Volume 3, Issue 2 / 2021

Where there is a right, there is a remedy (Ubi jus ibi remedium). Associating the phrase with International law, it arises out of the nature of the international legal system and the doctrines of state sovereignty and equality of states under state responsibility. The indicated state responsibility is the underlying key factor to get reparation for the wrongful act made by any state. Reparations have long been a means to remedy for wrongdoing in international law. The 1919 Treaty of Versailles after the First World War is a common example, but in the past century reparations have been used for a range of violations of international and domestic law. Recently many debates are held in the matter of reparations against a particular country for just one cause that changed the lives of people around the world within a short span of time. Considered as a mass epidemic that shall not be forgotten for days to come the Severe Acute Respiratory Syndrome Corona virus 2 (SARS-CoV-2) also commonly known as covid-19 caused a great damage in the fast moving world by halting its movements and showcasing a fear of death. Foreseeing the conditions and because of the nature of the epidemic the leaders and most scholars blame the origin country for its negligence and government’s shun conduct in not following the WHO’s regulations. In this research paper let us discuss upon the state responsibility of the origin country to the other members under international law and the defence that shall be played upon by the state under such circumstances.

Keywords: Reparations, Force majeure, State Responsibility, ‘No Harm’ Principle

With the use of technological know-how in our everyday life, over the previous few years has led to the increase in new varieties of cybercrime. Cyber regulation presents criminal cognizance to digital files and a framework to guide e-filing and e-commerce transactions and additionally presents a criminal framework to test cyber-crimes. Indian cyber laws are used to blanketed countless unlawful things to do in cyber place. Cyber Law is the regulation governing cyber house that creates the phantasm for human beings that most matters are handy less expensive or free, and all movements undertaken are suitable in all places.

Cybercrimes includes mischief, theft, fraud, forgery and offense all of which are challenge to the Indian Penal Code. The abuse of computer systems has led to a new vary of crimes that are addressed with the aid of the Information Technology Act, 2000. Indian the ingenuity of cyber criminals is turning into clear when we seem to be at the wise methods in which on-line frauds are being perpetrated. Cyber criminals combine factors of fake, falsification and misplaced have confidence to attain touchy private information like credit score card details, PIN numbers, passwords, etc. of victims. Other types of cyber-crimes encompass unlawful get entry to to data, hacking, alteration of data and E-mail based totally offences.

Keywords: Internet, Technology, Cybercrimes, Cyberspace and Illegal access.

The world today is advancing at an extremely fast pace where each individual is connected to the other-even-after sitting far across the globe through the internet. It is a commendable channel which is being used to exchange information and has become a medium of interaction between common public and copyright owners. With the spread of such a medium, there arose liabilities on the internet to attain various implications with respect to copyright law which will take it beyond the widespread reach of data to an infringement of such ownership in an instance. There was an urgent task at hand for the lawmakers globally to form a regime of liabilities  which fits all the criterions of internet to avoid any such infringement.

Since the introduction and advent of the concept of a global networking system “World Wide Web”, there has been a significant increase in controversial matters and spread of tensions across the globe. The Cyberspace suddenly became a whole matrix of opportunities, convenience, advantages which gave huge utility to the people but also, posed an instant threat of various kinds of liabilities on these people along with the service providers incharge for the provision of such networking systems. Such liabilities have become a big issue for various governments across the globe considering the introduction of a new criminal space to be taken care of along with other aligned liabilities put down on the Internet Service Providers. The internet is basically a whole network of various packet software applications brought in together and placed under protocols known as Transmission Control Protocol or Internet Protocol (hereinafter as TCP or IP).

Since the advent of the Insolvency and Bankruptcy Code in 2016, India has witnessed constant efforts aimed towards strengthening its credit ecosystem. It has been more than two years the code was enacted, with the promise of being the biggest post-independence reform in the economic sphere. The Code is considered as a monumental reform to improve ‘Ease of doing Business’ in India. It amalgamated all previous provisions to institutionalize in a time-bound manner a common law for the resolution of insolvency and reformation of corporate entities and partnership firms. It has incredibly reinforced the juridical foundation pertaining to the liquidation, reformation and revival of feeble corporate entities, which will ultimately go a long way in improving India’s ranking on the Ease of Doing Business Index.

This article sheds light on the evident and emerging impacts of the growing insolvency code phenomena on the mergers and acquisition deals.  Further this article seeks to highlight the changes introduced by the government in the code since its inception and how these changes made the IBC even more potent, making the ground even more fertile for M&A activity.  Many of the lingering issues around the code have been tackled by the judiciary’s positive explication and the efficacious changes brought about by the parliament which have been analysed in the paper. Thus the article seeks to examine the landmark judicial interpretations in the litigation involving some of the most high profile corporations like Bhushan Steel, Essar Steel, and Jaypee Infratech.

Eventually this article seeks to shed light on the reasons as to why the Insolvency & Bankruptcy Code has not been able to perform near its full potential and the changes that can be brought so that it meets its lofty goals specifically in the light of mergers and acquisitions.

Keywords: Financial creditors, Operational creditors, corporate insolvency restructuring process, amalgamation, takeover

https://journals.nauka-nanrk.kz/bulletin-science

Competition policies are implemented to forbid abuse of market power. Prevention of collusive practices, abuse of dominant position by enterprises and merger control come into the purview of competition laws. Merger control is an important tool for competition authorities across the globe for preventing appreciable adverse effects of competition (AAEC) emanating from a combination. It is a well-established fact that the system of merger control has a greater impact on firms as well as market because of corporate transactions being subject to mandatory pre-notification rules and guidelines. Consequently, continual activity in merger control is being witnessed world-wide as a result of which, there is also significant growth in the remedial measures that are ordered and implemented by the competition authorities, for the transactions probable to pose AAEC in the relevant markets. Mostly, rather than prohibiting a merger in its entirety, subject to certain modifications or commitments by the firms, the transaction is allowed to proceed. These modifications are essentially ‘remedies’. This paper discusses in detail the nature, purpose and various types of remedies applied for merger control with special emphasis on the decisional practice of the Competition Commission of India (CCI or the Commission).

Keywords: Competition Law, Mergers, Merger Control, Remedies.

This research paper reviews the various facets of Human Rights violation amongst the trans- community. This community has been facing considerable opprobrium and intolerance in the hands of the society. It is notable that countries like Netherlands, Sweden, Spain, South Africa, Canada, Mexican and American cities have allowed the same-sex marriage and made laws in relation to family formation but the cumulative evidences suggest that the position of this community is still vulnerable. However, beginning with the Indian Legislature, though a new act has been enacted to protect the interests of the community but it fails to cover the topics of family formation due to the reluctance of the society to offer hands to this community. A deep conceptualization of the concept of ‘sexual orientation’ expands to include this community along with the case analysis of some members of the community. The people of this community have existed throughout but, unfortunately, are not much talked about and their association with the society is more than often rejected. They face frequent objections, denied dignity and respect and looked upon as 'sub-humans and abnormal'. Their struggle to find their ideal-selves, surviving the harsh environment they are put into ever since being born - goes unnoticed to such an extent that gets them into depression and face emotional trauma as well as stress. Depriving someone from opportunities and challenging their bare survival, questions the substantiality of 'Human Rights Dogma' and proper and thorough moral ambition.

At a minimum, this research paper explores the loopholes in the Transgender Persons (Protection of Rights) Act, 2019, hardship, social exclusion, psyche of the transgendered people, violation of human rights; transition in the position of their status along with inclusion to make efforts to embrace their identity which have been forgotten by the human civilization. More ambitiously, aims to ground a new jurisprudence of Trans Rights that better reflects the social goals and needs in contemporary Indian Law.

Keywords: Transgender Persons (Protection of Rights) Act, 2019, Human Rights, violation, trans- community, emotional trauma.

The farm bills were introduced in the Lok Sabha on 14th September, 2020 by the Union Minister of Agriculture and Farmers’ Welfare, Narender Singh Tomar. Within less than two weeks, on 27th September, 2020 the President gave assent to these three controversial farm laws which almost immediately led to widespread protests all across the country by the farmers. The laws were passed in order to address the longstanding demands of the farmers as well as the economists in order to take the next step forward in the agrarian sector. The three farm laws are The Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, 2020, and Essential Commodities (Amendment) Act, 2020

These laws have been introduced to accelerate agricultural growth through private sector investment by breaking the agriculture monopsony that exists in the agriculture sector, with a view to bring in efficiency by increasing competition and strengthen the economy.  Yet, these laws have received a mix review from across all fields, nationally and internationally and are a continuous topic of debate. This article aims at an elaborate understanding the provisions of The Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020 and their impact on the agriculture sector and farmers and traders. The article also studies the apprehensions of the farmers and whether the Act would be beneficial or harmful to the interest of the farmers in the long run. The article before concluding also provides a few suggestions as alternatives to get out of the existing agrarian crisis.

Bonded labour, servitude or bond works are the fitting terms to utilize when financial punishments are associated with constrained work. Fortified work is such a support when the lowest pay permitted by law paid to the laborers is scarcely enough to meet the everyday costs of the representative and the connection between the business and worker is regularly described by disrupted and shady installment arrangements which are valuable to the business. A wide range of fortified work are not viewed as constrained yet most constrained work rehearses have a reinforced nature, whether or not the work includes grown-ups or kids. In this examination paper, the comprehension of reinforced work has been featured; the primary regions that are stressed upon are beginning and reasons for fortified work in India, the various areas where fortified work is predominant, attributes of the reinforced work framework and basic perspective on India's reaction to fortified work. Fortified work has been far reaching in India, under the threat of a punishment, that is a result of credit taken and when individuals can't repay the advance, they become reinforced workers. This punishment may comprise loss of rights and advantages, reinforced workers are exposed to actual viciousness, control, risks and manage monetary results.

Keywords: Bonded Labor, Employment, Debt, Sectors, Modernization.

Rape and sexual violence exist in almost all the societies and culture. These offences are not limited to a particular country or a society, it is prevalent around the world and these incidents are increasing globally. Rape and sexual assault are heinous crimes and, offences such as that cannot be overlooked. The criminal’s conduct can’t be pardoned or absolved without punishment and the victim’s marriage with the rapist is definitely not a solution to the issue. This research paper throws light on the concept, is marriage with rapist a solution or punishment to the victim. Laws related to rape around the world has been discussed along with the evolution of rape laws. In furtherance of the research paper transformation in the social perspective has also been studied. Finally, the research paper ends with the concluding remarks.

Keywords – Rape, Sexual Violence, Rape Victims, Compromise, Marriage, Victim psychology, POCSO.

Deterrence or Reformation? This is a question as old as criminology and penology itself. Answering this question is not only tricky, but is seemingly impossible. On the one hand, deterrence prevents further commitment of offences, or at least aims to, by means of imposition of harsh sentences; whereas reformation on the other hand, tends to be much more lenient with the object of reforming the perpetrator of offence. Whereas there are instances of unimaginably harsh sentences being imposed in the name of deterrence, the instances of unreasonably lenient sentencing for progressing the reformative mindset clearly outnumber them. These lenient sentencing may be politically motivated, or reflective of the ideology of the presiding judge, or even warranted by the existence of certain factors which are ‘mitigative’ in nature; yet the consequences of such leniency are visible in the society. Retribution is often ignored in the name of reformation, which is not necessarily wrong, but could amalgamate into it. In light of this, a uniform pattern of sentencing is required to be done by the Courts, balancing all three aspects: Reformation, Retribution, and Deterrence. Sentencing, however, is a judicial act which cannot be dictated by an algorithm, meaning whereby, that uniformity rests on the shoulder of judges, and not the legislatures of the State. Although it is seemingly imperative for uniform sentencing guidelines to exist, there exist inherent conundrums which can only be found either by close inspection, or practical application. One such factor is construing ‘aggravating’ and ‘mitigating’ factors, which often are the determinants of harshness or leniency of sentencing. A straitjacket formula to construe such factors cannot exist; and if it does, it might be even more ineffective than the absence of the same. The need of the hour is uniformity in sentencing for protection of the rights of the accused, the victim, as well as the society; the only question is how?

Extraterritorial sovereignty is followed in various conditions and situations as the nations and the states are in a position and interest to annex and get privileges through unconventional methods. Though the international law states the activity as a legitimate one subject to the restriction of the law imposed, the researchers and scholars call it a strategic method of escapism from liability from the acts. The act of extraterritorial privilege also needs certain procedural movements and situations to be made before using the whole of the sovereign power. The act of extraterritorial power can cause conflicts and consequences in which the state as the lead actor will try to have an upper hand to promote its national interest. The act of extraterritorial usage has its veracity even before the proper formation and recognition of states as a political regime. And the extraterritorial power is well defined in each of the cases about the treaties and agreements signed and the national interest of the particular nation comes with a peculiar specification in each case of signing a treaty. In some cases, the benefactor or high-rise countries will try to impose their extraterritorial power with the help of the other state actors.

These non-state actors will assist the nation-states in creating a new order of governance and colonialization. The aftermath of the treaty was always considered to be a conflict that will induce a rise in tension between the sovereign actors. The methods and time period of the use of the extraterritorial sovereign power are important when it comes to controlling the other nations. The history as always proves and gives various instances about the leader's psychological profile and their modus operandi in trying to expand their territorial sovereignty through extraterritorial means. The paper talks about the situation where the conflict between the extra territorial power and public opinion is weighed in different periods of time. The main aim is to emphasis on the public interest where the sovereign is considered to be an important state element due to its subjectivity to the people and government. Such sovereign power is gambled and under influenced behind the curtain of the public democracy.

Keywords: extra territorial power, extra territorial sovereignty, unequal treaties, public interest, power player nations, extra territorial sovereign

Consumer goods require a brand name association to be recognized and remembered by the people. Trademarks help the brands in making an impression in the minds of the consumers. It is because of the popularity of certain brands that other producers/manufacturers tend to copy the trade-dress or get up which is included within the ambit of trademark, in order to gain on their goodwill or reputation. Indian Law recognizes these acts of unfair copying as statutory tort, i.e, infringement in case of registered trademarks or common law tort, i.e., passing off in case of unregistered trademarks. In this article the determining factors of deceptive similarity which is sine qua non for such infringement or passing off are analysed. The analysis and conclusion are drawn in the light of the very recent judgment of the Delhi High Court in the matter of two most popular companies dealing in production and sale of various Fast Moving Consumer Goods.

Keywords: Fast Moving Consumer Goods, Infringement, Passing off, Deceptive Similarity.

This research paper aims to present before the readers drawbacks and in-efficiencies of the I.T. Act,2000 and amendment of 2008 and further suggests solutions to overcome these fallacies. Cyber law in India solely revolve around the I.T. Act,2000 despite of the fact that, there are bulk of offences and infrastructural additions are required to be incorporated. Apart from the this, the legislation itself was previously amended long back  in 2008 under which significant changes were welcomed but this doesn’t change the fact that since 2008 till date technology has lifted itself to a next level.

Offences like corporate espionage and fraudulent transfer of funds has eaten up the general public, the I.T. Act, 2000 doesn’t specify any specialized infrastructure for the same neither for international transactions. With skyrocketing cyber terrorism, we need to advance our cyber security infrastructure and have to proliferate its awareness in the grassroot level.

In addition to this, section 66(A) of the IT Amendment Act,2008 need to be relooked into, which would be a step worth appreciation by the general public. The comparative study with USA is a hard-hitting reality which shows that we are far behind them in terms of specificity, infrastructure and preventive measures in the digital arena. Privacy has been a major concern since the beginning of last decade. With the new Digital India Scheme banking services are mostly carried out through digital medium and we have already precedented several unauthorized breaches into these networks which is indeed alarming. This topic is of utmost priority and need to be addressed before it’s too late.

Bitcoins have been in talk lately due to their high prices and the rise in their exchange. Indians were attracted to bitcoins from its primary years of creation and its demand increased significantly after demonetisation. However, the non availability of crypto exchanges and other restrictions in the country have prevented the growth of investment in bitcoins.

The authors in this paper while briefly discussing the mechanism of bitcoins also highlight how they function. The authors then move on to discuss the current regulatory system of bitcoins in India. Owing to their ever changing business models and the intricate technology involved, tax regulators as well as authorities have not been able to clearly answer many issues as discussed throughout the paper. Further, the authors have discussed the taxation structure of bitcoins in India. Exchange of bitcoins may be in the form of either income or expenditure and depending of the transaction they may be taxed under the “Income tax Act” or the Central Goods and Services Act. The authors have analysed the various characteristic features of bitcoins and why their taxation structure poses great complications. Under direct taxes the author has analysed the treatment of bitcoins in two ways namely “capital gains” and as “profit and gains from business and profession”. The authors have given an overview of the taxation structure of bitcoins by focusing on both the direct as well as the indirect taxation structures. The findings of the authors will help to clearly assess the prevailing regulatory framework of bitcoins in India.

When compared to the other laws, the legislations relating to taxation must be more flexible and must continuously evolve to adapt to the new conditions in order to prevent the evasion practices. Although the future of bitcoins in India is not known, its success in the country is a possibility which demands serious thought.

Keywords: Bitcoins, regulation, taxation

India has its written Consitution, it is said to be lengthy. It is a Holy text to the Citizens of India. The Constitution entails Fundamental Rights and Fundamental Duties in Part III and Part IV respectively. The Constitution has recognized the separation of powers as part of it. 'Separation of Powers' is a basic principle where powers and responsibilities are divided among the executive, legislative and judicial branches. The author attempted to analyze the doctrine of Separation of Powers as envisaged under the Constitution of India and also the author would like to demonstrate the difficulties faced by the three wings of the government in practice while implementing the provisions of the Constitution. The author also draws a comparative analysis with the Indian, US(the United States of America), UK(United Kingdom) Constitutions regarding the scheme of Separation of Powers.

Keywords: Separation of powers; Executive; Legislative; Judiciary; Constitution of India

Arrest of Persons is incorporated in Chapter V, Code of Criminal Procedure (CrPC). This chapter discusses about the procedure on how a person is to be arrested by Police authority, what are the rights to be granted for any arrested person, and the Magistrate’s power to detain the arrested persons in custody.

Dispute resolution is an irreplaceable cycle for making public activity tranquil. Dispute resolution measure attempts to determine and check disputes, which empowers people and gathering to maintain harmony. It can thus be presumed that it is the sine qua non of public activity and security of the social order, without which it might be hard for the people to carry on the coexistence. Alternative Dispute Resolution (ADR) is a term used to depict a few distinct methods of settling legitimate disputes. It is experienced by the business world just as average people that; it is impracticable for some people to document claims and get ideal verdict. Due to the pendency of cases, there is the postponement of year or more for the parties to have their cases heard and finalized. So, in order to lessen the burden on the courts, Mediation, which is a type of ADR, has been a widely opted method for the settlement of disputes. In Mediation, a mediator is a neutral third party who aids the conflicting parties to come to a settlement. This paper deals with the Mediation theoretically and also few cases have been cited to elucidate the concept.

“Losing your head in a crisis is a good way to become a crisis”- has been rightly stated by C.J. Redwine. The catastrophic effect of COVID-19 can be seen in almost every part of the world. This has certainly changed the lives of millions, their way of working and method of communication. The pandemic has affected the Arbitration procedure of the country as well. These special circumstances require special responses. In the light of this statement, the article focuses on the impact of Covid-19 on Indian Arbitration system. Moreover, the article explores the role of Virtual proceedings in the Indian arbitration environment and the challenges posed by it. The article concludes by giving reasons as to why a mix of both virtual and physical hearing is the need of the hour and has become the ‘new normal’. It is very important to look for other means of justice delivery system as situation like this can either make or break the judicial system of a country, especially India which already faces a large chunk of pending cases in its court. But the steps need to be taken only after proper evaluation of the resources available.

Keywords: Covid-19, New normal, International Arbitral Institutions, Virtual proceedings, Indian Arbitration system.

A free and fair media is indispensible for the successful and smooth functioning of a democracy like India and is regarded as the fourth estate. The freedom of press stems from the freedom of speech and expression guaranteed under article 19(1)(a) of the Constitution of India. But this freedom is not absolute and is subject to reasonable restrictions under Article 19(2) which includes contempt of court. The problem erupts where media interferes with the administration of justice by conducting the trial of the accused in its so called “Jan Adalat” and delivers the verdict even before trial begins or the verdict is delivered by the court. This trend is known as media trial. The focus of this research is to study the consequences and problem where the media encroaches upon the functions of the judiciary and the necessity of stringent laws to prevent this unhealthy trend of media trial even by suggesting an amendment to the Contempt of Court Act, 1971 by giving an extended meaning to the word “pending” in Section 3 of the Act to prevent unwarranted media excess from the time the arrest of the accused is made and this protection should continue throughout the stage of investigation, trial to the time until the final verdict is delivered by the court.

Keywords: Media, Trial, Constitution, Right, Judiciary, Jan-Adalat, Contempt of court,     Subjudice.

“Someone must have been telling lies about Josef K., he knew he had done nothing wrong but, one morning, he was arrested. ” A trial is the process of ascertaining the truth of an offence committed by an accused person based on the facts and evidences of the case. The process usually takes place after an investigation is done and the accused person is arrested or taken into custody. Every trial is expected to be carried out in a manner that is fair as well as legally and morally justifiable. In order to ensure this, it is necessary for the authorities to carry out the investigation, arrest and final trial in a manner that keeps the person’s rights and basic dignity intact. It is also necessary to inform the person of these rights as well as the grounds on which they have been arrested and tried. The arrest too should follow certain basic protocols including restrictions on movement and continuous supervision while not violating the basic rights and duties. The Trial by Franz Kafka is a novel that follows the story of the protagonist, Josef K, a chief clerk at a bank with a good reputation. The novel discusses the absurd series of events he had to face after he was suddenly “arrested” one morning. Kafka brings to the forefront, the theme of frustration and helplessness while dealing with a corrupt, incomprehensible and unjust justice system that seemed to be highly stifling to those who seek justice. The novel is one of the most well-known portrayals of what has come to be known as the Kafkaesque style of writing This paper will be a descriptive analysis of the novel “The Trial” by Franz Kafka in terms of the unfair trial, unconventional arrest and an incomprehensible legal system which form the core aspects of the story.

Keywords: Trial, Incomprehensible system of law, Bureaucracy of law, corruption, Unjustifiable trial

The current manuscript, which is intended to serve as a handbook for practitioners, is divided into "ten chapters", beginning with a "definition of fraud", "its mode of operation", "corporate frauds" in the domestic market and abroad, various regulatory provisions and incidental legislations for curbing such a danger, statutory bodies for enforcement, legal system for punishment, and finally, policy implications. These chapters provide the background necessary to comprehend this complex phenomenon as well as the legal strategies available and required to solve it.

Marriage is a social as well as legal sanction between a man and a woman according to Hindu law. It is regulated by laws, rules, customs and beliefs, which states the rights and duties of both the partners of marriage. The all-inclusiveness of marriage inside various social orders and societies is described to the numerous fundamental social and individual capacities for which it gives structure, for example, sexual delight and guideline, division of work between the genders, financial creation and utilization, and fulfilment of individual requirements for warmth, status, and friendship. Maybe its most grounded work concerns multiplication, the consideration of youngsters and their schooling and socialization, and guideline of lines of drop. Through the ages, relationships have taken an extraordinary number of structures.

Fashion industry in India is growing day by day and it has experienced significant expansion in the last decade mainly driven by the growth of domestic designers, some of whom have gained international recognition in recent years. On the one side, the Indian fashion industry is thriving; on the other hand, it is beleaguered by the menace of piracy in fashion design. The industry people, particularly fashion designers, have been found complaining about their innovations being imitated and copied. This paper aims establish that there is a requirement of laws for protection of unregistered fashion designs in India considering the growth of the fashion industry in the current times where piracy of designs has become a common problem which acts as a barrier to creativity of new designs which on copying loses its value. Hence, instead of resorting to the Copyright Act or the Trademarks Act for protection of their designs, the fashion designers deserve a single legislation which protects the product of their creativity without having to go through the process of registering each and every design that they create and also gives a chance to the upcoming designers to display their creations in the market without the issue of piracy in the industry. The paper will enhance the need for the amendment or revision in the Designs Act, 2000 by comparing and contrasting the international laws regarding protection of unregistered designs and providing suggestions and recommendations to be made in the current Indian law for protection of designs. Considering the stakeholders at hand, there is a necessity for reform of the current law which would not only encourage creativity and innovation among designers but also ensure that these designers have fallback options in case of piracy of their designs.

This paper deals with the concept of right to equality with reference to Lesbian, Gay, Bisexual and Transgender community. The LGBT communities all around the world have been in a constant battle against the discrimination they face on a daily basis. In the west the LGBT movement, had emerged “with and out of the women’s movements, fore grounded the idea of pleasure, the LGBT movement here really came into existence piggybacking on the AIDS crisis and remedial action. The prevalence of homosexuality is difficult to estimate for many reasons, including the associated stigma and social repression, the unrepresentative samples surveyed and the failure to distinguish desire, behaviour and identity. The researcher has discussed about nature of LGBT People, discrimination in the society, violation of their rights including fundamental rights and human rights. The researcher also tried to give focus on legal definition and its scope, lacunas, issues and challenges before LGBT minority people in India. To find the statistical relationship between acceptance and legal inclusiveness. The paper deals with the legal inclusiveness and social acceptance of the LGBT individuals and the impact of the respondents age group and their social acceptance of the LGBT people. To conclude attitudes of the people in the society has changed in such a manner to accept and support the LGBT individuals, provide them with education, hire them for employment and treat them equally. The sample size is 774. The researcher has used frequency, chi-square and correlation technique to find the results of the survey.

Keywords: LGBT – Social acceptance – employment – Family – NGO.

In today's competitive world, gathering reliable data and analysing it for the purposes of company development and day-to-day operations is necessary.Artificial Intelligence enables the industry in completing tasks in a more timely and effective manner. Artificial intelligence is being implemented in a variety of departments, including human resources, finance, marketing, and development. Almost every company in the IT sector is utilising artificial intelligence to improve the efficiency of human resources. Using artificial intelligence (AI) the current performance and day-to-day operations can be informed by the system organisation. In the corporate world, the value of artificial intelligence was recognised by tough managers as the pressure increased at the job environment. The research study primary goal was to investigate the role of artificial intelligence in the human resource department and to comprehend the challenges that the HR department faces. The research study concluded that AI plays a larger role in a variety of functions carried out in the human resources department that robotics firms can handle recruitment, hiring, data analysis, data collection, workplace workload reduction, and enrichment efficiency in the workplace. In addition, the research will provide a brief understanding of artificial intelligence's future aspirations.

Keywords: Artificial Intelligence, Human Resources, IT Sector, Finance, Marketing

My heading “A NEW EDUCATION TO A NEW WORLD “represents or means a new way of teaching, which is online education that has recently taken over because of the closing of education institute because of the covid-19 pandemic. As keeping in mind, the government has already given the orders of online education for the achievement of academic continuity. Most prestigious or very high–end private and public institutions have made the switch very easily by creating their own online teaching platforms or using many popular online platforms like ZOOM, GOOGLE TEAMS, and MICROSOFT TEAMS etc. While many other institutions that were not reliable or were not using the online platforms for their institution are now facing many problems.

The constitution has supreme power it sets the structure that democrates political code, fundamental right, procedures, powers, duties of government, duties of citizens, directive principles, Constitution has power to authorize all the laws in India.

Trademark rights are largely used to provide exclusive rights over aspects of goodwill and reputation of the goods or services of the proprietor. Given that brick-and-mortar stores of companies usually have the same layout of all their outlets, a consumer of those goods or services could come to associate the layout with the particular entity. This has been observed numerous times in several jurisdictions, including in India- companies are now applying for this non-conventional trademark to protect their brand entity.

The artistic elements in creating a store layout also have the potential to attract a myriad of IP rights, such as copyright and designs. With this multiple options before an entity, and different judicial precedents providing protection to store layouts under different rights, the novelty of the subject-matter has now created an anomaly in terms of which right to avail.

This research article will elaborate upon the essentials of trademark law, which are satisfied to afford protection to store layouts. The article will further delve into other IP rights, namely copyright and design, and whether the same can also afford protection to the store layouts. Through the means of this article, we will try and establish the most-suitable IP right for protecting store layouts.

Keywords: Trademark, Non-Conventional, Copyright, Design, Store Layout

Governments have used the 140 year archaic law of "sedition" against their opponents or rivals as a whip to suppress dissent in the world's largest democracy since independence. The existence and legality of sedition laws in contemporary Indian culture have been called further into question in light of their recent implementation. Recent charges of sedition leveled against CAA and NRC demonstrators have prompted the heated debate again. Amulya was held in pre-trial detention for 14 days for shouting the slogan "Pakistan Zindabad" at an anti-CAA rally in Bangalore while the mother of a student and the principal of a school in Karnataka were arrested by state police in January 2020 on the charges of sedition after students presented a work that allegedly went against the Citizenship Amendment Act (CAA) and the National Registry of Citizens (NRC). Through the course of this paper, the history of this colonial relic will be traced and analyzed as a potential contravention of the Freedom of Speech guaranteed by our Constitution.

Keywords: Sedition, Disaffection, Freedom of Speech, Reasonable Restriction, Section 124A, Free Speech

In the present scenario trade secrets protection is prime to encourage innovative steps, foreign investment and to promote healthy competition. Trade secrets give the commerce a spirited edge over the competitors and thus one must make sure that he adequately protects his business-related confidential information from his competitor. Trade secret as a new form of Intellectual Property could be very substantial and it is garnering wide significance because in the era of globalization, failure or success of any company depends on its secrets allow them to be policies related secrets or information of their clients. Through this paper, the author has tried to put an effort to highlight the Trade Secrets laws protected in India and deficiency of Indian Laws with respect of Trade Secrets laws governing in United States.

As of April, 2021, India stood second in the global list of the highest incidence of Covid-19 cases, consequently drawing acute scrutiny and worldwide attention to the Indian healthcare framework. A very tangible fear of overburdening facilities and exhausting the supply of isolation beds and ventilators had forced India into a premature lockdown that has since crippled its economy. Covid-19 has revealed cracks in the healthcare structures of countries across the globe, and, in spite of the tremendous improvement in Indian healthcare over the years, India is still not equipped to cater to its overwhelming population of 1.3 billion people. Through an analysis of Indian Healthcare fundamentals, and its competitive factors, this paper seeks to examine and evaluate India’s position in its fight against Covid-19. This paper examines the Competition Commission of India’s Policy released in 2018, shedding light on the competitive issues faced by the Indian healthcare and pharmaceutical sector. A comparative analysis of the healthcare structures of China, Australia, European Union and the United States assists in critically assessing the response of the Indian competition authorities to the pandemic, and provides insight into establishing a more robust competition market for Indian healthcare that would invariably protect consumers.

Keywords: Competition Analysis, Covid-19 Healthcare, Indian Healthcare Infrastructure

Enrica lexie case has quite achieved the super star status in the international legal community. This case is an international dispute between the Republic of India and Italy which has paved way to various political and diplomatic debates in the international legal community. The case has led to complications in the diplomatic camaraderie between India and Italy.

In the following article, the writer seeks to analyze in-depth the case of Enrica Lexie and the important developments and discussions that arose in the legal arena owing to the Enrica Lexie dispute. The writer also seeks to throw light on the controversies arising from the Enrica lexie incident and some problematic aspects of the interpretation of the United Nations conventions for the law of the sea. The writer shall also be discussing the facts and the progressive development of the case from the Kerala high court to the Supreme court of India and eventually to the ITLOS. In this article, the writer seeks to denote a section to the changes warranted in maritime law in India owing to the Enrica Lexie case.

When Syria was attacked by the United States, United Kingdom and France to punish its government for alleged utilization of chemical Weapons, there was a grave concern about possible retaliation but on a different battleground. Although there have been no special reports of “Cyber-Attacks” specifically designed as a retribution to against the coalition that struck china but Syria’s patron, Russia and Iran are the worlds most advanced practitioners of Cyber-Warfare or state sponsored attacks and other myriad activities that they guide. What are these “Cyber-Attacks”? What law regulated these attacks? Do the principles of international humanitarian law apply? If not, what are the forums which resolve the disputes? This article examines these questions and, in process, gives insights on how the existing law may be applied -- amended and adapted to solve the new threats posed by “Cyber-Attacks”. This article clarifies the what Cyber-Attacks are and how they are related to the law of war, international efforts that may be used to indirectly control these attacks. Secondly, this article shows how the present laws is deficient and what can be done to improve it. Although the present bodies of law offer some method of resolution but still it lacks relevancy in growing techno-driven world. This article thus also outlines the important aspect of a Cyber-Treaty that would provide a more comprehensive legal framework to address the robust threat of “Cyber-Attacks”.

Keywords: Cyber-Attacks, Cyber-Warfare, Cyber Weapons.

India's regulatory system employs disclosure rules to ensure corporate governance and accountability. Corporate governance is built on the principles of transparency, disclosure, accountability, and integrity. The shift from merit-based to disclosure-based regulation has been portrayed as part of the globalisation of competitive economies. As a result of the internationalisation of national economies, the consequences of corporate failure in different countries, and the rivalry for corporate managerial roles, the demand for effective corporate accountability has increased. Adequate transparency is a cornerstone of a healthy capital market. Regulations on disclosure can only be effective if they are properly implemented. In order to efficiently enforce disclosure legislation, those responsible for non-disclosure and non-compliance with disclosure norms must be prosecuted and disciplined. The regulatory framework requires the issuer to provide full disclosure of its affairs to investors, who can then determine whether or not to invest based on the risk. The information provided should be adequate to satisfy the needs of a wide range of stakeholders. Managers are held more responsible for their decisions as they are made aware of their actions. But in spite of all these mechanisms we can see a number of corporate scandals and also vanishing companies. In India, there were numerous examples, where the general public lost money by buying shares based on faith in the prospectus, deceptive claims and false representations in the company's financial records. In this context it is vital to examine how far the criminal liability is used as a mechanism to render effective disclosure practices. This paper examines the importance of disclosure mechanisms in investor protection and the extent to which criminal sanctions are used to ensure that disclosure mechanisms work effectively.

In our rich legal history, there can hardly be an enactment which can parallel let alone surpass the controversial relic of imperialism that is Sedition. Deliberately left out of the Draft Penal Code of Thomas Babington Macaulay, it finds its way in because of contingencies unfathomed. The extensive and expansive power of Section 124A ergo Sedition, has been used by the avaricious Imperial Forces to stifle and arrest embers of Dissent. Cases galore from Jogendra Chandra Bose to ‘Lokmanya’ Bal Gangadhar Tilak, from Mahatma Gandhi to Jawaharlal Nehru, from Ganesh Savarkar to Maulana Abul Kalam Azad. One would have hoped that after getting deep wounds from the sharp teeth of Sedition, the Elected Constituent Assembly will abolish this draconian law. But alas, it still lives.

In this paper the Author traces the Legislative History of the colonial relic from the drafting and enforcement of Indian Penal Code to legendary trials of Indian Freedom Fighters under the section. The Author will discuss the development of law that happened in the British Raj and the landmark pronouncements of the Federal Court of India and the Privy Council. The Author will delve into the Constituent Assembly Debates to paint what was in the mind of the Framers and how the jurisprudence on the law evolved in Independent India. Lastly, the Author will discuss how the draconian law is being misused in contemporary India.

Indigenous innovation is essentially an innovator's mindset. In which he put his/her skills and personality traits to efficient use. Indigenous innovations are commonly the most cost-effective way to complete a job or a specific task. In India, there is a huge problem of unemployment in both rural and urban areas. Indigenous innovations are a new opportunity for those youth who have innovative ideas and are eager to work. It provides self-employment to the youth in their own areas or regions and contributes to India's inclusive development. Astounding indigenous innovations can be found in India that can be turned into marketable goods and thus aid in value creation. These could be instrumental in guiding a country like India toward becoming an innovation-driven economy. As a result, the future belongs to commodities that fulfil the consumer's physical and mental needs while also taking into account the region's conventional, socioeconomic, cultural, and ecological aspects. They should be made locally, but they should be of global quality in terms of appearance, reliability, and performance. As a result, in order to be culturally appropriate and economically viable, the products/solutions would need to be rooted in the local context. This necessitates community involvement and the use of indigenous knowledge. Organizations and nations have been driven ever further to focus on building their own in-house / local solutions, including indigenous technologies, as a result of strict IPR norms have been framed.

“Class-action suits”, first implemented in the United States was the idea of class action in 1938. “Class Action” is essentially a kind of litigation in which a large number of individuals, by a lawyer, put a claim together to the court. ‘A class action suit is typically brought in cases with the same or related injury to a group of persons. Many of the injuries sustained by the person was also relatively minor, so they could not seek legal remedy themselves’. Together, however, the additional value of the class claims leads to consolidating lawyers, facts, plaintiffs and certain other facets of the trial. The famous case of “Union Carbide Corporation vs Union Of India” the incident It happened at midnight, December 2, 1984, by the escape of toxic chemical fumes there was a major manufacturing tragedy in the appellant's factory and it took an urgent toil of 2600 human lives to leave. Thousands of innocent people physically living in Bhopal Affected in different forms. The infected and injured people put their claim together in the court and Union Carbide Corporation was held guilty.

It is important to understand that both terrorism and counter-terrorism are human right challenges. A genuine security concern arises from the acts of terrorism. Various measures are looked at by the state to tackle such concerns. One such measure used by democracies is the counter-terrorism legislation. The idea of using a legislation to deter the acts of terrorism is considered to be undemocratic because while this method reduces the acts of terrorism largely they at the same time encroach upon human rights of the innocent.

The study aims to bring out the role of corporate social responsibility in organizational performance and the effectiveness of the company. Areas like the relationship between both CSR and the organizational behaviour of the company have been highlighted with the prime objective to show the nexus between both. It is necessary to point out the nexus between CSR and the company because the behaviour of the company should not affect the environment or society in such a way to cause permanent damage. Laws and regulations have been made to ensure that the companies are following them, in order to present a sustainable environment for the future generations. The next main objective is to indicate the strength of Corporate Social Responsibility on the growth and evolution of the companies. This study further has emphasized on the facets where CSR has helped in the development of the company. Few of the recognized facets in this research paper are brand reputation, impact of laws and regulations, employee retention, human interest, social awareness and education. This study not only emphasizes on establishing the nexus between CSR and organizational behaviour of the company but also puts down the various responsibilities that a company should take care of for the wellbeing of the social and environmental aspects. Adding to the responsibilities, the authors have incorporated instances where there has been violation of Corporate Social Responsibility regulations.

On July 8, 2019, the Lok Sabha introduced the DNA Technology (Use and Application) Regulation Bill, 2019, which is also known as the DNA Profiling Bill. The Bill proposes to create a DNA Regulatory Board with a mandate to construct DNA Data Banks as well as accredit DNA Profiling Laboratories. The Bill will govern utilization as well as application of DNA technologies to determine the identities of: a) missing individuals; b) crime victims; c) offenders or criminals; d) defendants or accused; and e) unidentified dead people. The Bill contemplates a variety of indexes for criminal offences but it is completely quiet on civil matters causing uncertainty about where as well as how DNA profiles will be kept. This article discusses how the Bill has sparked questions on a number of fronts, the extremely severe of which is the use of DNA profiling in criminal cases, which violates the constitutional right to privacy.

First of all the question arises “Is protesting a fundamental right?”

A person, a group or a whole community protests mostly to show their disagreement or objection against some policy, action, etc. of government or state or any organisation, that’s a protest. A protest’s flow is mostly operated via waves in political arena that also exhibit the people’s collective organisation, for pressurizing the state or government to deal with the issues they have and take necessary actions..

The shaping of multilateralism in the recent times has taken a sharp term towards nationalistic approaches and corroding of international cooperation, so much so that multilateralism is considered to be dead and the same seems to be aggravated in the times of the global pandemic.  However, to encourage the adoption of mutual benefits the United Nations General Assembly finalized the text of a multilateral treaty, alongside an amended model law. The treaty, namely- United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the “The Singapore Convention,” hence provides for the ability to the parties to enforce and resort to international mediated settlement agreements for the solving of disputes related to commercial transaction.

Ever since the advent of industrial revolution back in the 1700s, a new plague took birth in the form of environmental degradation which was a byproduct of the industrial revolution. Over the last few centuries environmental degradation has multiplied at an alarming rate and humans are almost at the point of no return. Humanity is at a pivotal point as the issue of environmental degradation affects every living being on this planet equally. There are four primary impact points when it comes to industrialisation — air, water, soil and habitat. Human activity is the root cause of environmental degradation. Every country is working towards achieving a solution which would facilitate environment protection. Sustainable development is said to be the guiding principle of countries to prevent further environmental degradation. The subject of environmental degradation is at the forefront of global debate. Various institutions across the globe have either been tasked or taken it upon themselves to tackle this ever-growing complication. With the advancement in modern technology and understanding of the environment, efforts in various spheres are being made globally to curb this vital issue. It has been noticeable in the past few decades, governments across the globe are placing more significance on uncompromising environmental laws and its stringent enforcement to ensure preservation of the environment and its sustainable development. This research paper aimed to apply Doctrinal legal research method and focus of this research paper is to delve into such measures and laws primarily dealing with environmental degradation- I.e., environmental laws across the globe and to determine whether the existing environmental laws are adequate to combat environmental degradation; and if not, what can be done to further strengthen such laws.

Keywords: Environmental degradation, Environmental laws, International institutions, Industrial Revolution, Sustainable Development

The constitution of India is a living document rather than a book of words. It provides moral guidelines while deciding matters of utmost importance. The constitutional morality means adherence to the core values of principles and philosophy enshrined in the constitution. Law should be based on acceptability of the constitutional parameters. Constitutional morality is not limited only to following the constitutional provisions literally but is based on values like individual autonomy and liberty; equality without discrimination; recognition of identity with dignity; the right to privacy.  Recently, the “constitutional morality”; has become much more relevant while interpreting the laws. The Supreme Court has applied different facets of this transformative doctrine in various judgements.  Naz Foundation’s case determined that the distinction between popular morality and constitutional morality is the distinction between moralities enshrined in the constitution. Navtej Singh Johar v. Union of India reaffirmed this distinction and decriminalized section 377 of I.P.C. The genealogy of Ambedkar’s signposting of constitutional morality may be traces to the strength of anti-caste resistance and the abolition of untouchability. The central elements of constitutional morality are freedom and self-restraint. In this paper we would like to highlight “doctrine of essentiality” need to uphold constitutional morality and recent Supreme Court landmark judgements. The paper also examines two contemporary uses of constitution morality: first, as an equilibrium to popular morality (in judgments concerning homosexuality, adultery, rape, and the Sabarimala temple), and second, as a reincarnated basic structure doctrine, involving an analysis of the “spirit”, “soul” or “conscience” of the Constitution.

Keywords: Constitutional morality, Public morality, Constitutional parameters, Individual autonomy and liberty.

AI has emerged to have a multitude of solutions, be it in automobile industry, healthcare, businesses etc; and potentially a second generation of technological advancements are bound to happen. Intellectual property issues are likely to arise at a greater scale and these issues need to be addressed to avoid infringement that may be unjust to the AI content creator. Since AI machines these days are capable of creating their own content, intellectual property can be assigned to these AI but with much speculation. This means that AI could possibly bring infringement proceedings and vice versa. It is, however, a confusing position when it actually comes to interpreting AI as a separate legal entity. If it is not for the machine that should be held responsible, can the owner of a specific AI technology be held responsible? As of today, AI has not reached a ‘superintelligence’ level to have acquired human skills, at least the sentient and more moral aspects of human intelligence, and therefore, it is challenging to understand what skills the AI has that can be attributed to a human in order to sue the former, to say the least, attach a legal personality to such AI. The definitions of skilled person, art, authorship, inventorship etc may take up other legal definitions in the near future with the surge of AI. It is foreseeable that the concept of ownership and creation has already diverted from its conventional meaning. There is also a need for a broader application of intellectual property laws to AI as it is important to protect an individual’s data considering rapid data transfer, sharing and mining techniques used today.

Keywords: Artificial intelligence, intellectual property laws, data, content creation, content ownership, technological advancements

Expanding accessibility of essential drugs is fundamental to the effort to lessen global morbidity and mortality. Throughout the world, every nation is a sufferer of low quality or bogus drugs.  Failure to look into superior manufacturing practices steers the supply and distribution of substandard medicines, while falsification of drugs has its origins in crime and corruption. Both kinds of drugs spread about due to the unreliable supply and continuous need for medicines and infirmity of the regulatory authorities. An incorrect or insufficient understanding of the issue, among health care professionals and the society, also further worsen the matter. Almost all counterfeit drugs are bought by the people unwittingly, since distinguishing counterfeit drugs is hard, even for health care executives.  The aim of this article was to study into the large range of low grade drugs, the recent rise in issues regarding counterfeiting and black marketing of medicines and the preventive actions or steps adopted by the Indian pharmaceutical regulatory authority regarding the same. It is very much necessary to initiate measures to deter such unethical people who indulge in black marketing of these life-saving drugs. In India, there are certain legislations that are already in existence to tackle the issue, for protecting and promoting the public health but these need stricter implementation and monitoring.

Jallikattu is a bull-taming sport which takes place annually during and after the festival of Pongal in Tamil Nadu, Jallikattu is an ancient cultural and traditional religious ritual of Tamil People that honour and glorify the domestic milch and draught cattle.

All over India there are so many indigenous cows and bulls which has special traits and Tamil Community strongly believes that Jallikattu is a way to conserve our indigenous cattle breeds which is essential for our ancient agricultural practices. The supporters of Jallikattu vehemently argued that Jallikattu is not only a cultural sport, it is an identity of a Tamil community and the people have been celebrating their cattle for its immense support to their life and livelihoods. .

Capital Punishment is the most extreme penalty imposed on any offender for committing any heinous crime such as murder or waging war against India etc., India currently follows reformative theory of punishment where judiciary aims to do welfare of the accused and try to reform them into responsible members of the society, once they are out of prison. But, Death penalty links to the concept of deterrent and retributive theory, as it provides strictest punishment following the principle of “an eye for an eye”.

In this paper, authors focus and analyze the various reasons on whether the death penalty presents justice to the society or forces complete injustice to the accused. There are many arguments in favor and against providing death penalties; this paper concludes on whether there are enough “in favor” arguments which provide another person the authority to decide the fate of the accused.

Keywords: Human Rights, Violation, Convention, Rare, Justified