Volume II, Issue III / 2020

Abstract. The ultimate goal of intellectual property rights is protecting the intellect that has a commercial value which applies to cyber space as well. However, this particular objective of IP has not been successful in all its ventures especially when there is a lack of efficient laws. Cyber space is nevertheless a prominent world-wide phenomenon that has attracted users of all age groups and for a variety of purposes. The role of IP in cyber space appears to be a fast growing matter due to the commercialization of numerous online entities. At the same time, it is crucial to have efficient laws to guide the same so as to reduce and avoid infringements which in one way or the other affect the e-commerce. The kind of IP infringements that has occurred in cyber forum in recent times reflect the change in trends. This posts a huge challenge to the judiciary who are the sole dictators of law in the absence of appropriate legal framework. Because regulation of commercial productions ultimately requires the backing of specific laws. Thus this paper prioritizes the analysis of contemporary online infringements to justify the need for specific regulations in place. In order to address all these existing glitches, this paper highlights modern day IP infringements in cyber space which has turned into a commercial platform. Apart from that, this paper attempts to understand the root cause of such infringements. This paper tries to bring out the need of the hour to tackle these anomalies.Keywords: Intellectual property, Cyber space, Infringement, Piracy, Liability.

Abstract. The concept of ‘Rape’ as a properly defined offence was first introduced in the Indian Penal Code of 1860 drafted by Lord Macaulay and since then it has continuously been evolving through various Criminal Law Amendment Acts which has modified the concept to meet the changing needs of society, but is that change sufficient enough to effectively deal with the persistent problem of rise in the number of sexual offences in the last few decades? Whether current provisions relating to rape under Indian criminal law adequate? If not then who is responsible and what further change is required?The objective of this research paper is to answer all these questions through a comparative analysis of the original section 375 and major criminal law amendments which modified the original provision and the circumstances which led to such amendments, tracing the shortcomings and ambiguities in the existing laws relating to rape and finally to ascertain steps that are needed to be taken to overcome the inadequacy of current provisions relating to rape.

Abstract. The current regime of sexual offences in India are gender-biased, they contend male to be perpetrators and female to be victims of sexual offences. In the wake of social change, it is quintessential to expand the definitions provided for various categories of sexual offences, to include sexual offences of homosexual nature and recognition of woman as perpetrators to sexual offences. Sodomy criminalizes only apart of homosexual offences therefore not entirely effective. Criminal Law Amendment Bill, 2019 though paves positive step towards gender-neutrality of sexual offences but it has not been enforced yet. Beside substantive changes, procedural changes need to be incorporated for proper disposal off gender-neutral sexual offences. However, amendment in penal code is just one step towards the gender-neutrality of sexual offences. Effective change can be possible by collaborating law with judicial recognition of non-penetrative rape, elimination of social stigma, generating awareness, and proper sex education.Keywords: Gender-neutral sexual offence, Rape of men, Women perpetrators, Homosexual rape, Non-penetrative rape

Abstract. The implementation of GST brought the most substantial change to the indirect tax system of India by introducing a tax platform that is more transparent and convenient in functioning. Logistics industry was one of the many industries which were affected by the introduction of new tax regimes and it is expected to grow at a better rate in the near future due to the reduced tax liability. The current generation prefers a tech-savvy approach to keep a track on all aspects of their life as it enables them to receive faster and accurate information that affords some free time in the soaring busy lifestyle of people. Implementation of GST was one of such actions taken by the government in order to develop a tech-friendly tax structure that would help them to reduce tax liability and support the competitive power of Indian industries. The logistics industry has started to show profiting results under the new tax regime with the functioning cost reduced nearly by 30%-40%. It is considered to be one of the major beneficiaries of the latest tax regime (i.e. GST). There is a wide scope for addition of several value-added services to the logistics industry after the implementation of GST and this is helping the Indian logistics companies to globally compete on a higher level. But the new tax regime has not been able to provide a foolproof structure, which has resulted in the continued exploitation of laws for personal benefits. So, the paper addresses both the benefits and limitations of logistics industry under GST and would determine the appropriate changes needed to be brought into our tax system by drawing a comparison between a developed and developing nation with well-developed logistics sector.Keywords: Logistics Performance Index (LPI), Developed and Developing Nations, GST, Unified Market.

Abstract. Media be it press, digital or electronic has created a far reach. Accessible in various dialects and moved through various mediums, with the rising mindfulness among citizens, media is developing into a major business. The media has the power to educate and mould a person’s perspective in relation to affairs going in the country. Such power should not be misused by presenting any news, which is likely to imperil or jeopardise the principal interests of the state or any rights of the citizen. As Freedom of Press comes along with the people’s right to know, it has to be the duty of media platforms to provide comprehensive and objective reports and publications to the citizens circling issues of country’s politics, social and cultural life. With great power comes great responsibilityMedia Trial portrays the effect of newspaper and television on an individual's reputation by making a broad view of blame regardless of any decision in a courtroom. It is critical to comprehend limitations forced on Media broadcasting and announcing, adjusting the Right to Free Speech while not abusing the fair treatment of law. All media must follow a specific set of principles to accomplish proficient norm and to work under moral standards.

Abstract. One of the most important agencies involved in the development of law is legal fictions. Legal fictions aid the interpretation of Law. Legal fictions are permeated within the law. This article explains the meaning of legal fictions, the way in which such meanings are to be derived into logical conclusions and has further included the extent to which the legal fictions can be applied. In this article the author has tried to explain the difference between legal fiction and presumptions. One cannot imagine law without legal fictions. Without them it becomes almost difficult to interpret the Law. In this article author has given some instances of legal fictions varying from common law to statutory law.

Abstract. Constitution is an ever changing document. It should grow along as the nation transforms and should suit the ever growing needs and conditions of a on the rise and changing society. It happens under the brunt of new and dominant social and economic pressures, the government needs to bring some necessary changes. If the Constitution acts as a hindrance for accepting such desirable and necessary changes it will not under immense pressure sustain itself. A Constitution, as such, cannot have any claim to permanence, nor should it, because it has been adopted and has been working ever since, claim absolute sanctity. The authors will critically analyze the basic structure doctrine and like other safeguards in other countries to protect the essence of the Constitution. The Authors in this article will understand the problems from various perspectives keeping in mind the diverse nature of stake holders affected from an amendment. The Authors will ry to suggest and get on to cogent solution to encounter the problem affiliated with the amendment and its tedious process.

Abstract. Whenever a person commits crime there are always some reasons behind it. Reasons are basically the building blocks of psychology. whenever any person feels that he has so strong reasons behind which he can hide and commit the crime than these reasons are nothing short of criminal psychology of that person. And whenever the questions comes that what all things can be done to prevent or lessen the ever increasing crime rate. Than the first step which should be taken to prevent the crime rate is to understand the psychology of the criminal because psychology ultimately develops from reasons and unless the reasons are known it is just impossible to stop the crime rate.Sso for this particular reason the role of criminal psychologist comes into play. This paper describes the character and role of criminal psychologist in today’s world in which the crime rate is increasing like never before. From starting with the basic notions of criminal psychology till the duties or functions which are required to be performed by criminal psychologist each and every thing has been discussed in this paper in detail. History of criminal psychology has been discussed in depth. The reasons behind the growth of this branch of criminal science have been elaborated. While discussing all these aspects of criminal psychology there is one major sub-topic in this paper which has been described in detail which often creates confusion in the mind of people that is differences in criminal psychology and forensic psychology. Generally people misunderstand this concept because these two branches are so similar in nature that often people end up getting consfused while reading this concept. But on the other hand it is true that these two have some distinct and unique features of their own and the same have been discussed in the paper in detail.

Abstract. The three laws that are aimed at empowering the women’s right to reproduction are the Assisted Reproductive Technology Regulation Bill, 2020, the Surrogacy (Regulation) Bill, 2020 and the Medical Termination of Pregnancy Amendment Bill, 2020 . The reproductive rights of women are already well established by the Hon’ble Supreme Court while deciding several cases. But what about the reproductive rights of men? In this backdrop, this article analyses a peculiar case that is pending before the Aurangabad Bench of Bombay High Court. This case involves the confliction of rights between husband and wife regarding reproduction. As their relationship was estranged, they no longer live together. So, the wife desires to have a baby by In Virto Fertilization (IVF) using her husband’s sperm but her husband refuses to accord for donating his sperm for the IVF process as he has already applied for divorce from his wife.

Abstract. The most common question that arises between us is that what is Cyber Security and why do we need rules and regulations for that?. Now Cyber Security simply means the protection of data for an Individual’s interest or in the Interest of State. There are many viruses and invaders that wants to invade our privacy and attack on us for that there is one law which is known as Cyber Law, and that Cyber Law talks about how we need to pay attention in the virtual world. The need for Cyber Security is to protect our won personal data from the outside world, as we have seen so much online scams going on in this daily world and specially in India. Many of the youngsters or Teenagers are used to use many such online chat platforms in which at any time the chats or any talks can be taken out. So for protection of those we need Cyber Security.In this paper author will be dealing with What is Cyber Law, What is Cyber Security, What is the situation of India in dealing with such crimes, how many cyber-attacks have been taken place with the help of some cases, need for cyber security in India and last but not the least what is the legal framework of out Judicial System in dealing with such crimes and what are the steps taken by the Government of India in dealing with such crimes and situations.

Abstract. The COVID-19 pandemic outbreak has stagnated the global economy and has a massive impact on social, religious, and political structures worldwide. It is a significant public health difficulty and is causing severe economic and social impacts on countries and migrant workers and their families.The epidemic has had a prodigious impact on the business and labor class of society. According to the International Labour Organisation estimate, approximately 2.2 billion workers are affected by global blockade measures, which amount to 68% of the worldwide labor force. It is well known that the worker's class is the main contributor to tour country social and economic development. However, they face considerable challenges in obtaining social protection, including health care and income security in countries of origin, transit, and destination countries, which pose risks to the entire public health system.Although the pandemic impacts all migrant workers, our paper's focus point is women migrant workers, who are also exposed to harassment, violence, and discrimination in addition to the crisis of epidemic.Therefore, a comprehensive approach will be adopted to include migrant workers in the national social protection response to comply with international human rights, international labor standards, and the principles of equal treatment and non-discrimination will play an essential role in mitigating the impact of COVID-19.This paper attempts to highlight the pandemic's impact on women migrants workers and focuses on the pandemic's consequences, including violence, social protection, and health, and focused on the question, How does Social Protection contribute to Social Inclusion?The comparative study of the existing social policy designed under the changing political system and turbulent economic environment to protect this vulnerable group and reduce current and future displacement, discrimination, and poverty and whether Social protection and labor programs can be designed and implemented to address the results and drivers of social exclusion.Keywords: Social Protection, Women’s Labour Rights, Vulnerable Sector, Comparative Social Policy

Abstract. In the world we live in, people prefer obtaining resources in a secured identity based manner. None appreciates any type of disrupt in the access to government benefits and subsidies. People use their respective ration cards, driving license etc as their identity proofs. However, these identity proofs can easily be scammed or duplicated. This calls for the need of biometric based unique identification with numbers, the Aadhaar. This was highly approved as it helped authenticating an individual based on the biometrics, fingerprints, iris scan and issuing 12 digit Aadhaar numbers by the Unique Identification Authority of India (UIDAI). The Aadhaar Act was introduced in the lower house with the motto of distributing subsidies and benefits in the form of various other services in the year 2016 as a step to ensure efficient and good governance. This biometric based unique identity number was first initiated in 2009 to deal with duplication problems. Though it is a secured identity, various issues arose linking to the usage of Aadhaar in terms of legality, privacy and security. This paper will attempt to highlight those issues in a wider context involving the Aadhaar Act, sections that were struck down and the landmark cases that were taken as precedents.

Abstract. Cultural practices such as dowry system have assigned a secondary status to women leading to future ills such as female feticide and infanticide. Separated and divorce women are stigmatized, which is the reason behind women continuing in abusive marriages either under family pressure or of their own accord. There are laws providing equality in all spheres for women whether education, employment, property rights etc. under Constitution of India. But the need was of a specific legislation regarding dowry death. Accordingly the Dowry Prohibition Act, 1961 was enacted. Despite having a law prohibiting the giving or taking of dowry in any form, the practice flourishes among all the sections of the society irrespective of their caste or class. The legislators tried to control the ill-treatment of women by their husband or in-laws by inserting section 498A in the IPC in the year 1983 but statistics revealed an alarming increase in the number of suspicious deaths of women in the matrimonial home, thereby promoting the lawmakers to insert two more provisions, Section 304B in the IPC and Section 113B in the Indian Evidence Act, in the year 1986. This was done to curb the rising incidence of Dowry Deaths by making special provisions for prosecuting those accused of killing women for dowry.Keywords: dowry death, women, cultural practice, 304B IPC, 498A IPC, Dowry Prohibition Act, 113B Indian Evidence Act.

Abstract. Scare resources on earth have increased the desire of human beings to upsurge. As a result of this and the rapid development in technology, exploration of outer space for potential reserves of natural resources has been accelerating. Asteroids, which are rocky objects between the planet belt of Mars and Jupiter are known to be composed of precious metals like platinum, cobalt and gold among others. Research on procuring these resources from outer space is advancing. This was mainly put forth with the idea of balancing the ever-increasing need for resources and to reduce the environmental degradation during the process of extraction of these elements on earth. However, the issues arise with respect to the cost effectiveness, financial viability, distribution of resources among countries and proprietary rights over these resources extracted from space. A major concern is the applicability of laws and legal principles that govern such activity in outer space. At present, even though the theory of common heritage of mankind over the resources is accepted, there is no prohibition or restriction on the extraction or investment by private entities in extracting it. Therefore, the liability of the entities who extract these resources and its equitable distribution thereof must be determined.This paper sheds light on various aspects of asteroid mining and the emerging trends from the lens of legal reasoning and jurisprudence. It seeks to provide an insight into the impact and the legal liabilities owing to environment, economic and property concerns of extraterritorial mining. Further it also analyses the implication of privatization of asteroid mining and its financial viability. The article provides suggestions that can be brought through the law for optimizing the distribution of these resources in order to bridge the gap between developing and developed nations.The research methodology adopted is doctrinal.Keywords: asteroids, extraterritorial mining, outer space, privatization, resources

Abstract. After globalization of economies around the globe, markets turned out to be increasingly serious. Global players likewise hopped into a field called nearby or public market of a nation. Section of countless players brings forth the out of line implies and malafide rehearses which prompts undesirable rivalry and just enormous players have opportunity to dominate the match. In the quest for the globalization, India has likewise reacted to opening up its economy, eliminating controls and falling back on the advancement. The characteristic end product of this is that the Indian market ought to be outfitted to confront rivalry from inside the nation and outside. Thus, the Competition Act, 2002 has been ordered supplanting the MRTP Act, 1969, with reason for giving an opposition law system that satisfies and suits the needs of the changed monetary situation in India and abroad. The motivation behind planning an opposition law in India was to move the concentration from checking imposing business models to advancing rivalry. Rivalry in a market adds to the advancement of an economy since it guarantees better items and administrations, offers more extensive decision, advances productivity and builds shopper government assistance. Rivalry kills the helpless performing items or administrations and leaves just great and remarkable items for the overall masses to devour. Purchasers need great quality items at lower costs. On the off chance that there is rivalry on the lookout, the market major parts so as to endure will be constrained to bow down to the requests of the buyer, for example quality items at lower costs. Rivalry law, in this way, is intended for the guideline of rivalry, along these lines guaranteeing financial development.

Abstract. For far too long, men’s rights have been brushed under the carpet and neglected owing to the social landscape of our country, where it is stereotyped that men are oppressors, and perpetrators of physical and sexual offences. They are depicted to be resilient and courageous persons, who cannot be subject to torture and oppression. This has led to stigmatization around male-centric crimes. Further, the media has predominantly focused on sensationalizing offences against women, which has positively contributed to reforms in this area. However, there is little to no media coverage when it comes to male victims and survivors of abuse; be it physical, mental, emotional, sexual or in any other form.India’s laws reflect the same ideology, as certain legislations are biased against men, putting them in a disadvantageous position. Majority of the cases go unreported owing to the lack of gender neutral laws. The Indian Penal Code (IPC) has undergone several amendments ever since its inception in 1860, to keep up with the changing demands of society. Yet, the archaic gender specific laws on domestic violence and rape, which have been challenged in Courts multiple times, have not been amended yet. This makes men vulnerable to wrongful accusations by women. All these issues clubbed together have created an unfavourable scenario for men, whose rights are not given the due importance that they deserve. This constitutes a grave miscarriage of justice, as men have no legal recourse in case their right to life and personal liberty get violated, owing to domestic violence or sexual abuse.This paper delves into Section 375, 376 and 498A of the IPC, and highlights the need for gender neutral laws, by analyzing judicial rulings and amendments over time. Towards the end, a few suggestions to amend the deplorable laws have been provided.

Abstract. Legal ethics even though, part of the core curriculum of almost every Indian law school, is treated as a second-class subject. Even in the college I completed my law from pushed Professional Ethics into the last semester of both the three-year LLB and the five-year integrated course, making it impossible for the students to analyze other law courses in light of the legal ethics and values learnt in this course. Such sideling of the subject has resulted in the legal profession becoming more of a lucrative job option than a field that can guide people into changing the society for good. This secondary treatment of the subject has taken away the sense of responsibility the new graduates should feel towards the society at large. In this article I will discuss that law schools should put Legal Ethics at the heart of their curriculum so that the students are able to make ethically informed career choices and mitigate the further decaying of our legal system.

Abstract. This paper deals with the unsettled jurisprudential issue, whether protection should be extended to the aspect of perfume (smell only) in the fragrance industry. Currently, the aspect of protection is available to the perfume industry through the usage of trademarks, trade secrets, patents and even scent mark (in case of EU). In India there is not much development in this area due to which the paper has gone into comparing the laws prevalent in other countries such as Dutch, France, US, and EU in order to provide a comparative outlook and demonstrate the judicious reasoning for the court of law to appreciate the powerful fundamentals & support of law and accordingly arrive at a conclusion to bring forth protection under copyright to perfume per se. It is high time that the Indian law should advocate to provide protection for upcoming sectors, especially, fragrance by bringing the same under the purview of Copyright Law. Furthermore, as protection under Intellectual Property Laws has been extended to visual as well as auditory creation, it is long overdue for the same to be extended to olfactory creations.

Abstract. This paper explains the section124A of sedition law in India. Section 124A of the India Penal Code defines sedition as , “Whoever, words, either spoken or written or by signs or by visible representation or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by Law in India shall be punished with imprisonment for life, to which fine may be added or with imprisonment which may extend up to three years, to which fine may be added or with fine. The act of sedition is non bailable and non compoundable offence and punishment for such an act ranges from imprisonment for three years to a lifetime, to which fine may be added is observed to be harsh compared to other offences in ipc. A person charged under this law can’t apply for government job. They have to live without their passport and must present themselves in the court as and when required.It explains the things which are considered as sedition in India. The paper also explains the the significance of section 124A of sedition. This paper also how sedition can grevious for the country. This paper also explains why there is a need of sedition law and how this law is misused sometimes. . This paper also talks about the history of sedition law in India. Initially, section 124A was not a part of the original IPC and was only inducted in 1870 in chapter IV of the IPC which deals with offenses against the state. . it was was drafted by Thomas Babington Macaulay and included in IPC in 1870. 1891 The Bangobasicase as it came to be known as the first such case where a trail was conducted against a person under sedition law. The first person to be convicted under Section 124-A was Bal Gangadhar Tilak. He was charged with sedition before the Bombay High Court, in Queen Empress vs Bal Gangadhar Tilak (1897).This paper also talks about the landmark cases like kedar Nath Singh v. state of Bihar which was the first case of sedition tried in the court of Independent India, where the constitutionality of this provision was challenged and the Supreme court clearly differentiated between disloyalty to the country’s government and commenting on the measures of the government without inciting public disorder by acts of violence.Last but not the least we will also discuss that why we need section 124A in present time. Though this section cannot be scrapped because there is a need to retain the provision to effectively combat anti- national, secessionist and terrorist elements.

Abstract. This research paper discusses the undesirable activities that are performed in India at the workplace with women i.e. sexual harassment against women at the workplace and the paper also deal with laws that are enacted to prevent women at the workplace like Indian government passed an act Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Sexual harassment is a very broad legal issue and major forms of violence against women in India are performed. It is a universal problem in the world whether it to be developed or developing or under-developing countries. It is a more problematic and negative emphasis on both men and women.Most probably, it has been seen to be happening with the female gender. The sexual harassment of women at the workplace violates the basic fundamental rights of women especially the “Right to equality” under article 14,15 and her right to life and to live with dignity under Article 21 of the Constitution of India. It is a criminal offense according to section 354A of the Indian penal code, 1860 it deals with the meaning of sexual harassment and punishments for sexual harassment.This act protects women from all types of sexual harassment at their workplace in the government sector or the private sector. The guideline was issued in a supreme court landmark case Vishaka v. the State of Rajasthan will be treated as law under Article 141 of the Indian constitution. Before this act, there was no law around and concerning the measures to check the abhorrence of inappropriate behaviors faced by women. This paper indicates making some suggestions to the government to pay special attention towards appoint the monitoring team to visit the government offices as well as the private sector (un-organized) to prevent sexual harassment against women at the workplace.

Abstract. Freedom of speech and expression is the most important liberty of the mankind, without which one cannot enjoy other liberties such as right to life, right to religion etc. However despite it’s importance, the right to speech can be destructed if it is not regulated properly. The Indian Constitution itself can damage this right on the grounds of sovereignty, public order and integrity. In light of these provisions Indian Penal Code prohibits seditious statements under 124A. As we all know the concept of sedition law is often under debate in India because of the actions of the State and Centre against normal activists, writers and even cartoonists who has been criticizing political slip made in the State. Recent data from NCRB shows 93 cases of sedition were filed in 2019 out of which charge sheets were filed in only 17% of the cases and the conviction rate was only about 3.3% and even though the conviction rate is comparatively low, it’s not something to be happy about since once arrested for the offence of sedition it’s quite a long process to get released which itself is considered to be a punishment. Most importantly the judiciary is grudging against giving bail to person accused of sedition unless they have “reasonable grounds to believe” that the accused is not guilty. The centre has no intention to curtail or strike down this provision anytime sooner despite all these criticisms.

Abstract. E-commerce or Digital Commerce has become a part our day-to-day life with the emergence of new technologies slowing changing the way transact things. Though an aspect of this change, which we neglect to look into at the Domestic, National and International Level and which will play a major role in shaping the fiscal resource of any country. The issue as to whether e-commerce transaction order online and delivered in digital format incur any tariff or tax liability when they cross the virtual border from one country to the other. The issue was identified for the first time by WTO in May 1998, whereby it established a working committee on e-commerce with 4 Sub-committees to suggest possible construction of laws, which will deal with imposition of custom duties and correlated aspects of e-commerce. While recognizing the need for levying custom duties on a major area of commerce still untouched by the clutches on any rules, WTO still came to a harsh reality that such levying cannot be imposed without first creating the laws itself to deal with it. So WTO members decided to impose a temporary moratorium of zero custom duties (so-called WTO Duty-free Moratorium on Electronic Transmissions) till the time legislation or rules enacting the same are enforced. It has been more than 2 decades since then, but WTO has failed to produce a single rule, law or agreement clarifying the stand and clearing the cloud on this temporary moratorium. They on the other hand with dominant position by developed countries keeps on extending this temporary moratorium after every 2 years using the same excuse of absence of any law, which they themselves have failed to reproduce. The author in this research paper dwell into the resolution of this long pending issue by analyzing the rules applicable and modification required to bring at par the principles and commitment of GATT and GATS on such Digital Products.

Abstract. This research paper analyses the Ranbir Penal Code in contrast to the Indian Penal code after the repealing of the former and replacement with the latter, due to the abrogation of Article 370 and thus replacing all the laws in Jammu, Kashmir and Ladakh with the central Indian laws. There are a few differences in the substantial aspects of the Penal Codes which entails changes and thus new challenges faced by the courts in adapting to the changes.Therefore, this expansion of the Indian Penal Code, 1860’s territorial jurisdiction has numerous implications and consequences owing to the conflict of certain sections. This article will explore in depth the history behind the separate penal code of Kashmir, the decision to abrogate Article 370 with special reference to the substantive criminal law, and the possible conflicts and/or changes that are undeniably bound to follow such an ordinance.

Abstract. In India, the population of state is divided into two classes- citizens and aliens. A citizen of a state is a person who enjoys full civil and political rights. Citizens are different from aliens who do not enjoy all these rights. Citizenship carries with it certain advantages conferred by the constitution. Aliens do not enjoy certain advantages. The constitution does not lay down a permanent or comprehensive provision relating to citizenship in India. Part-II of the constitution simply describes classes of persons who would be deemed to be the citizens of India at the commencement of the constitution, 26th January, 1950, and leaves the entire law of the citizenship to be regulated by law made by parliament to make laws to provide for such matters. In exercise of its power the parliament has enacted the Indian citizenship act, 1955. This act provides for the acquisition and termination of citizenship subsequent to the commencement of the constitution. The recent act is of citizenship amendment bill shifts the cutoff date for granting citizenship from March 24, 1971 to December 31, 2014. The bill seeks to amend the citizenship act, 1955 to make Hindu, Sikh, Buddhist, Jain, Parsi and Christian illegal migrants from Afghanistan, Bangladesh and Pakistan eligible for citizenship of India.Keywords: Persecution, migrants, immigrants, demographic, linguistic uniqueness.

Abstract. Labour laws are the one dealing with employment in any organization. Those laws address the various administrative rulings and procedure to be followed to be made and legal rights. Labour and Employment laws are the laws framed by the respective government for protecting the economic and social interest of the working class. By analysing this writing, we can readily comprehend, why the labour and employment laws are needed, how they derive their origin from the Constitution of India keeping in line with “Fundamental rights and Directive principles of state policy ”. This paper also throws light on “Industrial Disputes Act 1947" and the plight of workers during COVID-19.Keywords: Constitution of India, Directive principles of state policy (DPSP), Industrial Disputes Act 1947, Covid-19.

Abstract. To take care of parents is a virtue propounded by all the religions and faiths and a globally accepted culture, norm and ethic. Nevertheless, mushrooming old age homes across the length and breadth of the country stands testimony to the fact the aged parents in the Indian society are being neglected, despised and are left uncared for. In order to uphold the centuries old traditional culture, virtue and moral value that was prevalent in the Indian society until some decades back, in the interest of aged parents who are to be duly taken care of, the lawmakers of the country felt it appropriate to legislate a new law to care for the elderly and thus the “Maintenance and Welfare of Parents and Senior Citizens Act” came into being. The said act not only provides for the maintenance and welfare of aged parents/senior citizens but also casts upon the persons who would be inheriting the property of such parent/senior citizen, obligations, duties and responsibilities to take care of the latter when they are old and become dependent physically and psychologically. This paper intends to deliberate upon the said Act, especially Section 23(1) and suggest modifications to the Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019 so as to bring the lofty ideals of the Act into a reality.

Abstract. The paper seeks to highlight the legal conundrum of the jurisdiction issue in the enforcement of domestic arbitral awards. The enactment of Arbitration and Conciliation Act, has certainly resulted into speedy resolution of disputes between the litigants, however the litigant holding a favorable award passed by an arbitral tribunal is faced with a state of perplexity, when the litigant seeks the ultimate relief of the award qua enforcement. This paper attempts to clarify the legal scenario pertaining to jurisdiction of courts entertaining execution applications, by analyzing the enactment, procedural laws and judicial precedents which have developed conflicting opinions. Ultimately, attempts have been made by judicial forums to harmoniously construe and put the conflicting opinions to rest but the in view of the author the crucial question remains is whether the conflict persists or has opened a new set of challenges?

Abstract. It is important to note that no particular stature in the Indian legislature denotes the concept of joint wills and its applicability, thereby, a study which clearly expresses, with the help of precedents, as to the meaning of joint wills, its applicability and differences from similar kind of wills which can indicate towards monumental changes in the execution of a testator’s will is very important. This particular research paper aims to establish that. Further, this paper extensively analyses the landmark judgment of Dr. K.S. Palanisami (Dead) vs. Hindu Community in general and Citizens of Gobichettipalayam and Others , which in detail deals with joint wills and how the right of alienation works in such cases. This case also lays down significant points of differences between mutual wills and joint wills which can be conferred from the intent of the testators, because such a distinction helps in clear understanding of both these types of wills and identifying them. Such identification helps in establishing applicability of an array of rules, subject to the type of will.Keywords: Joint wills, Indian Sucecssion Act 1925, Joint and Mutual wills.

Abstract. Patents are intended to protect and encourage creativity and innovation. Computer patenting or Software patenting is a promising field because top IT (Internet Technology) companies depend on software patents to protect their products. However, the drafting of software patents is a fairly unknown area. What a new patent attorney or patent agent needs to know is how to make a software patent application. This skill can indeed be extremely useful for inventors, especially significant inventors who are likely to have more than one invention, as well as professional, corporate inventors who work for companies that pay them to invent. While the inventors may reach to patent practitioners but the goals are the same i.e. the perfect way to write a patent application that usefully describes the boundaries of the invention. This paper addresses the questions on "How to become a patent researcher i.e. what information to collect to become a software patent" or "How to draft a software patent application" along with the position of software patent in India. This paper includes the basic skills required to become a patent researcher and moreabouts of software patent.Keywords: patents, software patenting, corporate inventors, patent attorney.

Abstract. Injustice anywhere is a threat to justice everywhere said Martin Luther King. The recent sabarimala case has reminded us of a yet another grievous non-criminalised offence that has been in practice in the society for ages – Female Genital Mutilation. Female Genital Mutilation comprises all procedures that involve partial or total removal of the external female genitalia or other injuries to the female genital organs for non- medical reasons. While the exact number of girls and women being subjected to FGM still remains unclear it has been estimated that at least 200 million girls and women in 30 countries, including India, have been subjected to the practice out of which 44 million are girls below the age of 15, who are considered as juveniles. In India this practice is prevalent among the Dawoodi Bohra Muslim Community who preserve it as a matter of customary tradition. In spite of the Supreme Court’s insistence on criminalising FGM it still hasn’t found its way into the Indian statute books. The law and criminal justice system generally don’t recognise sexual violence occurring within the family as a separate crime, hence cases are rarely filed and a juvenile has no option but to suffer in silence. By following the Gandhian principle that “every practice inconsistent with the morals of the age is fit to be abolished”, we as legal luminaries of today and tomorrow ought to have the judicial activism to be instrumental in criminalising the atrocities of this barbaric practice.

Abstract. Human have grown such a great amount of yet at the expense of regular assets which were there to adjust the Ecosystem and people are pacing at this debasement so much that reviews says that the world has just lost 80% of its woods and we're ceaselessly losing them at a pace of 375 km square every day. The Millennium Ecosystem Assessment report distributed in 2005 talks about different discoveries on biological systems contemplates. Since 2005 different changes have been made in logical research and arrangement plans. However biological systems keep on corrupting, subsequently bringing up issues on human and biodiversity supportability.In this paper I have mention the explanation for the biological system degradation, causes, cures by debasing our we accomplish numerous things which becomes needs of every single person yet these cannot be appreciated in not so distant future on the grounds that the circumstance become more regrettable Over authentic time periods, human prosperity has on total improved by a few sets of extent. Salaries have expanded, populaces have developed, futures have risen, and political establishments have gotten increasingly participatory. In the worldwide total, human well-Environmental Degradation being keeps on extending, in spite of the fact that there are varieties across topographical districts. In the worldwide total, human prosperity keeps on growing, in spite of the fact that there are varieties across topographical districts. Ecological systems are changing over the globe because of different Man-made and common variables. These changes have brought about declining and degradation of ecological administrations and biodiversity misfortune.

Abstract. Due Diligence is a thorough and comprehensive process, it is a vital stage in any merger and acquisition as we walk through all the stages of any company before getting involved. It is a very auxiliary and exhaustive process as it gets extensive with time. It involves high stakes for everyone and the jobs and capital of both the companies are at the line. Due Diligence is now finding a deserved place in Indian Statues. It is a sophisticated task which requires special skills. By following these activities and checklist carefully and appropriately, one can anticipate the issues that may arise. Below mentioned is the checklist required to carry out detailed Due Diligence, while the list can vary depending upon the nature of the transaction.

Abstract. Cybercrime is defined as a crime in which a computer is the object of the crime (hacking, phishing, spamming) or is used as a tool to commit an offense (child pornography, hate crimes). Cybercriminals may use computer technology to access personal information, business trade secrets or use the internet for exploitative or malicious purposes. Criminals can also use computers for communication and document or data storage. Criminals who perform these illegal activities are often referred to as hackers.Cybercrime encompasses a wide range of activities, but these can generally be broken into two categories:The FBI identifies cybercrime fugitives who have allegedly committed bank fraud and trafficked counterfeit devices that access personal electronic information. The FBI also provides information on how to report cybercrimes, as well as useful intelligence information about the latest cybercriminals.This paper highlights the kinds of law made for the cyber-crime also how effective the laws are, along with the loopholes and types of development required in this sphere.

Abstract. With the advancement of information and network technologies and the rising interconnectedness of the world, the threats connected to online communication have become increasingly pressing. Due to the global nature of such communication unrestricted by physical boundaries, network technologies challenge the prevailing international legal structure based on such notions as jurisdiction and sovereignty, where each sovereign jurisdiction legalizes communication that takes place in its territory. Online communication, that side steps geographical and jurisdictional restraints, is a grave concern for the national and international legal orders in their current form.

Abstract. In the time of technology and social media, any person can be regarded as a celebrity who has become well-known among the public at large, not only for the occupation which one performs but also for the personality which one carries through. These celebrities have rights in terms of privacy and publicity and such rights are protected by intellectual property law regime because of their intangible nature. This paper reflects the economical perspective of such publicity rights as merchandising rights and highlights the Indian context related to it. The first part gives a brief account of celebrities’ rights and their evolution while defining celebrities and the importance of media and global communication behind it. The second part discusses the right of publicity as a form of IPR. The third part analyzes celebrities as marketable commodities and development of publicity rights as merchandising rights through the lens of economics along with the relevant case laws. The fourth part analyzes the current position of Indian laws for the protection of the rights and lays down the justifications for the need of protecting the publicity rights. Lastly, the article highlights the lacunae in the current regime and concludes with the opposite protocols for the current framework.Keywords: Celebrities, Indian perspective, Publicity rights, Economic Interest, Merchandising.

Abstract. This study presents a quantitative assessment of the clinical education in India, Clinical Legal Education has been a significant part of legal education. The concept is fast expanding across the globe also. This paper also represents that the Clinical Legal Education is necessary to bridge a gap between theory and practice. Various attempts were made in India, to have a sound and efficient clinical legal education program. But the all ended in vein due to the lack of forethought by the authorities. The aim of this paper is to know the history of Clinical Legal Education, as its necessity in curriculum and current initiatives and practices in Indian Clinical Legal Education.Keywords: Clinical legal education, Legal aid, Social Justice, and the Reforms.

Abstract. Euthanasia has always been in glow of publicity and as a subject of debate in the field of medicine and law. It is one of the most confusing issues which the world is facing today when it comes to the life of a patient with fatal illness and intense pain, who is in a vegetate state and cannot support life with dignity. Badly handicapped or terminally ill patients are supposed to have the right to choose between life and death. Euthanasia throughout the world has been much debated subject and India entered into this debate since the case of Aruna Ramchandra Shanbaug who was sexually assaulted by a ward boy. The present study provides the case of countries which have execute legislations to euthanasia. Among these countries Netherlands was the first to legalize euthanasia and later was joined by Canada, Columbia, Belgium, and the state of Oregon in USA. India also joined these countries which have legalized mercy killing in some form, so far ‘Passive Euthanasia’ is legalized by Supreme Court in India. Various forms of euthanasia have been highlighted in the present research article, the most prominent among them include Active and Passive euthanasia, Voluntary and Non-Voluntary euthanasia. In this study an attempt is made to examine the arguments in favor and against euthanasia, an account of euthanasia and the position of life in Islam is also explored. The research method used for the growth and analysation of data in the current study is descriptive method.

Abstract. The increasing changing character of modern Indian society in all dimensions and the growth of digital marketing of goods and services with new challenges and risks it brought to the consumer and for the enhancement of consumer rights and protection have significantly contributed to the necessity of updating the Consumer Protection Act of 1986 and replaced by the Consumer Protection Act, 2019 coming into force from 20 July 2020. Many transformative provisions have been incorporated in the Act, for example e-commerce has been brought under the provisions of the Act. The paper examined some major changes and expansion brought under the ambit of the new Act of 2019.