. The practices of conversion therapy have not only proven to be extremely harmful and torturous, but also encourage further stigmatization of the LGBTI community. Through this article, the author implies the importance of and the urgent need to criminalize the practice of conversion therapy.
Gaargi Tomar
University of Petroleum and Energy Studies, Dehradun, India
Abstract. Since, marriage is a union between two individual (who become and husband and wife) but now the society today consider gay marriage as sick and this is the reason Gay marriage is one of the issues where society refuse to accept or to deal with it and also LGBT people are not entitled to some of the constitutional rights such as article 14,15 and Article 19 including Right to life of constitution.We will be also discussing about the cases on same sex marriage which is Naz Foundation v. Govt. of N.C.T. of Delhi Naz Foundation v. Govt. of N.C.T. of Delhi and Navtej Singh Johar, a dancer who identified as part of the LGBT community, filed a Writ Petition in the Supreme Court in 2016 seeking recognition of the right to sexuality, right to sexual autonomy and right to choose of a sexual partner to be part of the right to life guaranteed by Art. 21 of the Constitution of India (Constitution).There are 13 countries where same sex marriage is accepted and what must be considered is that each and every have our own free will we can do whatever we want to do and by denying gay marriage we are discriminating gay people.
Kaushiki Keshari
ICFAI Law School Dehradun, India
Sonalika Gupta
Amity Law School, Lucknow, India
Abstract. The pandemic is a crisis that has affected every part of the world. The outbreak of virus has already caused unprecedented destructions of nature by human activity. Various webinars, articles, research papers has been published by focusing the problems faced during the crisis. As we are aware with the quote that “there is no use of talking about problems unless you talk about the solution for that”. Therefore leaders and experts around the world are calling for a profound systematic shift to more sustainable economy that focuses on both people and planet. The main aim of writing this article is to mention all those opportunities which we can carry in the post covid-19 era. We must ensure the lessons are learned during this pandemic should make us more sensible towards forming the policies for upcoming future as this pandemic has given a strong message to focus more about people and planet. Although we have seen significant challenges in the past few months therefore we need to grab these opportunities to get the country on the same track and make it more developed than before. We have discussed various constructive through which we can shift towards the sustainable economy system.
Ketan Swaraj Nair
University of Petroleum and Energy Studies, Dehradun, India
Abstract. Industries are the principal source of chemical emissions and pollution. They have a responsibility assigned to them by law under which they are expected to carry their operations in such a manner that any degrading effect on the environment must be maintained at the minimum level. Corporate greed and relentless competition coupled with the desire of the company for maximum market capitalization lead them to overlook this environmental regulations. There has been several instances by various corporations over the period of time which depict the importance of environmental regulations its desertion by corporations and the consequences. If any corporate body commits an environmental crime it is known as 'corporate environmental crime'. The crime may occur if the corporation is outright ignorant of the environmental obligations imposed or it is a result of deliberate and intentional illegal act, a decision taken in the full knowledge that the act is illegal and will result in environmental harm.Environmental pollution causes degradation of the quality of life and also causes various diseases. It is of paramount importance that the corporations are invested in the sustainable development goals and shall have ethical practices directed towards their emissions and carbon footprint. In this paper we will try to analyze the practices of various corporations in relation to the environment, instances of the violation of regulations and the regulatory framework for the matter present in India and the foreign regulations and laws that shall be incorporated into the Indian scenario for a more robust environmental regulation in India.Keywords: Corporate Environmental Crime, Emissions, Volkswagen, Sterlite Copper, Environmental Law.
Saumya Giri
Dr. Ram Manohar Lohiya National Law University, India
Abstract. The Indian Constitution through Fundamental Duty, which was added by an amendment in 1976, prescribes to have “compassion for living creatures”. In order to use this particular notion in actual legal practice, various judgments, provides a glimpse of the current debates in India and across globe that address the relationships between humans and animals together with animals status in present legal regime. In The judgment in hand explicitly mentions ‘compassion’ towards animal kingdom covering diverse issues, concerning stray dogs, trespassing cattle, birds in cages, bull races, cart-horses, animal sacrifice, etc. This even collates a discourse on compassion as an emotional and moral attitude, and also about legal rights, essentially the right not to suffer unnecessary pain by virtue of human conduct. In the present judgment, various prominent religious figures such as the Mahavira, Buddha etc., are given special mention, perhaps not so much in reference to their religion, but rather as historical icons on the same footing as Mahatma Gandhi of an idealized intrinsic Indian compassion that is devoted towards other living creature. Along with this various jurist has also been referred to in order to deduce the conclusion that how come an animal kingdom be covered under the ambit of juristic person.
Manvi Jain, Nikita Jain
School of Law, University of Petroleum and Energy Studies, Dehradun, India
Abstract. The IBC, 2016 is a landmark development in the dynamic world of resolution of stressed assets laws in our country. The Insolvency and Bankruptcy Code, 2016 is the bankruptcy law of India which seeks to consolidate the existing framework by creating a single law for insolvency and bankruptcy. The research paper analytically encapsulates the principles and the legal framework of the code in reference to COVID 19 pandemic. The Central Government owing to the widespread impact of COVID-19 on the economy, promulgated the IBC amendment ordinance, 2020.The purpose of this paper is to examine impact of COVID 19 pandemic on Insolvency and Bankruptcy code. This paper also highlights how IBC amendment ordinance, 2020, is highly resourceful in improving India’s image on the global stand. In line with that, the paper also analysis the implementation of ordinance, 2020 in India in respect of current situation of Indian economy. The research paper will also make the reaffirmation regarding the validity of the said amendment as per stakeholders. A laborious effort will be made to check on various challenges faced, and the numerous advantages of emendation in India. Furthermore, a study is also conducted on some International Jurisdictions to showcase their steps in reforming their respective statutes amidst COVID 19. At last, in concluding part an effort will be made to provide some suggestions for amelioration in IBC amidst COVID 19.Keywords: Insolvency, Bankruptcy, COVID 19, IBC Amendment Ordinance, 2020, International Jurisdictions.
Debasmita Bhattacharjee
School of Law, CHRIST (Deemed to be University), India
Abstract. “Starting, as from one terminus of history, from a condition of society in which all the relations of Persons are summed up in the relations of Family, we seem to have steadily moved towards a phase of social order in which all these relations arise from the free agreement of Individuals”, said Sir Henry Maine. Dominating the global market with the doctrine of the freedom of the will, the laissez faire economy changed the world view on how their businesses should operate. Parties were given choice to introspect their commercial interests and form their own contracts. With the freedom to incorporate almost any clause into their contracts, with the further added rapid industrialisation, it was just until a matter of time when standard form of contracts left a dearth in the bargaining power of the consumers, most especially common while excluding contractual liability.Contractual law states that parties are bound by the clauses, they have consented to, and only to the extent provided for, even if such consent was given while someone was absent minded. However, to the relief of the consumers, the Judiciary has sought to lean towards a more welfare oriented approach. By devising canons of contra proferentum and fundamental obligation, the Courts exclude themselves from otherwise applying the general rule of strict interpretation of the contract, when the terms are carefully placed at the extreme disadvantage of a consumer.The author while analysing into the judicial doctrines, will further dwell into how the countries of England and the United States, along with India, have responded to the emergence of unreasonable exclusionary terms, to highlight the varied consumer welfare approaches applied by these countries.
Anandita Singh
University of Petroleum and Energy Studies, Dehradun, India
Abstract. Since days of yore, marriage has consistently been seen with extraordinary veneration and is viewed as the most extreme social foundations in the human culture. It has reliably existed in some structure in each culture, ensuring social endorsement to a physical connection between a man and a woman and setting up the system for the setting up of the family is viewed as the basic unit in every society.Marriage may be demanding and distressful for weak people, which may incite the blossoming of psychological health issues. Major mental issue issues may be the explanation or effect of intimate disharmony or matrimonial disputes.Difficulty in a relationship can provoke harming responses in the body, for instance, changes in longing for and expanded arrival of stress hormones, irritation, all of which can impact different aspects of prosperity, running from heart capacities to rest of the resistant arrangement of the body. Intimate conflicts conflictingly impact prosperity for the wedded couples.Hence, regardless of whether marriage is viewed as a respected association, it is no not exactly a day to day existence influencing decision, consenting to be an aspect of the foundation of marriage is both empowering and testing. A lot of couples foresee that marriage would deal with a huge amount of issues, when in all actuality it seldom works that way. Couples should be encouraged to discuss their wants and desires from the association delivered by marriage.Keywords: Mental health, marriage, matrimonial dispute
Viraj Raiyani
NMIMS Kirit P Mehta School of Law, Mumbai, India
Abstract. The Indian Contract Act, 1872 has contained in it the very important concept of a contract of guarantee and in these provisions lies section 134 and 137 as well which discusses the possibility of the creditor to forbear enforcement of his right against a principal debtor after he defaults. This forbearance can be thought as consideration for the contract but the duration of this forbearance may be viewed with some uncertainty. This paper aims to deal with the same issue with analysing the interplay of the Indian Contract Act and the Limitations Act, 1963 while discussing the result of forbearance past the time period stipulated by the statute of limitations; which has not been previously dealt with and therefore can lead to a enhanced understanding of the concept of forbearance.Keywords: Indian Contract Act, Contract of Guarantee, Forbearance, Limitations Act.
Samiksha Pandey
Ajeenkya DY Patil Law School, India
Abstract. The short article is written to study and understand what is the working of the IBC in relation to the NCLT. The paper aims at outlining the major procedures that are incorporated while an insolvent/bankrupt company has to come to its resolution process. The paper talks of the importance of having a proper insolvency code, that can help companies that are in need of such laws because at the end the creditors are the ones who succumb to a lot of losses. This paper also focuses on the concept and reality of oppression of stakeholders. The minority stakeholders that do not contribute to a sizeable amount but are still important, have been facing a lot of problems. This paper promotes the need for corporate governance and good working environment. The readers through this paper will get an insight into the corporate laws and world that run the financial segment of our country.
Anushka Murugkar
O.P. Jindal Global University, Sonipat, Haryana, India
Abstract. The paper attempts to address the lopsided delegation of responsibilities and accountability ascribed to the Agent, vis-a-vis the Principal, by assessing and critiquing some of the relevant provisions of the Indian Contract Act, such as Section 222 to 225. It is argued that that the dilution of responsibility and myriad of protections provided exclusively to the Principal, exposes the Agent to facing multiplicity of law suits, being tricked out of the employment contracts and remunerations due and endows the Principal with ungirded power to exploit his position. In order to analyze such a discriminatory balance of power in the relationship of Agency, the paper has briefly discussed the jurisprudential understanding of the stated provisions and the doctrine of Agency in the Contracts Act. Followed by this, various provision of the Contracts Act has been assessed with a detailed discussion on the case laws from both Indian and Foreign jurisdictions. Doctrinal discussions such as on the ‘Doctrine of good faith’, tortious liability, Respondent Superior etc. have been undertaken to present the lacunae in the current provisions within the Contract Act. The paper has also tried to study and compare the ‘law on Agency’ in America and certain areas of the European Union to the Indian law and argued for the inculcation of certain interpretations, provisions and principles from these foreign jurisdictions within Indian law to increase the protections afforded to the Agent against the Principal. Arguments have been presented in the paper to draw the attention of the judiciary to this issue in order to commence deliberation on such lopsided legislation. Finally, the paper attempts to provide with alternative methods and additional methods, by relying on foreign jurisdictions to create a fair and comprehensive doctrine of Agency in India.
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Abstract. It is referred by British Raj that during the period of 1858 and 1947AD when the South Asia (or one can say the present-day India, Bangladesh, Pakistan, and Myanmar) was under the colonial control of the United Kingdom as part of the British Empire and rules by the British crown. In India, the East India Company established the court-rooms of British style in the year 1775, in which the local native settlement methods and controlled procedure of settlement in the court were neglected by the British, during the period of British law courts. Party controls over the growth of evidence in process has conventionally been an important distinctive feature of the American, British and Indian systems in comparison to the Continental European systems of Germany and France, and former colonies influenced by models of greater judicial control . The judiciary system of India has both the horizontal and vertical dimension structure which is more precisely detailed as a pyramid, arguably a comparatively flat one.Judicial process is of two types: 1) Inquisitorial Judicial Process and 2) Adversarial Judicial Process. This paper will analysis whether there is a need to move from adversarial legal system to inquisitorial legal system?
Yamini Gurjar
Alliance University, India
Abstract. Cheque Dishonour is dealt under section 138 of the negotiable instruments act 1881. The provision penalizes dishonour due to insufficient funds. India has been using this provision since 1988. But lately, the government believes that the provision has fulfilled its original target which was to prevent people from dishonouring cheque and secure credibility of the cheques. Currently, 20% (approx. 4 million cases) of the total cases presented in the Indian courts are related to cheque dishonour. Hence, we look back at this decision; we can observe that criminalization has not proved to be as successful as it was estimated to be. Therefore, the government proposes to decriminalize it. This proposal has gathered support and opposition from every corner.This paper discussed the development of the cheque dishonour law in India and how the government has always been inclined towards bringing this amendment. The paper tries to analyse the effect of this decision. The paper finally tries to answer whether this decision is the right course of action.Keywords: Cheque, Dishonour, Decriminalization, Amendment, Negotiable Instrument
Anshu Maheswari
O.P. Jindal Global University, India
Abstract. The Law of Evidence, has changed and updated itself with regards to the technological developments and scientific methods of getting evidence. However, with these developments of technology and science, it is important to understand the characteristics of these developments as evidence, and attribute the value of it being admissible in courts of law of different countries. This paper will aim to understand the nature of certain forms of scientific methods of evidence and its admissibility in courts of law. A comparative analysis of the veracity of such evidence, in the courts of India and United States of America will be provided so as to understand the position of these two countries in admitting or not admitting these forms of evidence in their criminal justice system in particular.
Sidrah Jami
Amity Law School, Noida, India
Abstract. Cyber Terrorism is one of the most alarming issue in India and across the world. The paper focuses on the concept of cyberterrorism and how it evolved so rapidly worldwide. Firstly, the paper pro-vides an introduction to the cyber warfare and cyberattacks and focuses on the evolution of cyber terrorism. Secondly, the paper emphasis on cyber-attack, definition of cyber terrorism and cyber threats which can be characterized as cyber espionage, cyber warfare, cyber terrorism and cyber-crime. Thirdly, the paper focuses on the modes of cyber terrorism like computer system, encrypted programs, satellites, worms and on reasons of growth of cyber terrorism. Fourthly, the paper focuses on cyber terrorism given under Section 66F of Information Technology Act 2002 and various other Indian Laws like the Indian Penal Code 1860. Fifthly, the paper deals with the challenges to the national security of India and the response of the government. The last section of the paper provides a conclusion and strategies for cyber defense to combat the issue of cyber terrorism all across the world.
Harini S., Sruthi Lakshmi V., Varsha
School of Law, SASTRA Deemed University, India
Abstract. This paper has in deep dealt with the juvenile justice system in India, the juvenile justice (Care and Protection) Act of 2000 being the basic legal framework for juvenile laws in India which primarily focuses on children who are in conflict with law and children who are in need of care and protection. The authors in this paper have stressed on the first kind of juveniles. The 2012 Delhi gang rape case has triggered various changes into the existing juvenile laws. The paper also chalks in detail about the amendments made in Juvenile Justice Act, 2015 and how reformative has it evolved to the previous Juvenile Act in 2000. The paper also unravels about the causes of juvenile delinquency and has addressed the general question of whether mental sickness is the sole reason for their criminal acts. A comparative study of juvenile laws in India and other countries across the globe is made. The authors have tried to answer the burning question regarding, lowering the age of criminal responsibility and also emphasized on how important it is for the judiciary and the human rights to go hand in hand to solve this issue and to reduce the crime rates effectively.
Rukmini Mukherjee
Independent Advocate practicing in New Delhi, India
Abstract. The enactment of the Insolvency and Bankruptcy Code 2016 ( hereinafter referred to as “IBC”) and the Goods and Services Act 2017 ( hereinafter referred to as “GST”) were hailed as watershed moments in the legislative history of economic laws in India. The introduction of the said laws were welcomed as much needed reforms in the sectors of insolvency and the tax regimes of the country and were thought to increase the overall ease of doing business in India. Leaving aside the debate on whether such laws have indeed reformed the economic laws, not much attention has been paid to the interplay between the IBC and the GST Act particularly when a corporate entity being prosecuted under GST Act is admitted into the corporate insolvency resolution process. This short Article aims to bring forth a legal grey area regarding the potential conflict that can arise between the GST department acting under the GST Act and a Resolution Professional acting under the IBC, with respect to the possession and custody of assets of a firm which is undergoing the Resolution Process , while the entity is also being prosecuted by the GST department. At first, this short Article will be looking at whether the moratorium laid down under Section 14 of the IBC would apply to proceedings instituted by the GST department. Thereafter it would highlight the difficulties that may arise when the GST department decides to prosecute a corporate debtor under the GST Act 2017, and during such prosecution, the corporate entity is admitted into corporate insolvency resolution process and the effectiveness of such procedure.
Somepalli Alekhya
Alliance School of Law, Alliance University, Bangalore, India
Abstract. Sea piracy is one of the oldest concepts present in the international law. It has been talked about since the 1400’s. Recently this issue has remerged and has been threating international safety and security along with trade and commerce. The main affected areas are the Gulf of Aden, off the coast of Somalia and Yemen. Between 2006 and 2010 nearly 1600 ships were attacked worldwide and securing goods of value reaching millions of dollars according to the ICC commercial crimes service department. This paper deals with the existing legal regime. This article mainly focuses on the United Nations Convention on Law of Sea, 1982 and Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 1988 along with understanding the role that international institutions play in combating piracy.Keywords: Piracy, UNCLOS, SUA Convention, IMO, IMB, Somalian Piracy.
Pavan Kumar R.
Pursuing MBL from NLSIU, Bengaluru, India
Abstract. The Organization for Economic Co-operation and Development (OECD, Originated as Organization for European Economic Co-operation: OEEC in 1948) was founded in the year 1961 with an intention to encourage economic progress and world trade by way of putting an end to the strategy planning of several multinational companies who have implemented meticulous tax planning methods to shift profits to lower tax jurisdictions, destroying the tax base of the higher tax jurisdictions, by exploiting the gaps in tax rules and avoid paying taxes. This process is termed as Base Erosion and Profit Shifting (BEPS). This is an alarming issue because of the reason that there are several countries that have designed their tax policies in such a way that they look lucrative to foreign investors. Even though on the first instance, they appear to profit the investors, but on the long run are highly dangerous as they impact the economy of countries in a very bad way.Recently, India has also made several amendments in its domestic laws and treaties to bring them in line with the BEPS recommendations. Further, in a developing country like India, it is also vital to balance the implementation of BEPS recommendations, while continuing to be an attractive investment destination for foreign investors as well. The relevance of BEPS is from an India outbound as well as India inbound perspective. The BEPS project is extremely relevant for India, especially the action plans dealing with treaty abuse and transfer pricing. The main objective of this paper is to critically evaluate the OECD tax model with regard to Base Erosion Profit Shifting in India and its impact on tax policies in India. The BEPS project is extremely relevant for India, especially the action plans dealing with treaty abuse, permanent establishment, and transfer pricing documentation and country-by-country reporting. The relevance of BEPS is from an India outbound as well as India inbound perspective.
Pallabi Paul
Department of Law, Assam University Silchar, Assam, India
Abstract. In this paper, the author has made an attempt to highlight the aspects of Article 21 which includes the Right to water. As we know water is the most important of the elements of nature and is required for the survival of human life. Here a brief overview has been made with regards to Resolution 64/292 that is related to the liberty to drink water. Furthermore, an explanation has been made on the Right to water v. Right to clean water-A Fundamental Right along with Hohfeldian Analysis along with Judicial Pronouncement.Keywords: Water, freedom, right, disinfection, sterilization.
Nikita Das
Privacy Counsel, Cognizant Technology Solutions, India
Abstract. “Big data” refers to the innovative manner in which private and public bodies, involve variety of data collected digitally from various sources and use to predict human behaviour or to study the relations between the data. While these Big data algorithms provides significant benefits economically, it also involves a lot of privacy concerns for individuals. This paper will study the concept of Big data in detail in context of its relationship with privacy of individuals. Largely, organisations collect and process huge volume of personal data which they benefit from and which implies that these entities, in the absence of specified regulations control the social order and intend to turn into a digitally dictatorship society. Moreover, it will focus on the constitutional provisions that governs such algorithmic analysis with respect to data privacy. In addition, it will be comparing laws of global jurisdictions to understand their approach in the context of regulating the Big data analysis and conclude by suggesting a reasonable approach that can be taken by the government body to ensure protection of privacy of individuals in this evolving digital world.Keywords: Big Data, Data Privacy, Artificial Intelligence, Digital
Som Dutt Vyas
Maharashtra National Law University, Aurangabad, India
Abstract. Real Estate sector is one of the most important sectors in Indian context with respect to the demand and supply of the same, it is certain that disputes are bound to distrupt and overhaul the said industry in various facets of the basic institutionalisation of Real Estate business as a whole. To combat such disputes which range from being trifling to being that of much more incidental approach, it is the devoir of utmost importance for legal fraternity to embark upon the certain mechanism to combat such Disputes.In commonplace, dispute can be defined with utmost brevity as a Disagreement over the existence of a legal duty or right, or over the extent and kind of compensation that may be claimed by the injured party for a breach of such duty or right. One of the most ardent and paramount facet of law as a subject is to ensure social justice and civility amongst the society as a whole, to maintain a peaceful and merrier society it is supremely important for all the 3 pillars of Justice i.e. legislature, executive and judiciary and to ensure a staunch and effective mechanism for combating against Disputes and related conundrums which can be resolved by Dispute Resolution rather than the archaic method of litigation.Dispute resolution primarily refers to one of several different processes used to resolve disputes between parties, including negotiation, mediation, arbitration, collaborative law, and litigation.Furthermore being a part of legal fraternity, and being a pupil of law which is a transcendental discourse of Day-to-Day life, it is my utmost and prime duty to divulge my thoughts and to research in various aspects of the Legal picturesque .Henceforth in this paper, I would be dealing with one particular field ,i.e. Dispute Resolution Vis-à-Vis Real Estate Industry from the vast arena of Dispute Resolution as a contemporary trend in the legal fraternity. My paper will include certain key elements, through which I will try to shed some light on the emerging trends and issues with relevance to my topic of research paper. These pointers being:- (1) Evolution of Dispute Resolution as a subject of Law. (2) Contemporary aspects of Dispute Resolution as an alternative to litigation in case of Real Estate Disputes and the significance of RERA. (3)Effectiveness of this alternative as to the archaic and age old method of litigation as a means for settling Disputes. (4) Certain case studies and landmark case laws in the evolution of Dispute Resolution with reference to Real Estate issues. (6) Pros and cons of RERA with respect to Dispute Resolution as an definitive mechanism for combating Issues regarding Real Estate sector. (6) Why Dispute Resolution is need of the hour in the pandemonium of legal transcendence. (7) Other relevant research subjects in furtherance to the topic of my paper.Lastly through this piece of research work I would further like to add certain quintessential aspects of nuanced jurisprudence in the realm of ever-growing demand for Dispute Resolution as a beacon of new hope in the current legal pandemonium.Keyword:- RERA, Alternative Dispute Resolution, Unregulated Sector, Centralized Grievance Redressal
Khuloos Aziz Chawla
Amity Law School, Noida, Amity University Uttar Pradesh, India
Abstract. The environment is the critical part of one’s life. The habitat we live in, the surroundings all of that is impactful in our live. The famous area in heart of South Delhi, that is the Hauz Khas which was once, considered as the hub of restaurants, bars, clubs cafes and eateries. The night life here was one of the most hyped. The recent case of Hauz Khas Eateries being closed on the order of high court was all over. This happened in the beginning of year 2020, in the month of February the judgement came to close approximately 120 outlets in the area. The area was one of the narrowest and the steepest. The restaurants were one on the another with no, “no objection certificate” making it not legal. There were no boilers, ventilation system, the water was also drawn from ground water without the permission of the competent authorities and no effluent plant treatment. The other problem which arose was the area was so thin, that if any emergency arises to call the fire brigade, then it would not be possible to let it in the lane. The case was earlier filed in the national green tribunal and then one writ was filed in high court followed by the public interest litigation. So, the national green tribunal also directed to close 33 eateries, rest were directed to develop effluent plant treatment before starting the outlet again and were fined too. The special committee was also established by the same court to supervise and monitor the working. The case study mainly focuses on the environmental issues associated along with the analysis of environmental laws being infringed. Lastly, the conclusion is drawn towards to help the unemployed people due to this decision by creating an environment friendly eatery hub.
Kritika Singh
Assistant Professor and Member of Centre of Corporate Governance at National Law University, Jodhpur
Abstract. The movement from isolated world to interdependent world and now the interconnected world has been facilitated by technological advances. The competitive strength of these online businesses is also increasing and it is being determined by the amount, variety and quality of data these companies possess. The new data economy is where there is the rise of ‘multi-sided’ platform-based business models and the growing importance of cross-market digital ecosystems has become a game-changer in the world and these markets are heavily dependant on acquisition and monetisation of personal data of users. Several legal experts and policy critics have recently called on the antitrust regulators to incorporate data ownership into their mergers review and potentially anti-competitive practices.The purpose of this research builds on the implied presumption that the Indian Competition Law in its current form has not captured in entirety the recent developments brought by Big data and digitised markets and the economic complexities that have resulted from the same. The research will attempt to draw analysis from various jurisdictions in the global developments and provisions concerning Big data and to see whether Indian Competition Law has the flexibility to include e-commerce and Big Data issues in our existing framework of competition laws and regulations or do we need to amend our laws specifically to deal with what digital markets necessitate to ensure fair play in the market.Keywords: Big- Data, competition Laws, Merger, Digital Platforms, Abuse of Dominance
Sutanuka Sinha Ray
School of Law, KIIT (Deemed to be University), Bhubaneswar, India
Abstract. The tension between the Ukrainian army and the pro-Russian separatists of the Donetsk People's Republic and Luhansk People's Republic, which declared independence in 2014 with military support from Moscow, shows no sign of abating. Despite the Minsk ceasefire agreement, conflict continues to affect everyday life; the hiss of bullets flying overhead and the crack of far-off sniper fire are familiar sounds. The regular Ukrainian army patrols the trenches and fights on the front line because pro-Russian snipers are positioned nearby. Along the 400 kilometers of the Donbass "contact line" the fighting continues, while thousands of civilians are trapped in the villages nearby. They still live in what remains of their homes. In this no-man's-land, where internal fragmentation and international isolation have caused this wearying conflict to be forgotten, people continue to die. And civilians live every day as the last.In this paper the author would like to elucidate the matter and throw a remedy of light in the on the ongoing crisis in the conflict zone.In the first chapter the author will analyze the cause of the conflict, tracking back to history of Minsk ceasefire agreement. Then in the next chapter the author will focus on the Living condition and the hustle that the civilian has to face because of the conflict. In the third chapter the author will try to give a focus on the humanitarian crisis of the conflict zone along with the war crimes that has been committed. In the next chapter the author would like to kingpin the ongoing refugee problem in that conflict zone.Finally the author would like to conclude in the final chapter on the humanitarian response of the conflict zone and different approaches of different international organization towards this.Keyword: War, International isolation, Protection of civilians, War Crimes, Refugee.
Sanjana Nayak
Symbiosis Law School, Noida, Uttar Pradesh, India
Abstract. There is nothing inherent in a system of administrative justice that renders it either superior or inferior to the system of legal justice administered by courts. It is important, however, to recognize the intrinsic differences between administrative and legal justice. The cornerstone of legal justice is due process. Outcomes are considered just to the extent that they were attained by way of fair procedures. In a very real sense, having one's day in court is the essence of legal justice. Administrative justice, by contrast, is arrived at by way of a more open-ended and fluid process. Though the fairness of administrative process is often an important consideration, the principal justification for administrative action is its rationality. A responsible and honest system of administrative justice is as capable of serving the interests of a free people as a federal "judiciary of high competence and character." By the same token, an unaccountable system of administrative justice is as dangerous as an unprincipled judiciary. Safeguards are needed to ensure the faithful prosecution of the people's business by agencies and courts alike. The author believes that institutional safeguards of a nation’s system of administrative justice have been seriously weakened by excessive delegation and that judicial review by the court is played out like a cynical shell game, in which the government always wins, and the institutional checks and balances of administrative power are proven to be ineffectual, thereby stressing upon the need of ensuring the doctrine of excessive delegation to ensure due process.Keywords: Administrative Law, Courts, Delegation, Due process, Judiciary, Justice.
Khyati Kumari
School of Law, KIIT (Deemed to be University), Bhubaneswar, India
Abstract. Companies Act 2013 was introduced and became a benchmark legislation This act of Companies Act 2013 is more outward looking and was framed basically so that to improve and to bridge the gap and the differences which would be in Companies Act 1956. Companies Act 2013 was made with the view that transparency level can be raised, interests of the investors can be protected, efforts were made so that we can align with international requirements. In companies act, 2013 efforts were also made so that corporate governance norms are strictly complied with. This article will focus on Companies act, 2013, rationale behind introducing companies act 2013 and comparison between Companies act 2013 and Companies act 1956 and will also highlight the concept of corporate governance and Insider trading.
Sneha Srivastava
Banasthali Vidyapith Rajasthan, India
Vedanti Sharma
Banaras Hindu University, India
Abstract. The article deals with the detailing of impact of Corona virus on education sector across the world and the strategies to enhance online learning for easiness of students. Universities and schools are places where students study and live in campus surrounding with each other. Currently, this surrounding has been affected by rapid spread of pandemic virus Governments of every country have closed the educational institutions on temporary basis on order to stop or minimize the spread of corona virus. Efforts to stop the spread of corona virus through protective measures such as self isolation and social distancing have lead to closure of schools and universities across the world. The pandemic corona has affected the education sector across the world. The closure affected 70 % of student’s population. By 18 May, 2020 nearly 1.8 billion students are affected due to closures of schools and institutions. UNICEF said 191 countries have implemented closing of schools and universities and 5 countries have closed local schools. The closing does not only affect families, teachers and students but also it affects society and our economy.Cities that have been implemented such rules had not reached to peak of mortality rates. But the effectiveness will only be shown when students contact less outside also. Strategies to overcome the problem of education sector can be establishing digital learning and digital skills of students and teachers.Keywords: Corona virus, Education Sector, Students and Digital Learning.
Gauri Anil Tote
Marathwada Mitra Mandal’s Shankarrao Chavan Law College, Pune, India
Abstract. The present piece of work deals with the impact of the global pandemic COVID 19 on the bonds of family relations. Family love and care forms an intrinsic part of human rights for every individual recognised under various international instruments and by the Indian Judiciary as well. The purpose of this work is to unveil one such aspect of pandemic crisis and national lockdown that is left untouched by the Indian media and national officials. In order to carry out a deep analysis of the topic various journals, articles and news papers have been made as sources of study. Also, books on human rights have been referred for general understanding.
Piyasha Das
Amity University, Kolkata, India
Abstract. Under International Law, there are two types of law- the hard law and – the soft law. The hard law refers to agreements or principles that are directly enforceable by a national or international body and soft laws are agreements and principles that are meant to influence the nation to take action for the betterment of the country and the people. The United Nations Environment Programme was established in 1972 to address environmental issues at the global and regional level. The UNEP generally consists of soft laws, laws based on treaties, conventions but in case of extra territorial damages and when countries are binding under a treaty and there is a breach in it, matters can be brought under International Court of Justice. United Nations Environment Programmes mission is to care for the environment, safeguard the environment, and protect the rights of human to a proper and clean environment for the present and future generation. UNEP provides leadership and encourages partnership with different countries for the protection of the environment in a global and regional level. The UNEP is governed by the United Nations Environmental Assembly (UNEA), it addresses the critical environmental challenges, make laws and creates agendas for preserving and rehabilitating the environment. This paper has been written on non-doctrinal research basis and consists of a detailed study of the functioning of UNEP, the established norms under international law and UNEP. It’s role in the sustainable development of the economy, contribution to green economy and to combat climate change. The paper also signifies the role of United Nations Environment Programme in the development of International environmental law.Keywords: International law, UNEP, Sustainable development, Safeguarding, Global.
Aakansha Latala
Manipal University Jaipur, India
Abstract. There are lot of explanation as the why crimes against women occur. Half of the world’s population constitutes women. Women play vital role in development of society currently crime against women is a burning problem in India. In India women are subjected to violate attacks, rapes, child marriage and forced marriage, sexual abuse of female child, sexual harassment at workplace, marital rape, female genital mutilation, female feticide etc. The normalization of the abuse and the vulnerably of the women is some of the causers, although the tradition culture structure is one of the main reasons prevailing rates of crimes against women, the modern day mass media add on to this by creating stedrotyopopes of women as sexualized object more fuel to prevailing fire. Crime against women imposed significant social obstructions in many developing countries, the relationship between crime incidents and women’s development is expected to be recursive where poor, economic and social status causes increased vulnerability among women which exposes them to the greater threat of violence against women including horrid crimes. The problem is grossly under – reported a number of incidents further neglected for crime against women an inefficient law enforcing machinery has been largely increasing the crime rate against women. Violence against women in India has gathered considerable attention in recent years with increasing public policy debates and current laws needs urgent legal reforms. Many steps have been taken through the years for the benefit of women, government and NGOs have been working towards this cause, to some extend have been successful too. Many such acts and laws have under gone amendments from time to time according to the changing patterns of crime so that women in modern world can lead a dignified life without any discrimination in a society which may be considered safe for women, but bon the other hand we as society also responsible for it somewhere.
Ankit Chopra, Ankit Mohanty
KIIT School of Law, India
Abstract. Medical Negligence has these days have become one of the major issues in India. Our experience discloses to us that the medical profession is perhaps the noblest profession. Patients normally consider the doctors as God who are going to treat their disease, medical problems and at last, they will be cured and healed by them and we at least anticipate that they should be cautious while performing their obligations toward their patients.Medical Negligence is similarly named as clinical negligence that is the wrong, inept, ill-advised, or imprudent treatment of patients by their doctor, dental specialist authority, nurture, or other restorative administration specialists. In 1995, the SC judgment for the case Indian Medical Association v. V.P. Shanta and Ors brought the medical administrations inside the scope of the governance characterized in the Consumer Protection Act 1986. This characterized connection between diligent and clinical experts by enabling legally binding patients to prosecute specialists in the event that they sustained wounds over the class of treatment in 'process free' consumer protection courts for remuneration. There is an immediate need to check expanding patterns in the number of medical negligence cases and the crumbling nature of health care in India. A study of decided medical negligence cases can give an understanding of the purposes behind medical negligence cases, factors primarily liable for medical negligence and an effect on the doctor-patient relationship, and so on. The current paper aims to examine the idea of negligence in medical professions in light of the interpretation of the law by the Supreme Court of India.
Ishwarya R.L., K. Vijay Ramen Kishore
B.S. Abdur Rahman Crescent Institute of Science and Technology, India
Abstract. This article elaborates on the idea of CSR in current times. This article also traces as to how has it become an important issue for the corporate houses and the government. India has been one of those handful of nations which has legislated on CSR and made it compulsory for companies of a certain stature to do CSR related activities which clearly depicts the seriousness of the Indian government towards promoting corporate citizenship. Likewise India, several other nations like United Kingdom, South Africa, China, Sweden and Denmark have also enacted laws to deal with Corporate Social Responsibility. During the times of Covid-19 pandemic, various questions and issues arose regarding the inclusion of different types of activities done and donations made as CSR under Section 135 and 467 of the Companies Act, 2013. Most hyped issue was related to the inclusion of PM CARES Fund and CM CARES Fund within the ambit of CSR for the purposes of Section 135 and 467 of the Companies Act, 2013. This article deals with this recent matter in much detail.Keywords: Corporate, Social, Responsibility, Companies, Citizenship, Business, Fund, Section, Relief, Donation, Schedule
Parv Gupta
Advocate at Supreme Court of India
Abstract. The author aims to cover Section 8(3)[1] of the Representation of People Act, 1951 and the significance of date and time when a person is convicted by the Court. In light of principles of interpretations evolved over a period of time, doctrine of relation back, judicial and non-judicial act, various judicial pronouncements by the foreign Courts as well as the Indian Courts, the author intends to delve into the cardinal principles of constitutional law and the criminal law to delineate the legality of the voting rights of a Member of Parliament and State Legislature after its conviction by the Court of Law.
Krishna Kishore Padala
Research Scholar, Department of Legal Studies, Andhra University, India
Abstract. Settlement Agreement executed between the questioning gatherings through Conciliation process has a similar status and impact as an Arbitral Award. All things considered, Conciliation guarantees fast and practical settlement of the debate not at all like court case and assertion. Assuagement can possibly bring such attractive results, which are constantly been missing, for example shielding the relationship and guaranteeing conclusiveness to the question. The main issue is its legitimate usage by the disputants to its latent capacity. The paper will dissect in subtleties and think about Conciliation component against court suit and discretion procedures with the goal that it's shrouded worth can be disclosed.Keywords: Dispute, Litigation, ADR, adversarial, Settlement, conciliation, arbitration, adjudicatory.
Bhawna Gandhi
Advocate, Delhi High Court, India
Muneeb Rashid Malik
Lloyd Law College, Greater Noida, Uttar Pradesh, India
Abstract. “The purpose of the criminal justice system is both to rehabilitate and to punish. If we can rehabilitate somebody, that’s a huge, huge win.” -Blake FarentholdThe right to life and personal liberty enshrined in Article 21 is the sanctum sanctorum of the Indian Constitution. With the development of human rights jurisprudence, the outlook of punishment has changed and the modern democratic nations consider prisons as reformative and correctional institutions. Human dignity is the quintessence of Right to Life for all and even the prisoners have certain inherent rights vested in them by virtue of being a human. The Supreme Court has given utmost importance to the human rights of the prisoners and transformed from being the sentinel on qui vive to being an institution that frames guidelines for improvement of conditions of prisoners and also monitors their compliance. The contemporary approach aims at reforming the prisoners, in contrast with the traditional utilitarian theory of punishment which rests on the quintessence of deterring criminal behavior. The ‘once a criminal, always a criminal’ outlook towards prisoners is changing with the combined efforts of the three organs of government. The fundamental aim of article is to throw light on the Indian prison system and its transition from being ‘the jail to a correctional institution.’ It also briefly discusses prisoner’s rights, alternatives to sentencing policies and initiatives undertaken by the prison authorities for welfare of prisoners.Keywords: Correctional measures, Criminal Justice System, Prison, Prisoners’ Rights, Sentencing Alternatives, Prison Reforms
Tanishka Grover
Amity Law School, Noida, India
Abstract. Section 497 dealing with Adultery under Indian Penal Code was a pre-constitutional law enacted in 1860 by the British. In those times, women were considered vulnerable and they do not have any rights independent of their husbands. The then Law Commission was in favour to include ‘Adultery’ to curb the possibilities of other crimes. Since, the implementation of the Indian Constitution in 1950, the law of adultery has been questioned on various grounds before the Supreme Court of India. The objective of the research is to study the difference in judicial approach and reasonings from the first case against adultery law, Yusuf Abdul Aziz vs. State of Bombay in 1954 to Joseph Shine vs. Union of India in 2018 where finally the offence of adultery was decriminalized. The research focus on the transformation in the society with marriage being a sacrosanct relationship to preferring it to be a more liberal and contractual based relationship. The study will focus on the various factors leading to transformation in the society for marriage as a social institution as well as how judiciary has dealt with those societal reframing. The author presumes to critique the response of the legislature and judiciary to cope with the contemporary society in India. The emerging trends of social institutions apart from marriage in modern India and the legal status of the new institutions in the country are discussed. However, the focus will be social transformation in marital relationships and the impact study of decriminalization of adultery. The study also includes the impact of COVID-19 and national lockdowns on the social institutions and the bonding thereof.Keywords: Marriage, Adultery, Decriminalization, Social Transformation, New Social Institutions
Akash Agarwal
Alliance School of Law, Alliance University, Bangalore, India
Abstract. Maritime piracy has been one of the oldest maritime crimes and has been declared as a crime against all nation-states. In the era of growing economy and trade in the world, maritime security is of paramount importance. Just like the issue of maritime piracy has persisted since long, the doctrine of hot pursuit has also persisted since long and had evolved as the customary international law. Subsequently, both were codified in the form of 1958 Geneva Convention on High Seas, and later on, in the form of United Nations Convention on the Law of the Sea 1982. There are two fundamental principles of International Maritime Law which have beenrecognized, one is the freedom of navigation of the state vessels on High Seas, and other being the exclusive jurisdiction of a flag-state over its vessels. The Articles dealing with maritime piracy as well as the doctrine of hot pursuit are exclusions to the said two fundamental principles. Articles 100-110 of the United Nations Convention on the Law of the Sea 1982 contains the provisions for combating maritime piracy whereas Article 111 of the United Nations Convention on the Law of the Sea 1982 contains the provision for the Doctrine of Hot Pursuit. In modern times, with evolved technologies, the paper proposes that a liberal and broad interpretation of Article 111 of the United Nations Convention on the Law of the Sea 1982 can be effectively used to combat Maritime Piracy . Through adoption of relevant provisions of piracy as domestic legislation by the states, and by construing the entire Articles 100-111 of the United Nations Convention on the Law of the Sea 1982 in a harmonious, beneficent and liberal manner can be an effective solution to combat maritime piracy. Chapter 1 of the paper introduces the issue of maritime piracy and analyses the relevant provisions related to it. Chapter 2 of the paper introduces the doctrine of hot pursuit and analyses the provision related to it, providing for broad and liberal construction of the same. Chapter 3 co-relates the said provisions and proposes how all the provisions can be read harmoniously to combat maritime piracy in a much more efficient manner.
Yashi Singh, Kshitij Agarawal
Bharati Vidyapeeth New Law College, Pune, India
Abstract. Indigenous people are someone who are living since time immemorial even before the colonisation and with the intention of fostering their culture and tradition and concomitantly bearing the despicable conditions forced upon them either by seizing their livelihood or treating them inhumanly. There are 750 million tribal groups around the world which are in the urgent need to get international attention simultaneously working on the implications of law.This paper follows the methodological approach proving systemic violence against indigenous population. The article provides with the case studies of two countries which at present are facing the music. These countries are India and Guatemala. Further the authors have given their own analysis and recommendations which should get heed.The protagonists of the article have also taken step to mention the NBA which is the biggest displacement project in the history of India and the whole project revolves around Adivasis who are the tribal groups of India. The paper also foresees the quandaries of Cameroon who are forced to evict their lands without their free and prior consent. People of Cameroon are killed by eco guarded who are funded by WWF.Paper also put forth the problem of inter-tribal violence which is not addressed by any international instruments and need distinctive law on the same. Thus co-authors have tried to list every minute detail necessary for the readers to take cognizance of.Keywords: Inhumaly, Cameron, Tribal, Displacements
Bhanu Pratap Singh
School of Law, University of Petroleum and Energy Studies, Dehradun, India
Abstract. A huge number of victims are affected by crime. People suffer harm whether it be physical or social or it be monetary they should be given access to justice. In the recent decades it has been noticed that impact of crime on victims has withdrawn their attention of criminal laws jurisdiction and the conclusion that has come out that victims should be treated with empathy and there basic rights must be protected. In today’s time understanding the perspective of victims is emerging as a new branch of criminology also known as victimology.The compensation to the victim of crime is big matter of concern, all over the world the condition of the victims of crime is not better. The function of compensation is simple, i.e. it serves to right of the victim what would else count as unlawful injuries to persons or their property. It has been stated under different provision of the Code of Criminal Procedure, The Probation of Offenders Act, 1958 and Motor Vehicle Act, 1988.In this paper the focus is given on understanding the perspective of victims, need for victim compensation, Indian provisions and statutes and the judicial trend related to the victim compensation.Keywords: basic rights, compensation, empathy, perspective, victimology.
Ajay Shukla
Amity Law School, New Delhi, India
Abstract. On 10th of January, 2020 The World Health Organization released an advisory titled “Infection prevention and control during health care when novel coronavirus (nCoV) infection is suspected” the document recommended the use of Masks (N95) and advised to maintain hand hygiene, these preliminary steps are followed till date, but on 10th of January, 2020 the coronavirus was not seen as a global threat by majority of the nations, not even by the WHO itself. 20 days later on 30th of January, 2020 The WHO Director General issued a statement saying “I am declaring a public health emergency of international concern over the global outbreak of novel coronavirus.” After this it was very clear that there is a serious disease spreading and it can infect any person around the world, the only ways to prevent an infection is to wear a mask, follow hand hygiene and maintain a proper social distance in public. In order to resolve the situation and manage the supplies of masks and hand sanitizers, the Indian Government released a series of orders under the Essential Commodities Act in the month of March onwards, declaring masks and sanitizers as necessary commodities and fixed prices of the same.
Kavya Banerjee
KIIT School of Law, Bhubaneswar, India
Abstract. The peace vs. justice debate is primarily understood as two real factors equally esteemed, that were concluded as incongruous and fundamentally unrelated. This quagmire, just after an outfitted conflict still stands as a pertinent issue as some contend to choose to focus on the aspect of peace or justice. With the political necessities of negotiating with those blamed for criminal viciousness so as to avoid any kind of armed conflict is definitely an area of concern. Just by understanding their disparities, it is conceivable to accept them to be complimenting each other as the supreme need for Justice is progressively being given prime importance however, with the recent as well as past instances it may seem quite a far fetched goal.
Sohini Banerjee
KIIT School of Law, Bhubaneswar, India
Abstract. This article contributes to an insight into the exact events that is taking place in the gradually changing Arctic Ocean and the North pole. It talks about Russia’s growing interest in the Arctic region and the methods used by the country to have complete control over the Arctic region. The region is growing to become a very important economic and political zone and the control over it by any country will change the power dynamics of that country. Russia is one of the major countries sharing their border with the region and has become a key player in trying to take control over the Arctic ocean and the North Pole. This article therefore provides a glimpse into the various techniques used by Russia to completely make the Arctic Ocean a part of their nation and also to show their immense power to the rest of the world.Keywords: Arctic, North Pole, Russia, Soft power, Hard power, Coal Mine, Freedom of Seas, Svalbard treaty, UNCLOS.
Anoushka Chowdhury
Amity Law School, Noida, India
Abstract. The Framers of the Indian Constitution who suffered the most because of Preventive Detention Laws did not hesitate to grant Constitutional sanctity to the Laws of Preventive Detention and that too in Fundamental Rights. Preventive Detention is all about detaining a person on apprehension that he might commit an unlawful act. These provisions came into being so as to prevent people from undermining society’s peace and security. The Constitution of India provides for various safeguards for Preventive Detention such as review by an Advisory Board consisting of Judges of High Court, communication of grounds of detention to the detenu and the detenu’s right of representation. The authorities have been vested with a lot of power by the Preventive Detention Laws making it a subject to misuse. This article also talks about the post-detention conditions that should be provided to the detenu.
Anshika Sharma
Asian Law College, Noida, India
Abstract. The topic “LGBT Rights in India” has been a debatable topic for a period of many years. The idea of human rights is based upon the concept of equality. It is believed that all the human rights are equally provided to all the citizens. It follows that all humans have dignity and all humans should be treated as equals. The human rights of LGBT are coming into sharper focus around the world. The word LGBT Stands For Lesbian, Gay, Bisexual And Transgender. Earlier these were referred as the Gay Community but later to include other types of homosexual people also, this was named as LGBT. The Preamble of the Indian Constitution mandates justice- social, economic and political equality of status for all.This article starts with a brief introduction of what is LGBT and who they are. It is followed by the difficulties faced by this community nowadays. Lastly it will focus on the main topic i.e. the rights of LGBT in India and how it became the main concern for the Indian citizens with reference to the 2009, 2013 and 2016 judgment by the Delhi High Court and Supreme Court and the decriminalization of section 377 of Indian Penal Code, 1860.Keywords: LGBT, Human Rights, Decriminalization
Nisha Kumari
ICFAI University, Dehradun, India
Abstract. Crimes has become a part of everyday matter in our society. Various steps are taken by the respective authorities to stop these increasing crimes. These steps are mostly followed through legislation, statues and other guidelines. With the advancing society, the ways of doing crimes has also been changing and to counter these changing ways the courts has to adopt various different types of new reliable sources. These sources mostly act as the evidences in the court proceedings. The process includes initiating the court proceedings, its interim proceedings and the final judgment. Scientific technology has affecting our daily life and same is the case with judiciary also. These type of evidences plays an important part in court proceedings as they give accurate results. The research paper has been made with the aim to study about the forensic evidences and their admissibility in the court proceedings.
Diksha Mishra
Assistant Professor of Law, School of Law, Presidency University, Yelahanka, Bengaluru, India
Abstract. Dumping has been recognized as the policy that has to be condemned. It has been referred by the economists, ‘as price discrimination between national markets’, a definition first proposed by Viner. The much needed legal framework and legally acceptable definition has been provided by GATT 1994. Article VI of GATT 1994 condemns dumping in express terms, ‘[T]he contracting party recognize that dumping, by which products of one country are introduced into the commerce of other country at less than the normal value of the products, is to be condemned if it causes or threatens material injury to an established industry in the territory of a contracting party or materially retards the establishment of a domestic industry.’. Under GATT rules, a product is considered to be dumped if its export price was lower than its normal value.
Ashish Kumar
NMIMS School of Law, Bangalore, India
Abstract. In this paper, the author will throw light on the historical and current context of communal violence and its forms along with the primary and secondary reasons behind the occurrence of this violence. This paper will also focus on understanding the standing of laws, analyzing multiple bills and discuss on the need to have specific laws for the same. The author will further shed light on some of the systemic issues leading to increase in communal violence and recommendations, thereof.
Tammana Bahl, Jaya Kumari
Alliance University, School of Law, India
Abstract. The onset of the millennial era is known to mark the beginning of meme culture over all sorts of media particularly internet. Hence, this project work is an attempt to analyze and understand the process creation, impact on public, transmission, beneficiaries and stakeholders affected by memes and its communications. The aim of this project work is to understand how memes affect human mind and how they can help to bring social reforms, modern solutions for modern problems; also, it shall help us understand relatable law and how creativity and humor can grab public attention and serve as effective method of communications.The project work is sub-divided into five categories namely movies and shows, cartoons, politicians, celebrities, situations and material: which serve as the fuel for the creation of memes that are considered the primary source of entertainment for young adults.Wide range of social-media platforms such as facebook, instagram etc were used to facilitate the research project. Online websites “Survey monkey and Google forms” were used to conduct survey and to gain deeper knowledge of the effect of memes on human minds. A combination of doctrinal and non-doctrinal research methodology, including both primary and secondary sources of data collection, being used to conduct the research.
Rajat Garg, Kushagra Maskara
Amity Law School, Noida, India
Abstract. In India, fundamental rights are guaranteed to every citizen because of the very necessity. Incidents such as Custodial Deaths are gross infringement of those fundamental rights of the individuals in custody. Such incidents took place because of the omission of police authorities to safeguard the basic rights of person in prison. The abuse of power by police authorities has now become a matter of grave concern. Through this article the researcher has tried to understand the reasons leading to the unending cases of Custodial Deaths along with its recent statistics. Further, the article discuss various legislations and International Obligations regarding avoidance of Custodial Death. Furthermore, the article throws light on the judicial precedents that have contributed in improving condition. For the purpose of this article, the researcher have relied upon the secondary materials available on the internet and the bare Acts.