CBI is the premier and leading Investigating Agency of the Nation, which possesses the trust of the individuals, the Parliament, the Judicial sector, CBI has acquired popularity and a good reputation over a period of time, the organization has developed into a multifaceted, multi-disciplinary investigation organization with capacity, reliability and legal authority to investigate and prosecute offences, which is clear from the fact that it is burdened with the investigation of many significant cases of various descriptions. From the very inception of the agency, it has been investigating several economic crimes, special crimes, cases of corruption and other cases. But the fact remains that now, even CBI is not free from criticism because of its inefficiency, delay in the investigations and political interference, the CBI lacks constitutional position. The Central Bureau of Investigation is still regulated by the DSPE Act, making it a barrier for investigators to perform their duties in some cases. The present paper deals with the challenges faced by the CBI and how the working of the agency can be improved.
Volume 3, Issue 3 / 2021
Articles · 114
This paper attempts to determine the extent of Indian Media’s influence over the youth’s growing political opinions and stands. It seeks to identify the means and mechanisms which help shape a young mind, the actual course of real media. It also provides with the solution of reoccurring problems related to the media and its unrequited guidance to the citizens in everyday life. “New political media are forms of communication that facilitate the production, dissemination, and exchange of political content on platforms and within networks that accommodate interaction and collaboration. “They have transformed the political media system, and redefined the role of journalists. They have redefined the way elections are contested, and how citizens engage in politics.” The paper consummates with the assumption that while a major fraction of the youth of the country are habitual to distorted information leading to mis-formed political beliefs, there is a fragment of the society which still relies on accuracy.
A Book titled “Control Theory of Delinquency” by Emile Durkheim pointed out that Punishment to criminals plays in important role in the maintenance of the society unanimity. Just like as India is developing the crime rate is also increasing. There are lots of legislations in India to stop & prevent crimes. The punishment for each and every crime must be severe so that it acts as a lesson for wrongdoers. There are several punishments available as per IPC, like Capital Punishment, Life Imprisonment, Imprisonment etc. Amongst which Capital Punishment is the most severe form of Punishment. This paper states about the status of Capital Punishment in India & also lays down an emphasis on Whether Capital Punishment is required for a severe offence like Rape. In this research paper the rarest of cases has also been explained. This article has a detailed view about the capital punishment in India and its interpretation.
The seizures of Narcotics have seen a steady rise recently, and each case is governed by its own complexities. The most important provision regarding extension of protection to the accused against a false narrative which might be created by the Police for framing a person under the NDPS Act, 1985, is perhaps Section 50; it is also safe to assume that this provision is the only safeguard provided to the accused before search and seizure in case of personal search of the accused. In June 2020, the Delhi High Court referred a question of waiving off of legal right under Section 50 by the accused person who is to be searched to a division bench. The complex subject of substantial compliance of Section 50 has been incredibly controversial, which it still remains, as it is seen that the Police still take the provision very lightly, a provision carrying mandatory compliance to the letter under Narcotics Drugs and Psychotropic Substances Act, 1985. Since 1994, i.e., after the judgement of the Balbir Singh case, the Supreme Court, until the Jadeja Case in 2011, gave certain judgements which caused fallacies in the interpretation of Section 50, leading to wrongful convictions. In this paper, we try to understand the issue by looking at how, tearing through the complex arguments, the Supreme Court has interpreted this law clear as day.
Historically, democracies have turned out to be fragile institutions and while documents such as the Indian Constitution are the crystallization of the ideals of a young nation, the governments that come in the future tend to be pragmatists and such pragmatism is more than likely to betray those ideals. The judgement of Kesavananda Bharati v. State of Kerela by the Supreme Court of India is cornerstone of this very tryst between the pragmatism of growing India’s legislature and the morality of the Constitution, being protected by the judiciary. The judgement essentially gave a blanket veto in the hands of the judiciary over preserving the ‘basic structure’ of the Constitution, ensuring that the ideals of India’s Constitution makers do not get compromised by the interests of whichever government that comes to power. This case commentary intends to analyze the history of this dispute, its ramifications, the merits it has and the flaws it creates in Indian legal discourse, since the judgement is not perfect in nature.
The terms like “Arrest” or “Detention” usually comes into play whenever an individual is suspected of committing a criminal offence which is to be proved beyond a reasonable doubt in the court of law. However, as per Indian Law “Arrest” and “Detention” have proved to be an effective mode of enforcing a decree of a Civil Court. This mode of execution may be exercised at the sole discretion of the Decree-Holder only. If the Judgement-Debtor refuses to comply with the decree or even tries to operate in the grey area, then the Decree-Holder after crossing his T’s and dotting his I’s can enforce the decree through “Arrest”. However, the Court cannot just order arrest for mere inability to pay on the part of the Judgement-Debtor, the Court has to record reasons before ordering any arrest. This paper deals with the procedural and Constitutional aspects of “Arrest” and “Detention” as a mode of execution of a decree.
Since the inception of antitrust laws in the Indian continent, there has been several changes over the long period of time, we as researcher deduce such changes which has taken place over the time, as the researcher emphasis on the fact that promotion of free enterprise is the sine quo non-feature in the antitrust law. We as Researcher identify the functioning of the Horizontal agreement in the market and study the elements of anti-competitive nature prevalent in such agreement, we further do and detailed analyses of the growing merger and acquisition trend in the country and made an effort to draw a nexus between the M&A agreements and Competition law. The researchers identify the growing trend of M&A and Horizontal agreement is causing appreciable adverse effect (AAE) in the market, thereby the researchers finally make an attempt to provide suggestions which could be adopted by the legislators to overcome such dispute in law and amicably settle matter in order to promote free enterprise in the market.
With the growing ambit of international law and the increasing human rights violation across the globe, understanding the relationship between international law and human rights has become imperative. The question of whether international law agencies and covenants can be used to secure peace in the world has become increasingly important. Are human rights a part of international law? Are human rights an object of international law? If yes, then what is the relation between these two concepts. Should these concepts be treated differently or as part of the same global objective? This Article seeks to answer these questions briefly. It studies the history and emergence of human rights and international law. The meaning of human rights has been well defined in the Universal Declaration of Human Rights and many other international covenants. These are the basic form of rights that are available to every person worldwide, irrespective of any other factor. International law, on the other hand, is a set of rules and norms that govern the relationship between different states and nationals. International law has emerged from the development of different nations. The relationship between international law and human rights can be well studied from the date of inception of these concepts. The roots of these two concepts intertwined at the beginning of the revolutionary era. To understand this, the history of these two areas must be studied. The research done for this Article addresses the core questions of the emergence of each concept and how they have developed to be a part of one another. It briefly studies the relation between them and their interdependency.
Assam has always been facing the issue of illegal immigration since time immemorial. And this issue has always created huge tensions in establishing the law and order situation in the State. There are several examples of brutal incidents that are related to this issue like- the Nellie massacre in 1985, the Bodo-Muslim Conflict in 2012, and recently the protests against the Citizenship (Amendment) Act of 2019 (CAA) where again five Assamese people had to sacrifice their lives. In such a situation analysis of the existing Citizenship laws and their relevancy with the Assam Accord, which was signed after the brutal Nellie Massacre, becomes important for understanding the extent of conformity between the objectives of these laws and the demands of the local people from such laws. This Article has therefore focused on the Constitutional validity of the Assam Accord and the CAA of 2019 along with the conflict between the two and the impact of such laws on the issue of the Assamese people where the conclusion highlights the lacunas in both the legal documents along with the question that we as citizens of a democratic country must think for.
In the wake of an ongoing pandemic, analyzing the contours of compulsory licensing is important. Compulsory licensing permits a person to reproduce a patented invention without obtaining authorization from the patent-holder. The Indian Patents Act, 1970 holds various provision in this regard which lays down the yardsticks for compulsory licensing. In case of an emergency the Central Government is empowered to grant compulsory licenses to tackle the issue. Covid-19 is one such emergency which require a grant of compulsory license on the vaccines. Article 3 of the TRIPS Agreement, which India is a signatory, recognizes the need for issuing compulsory license during emergencies. In this regard, compulsory licensing will pave way for affordable and universally accessible patented Covid-19 vaccines and other pharmaceutical inventions or processes, including the components and kits. Various countries such as Germany, Denmark, United Kingdom and Canada have incorporated the need for compulsory licensing in their legislations. In spite of several mechanisms in place to resolve this situation under the TRIPS Agreement, there are still major issues with respect to their effectiveness.
The moment a sound recording is heard, it becomes evident that there exist not one but many elements involved in the making of such a recording. The lyricist, the composer, and the producer of the sound recording, all are entitled to copyright protection in their respective works. However, the question that has often knocked the doors of the judiciary is that whether the exploitation of the sound recordings incorporating certain musical or literary works disharmonizes with the copyright protection granted to such underlying works. Recently, contrary interpretations in this regard by the IPAB and the honourable Delhi High Court have further fueled the discourse on this issue. The author through this paper has tried to condense the various complexities in this regard. In doing so, the statutory protection granted to the aforesaid works have been analyzed independent of the 2012 Amendment. Further, the author has delved into the issue of accrual of royalty by the underlying works when the sound recording incorporating them is exploited. In the course of dissecting this issue, judicial precedents both prior and post the 2012 Amendment have been discussed. Finally, the eventual effect of the amendments on this issue has been examined. Consequently, it has been concluded that on a reasonable interpretation of the said amendments, it becomes clear that the underlying works indeed incur royalty when any sound recording incorporating such works and not forming part of any cinematographic film is exploited. This, the author has inferred to be the intention of the legislature in this regard while passing the Copyright (Amendment) Act of 2012.
Throughout the history of war, conflicting parties, militaries, rebel groups, terrorist organizations, and even sometimes races to show their dominance have used rape as a tool to terrorize, punish and destroy populations. Under International Law, such sexual violence has been characterized as war crimes that are cheaper yet more effective than bullets. And the victims of such crimes are mostly civilians and mostly the vulnerable group of society, the women. The consequence of rape and using other forms of sexual violence as a means of war goes far beyond individual sufferings. It destroys entire communities, family ties, spread diseases like HIV and its effect remains for generations to come. The United Nations have pledged to treat sexual violence as the war crime that it is and not as collateral damage of war the International Committee of the Red Cross (ICRC) is stepping up in its efforts to prevent sexual violence as a means of war and also physically and emotionally helping the victims. This paper deals with the sexual war crimes starting from the time of the Second World War, providing details of the rape of Jewish women in the hands of the Nazi military and the comfort women controlled by the Japanese military. Followed by cases of other wartime sexual crimes in Bosnia and in parts of South Africa including the Democratic Republic of Congo, which is infamous as the rape capital of the world. The paper concludes with the international recognition of sexual violence, violation of women’s human rights, and the role of the United Nations and ICRC in preventing such heinous war crimes.
“Thief is an artist, and a policeman is, at best, a critic.” <strong>-Oscar Wilde</strong></br> If this statement carries conviction, law and policy makers will have to stay convincingly ahead in the race against law enforcers and law breakers. The research paper focuses on economic crimes and their implications in the society. Since economic crimes have an adverse effect on the society as well as the economy it is of utmost importance to understand the gravity of the crime and how fatal can it prove to be. The research paper aims at highlighting how economic crimes impact the society and the government and suggests ways in which these crimes can be dealt with. The research paper is based on data from secondary sources and aims at explaining the impact of economic crimes on the people which takes place indirectly. Given the vast population of India and the illiteracy rate many do not consider economic crimes as serious as it should be due to the indirect impact it has on people and direct impact on society. One act by one individual can affect the lives of all in the country. Economic crimes are different from other crimes due to a couple of reasons. Economic crimes are committed by people who are intelligent and under the repercussions of their actions, they are powerful people in the society and hence have the means to take refuge from the negative effects of their acts. Above all economic crimes unlike other crime do not concern two different parties but has an impact on the economy and the overall country. Hence the paper aims at highlighting these crimes and what measures can be taken regarding the same.
The need of the highly technologized world is fulfilled via computers, computer systems and internet. The cyber world knows no territorial boundaries and therefore, this makes the computer systems vulnerable to malicious transnational cyberattacks. The Cyberattacks are on an exponential metastatic rise around the world with very little action to prevent these on the International front. Since, transnational cyber-attacks are a rising global issue and domestic law offers almost little to no help in punishing the offenders, there is an urgent need for international law experts to move beyond Tallinn Manual, and explore the possibilities of drafting a precise and unambiguous convention on transnational cyberattacks. Authors have also argued for the formation of an impartial international tribunal mandated for the purpose of investigating and resolution of transnational cyberconflicts. A Convention and Specialized Tribunal dealing with transnational cyberattacks can go a long way in solving most of the legal problems faced by people working in the domain.
We are living in an era where the last profession that anyone would ever want to achieve professionally has been commercialized. It is a medical profession. Thus, it has now come under the purview of the Consumer Protection Act. This paper describes how medical negligence is a violation of human rights and the right to health which is an inherent fundamental right and falls under the extended view of Article 21 (Right to Life). It explains the meaning of medical negligence and observes its consequences. It throws light on the current circumstances regarding medical negligence prevalent in India through data. The landmark verdict recently given by the Supreme Court in two notorious medical negligence cases has been discussed in detail. Meaning of informed consent and protection of doctors from unnecessary harassment has also been mentioned in this paper. The paper is concluded by giving suggestions.
Lord Macmillan once said that every case that goes to the court was an indication of the failure of the draftsman. The legislature passes an arbitrary and archaic law and tries to coerce the people to abide by it. As long as there is a constitution, people can challenge any law which abridges their fundamental right. Judicial review is an implied authority vested in the constitution. This article deals with the importance of judicial review with respect to the current political trends. The model of judicial review is compared to the other constitutions, their duties, and obligations towards solidified laws. This article also deals with the current trend in judicial review in the form of ‘judicial activism’. This article takes us through a nostalgic journey where we shall revisit the concept of judicial review meticulously.
In this paper, an attempt has been made to understand an analysis of the agreement on Trade-Related Investment Measures (TRIMS) which is a piece of the Marrakesh Agreement where the Uruguay round of negotiation was ended. TRIMS came into force in 1995 and this agreement incorporates the equal right to foreign investors as domestic investors. Trims emphasize member nations that they should not adopt investment measures that restrict and distort trade. The TRIMs Agreement has been discovered by the developing countries to be standing in the way of sustained industrialization of developing countries, without exposing them to balance of payment shocks, by reducing substantially the policy space available to these countries. On the other hand, developed countries have been arguing for a further expansion in the list of prohibited TRIM. But India should be careful while giving its node to the expansion of TRIMS because it may make Indian manufacture more vulnerable to the cheap products of developed countries. This paper is predominantly focused on the dimensions of the agreement on Trade-Related Investment Measures.
India in the 21st Century has been termed and opinionated to be the, in terms of the country’s of growth and establishment of start-up’s, fast paced, with quite a surge than it was expected from a third-world nation. It is not just the pace of growth that is increasing but also the Government support, which has now given a lot more opportunities for different entrepreneurs to come up with different ideas and to get the funding, and to move ahead with what they are expecting of. India definitely has a lot more pool of talent and labour, which makes it very cost-effective for setting up a business. Challenges definitely exist, too, but the best part is people know how to move forward. Different start-up’s like Zomato and Swiggy have also received the right amount of growth, and as of today, Zomato is one growing platform not just generating income but also providing employment. Considering it all, the given research paper has been prepared for understanding how the Indian restaurant aggregator industry has been functioning, what law is applicable to them, how does a law affects it, what licenses are to be obtained before moving ahead and alike.
This article has one primary objective i.e., to study and understand the progression of LGBT+ rights and laws relating to it in the current era. India and the United Kingdom are the two countries that are covered in this article. The article traces the timeline of laws and rights related to the LGBT+ community in both these countries. Both the countries have a special relationship. Most of the criminal laws of one nation find their origin in the former country. British ruled over India for 200 years and gave India much of its present-day criminal system and laws. Hence, these two nations are tried to be studied in one article. The article aims to provide a better understanding of the history of laws related to the LGBT+ community in these two nations.
The main aim of this Research Paper is to aware people about the Rights in case of Arrest or Detention. This Research Paper also helps Researcher to come forward to research on topics related to this Right. There are multiple views on this Topic, but I still realized to embody it in People Life’s. Article 20, 21 and 22 of Indian Constitution provides a Right to Freedom a Fundamental Right which also provides Rights of Accused Person. The researcher has research by various secondary sources and also discusses many related case laws. This case law has helped the researcher to analyse the topic. The researcher also research on Sections of Code of Criminal Procedure for accused person in human perspective.
We all already know that intellectual property plays a very significant role in the protection of innovations, art and inventions. Thus, in the present epoch of digitalization where every day we talk about the significance of inventing newer technologies, being able to protect the same in an effective manner should be given utmost importance. This is especially of great importance to most startups that are struggling to be known in this technological period called the Internet of Things (IoT) era. Many a times the survival of these startups depend on the success of their basic technologies which can always be undercut by larger competitors. Thus, we must be able to protect our invention by the way of creating a strong patent portfolio. In the course of time, IoT is going to benefit the world and open various amounts of opportunities to several consumers and businesses by helping us connect billions of devices though a mutual platform. This will, as a result, lead to the rising of several issues related to intellectual property and further will lead to years of courtroom battles and high penalties. This paper, in the given background, would gage the importance of protecting one’s technology and invention. It will further highlight ways to deal with the issues related to patent violations and furthermore examine the crucial point of patent protection in the (Iot) generation.
White-Collar Crimes are crimes are planned crimes involving defrauding someone in order to earn a financial gain. Such crimes are committed in the course of an occupation or profession and done with calculative measures thus, it also goes by the name of occupational or professional crimes. White-collar crimes dwell in the social system, economic system and corporate system, an organizational system, and how such crimes affect these systems is dealt in. Researching about white-collar crimes gives an in-depth insight into the particular culture that is the corporate culture and further its subcultures can also be explored. The strategies and methods used to study white-collar crimes are numerous and varied, in the present research paper the researcher has chosen the survey and questionnaire method. The aim of the surveyconducted was to gather information from a group of individuals who gave informative insights about the topic under consideration.
Live in relationship where a couple live together under a same roof until they are ready to be hitched or say until they want to get married. This type of relationship are not illegal in India but still have not fully accepted by our Indian Society. Many types of social issues have arisen many times when we read about the concept of live-in relationship because of the fact that Indian marriages are considered as a beautiful relationship or a tie bond and these kind of relationship are considered as sin according to our society. There are no particular laws for live in relationships in India but considered as judicial Interpretation. There are no such laws related to this but our Indian judicial system is little bit confused about this because there are still some rights associated with the couples in live-in are present like under Criminal procedure code, evidence act, there are safety houses for such person for their protection and many more rules and regulations are present. Under this research paper we are going to see such rules and aspects and also societal aspect on this relationship in accordance with some judgement.
It is not unusual for certain people like the Army personnel, serving or retired, or Police personnel, serving or retired, to have forgotten if they had a piece of Firearm or Ammunition on their person. Moreover, it is also quite possible for a person to have bought an antique piece of Firearm as a memoir and later found out the hard way that the item was a live piece. In that situation, the courts look into whether the possession was “Conscious or Unconscious”, this current short note looks into the issue and its legal ramifications briefly.
Social justice means an array of important principles, like equality, peace, safety and freedom. Upholding social justice means valuing the rights of all individuals, and unfortunately, the world isn’t quite there yet. Millions of girls and women around the world face injustices, like being denied an education, forced into an early marriage, or made victims of gender-based violence. These injustices prevent girls and women from reaching their full potential. It implies legislative administrative measures to give right to women no Inheritance ownership, to credit and to natural resources and technology. It is Necessitates to promote women’s participation in employment and ensure Economic and social protection, unemployment, ill-health, maternity, child Bearing, widowhood, disability and old-age. Meanwhile in India, reservation of Seats in parliament and legislatures for women is being actively pursued at the Government to offer a political toast to entertain women. Many important court Rulings regarding relating to harassment of women at work, maintenance of even If not legally married etc. have made the womenfolk stronger. Many savings and Insurance schemes, announced from time to time by the central government and various state governments, have helped women to become economically stronger.
Child trafficking can be held as one of the most inhuman criminal activities at the contemporary age of human civilization. The growth of child trafficking across the globe has made it a serious International issue concerning the future of the humanity. The trafficked children are then again forced to commit several activities with inhuman legacies, like terrorisms, prostitution, slaved/bonded labour, etc. This issue is more common in Developing and Least Developed countries and since India is a developing country, such issues are expected to be at a significant height. Again North-Eastern Region of India has been living under serious isolation from whatever developments are taking place in the mainstream India. It is even alleged that North-Eastern Region has mostly faced negligence at the hands of rest of the India. As a result, underdevelopment has become the fate for most of the population of this Region for which instances, like child trafficking is also increasing in the region. This paper focuses on the instances of child trafficking in the region along with its causes and concerns and the efficiency of the legal mechanism adopted to tackle such issues of child trafficking in the Region.
Law is the one through which a country is governed. It provides a framework for implementation. Rule of law and Equality states that everyone should be treated equally in terms of law and principles of natural justice should be followed. This paper pertains how equality and rule of law were formed and are being implemented in United States and United Kingdom. Is equality and rule of law well implemented in a written Constitution or an unwritten constitution? The present paper deals with what is law, meaning of Equality and Rule of law, Equality and Rule of Law in United States, Equality and Rule of law in United Kingdom.
The evolution of technologies, software, social media, easy access to the internet and multi-media networks facilitates the users in the easy and quick process to work; however, the problem arises at the point where users or a group of users malignly or knowingly maligns other user(s), leading in arousal of their legal rights. The author, via the instant research paper, highlighted the brief study and empirical research regarding the occurrence of cyber offences, meaning, concept, punishment, a procedure to file complaints, prevention, steps taken by the government, and all other necessary information related to the cyber offence and Information Technology Act of 2000. Violating the laws and punishment for such various cyber offences is given under the Indian Penal Code 1860 and Information Technology Act 2000. The researcher also mentions a detailed study of the role of the Government in curbing cybercrimes by policies, schemes, launching online portals to smooth complaints, spreading awareness to the common man, etc. The article, along with the importance of awareness about cybercrimes and legal penalties, is also centralised on the aftermath of the cyber offence. The researcher aims to put forth the complete legal process in filing and admissibility of such online evidence in law. The instant research paper is based on academic research, applied research, qualitative research, also contains case study research, where the researcher briefed the study of the existing judgments of the High Courts and Supreme Court of India as may require.
Corruption in India is an greater issue which deeply harm the economy of central, state and local government agencies in different ways. Corruption is hold accountable for restricting the economy of India. social spending schemes and entitlement programmes by the government are considered as largest contributors to the corruption. This research article will be shedding light on the corrupted government servants and will be giving a deep analysis of the case study or critical study of ramendrasinh jaysinh kushvah vs. state of Gujarat and also moving towards the causes of corruption which is deeply rooted in our Indian society and government. Development activities are slowed down by corruption. It demoralizes the soul of skilled and sincere citizen. Fair distribution of resources and opportunities also got effected in a negative manner.
This paper talks about the division of powers which is an essential ingredient for a state to be federal. The paper delves with this importance by using various case laws and provisions in the statute that talks about these division of powers. Then the article talks about the situation that is prevalent in the country at the moment with respect to the resolutions which can be passed by the government. Lastly the article focusses on certain measures which can be taken keeping in mind the current situation to exercise the division of powers and to ensure the concept of federalism is upheld.
To decide who is wrong and who is right in any case or suit before the court of law, evidence is required. It can be oral or documentary evidence. According to the rule of best evidence under section 60 of the law of evidence, evidence must be given by a witness who says that he has full and complete knowledge of the fact in issue. The evidence that is not directly related to the fact in issue is not admissible and is prevented under Section 60 of the act. Hearsay evidence is not admissible generally but if admissible are only covered under section 6 of the act. The facts that are not in issue but are relevant as they are the part of the same transaction are covered under section 6 of this act and this is termed as res gestae. The facts which are covered under res gestae must be different from the facts directly related to the issue but should be corroborative and necessary to prove the facts in issue. The facts that are directly connected to the facts in issue are admissible as evidence under the doctrine of res gestae.
Granting water bodies legal rights have captured the attention of many, however it is debatable if the move actually brings about a tangible change in the protection of the environment. Conservation of rivers and lakes in India is of the utmost importance and the same has been attempted before and crores have been spent on such projects. Granting personhood is an abstract new attempt at solving an old conundrum that continues to plague the country. Many rivers and lakes in India and other countries have religious and social significance and greatly affect and influence the lives of many. This paper attempts to analyse the rights-based approach to environmental protection and demystify the grant of personhood, the practicality of the same, and highlights a cultural perspective in the decision.
Cybercrime is developing and untangling at an alarming rate. As the users or servers of social media platform and digital workstation workers are increased the crime in the virtual world, that is cybercrime world. Cybercrime circumscribe all the fields as economic, digital stage, political and bank or corporate field. This paper is an in – depth study of various modes of Cybercrimes in the world and the cross-country models of Cybercrime and Cyber security. This paper also gives a study about Information Technology Act, 2000 which is framed to adjudicate and justify the legislations about cybercrime and its punishments. Information technology Act, does not include or state the explanation of term define ‘cybercrime’. Cybercrime means an illegal activity carried out or be blame to the use of computer or necessaries of a digital device or workstation indulged with them as data, documentation, software, and sites together as task – oriented or operational tool which further call forth for cyber-crime, hacking or dissent services and prohibition for use of services. The goal for this study and analysis have four – fold: firstly, to explore, study and review the meaning of cybercrime, cyber – attack and cyber – security and to monitor the history and origin of cybercrimes; secondly, to examine and inspect various modes of cybercrimes and cyber – attacks; thirdly, to inspect and fractionate the provisions of Information Technology act,2000 with articles of Indian Constitution, 1950; and fourthly, to look over, research and examine the provisions of Indian Evidence Act, 1872 with cyber laws of India. The historical genesis of cyber laws laid down its root in 1820. The first cybercrime is transcribed took place in the year 1820, by France textile manufacturer Joseph Marie, the device authorizes the reproduction of a service of procedure in wearing of special fabrics, this resultant in a fear of Jacquard’s company’s employees that their cultural application and livelihood was at stake, they perpetrate or enactment for course of action of couple to discard Jacquard from furtherance serving of technology. This was recorded as first cybercrime! The proposition or approach of this paper relating to cyber laws and the field of cyber laws is that this research paper contains various modes of cyber-crime and cyber-attack across the world and in the second half or part of the paper there is study and genesis of two most important laws of the country that is Indian Constitution, 1950 and Indian Evidence Act. As it states and has laid a groundwork and structure that how both laws are co-related to cyber laws.
In this article an attempt has been made to put forth the argument that there exists a pressing need to set up ethical standards of practice for counsel in International Arbitration along with a supra national regulatory body to enforce said standards in order to facilitate the establishment of a uniform and certain regulatory regime in International Arbitration.
India is a signatory to ILO Conventions for prevention of child labour. In India, there exist judicial decisions as well as many central acts which aim to curb child labour. Despite that, it is one of the most notorious countries for exploiting child labour, which is very rampant in the garment industry. Children below 14 years are employed in various stages of supply chain due to their small fingers as well as cheap labour which benefits their employers. The handloom, silk and textile industries have harmful processes which leads to long term health issues in children, who are also subject to mental as well as physical abuse on a daily basis. The Human Rights Watch released a report where these bonded children’s labourers were addressed as “virtual slaves”; many parents sell their children, especially girls to factory owners for money. The home-based garment sector is the worst hit without any accountability due to “supply chain opacity”. In light of these facts, an analysis of the international standards, landmark judgements and existing laws makes it clear that their implementation is weak. Through this, the author suggests some changes to the laws and regulatory policies which would help save vulnerable children from exploitation.
Democracy as an essential feature of the Constitution is unassailable and free and fair elections lie at the core of the democratic polity. While a free election is where all citizens can vote for candidates of their own choice with a free mind and without any threat or pressure, a fair election is one in which all votes have equal power and are counted equally but in addition to the above, a fair election encapsulates much more other than recognizing the principle of one man, one vote, and one value. If you ask ten people as to what free and fair election is, there will be ten different responses but amongst all, people insist on ‘clean candidates’ for the elections to be effective. It is one of the most disturbing features of India’s electoral democracy that the candidates with a tainted and tarnished image are unscrupulously fielded by the political parties who indeed have no reservations but to directly or indirectly indulge in criminality to gain success at an election. Resultantly, we fail to have good leaders to keep the country abreast with the other progressing States. Today, India might vaingloriously claim to be the world’s largest serving democracy but it can sadly not hold up to claim to be the greatest democracy of ideal representatives.
The Constitution of India enables an aggrieved persons to approach the High Courts and Supreme Court under the aegis of Article 226 and article 32 respectively for the enforcement of rights. The judicial activism has given birth to the doctrine of existence of alternate remedy whereby the High Courts and Supreme Court can refuse to entertain a petition in cases where an alternate and equally effective alternate remedy exists. The paper tries to analyse the nature and scope of doctrine and its applicability in pretext of Indian Constitutional Setup. It then discusses the situation where alternate remedy bars relief under article 226 and 32 of the constitution and it also examines the exceptions to the application of the doctrine. It concludes by establishing the gaps that exist between theory and practice for the enforcement of fundamental rights.
There are numerous impressions of the Coronavirus pandemic on law and its enterprises and activities, including the closure of law practices and courts, the decline in services, the lack of clienteles, the withdrawal of client schedules and settlements, the decline in the accessible workforce owing to the virus or social distancing, and the struggle of holding unambiguous appointments and services. Therefore, the law as an arena has holistically changed in order to integrate technology in order to cope with the everchanging digital world. This paper highlights the use of cloud computing as part of digitization of the legal profession while emphasizing the advantages as well as its risks. It will also discuss CaseLines, a cloud-computing software that is increasingly becoming popular to conduct Court online. Various jurisdictions such as DIFC, South Africa, Canada, England and Wales, etc. has employed the use of Cloud-based evidence management systems to ensure the delivery and processes of justice, which is one such use of Cloud Computing.
Persons with disabilities will have difficulty to access health care, education, employment, and community participation even in normal circumstances. They are more likely to suffer from higher rates of violence, neglect, and abuse, and to be among the most marginalized in any community affected by a crisis. COVID-19 has exacerbated the problem by having a disproportionately negative impact on people with disabilities, both directly and indirectly. Mostly, people with disabilities will have pre-existing health conditions that make them more vulnerable to contracting the virus, causing them to have more severe symptoms and dying at higher rates. During the COVID-19 crisis, people with disabilities who rely on others for assistance may become isolated and unable to survive lockdowns, especially those who live in institutions, as evidenced by the high number of deaths in residential care homes and psychiatric facilities. Access to health services and information has become more difficult for people with disabilities. In an infectious disease pandemic situation like Covid, this article discusses the unique roles of the state and other stakeholders in ensuring the health rights of people with disabilities. This impact can be reduced if key stakeholders take the necessary actions and precautions on time. The objective of this study is to examine the impact of the COVID-19 pandemic on people with physical disabilities, as well as the isolation and protective measures that have been implemented by the State to protect them.
Marriage is a promise of love and respect and our society considers it to be a very sacred bond between two equal individuals. But is it correct to treat marriage as a licence for sex? Isn’t it hypocritical to preach that marriage is a bond between two equal individuals and deprive women of their right to bodily autonomy, to scrape them off their individuality as soon as they get married? Isn’t it strange that even in the 21st century, when we talk so much about equality, we are so paranoid to let go off the concept of the wife being subservient to her husband. Even today, it is impossible for maximum number of people in our society to accept that a married woman has the right to say no to sex with her husband, that a woman can be raped by her husband. This Short Note attempts to highlight how our society is so adamant to preserve the patriarchal roots. An attempt has also been made to put forth legally reasoned arguments establishing how the second exception to Section 375 of the Indian Penal Code is not only inconsistent with other legislations but also is unconstitutional as it violated Article 14, Article 21, Article 19 and Article 15 which form the basic structure. Highlighting the threat that it poses to the society at large, an inference has been drawn stating why there is a dire need to recognize marital rape as a criminal offence and to stop treating marriage as a prerogative to rape.
Illegitimate means “something which is contrary to law”, the children are those that were not born to married parents. Even the statute has discriminated against them in certain cases and virtually any direction. Also, with the arrival of citizens who are forward-thinking who broad-minded and don't think of illegitimacy as a moral disgrace, the legislation can be modified accordingly. In family law, child custody describes lawful guardianship over a minor child. the care of their children is a critical issue for the women in abusive relationships Women have to live in terror of losing their children and bear all manner of abuse to prevent change. Previously, in the law, a parent was given precedence as the natural protector in these conditions in all circumstances. This still holds true for culture, meaning the wife is seen to be secondary to the partner, who is seen as being the legal head of the household. When making their way out of the matrimonial house, they are informed that they will be unable to be awarded custody of their baby, as well as faced with other problems, and are confronted with problems meeting them. To a degree, she is no longer seen as the country's natural protector because of the ongoing efforts of the women's movement.
Intellect, as a word, meaning perception. It is the faculty of knowing and reasoning the barometer of one’s understanding of persons or things, of events and concept, individually and collectively. According to Salmond, the immaterial product of a man’s brain may be as valuable as his lands or his goods. The law, therefore, gives hi proprietary rights in it. Intellectual Property (IP) provides exclusive rights to the inventors or the manufacturers of the respective intellectual property which in turn enables them to reap out the commercial benefit from the innovative idea or design. Considering that invention in the 21st century had a tremendous impact on a country’s outlook and development, the Government of India with an aim to create and exploit synergies between all form of intellectual property, concerned statutes and agencies had approved the National Intellectual Property Rights Policy in May 2016, to outline the future road map for IPR in India. It endeavours for a “Creative India; Innovative India”. The policy is entirely n compliance with the WTO’s agreement on TRIPS, which aims to push IPR’s as a marketable financial asset, foster innovation and promote entrepreneurship while protecting public interest and boost the flagship scheme ‘Make in India’. The new IPR policy recognize the need to review of existing IP laws, to remove the anomalies in the existing legislative framework, awareness generation and to make balance between the private rights and public interest so that a stable, transparent and service oriented IPR administration in the country can be established.
We have all heard about the principle of presumption of innocence or “innocent until proven guilty”, a standard doctrine abided by the courts and all investigative and judicial authorities of the country. Back in the good old days, we had no option but to sit back and watch as a trial lived its due course of time, facts unfolded one after the other, witnesses stepped forward to testify, witnesses turned hostile, the accused almost failing to prove his innocence, and one new piece of evidence turning the whole case around. Cut to the twenty-first century, where one can only dream of a high-profile trial being kept away from opinions, criticisms and judgements of millions sitting in-front of the TV screens, a smaller screen in their hands, ready to press the “post” button, their unsolicited comment ready to be read, forwarded and absorbed forever by a phenomenal black hole called social media. Press and media, priding itself as the fourth pillar of democracy has now turned into a catalyst and instigator of public hate and open trials, breaching the sanctity of a judicial system that craves to look at the suspect before it with an impartial eye.
Development is right of each country whether it is developing, under developing or developed country. The United Nation General Assembly firstly draft the document of Millennium Development Goals Summit 2010 when it does not fulfill the goal then in 2015 published zero draft proposal at its 13th and final session on 19th July 2014. The proposal consists of 17 Sustainable Development Goals accompanied by 169 targets. Since its inception in 2015, the 2030 Agenda has provided a blueprint for sustainable world where all people can live productive, vibrant and peaceful lives on a healthy planet. The year 2030 is just a decade over away from us the action taken by us today will lay the right path to achieve the sustainable development goals. The Agenda is accumulation of many years of negotiation and was endorsed by all 193 member nations of the assembly for all countries. UN Secretary General Ban-Ki-Moon noted that “the new agenda is a promise by leaders to all people everywhere. It is an agenda for people, to end poverty in all of its forms- an agenda for planet, our common home.” The mandate to develop the proposal on the SDG’s has been included in the Rio+20, therefore it need to be considered a crucial milestone in the development process of the SDG’s and represents a key component to understand such a process. United Nation Human Rights Commission has provided the equal rights for all persons of all countries without doing discrimination keeping this perspective in mind SDG’s goal are made so that the under developing country do not suffer in the race of globalization. This paper is putting eye on the sustainable development goals and plan making to achieve that for fulfilling the goal for which the sustainable developments are made.
Forensic dentistry is a vital part of forensic science which has many therapeutic aspects as a result of which it becomes extremely important. Bite mark analysis is one of the several aspects of forensic odontology, bite marks are a pattern that is produced by dentition of humans and animals and other associated structure that is capable of being marked. Bite mark analysis is very essential in the criminal justice system as it is present in many violent crimes like sexual assault, homicide, child abuse or attempted suicide. These marks are valuable in the determination of the age of the criminal and the type of physical abuse that has taken place. The review would highlight the importance of bite mark analysis as forensic evidence. The paper would emphasize the admissibility issues that are faced by bite mark evidence. The reasons behind the unreliability of bite mark analysis as forensic evidence for legal purposes would then be studied. Many research studies and surveys would be quoted for supporting its uncertainty as evidence. Bite marks as forensic evidence in an Indian perspective would be looked upon to understand the shortcomings that specifically Indian criminal legal system faces in the enforcement of bite mark as evidence. And then the paper would include some suggestions and conclusion which could improve the evidentiary value of the bite marks analysis
In the ordinary lives that most citizens lead, torts as ‘civil wrongs’ play an important role in addressing some of the grievances suffered by these citizens. Since this branch of law deals with a breach of duty towards the public and people, at large, its framework and implementation becomes increasingly significant. In India, the origin from the common law structure, has resulted in the law of torts having an uncodified format, which has obvious repercussions on the exercise of tort laws. An evaluation of the existing, non-codified nature of the law of torts, reveals numerous effects of the absence of a codified structure on its practical application. Against the rapidly developing legal landscape of India, there is an impending need to codify this branch of law by weighing the impact of this change on the effectiveness of the law of torts.
The history of child sexual abuse in India had been long-standing and ignored. The Non reported Cases often pose a pseud-reality of absenteeism. However, the pro-activeness of social and traditional media outreach has pierced through this veil of misinformation and have been successful in bringing forth the truth. The POCSO Act is the result of legislative intent for safeguarding the interests of minors who are unfortunately subjected to sexual crimes. Article 15(3) enables the legislature to make special laws in the case of women and children for protecting them from the vulnerability that they suffer in society. It is an active redressal to the issue but on a parallel aide needs a careful interpretation owing to its detrimental nature. While ensuring the safety of sensitive group it should be seen that the offences where both the parties are in their innocent furtherance and unaware of reprimanding effects of the respective law shall be handled carefully. The paper aims at bringing forth the social dilemmas created by the reprimanding effects of the POCSO Act where Accused even before the conviction loses its locus standi in the society. There have been enormous reports of fake infliction of the provisions of the said legislation, thereby destroying the person’s life irretrievably. This paper in the light of a case recently decided by Madras High Court analyses the current approach towards such cases and also discusses the deprivation experienced by Minors after being thrashed by POCSO provisions. The paper attempts to unfold the inimical effects of the respective law on the liberty of an individual guaranteed by article 21 where the offence has been committed by the nature of adolescence of both parties.
The topic basically discusses about the importance of concept of law in Jurisprudence and how it holds its relevance. Jurisprudence is a vast subject and the Concept of Law in Jurisprudence holds a really significant importance in the field of Jurisprudence. The word ‘Jurisprudence’ is made from the Latin Word ‘Juresprudentia’- ‘The Knowledge of Law’. But this meaning is vague and general. The meaning which the word ‘jurisprudence’ conveys in modern times is the result of a course of Evolution. Along with Jurisprudence, The Concept of Law also developed and hence is intermingled with each other. Through this project, we would be studying about the concept of Law in Jurisprudence, various philosophies and ideas given by Scholars related to it, criticisms and theories etc
The coronavirus outbreak that usurped global peace last year managed to instill fear, dread, and uncertainty in public; it had and continues to harm every sector of our nation, but the hardest hit has been healthcare. During these testing times when medical professionals have already been working vigorously to help mankind, it becomes unfortunate to encounter instances of them being mistreated and abused. Doctors have traditionally been compared to supernatural beings in Indian folklore. While the public reveres healthcare providers, they also inflict violence on them when things do not deliver up to their expectations. In order to combat the pandemic, it is crucial to build trust and show enormous support to frontline workers. The objective of this study is to highlight the risk factors associated with violence against health care workers and the possible steps that can be taken on a personal, institutional, or regulatory level to prevent such instances of cruelty. Additionally, this article will also address the legislative measures and significant actions previously implemented in a number of other progressive nations to protect doctors. Similarly, this paper will analyze a variety of literature that will bring out more perspectives on violence against doctors.
The Constitution of India, which is the supreme law of the land, under the Indian Legal System, is a green document, itself, that provides for adequate protection and conservation for ecology, environment and biodiversity. Apart from that, from the jurisprudential point of view, the Constitution of India is also a supreme document of trust and the State as a “trustee” of all natural resources is under a legal duty to protect them. The theory of Public Trust Doctrine, as such, emphasizes the State’s affirmative duty to protect the fragile ecosystems. But to the utter disregard of the mandates of the Constitution and the theory of Public Trust Doctrine, the vast tracts of the Elephant Reserve besides the Dehing Patkai Wildlife Sanctuary in the Tinsukia and Dibrugarh districts of Assam have been lost due to rampant illegal mining, logging and encroachments. It needs to mention that the Dehing Patkai Wildlife Sanctuary, also known as the “Amazon of the East”, constitutes the last vestiges of the State’s rainforest. Facts remain that a proposal for coal mining by the North-Eastern Coal Fields (NECF) of Coal India Limited (CIL) inside the ecosensitive zones of Dehing Patkai Elephant Reserve was granted approval by the National Board for Wildlife (NBWL) despite a Rs. 43.25 crores penalty on CIL by the Assam Forest Department. Altogether four Public Interest Litigations including one of the Gauhati High Court, itself, have been filed on the issues of mining in the Dehing Patkai Region. In the meantime, the Supreme Court of India calls for finding middle path between ecology and economy. The aim of this paper is to study the ecological issues of the Dehing Patkai Rain Forests, and, thereby, establishing the fact that the State has got an affirmative duty as a “trustee” to protect and preserve the elephant corridors, as well as, the environment. The paper also focuses on the mandates of Public Trust Doctrine and the provisions of forest conservation and wildlife protection laws which need to be taken into consideration by the Apex Court while maintaining a balance between environment and development.
In India every State has its own law, rules, regulations, guidelines on parole but there is no uniformity in the law that governs the parole system. Comparing Parole Rules of different States gives an insight on the discrepancies that exists in the Rules. Most provisions of parole rules in various States are similar, but certain differences that exist in parole rules of various States may lead to discrimination towards the prisoners, as the prisoners of a particular State may get more benefits due to broader and lenient parole rules in that State, while the prisoners serving similar sentence for the same offence who are eligible for parole as per the competent authority may not get the same benefits in other States due to stringent parole rules. Thus the discrepancies that exist in the parole rules of different States violate Article 14 of the Indian Constitution which guarantees equality before law and equal protection of laws to all. In this Article author has compared parole Rules of five States which includes State of Maharashtra, Delhi, Madhya Pradesh, Kerala and West Bengal.
The scientific community has clearly defined what sub-orbital flights are. However, the legal community has failed to do so. There is no clarity as to what laws shall govern these sub-orbital flights. There is no clarity as to what is a suitable definition for such flights. Recent socio-economic changes like the entry of private firms in the age of space exploration and tourism make it imperative that the law find a definition and legal regime to govern these flights to ensure clarity on issues like liability, passenger safety, and jurisdiction. This paper analyses the various legal regimes that can govern sub-orbital flights and looks into the issue of how to determine which regime has jurisdiction over these flights. The problems associated with the various methods of determining jurisdiction and the overall regimes available for governing these flights are also looked into. The paper concludes with a proposal for a rudimentary legal regime that can govern sub-orbital flights.
In the past decade, innovation in digital technology has made it possible for humans to have interactions beyond the realm of physical reality and get immersed in ‘virtual reality’ or even experience a state called ‘mixed reality’. Augmented Reality (AR) and Virtual Reality (VR) technologies hold the key to transform the way we see the world and communicate, but it also would open the door to a myriad of legal questions and concerns. The inability of the law to keep up with technology will deter it from maximising utility and profitability. An example that is often cited in this discussion is that of AR-powered Google Glass, which was welcomed with much enthusiasm in 2013, however it failed to meet the expectations of its developers due to its unappealing design and the range of privacy and piracy concerns that eventually outweighed the benefits of such technology. This article briefly examines the law on Intellectual Property (IP) to address two primary questions. Firstly, whether the protection under the current regime can accommodate IP created in the virtual world and secondly, whether real-world IP proprietors have any legal recourse for infringement of their IP in the virtual world. While VR creates a reality differentiable from the physical world, AR merely augments the physical reality permitting the user to interact with both virtual and real-world objects. Thus, due to their varying interactions with the real-world entities, the two technologies raise varying IP concerns.
One of the great benefits of solar energy is that humans are never going to run out of it as it is available and will be available in abundance beyond human existence. That is not something one can say for fossil fuels like coal, petroleum, etc. that humans have been dependent on for thousands of years. If humans want to prevent the Earth from raising carbon-emission, pollution of water, depletion of air quality, and other factors of global warming and climate change they will have to change the energy sources they use today. Turning to alternative energy source like “Solar Energy” has huge potential for the preservence of the environment which we are living in and, simultaneously substantially lower our electric bills for long run. In this paper, we are going to study about the solar energy’s potential in the two most densely populated countries in the world, i.e., India and China. In this paper we will also study, the facts and figures for implementation of solar energy and its usage in both the countries. Also, we will try to rectify on the basis of analyzation of facts to prove that solar energy, is both sustainable and an economically efficient alternative to fulfill both, need and demand of energy consumption in India and China.
“I left this work a year ago, but the stench hasn’t left me.” – Testimony of Kamlesh who started this work at an early age.<br><br> The day everyone in India gets a toilet to use, I shall know that our country has reached the pinnacle of progress. (Jawaharlal Nehru). A lot of people are not familiar with the word Manual Scavengers let alone their jobs, especially those living in an urban space in the comforts of their home. Despite a clear evidence of Indian Railways, the largest employer of Manual Scavengers (Indiaspend, 2015), which make use of dry latrines where human excrement is dumped on the railway tracks which is later cleaned manually. Is it the ignorance and active denial which has led people to believe that no such thing as Manual scavenging exists? Is the topic too difficult to talk about? Or have we failed as a society in acknowledging the real issues? Bhasha Singh has rightfully answered these questions in her book Unseen: The truth about India’s Manual Scavengers.
Diverse perspectives exist on the point of interest and area of the field of Victimology. While a few trust that Victimology need to feature as an independent area of enquiry, others view it as a subfield of Criminology. A second issue concerns the breadth of victimology and its related issues to be covered in the field of Victimology. Some scholars believe that Victimology should limit itself to the study of victim-offender interaction only. Others argue that the needs of victims, functioning of the corporations and institutions which respond to these needs, and the emerging roles and responsibility for crime victims within the Criminal Justice System are important areas of inquiry in the field of Victimology. A third issue is the breadth of the definition of the term ‘victim’. One approach is to limit the concept of victims to traditional crimes such as murder, rape, robbery, burglary etc. However, it has additionally been proposed to encompass a broader definition of the concept by covering groups such as prisoners, immigrants, subjects of medical experimentation, and persons charged with crime but not proved guilty.
The Securities and Exchange Board of India (SEBI) was established with the main aim of protecting the investors and ensuring a free and fair investment market in India. The protection of investors is a crucial objective for the SEBI, and in this background, this paper analyses the mechanism of disgorgement of profits, which has been put in place as a measure of restitution for those investors against whom acts of mischief have been committed by any player in the Indian securities markets. The main questions addressed by this paper deal with the equitability of disgorgement of profits as a remedy to wronged investors, and consequently, whether it fulfils the SEBI’s primary function of investment protection. The authors aim to present a comparative analysis of the frameworks governing disgorgement of profits in India and the US, and accordingly, draw out the various flaws in the Indian framework. On conducting an analysis of various Indian and American laws, case laws and studies, the authors have reached a conclusion that, even though Indian framework of disgorgement consists of elements of both, penalty and equity, there exists an administrative gap in the implementation of this framework that prevents the disgorged funds from being utilised for restitution of the wronged investors. Accordingly, it has been suggested that, following the example of the American framework, detailed guidelines need to be framed in order to ensure that the disgorged funds are utilised to compensate the wronged investors for their losses, thereby making it a truly equitable remedy.
The Tamil Nadu Hindu Religious and Charitable Endowments Act was enacted in 1959 and had come into force in a phased manner. Its purpose is to consolidate laws relating to the administration and governance of Hindu religious institutions and charitable endowments in Tamil Nadu. There are particular types of endowments that are specially governed by the Act, one such being specific endowment. This paper defines the nature and characteristics of specific endowments and its association with religious charity. It has still been an ambiguous provision of wide import that differs on a case-to-case basis. This position was rightfully adjudicated by the Supreme Court in the case of Idol of Sri Renganathaswamy v. Thoppulan Chettiar in February 2020. This paper aims to explain the exact focus of Supreme Court by stating and testing the specific issues and substantiating with the help of its own legal precedents. The impact of the judgement is also highlighted. It has been made to clarify the position regarding endowments and simplify the provisions of administration of endowments with respect to the wide interpretations and highly dynamic circumstances in this contemporary world.
Fair trial has been regarded as an essential component of justice everywhere. Audi alteram partem, which means “listen to the both sides,” has been considered a fundamental rule of natural justice. With the same objective, Indian Constitution under Article 20(2), in the part of Fundamental Rights as well as the International Covenant on Civil and Political Rights (ICCPR) lay down the provision of fair trial. This convention contains provisions on due process which are an integral part in the safeguarding of fair trial. Section 300 of the Code of Criminal Procedure, 1973 also explicitly lays down the provision pertaining to this rule. Autrefois acquit and autrefois convict is a bar to criminal trial on the ground that the accused person once been charged and tried for the same alleged offence and while such acquittal or conviction is in force cannot be again tried for the same offence. There are various facets of this principle, which have been developed by the judicial interpretation. The author in this article has dealt with the ambit and scope of this principle with respect to the provisions of section 300 of Cr. PC.
The internet is rapidly expanding in India. It has given rise to new possibilities in every industry, including entertainment, marketing, sports, and education. Every circumstance has two outcomes, which is universally true. Furthermore, it is the same with the internet, whose applications have both advantages and downsides, with cybercrime being one of the most serious downsides. Cybercrime is becoming a severe menace to governments, police departments, and intelligence agencies throughout the world. Initiatives to curb cross-border cyber terrorism are taking form. Indian police have established better cyber cells around the country and have begun training personnel and workforces. Understanding spam behavior and the threat that harmful spam poses, including the prevalence, frequency, length, and severity of these frequent kinds of cybercrime. Cyber Squatting is the registration of the internet domain names, devoid of the intention of using them in the names of popular brands or personalities merely to encase money. This research paper is an attempt to provide a glimpse of cybercrime in India and the world, especially Spamming and Cyber Squatting.
Banking in India forms the base for the economic development of the country. Over years, the banking sector in India has witnessed several reforms with finally the Finance Minister Nirmala Sitharaman announcing the administration’s plan to privatise two public sector banks, as part of a larger plan to privatise even more PSBs. India, in its history, has witnessed the conversion of private sector institutions to the public sector through the nationalisation of 14 commercial banks in 1969 (First Phase of Nationalisation) and 6 other banks in 1980 (Second Phase of Nationalisation). However, this would be the first time that India is witnessing the privatisation of national banks. This would cause a dilemma regarding how to initiate the process of privatisation especially in the legal parlance like whether to enact new laws or to nullify the existing laws or to amend it or in case of amendment, what kind of an amendment is required. Such an action would have social, political and economic consequences. However, the most important aspect would be to weigh the pros and cons of such an action and decide whether privatisation can serve as the panacea for the crisis.
An exponential growth in the field of Intellectual Property has lead to the question whether there is a pressing need for developing an alternative patent system or patent laws for protecting new technologies which are beyond the scope of being protected under the current Intellectual Property System. There arises an inherent need to strengthen the Intellectual Property regime, especially the Patent Law system in order to delve further into technological advancements and upcoming innovations.
Unlike traditional currency, which is issued by a central bank or administrator and regulated and issued by governments, cryptocurrency is a decentralised digital money that is issued without the intervention of a central bank or single administration. The use of bitcoin is well-known around the world, and people utilise it for peer-to-peer transactions for goods and services.With the current article, the researcher plans to examine the structure, or a deficiency in the department – of cryptographic forms of money in India. The article is divided into various parts viz. Part I, which looks at the legitimate situation in India and order of lawful occasions regarding VC’s. Part II examines the newly proposed Cryptocurrency and Regulation of Official Digital Currency Bill, 2021. Part III contains the concluding remarks.
Humanitarian Intervention since the time known has been a very debatable topic and the idea of a country interfering with the matters of another country has been a very contentious and never-ending issue in world politics at large especially after the formation of codified laws and charters which clearly dis approve of this idea. Nevertheless, countries even till today try to interfere in the matters of other countries whatever the reason may be. Due to this interference we have seen instances where countries have been dragged to the International Court of Justice multiple times and countries have been punished to. But also, is it correct to see citizens of a country suffering from blatant abuse of human rights and to be quiet. Is it alright to just keep calm and let people die just because a code says to do so? Through this paper I would analyze the basic concept of ‘humanitarian intervention’, go through the various arguments surrounding this very volatile and debatable topic, the various arguments, reasonings and justifications given by various countries which have intervened in matters and also to discuss if this concept is something which comes under the bracket of justified moral principle even though the rules don’t say so.
Plagiarism is the idea of taking someone's intellectual work and passing it off as one’s own. Failing to acknowledge someone else's literature or ideas with an internal citation or bibliography is plagiarism. Plagiarism is not copyright infringement, but it came before the idea of copyright laws. In this research paper the author brings out the difference between plagiarism and copyright infringement. Further the author focuses on how plagiarism is connected to the law of torts and possible legal remedies available to the plaintiff.
Military actions alone would not suffice the war against terrorism. One of the important parts of this effort would be Economic Sanctions not only on those who conduct these terrorist activities but also against those who support terror. In the late 20th and early 21st century, ‘Sanctions’ have played a very important part in combating terrorism. United Nations has also described the year of 1990 as “the sanction decade ” Winning the war against terrorism with the use of sanctions as a weapon however needs various policy tools such as financial stability in the country, prudent assessment of the power of the sanctioned state, relations with super-powers and different obstacles and risks. The author in this research article titled, “The use of Economic Sanctions- An enforcement tool to fight terrorism” have studied thoroughly as to how economic sanctions are an emerging way for combating terrorism. Not only this, the paper also deals with the nature of Economic Sanctions and its effects on the sanctioned state. The paper further studies about the rationale behind the usage of economic sanctions to fight against terrorism and the factors which determine whether Economic Sanctions should be imposed on a particular state or not. The paper ends with a detailed case study about “Financial war on Terrorism” started by United States of America after an unfortunate incidence of 2001 Terrorist attack took place. The author has dealt with the most important aspects of economic sanction and it is believed that the paper will be a contribution to National Security Law of the country.
“Power corrupts and absolute power corrupts absolutely.” The supreme law of the country is designed as such that it does not lay complete authority and power on one single person. Chief Justice is the Master of Roster which makes him the sole authority authorised to allocate cases to be adjudged by the judges. Lately, questions over this absolute authority were raised in the Apex Court. It has been argued that since there is no check on this power, it is likely to be misused and there have been instances to support the same. Therefore, to uphold the rule of law and revive the faith of public in the supreme organ of justice delivery, the Master of Roster should be deemed to constitute of five senior-most judges.
International organizations and standards provide guidelines for private companies within states to regulate and sanction business activity to curb climate change and human rights related impacts that may arise. The most significant instrument of this nature being the 2011 United Nations (UN) Guiding Principles on Business and Human Rights (GPs). From a legal perspective, the GPs are not very helpful in the prevention of climate-change-related human rights impacts by corporations. This is because the GPs have not been legally binding or enforceable on both the private business entities or the states. In 2019 India began working on a National Action Plan (NAP) to align corporate practices to the UNGPs Guiding Principles on Business and Human Rights and has also released the National Guidelines on Responsible Business Conduct (NGRBC). These actions by the Government emphasize the importance of the engagement of the private sector in India’s SDGs commitment. Business serves an essential role as a source of finance, as a driver of innovation and technological development and as a key engine of economic growth and employment. In such a backdrop, we aim to evaluate the ways in which the present CSR mechanism can incorporate UNGPs and the principles provided under India’s own NGRBC.
This Article attempts to demystify that the cataclysmic Covid-19 pandemic devastated one of the most vulnerable section of society namely, the children who have become orphans due to the demise of either the breadwinner of the family or of both their parents. The second half of the Article discusses various acts and national scheme implemented by the Centre government for protecting and preservation the children’s from become victim of child labours and child trafficking. The current pandemic havoc has left many young children to fend them and reportedly hospital authorities are asked to take declarations from sick parents, to confirm who their children should go to in case of their death. The National Commission for Protection of Child Right (NCPCR) has been allotted responsibility of maintaining data on number of children who got orphaned or abandoned during first as well as second wave of pandemic. Moreover, the Article also continues to discuss the step taken by Indian Judiciary for streamlining the whole process of complying data identifying children in need of immediate care. Further, at the last Article highlights the need of cohesiveness between Centre and State government in order to cater the current dire situation. The author also appreciates the work and major directions taken by the Centre and State government to mitigate present threat to child right.
“Beti hai, bohoth aagey jayegi.” How many times have you heard someone say this – it is not an anomaly in Indian society? But 74 years after independence, 74 years after the birth of the Fundamental Right of equality, why are the scales still tipped in favor of the male? The answer lies in the patriarchal mindset of the nation, which propagates the superiority of men. Patriarchy seems like a harmless network of ideas, but upon a close analysis of the dismal existence of women in India – the vicious effects of the same are revealed. This paper seeks to delineate the trajectory of the patriarchal mindset in the country – how it was born, exacerbated and today, how it has been subdued by the westernization and fundamental rights in the country. It seeks to reveal that even after such effects, this mindset is still very much present, moreover, it is thriving. It is being fed by the men in the upper policy making and judicial bodies of the countries, as their inherently patriarchal ideas find a soapbox to be propagated. This paper puts forth a call to sensitize those in power to the grievances of women, or place women themselves at the forefront.
The world of Intellectual property is vividly dynamic and ever-growing field of technology that provides its benefits to the mankind as well as benefits the creator with the prosperity and name and fame together. Patents can never be stagnant as the very nature of patenting is the innovation and novelty. The new developing areas of today’s era of technology that bring us to the three focus areas of Gene Patenting, biotechnology patents and Green patents. A patent is considered to be a negative right that excludes everybody else from the usage except the patent owner. This suggests us the importance of every patent that such strong protection is required and granted by every jurisdiction around the world. Gene patenting is related to the human body and biology which has been an ethical issue since ages which is still widely discussed among the Intellectual property fraternity. The consequences of cloning the genes are widespread and it is always a task to settle a dispute between a patent owner and a patent examiner. Thus the biotechnology and gene patenting essentially deals with the biological processes and the reproduction and diagnostic techniques and other incidental areas attached to it. Also the Green patents are the patents that support the green developments or technologies like the wind, thermal, waste, solar etc that help the cause of development but not at the cost of environment rather in support of the same. The article would try and discuss the various facets that have been in the public domain in relation to above stated patents, their issues and the benefits to the modern age.
The Agriculture negotiations of WTO was a concept that was construed and conceptualised as an way to fulfil certain long term policy changes when it comes to the field of trade in agriculture sector and to pull in specified domestic policies that is determined at leading a very fair competition and to make the sector less distorted. WTO members have agreed on maximum tariffs on nearly all agricultural products, while many industrial tariffs remain still not agreed upon. In spite of passage of decades with scholars and economists argued or discussed and postulated their view against agricultural subsidies and tariffs, political instabilities and its influence continue to have supreme control over agricultural policy setting and the trading policy of the same in both rich and poor countries. In poor countries and developing countries moreover, where agriculture is a very important share of the economy and where food is a major consumption item, the importance of agricultural policy as a public policy issue is obvious. In our paper we would like to analyse the evolution, significance, impact, and analysis of the modalities and rules of the agriculture negotiations and we would provide suggestions on whether the developing countries should rely on these modalities and rules or should focus more on the domestic policies to avert losses on trade and implementation of food and health standards. Also in our paper we would like to analyse the outcome of the proposal made by India to WTO in January 2001. We would analyse if the proposed concern of India succeeded in achieving the expected outcome.
The book ‘War and Peace’ by Leo Tolstoy is based on story of novel annals of French attack on Russia in 1812 and the influence of Napoleonic era on Tsarist society through the narratives of blue-blooded families in Russia. This research article reviews this book and critically analyses it. Enormous segments of this literature are philosophical conversations as opposed to narrative. This research paper brilliantly follows the characters, from diverse backgrounds, as armed forces attacks from assorted foundations- workers and nobles, regular folks and warriors. As they battle with issues novel to their period and their way of life, it depicts hypotheses and characters rise above their particularity. This research article explores literary devices utilized in the book that are styles of novel that emerged in mid-19th century that look like panning, wide shots and close-ups and also investigates striking metaphors in 'War and Peace'. This study recognizes why novel is anything but a verifiable novel, yet a novel that examines occasions of the recent past with the characters of genuine individuals living in the public eye. The contemporary importance of this book in comprehension in feeling, mental strength, and emotional excellence in development of humankind emerging from countless subjective human wills and obscuration, is also analysed in this article.
The principal object of the Juvenile Justice Act is to guarantee that the Children is shielded from viciousness, misuse, and abuse. This will guarantee that if a youngster submits an offense he isn't attempted similarly as grown-ups. The expression "Children in Conflict with the Law" signifies an individual who is under 18 years old interacts with the equity framework because of being associated or blamed with a commission for an offense. A Children can come in clash with the law when he submits negligible offenses like vagrancy, asking, or liquor use, or genuine/appalling sorts of offenses like assault or murder. It is strange that in the same nation, we have youngsters being locked up in jail cells in blatant violation of all procedural and human rights rules, while on the other side, we have feared terrorists attempting to abuse the country's legal system in order to circumvent rigorous anti-terror regulations.” The purpose of this study is to evaluate the juvenile justice system in light of recent events and legislation. The study focuses on the problem of age determination, which is perhaps the most significant loophole when it comes to exploiting a legislation that was enacted with the intention of being child-friendly and following the standards of the Conventions on the Rights of the Child. Juvenile delinquents should not be brutalised in the name of severe action, but neither should severe criminals be permitted to use the legal system and go free. The paper's structure has been represented in this manner by separating it into separate sections. As a result, this article covers the appropriate systems dealing to children in conflict with the law under the Juvenile Justice system.
The researchers in this paper seek to analyze the concept of human rights and its origin. The various developmental stages are concerned with the protection of the life, health, and dignity of individuals. These rights are applied at all times, in peace and war. The paper covers aspects related to legal dimensions concerning the Indian constitution and the united declaration of human rights and whether they are legally binding or not? Further, the paper talks about International Humanitarian Law that is a common abbreviation for ‘international humanitarian law applicable in armed conflict’. It discusses the relationship between states which is governed by the rules and regulations established in International Humanitarian Law, through Treaties and Conventions, and also tried to cover some of the human rights violations around the world. The paper tries to promote meaningful human existence, to the fullest potential and growth.
The concept of demosprudence is the new wave for the social reform through legal means. The countries across the globe have started recognising the third gender and other sexual orientations. Sexual subalterns continue to be culturally and socially fragmented in a diverse nation like India. This paper aims at discussing the transformative constitutionalism through the demosprudence. The long journey of the battle against Section 377 and its decriminalisation can be seen as a direct result of LGBTQ activism in India. The movement has created awareness among the masses and impacting the role of the judiciary. This paper aims at looking at the struggle of the LGBTQ community in India and how this movement gained momentum resulting into a legal and social change. Against this backdrop this paper highlights how the theory of demosprudence has helped in transitioning the criminalisation of homosexuality to creating a more inclusive societal and legal environment and framework that aims at protecting the rights and dignity of the sexual subalterns. Demosprudence reflects on the legitimizing consequences of political intervention to bring about changes in government, law, and culture. While democratic transparency involves citizen movements mobilized to impact a particular election, distinct legislation, or a judicial decision as a normative matter, we concentrate on the relationship between legislation and common, purposeful mobilizations that pursue meaningful social welfare, economic or political that is truly sustainable. It aims to recognize, examine, and track all social movements that enhance our political system's current democratic capacity and do so in a manner that creates meaningful social and legal reform.
Contracts and agreements are the concepts and terms dominating the present era. People are now inclined towards forming a contract or agreement in the first instance, while dealing with one another, to bring in the legal sanctity into their relationship and to have a clear understanding of each other's intentions which help to avoid while, the same can be of immense help in dispute resolution, if any arises in the future. ADR is internationally talked about and accepted dispute resolution mechanism. Herein, parties enter into an arbitration agreement with each other with the arbitration clause citing the procedure via which the dispute would be resolved peacefully, efficaciously and speedily. These arbitration agreements are nothing more than a document depicting the intentions of the parties. But at times, when these arbitration agreements are not clearly written or are ambiguous, then it is the duty of the adjudicating body to determine and carve out their real intentions and for the same Indian Supreme Court in various judicial decisions have laid down the principles and procedures to follow. This paper aims to discuss various such Supreme Court judgments. According to these decisions if the otherwise conduct and correspondences between the parties show in positive the existence of arbitration agreement and mutual consent to follow such an intention. Further, this paper also discusses, in bits, a new doctrine i.e. 'group of companies’ doctrine' that caught court’s attention while discussing about the existence of arbitration agreements and decluttering the intentions of the parties for the same.
We have witnessed, in many occasions, the Indian Judicial System quoting “Denial of ‘timely justice’ amounts to a denial of ‘justice’ itself’ however, could it justify extra juridical killings? This is the fundamental question our research will aspire to cover. This tool of “instant form of justice and punishment” is commonly referred to as “encounter” killings. Not so long ago, we witnessed a heinous rape case against a 26-year-old veterinary doctor in Shamshabad, near Hyderabad. Interestingly, all the four suspects were shot dead a few days later in a police encounter. Although there was a widespread appreciation of the police; however, at the same time, people started questioning the legitimacy of this act by the authorities. It is therefore essential to understand and acknowledge the mindset and the intentions of the police, victims and especially law in regards to the practice of extra-juridical killings in India. We have also witnessed very recently the Police Encounter of one Vikas Dubey, who was charged with the killing of 8 police officers recently. Using Section 46 (2) of the CrPC, there have been many instances of justifications given by the police authorities. This paper would be focusing on the need for police reforms and an analysis of various sections in the CrPC, which could be amended to prevent the misuse of powers as granted to the police.
The paper studies the role of the Judiciary, the basic principles of Independence of the Judiciary, and the doctrine of Separation of Powers in relation to the Legislative and Executive branches of the government. The author has analyzed the development in the powers of the Judiciary by understanding the concepts of Judicial Review and Activism and its effect on the other two branches of the government. Finally, the measures controlling the acts of the judiciary have been considered to realize judicial accountability in India.
Yes, the world is a dangerous place equally because of people who know and do nothing. But there are certain people in the corporate society who catch the wrongdoings. The phenomenon is termed as "Whistle Blowing" in the corporate and public affairs so called "white collar society" There is a different perspective to Whistle There is a different perspective to Whistle Blower or Whistle blowing, one may say that Whistle blowers are individuals who expose corruption and fraud in organizations by filing a law suit or a complaint with Government authorities that prompts a criminal investigation in to the organizations alleged behaviour or term them as negative words like informers" and "snitches" Whistle Blowers can be an Employee who, perceiving an organizational practice that he believes to be illegal or unethical, or an attempt by an employee or a former employee of an organization to disclose what he proclaims to be wrong doing in or by that organization or is the one who releases the information of an organization which is the evidence of illegal and/or immoral conduct in the organization which is not in the public interest.
The world aims to counter the problem of pollution. Biggest cause of pollution is use of non- renewable sources. So, efforts are being made at international level like Paris Agreement where the countries aim to reduce the pollution and tackle the climate change. One of the emerging proposals is use of Green Hydrogen as an alternate fuel. Hydrogen being abundantly available, can be a sustainable fuel for future. For the first time, Indian Union Budget has announced the scheme for Hydrogen which will promote it across the country. This article attempts to portray the benefits, future challenges and opportunities of Green Hydrogen in India.
The author has taken the Biological Diversity Act 2002 and analysed the closer look of the national legislation. The article focusses on the functions of the three-tier system and the role played by the judiciary in implementing the Act.
Terrorism is a threat that destroys the entire human structure and causes mental and physical harm to its victims. The ramification of the act of terrorism drastically disturbs the very fibre of the society. Various terrorist organizations have emerged in the 20th century and have been causing havoc ever since. One such organization that believes in radicalization and separatism is the Islamic State (IS) or the Islamic State of Iraq and Syria (ISIS). Individuals are brainwashed and are made to be credulous on certain ideologies. ISIS in an essence is a religious organization that believes itself to be the highest authority of the Muslim community. Human rights is not a novel concept as it can be dated back to 1215 during the reign of King John. The events that unfolded in the 13th century has provided us with the Magna Carta, a document that laid out the first steps to formulating a comprehensive modern human right. In this research paper, the researcher seeks to identify various definitions for human rights and terrorism. More importantly, the researcher will undertakes an effort to understand the events that led to the formation of ISIS and how it evolved to be one the highly financed, weaponized, and consequently became one of the deadliest terrorist organizations that almost took complete control of two nations and how the organization was eradicated to an extent. The researcher will observe the various human rights violations executed by this notorious organizations and the challenges to prosecute the perpetrators in the international arena. After meticulous research, the researcher will attempt to provide suggestions to subjugate the challenges in prosecuting these terrorists.
They are abandoned. They do not get a chance to step in a school. They are left to fend for themselves on the streets. They suffer from many forms of violence. They do not have access to even primary healthcare. They are subjected to cruel and inhumane treatments every day. They are children - innocent, young and beautiful – who are deprived of their rights. Etymologically, the term “child” comes from the Latin infants which means the one who does not speak “. For the Roman, this term designates the child from its birth, up to the age of 7 years”. Children’s rights are human rights specifically adapted to the child because they take into account his fragility, specificities and age-appropriate needs. So, the children have to be helped and supported and must be protected against labor exploitation, kidnapping, and ill-treatment, etc. Philosophers debate whether children, especially infants, are the kinds of beings who can have moral rights, whether rights talks in general has any point unless the being to whom rights are ascribed Children rights are human right. They protect the child as a human being. As human rights, children rights are constituted by fundamental guarantees and essential human rights. Children rights are civil and political rights, such as right to identity, the right to a nationality etc. The discussion focuses first on the right of children and child welfare, the paper also critically reviews certain proposals for regarding parents as having right to rear their children, and finally suggests a measures.
In the competition law, the ownership and use of large amounts of data acquired online from customers (big data) is a particularly hot topic. One crucial question is whether businesses' access to and use of big data can grant them market power and a competitive advantage over their competitors. In India, innovation and technology-driven businesses like e-commerce, ride-hailing apps, online wallets, and others have been rapidly increasing and experiencing a steady increase in M&A activity, exposing them to potential competition law risks. Data-driven mergers must be scrutinised more closely in today's world when access to customer data may make or break a market player. Data concentration in the hands of a single market player may be devastating for the competitiveness in the relevant market. Jurists across the world have diverse viewpoints on how to successfully solve this problem, and some competition commissions have taken a variety of approaches to handle the challenges provided by the dynamic digital market. There is a need to examine all the varied viewpoints and activities in order to determine what is best for India's completion policy. This paper attempts to analyse the development of big data in the digital market, and how can big data gain a competitive advantage, subsequently with a study about the lacunas in the present merger criteria.
An authenticated attempt to study the rationale behind the contemporary abortion laws, the study primarily focuses its attention on decoding the existing interdictions associated with the act of abortion in India. Pregnant women still are not given enough liberty to exercise their reproductive choices freely especially in matter of deciding the gender and no. of the children. Efforts are also made to demarcate the sphere of the Medical Termination of Pregnancy (Amendment)Act, 2021 along with the endeavor to understand as to how the recently made amendments can contribute to protecting the reproductive health of the women. Research Methodology and Reference Materials: The author has employed doctrinal research methodology thereby making use of the existing qualitative data to recognise the aggravating and mitigating factors which control the present problem in the light of the deductions and observations extracted from existing set of facts. For reference the preliminary findings of the WHO reports along with the study of comprehensive laws on abortion in India is made. Conclusion: The present study aims to uncover the legal technicalities involved in the present abortion laws along with the objective of laying down such means and methods which practically may help those women who want to exercise their right to abortion willingly and freely.
Legal Realism is a theory that all law derives from already existing social interests and public policy. As per this theory, judges consider social interest and public policy together with abstract rules as well. This purpose of this article is two fold. Firstly, to show the necessity of legal realism on today’s date and the various principles propounded on it. And, secondly to show the link between the Indian judiciary and legal realism and their respective failures. Realism in India is primarily exercised by the Courts for establishing the supremacy of the Constitution for the promotion of constitutional thoughts and not to establish their own supremacy. The position of the Realistic schools of jurisprudence has also been illustrated in this article.
Nearly 1 in 10 children are subjected to child labor worldwide, with some forced into hazardous work through trafficking – UNICEF The global fight against child labor began in the year 1991 with the Minimum Age (Industry) Convention that sealed the age of employment as fourteen years. Since the commencement of this convention, nations have time and again made serious efforts to combat child labor. The countries have diligently enacted laws on the lines of the ILO conventions and have achieved rather remarkable success in implementing measures against child labor. Now, the year 2021 being declared as the International Year for Elimination of Child Labor represents a foothold in the long journey that began 101 years ago. This foothold represents a fanfare of success that the international community has had in eliminating and preventing child labor. But the larger part of this fanfare serves as a reminder that despite constant efforts globally and domestically, we still have many miles to go. This paper will dwell upon the milestones that have been achieved the International Labor Organization in prevention of child labor till now. The paper will simultaneously seek to identify the reasons as to why some countries still struggle to deal with the issue of child labor. Lastly, an attempt will be made to understand whether absolute prevention of child labor can become a reality or is it still a distant dream.
Freedom of Speech and Expression is an essential freedom that must be conferred to the citizens of all democracies of the world where people are the supreme authority. It is a means to participate in a democracy where people can express their views with full liberty. This freedom of speech and expression is enshrined in the Constitution of India as a basic right with certain reasonable restrictions upon absolute exercise of this right. In the recent years, it has been observed that problems arise as to the enforcement of the Fundamental Rights in India due to the conflicts taking place between these rights and few pre-constitutional laws still in existence. State limits the citizens of the country to voice their opinions in the guise of public order and peace of the country. The highlight of the article is the question whether such restrictions are reasonable enough to be included in our constitution or is there a need to reform the existing laws. A critical analysis of criminal laws such as Sedition and imposing urgent orders under Section 144 of the Code of Criminal Procedure helps to substantiate the arbitrary use of powers given to the State. Through this article, by proposing certain recommendations, there is an effort to answer pertinent questions and scrutinize the ambit of restrictions under Article 19 in the light of other statutes.
Technology surrounds us; from waking up in the morning to the end of the day, Technology has wrapped human beings in its massive arms and has inflicted the human race to surrender to its command. Its growth has manifested a world where almost everything is possible. A world that earlier existed merely in the mind of science fiction writers today is possible. Super soldiers and the stories of science fiction have more often than not been a topic of discussion in scientific circles, their viability and possibility have alluded the community, but its actualization through biotechnology is the ultimate win. Gene editing is that ultimate future, the Technology to mutate genes and engineer specific gene outcomes is the roadmap to a fictional future. Its history predicates its use in agriculture, but with new technology, which targets a single specific gene, the doors to an enormous new application have opened up. CRISPR can target specific gene outcomes, and it allows scientists to "cut" and "paste" genes into DNA. Imagine a world where engineering specific gene outcomes to benefit humans in their worldly acts is so close to playing the "god syndrome" that it is dangerous and can yield catastrophic outcomes. Furthermore, the invention of new technology asks various questions on who uses this technology, on what is it used? Is it monopolized in the hands of a few powerful? What are the legal ramifications and ethical arguments for the use of this technology? Is this the future of our world? Is it possible to use this technology on human beings in armed conflict? This paper will deal with the legal and regulatory outlook to using this Technology, ethical arguments, and its specific use for humans in armed conflicts, with limited scope of the science behind the technology.
In India, legal system is not equally accessible to all. Its complex procedure and adversary character, the high-priced lawyers, fleecing stamp fee, passive judiciary, the traditional rules of locus standi, the uncertainty generated because of the contradictory opinions of different High Courts, the inordinate delays in hearing of the cases even where life and personal liberty are at stake, frighten away the poor man who is incapable of protecting them through law courts because of economical, geographical, psychological, language barriers. It is a known fact that it is not just the nation’s disadvantage and poor who often feel helpless in the society, but millions of middle-class citizens faced with governmental and institutional wrongful conduct, which they do not like but cannot seem to change. Citizens often feel frustrated and overpowered due to gross violation of human rights. While people affected have no voice in the decision-making process. The unavailability of legal representation to the affected people frequently prevents their practical access to courts, denying them the only forum in which they might assert their basic rights against the institutions that control them. But now Public Interest Litigation has shown that - sometimes, something can be done, and that with the effective legal representation, citizen can often make their voices heard and help to shape the public policy decisions that affect their lives. The position of the Courts has, over the seventy years of its operational, undergone a change that has witnessed its emergence as an energetic institution playing an vigorous role in expanding the scope and content of personage and collective rights of society, in the civil and political spheres as well in the economic, social and cultural field. In India Public Interest Litigation emerged due to the need of a great amount of people who individually lacked the fiscal resources or operational capability to justify their objection and their exact interest through court. In India, the courts perform their power of judicial review trace to its alarm that the poorest of the deprived, depraved, the uneducated, women, children and other downtrodden have either no access to justice or had been denied righteousness. A new branch of lawsuit known as PIL was evolved with a view to deliver complete justice to the aforementioned classes of persons. The court involves and renders suitable directions when there has been a component of violation of Article 21 of Constitution of India or of Human Rights or where the lawsuit has been commences for the profit of the poor and the deprived that are powerless to come to the court due to some shortcomings.
A media devoid of freedom indicates failure of democracy but a media on a path to destroy and abuse this freedom is a bigger disgrace. Media when conducts parallel trials it exploits principles of natural justice and deprives the accused of it rights. Media trials hinder and obstructs the administration of justice. The paper attempts to analyses the phenomena of media trails using rules and aids of statutory interpretation and attempts to fathom why media is able to abuse principles of natural justice and fair trial and escape. This research work aims to highlight the impact of media trials by analysing historical backgrounds and external aids of construction. The paper attempts to provide effective recommendations and solutions to curb the abuse of principles of natural justice and rule of law and draw operative conclusion. The interpretation acts as a road roller and tries to strike an even balance between freedom of speech and expression & when it should be restricted.
In the realm of global economic transactions, disputes are inevitable, which is why a redressal mechanism to ensure that they are effectively addressed is of paramount importance. There are several dispute resolution mechanisms that could be availed which ordinarily consist of parties upholding their respective obligations, or one party agreeing to uphold the rights of another. The importance of international economic relations across the globe has resulted in the establishment of the International Convention for the Settlement of Investment Disputes. One aspect of the dispute resolution mechanism that is constantly under scrutiny is the enforcement of arbitral awards by the ICSID under article 54 of the ICSID Convention.
The access for food should be physical as well as economical to every human being. Every country has the duty to provide their citizen with safe and notorious food. The access of food should have any barriers and quality should be accepted by the mass. This paper critically analyses and evaluates the legislations related to Right of Food in India International law and the directive principle of the Constitution of India guarantees adequate housing as a human right. In many cases the Supreme Court has held that it is a very important part of right to life, but majority of Indian population in urban as well as in rural areas live in a very inadequate and insecure condition. Where they are not provided with basic amenities such as water, shelter and proper food. The inclusion of technology in the agricultural sector is making the lives of the farmers convenient but on the other hand the excessive use of chemicals are degrading the health of human lives. This paper is an effort to find out insights on the provisions available with relation to the Right to food and evaluate the interrelation of science and technology with food security. It is important to understand the Human rights aspect in food security and how technologies are in favor or adversely affecting the Human rights.
The pandemic had a hold over the country and this demanded consistent and strict adherence to covid appropriate behavior but the practice was inconsistent. The scope of this research is to address the contrast in the stance of judiciary regarding public gatherings and the reason behind this contrast. Further, the paper seeks to highlight the political developments in the country and their possible role in the spreading of the virus. The Uttarakhand judiciary displayed adequate foresight yet the kumbh was organized, thus, the paper seeks to analyze as to what led the judiciary not consider the postponement or cancellation of the fair where, in other parts of the country religious and/or public gatherings were not being allowed. It is for the purpose of consistency that law is legislated but disaster in ensured when the law is applied inconsistently.
Today Human Right is one of well accepted and advocated concern of every state in regards to communal well-being. Acknowledging by the fact that modern civil society concerned its individuals with fundamental social, political, economic, and environmental aspirations by turning to basic human rights that urged them to appear by demanding responsibility for all human beings, but this demand has been constrained by specific domains for manufacturing and economic realizations. The Champions of Human Rights have advanced instructions describing: “Human Rights an approach to egalitarianism.” Past two decades, the focus of national and international markets toward commercialisation of natural resource has posed a great challenge towards unification of human rights and sustainable development. They reinforce of basic human norms are considered to be best ways to support enhanced enterprise conductive. The new arenas of commerce have emerged, in part due to global environmental challenges and a response to growing criticism of the use of conventional natural resource conservation approaches. The industrialisation of fresh water, air, food and environment has posed a great threat towards the basic human rights values, intensifying the depth of social inequality. In India, till today the nation has encountered great social imbalances in just seventy years, this clinches a rational mind, either the arena of clean and free environment is accessible to every social being or is just another instrument to commercialise and valuate the Human Rights and values. The basic supposition is that the humans have certain absolute natural rights, but as per modern society are concerned even clean environment is labelled through diversified prices and brands in a way forward to inhibit the absolute profits. With respect to above resolution of this research paper the author will make a critical analysis to the instrument of social justice by a means of Human Rights and its modern day degrading values and commercialising.
Section 138 of the Negotiable Instrument Act, 1881 deals with the Dishonor of cheques in India. There are a large number of cases filed under this section, and these cases are clogging the court. These chapter outlines the Object, liability, scope, procedure of Sec 138 of Negotiable Instrument Act, 1881. This chapter also outlines the Limitation Period, where India continued to be in lockdown due to Covid 19 SC held that Limitation period not to be applicable during lockdown in view of the difficulties faced by lawyers and litigations during the lockdown the SC extended the period of limitation prescribed under laws for initial arbitral proceedings and the cheque bounce with effect from March 15.
The Research Paper focuses on the various techniques of Cyber-attack and prescribes preventive measures elated to the same. Cyber-attack is a cyber-crime, which is targeted on any user’s device to hack and compromise the same for illegal monetary gains. The paper also puts light on the importance of Information Technology act,2000 and its compliance with other related statutes. Digital forensic is a branch of forensic science dealing with the extraction of data and investigation of the material recovered from the digital devices. In the 21st Century, the use of computers is increasing more and more. This has allowed the development of the internet. In turn, the web has brought many benefits, but the web has also contributed to the increase of cyber-crime. So, with the increase of cybercrime, it's become critical to extend and develop computer systems security. The intellectual property has evolved as a valuable asset that is compromised and stolen, Digital forensics has also interplayed with the concept of “evaluation source” of such intellectual property to prove the original owner of the intangible yet valuable asset of a legal person. While talking about digital evidence used in courts, these shreds of evidence fall in the same criteria and same legal guidelines as other forms of evidence. The concept of authenticity and integrity are considered Integrity is ensuring that the act of seizing and acquiring digital media does not modify the evidence. Hacking or unauthorized access to any digital device with motive to gain financial profits, or commission of a crime that involves the usage of computer, phone or any digital device connected to the network, or even the network for matter of fact since a compromised network can become the stream flow to the data being accessed through that network source.
According to the statistics presented by the European Space Agency (ESA) in January, 2021 there are about 6020 rockets launched till date since the beginning of space era in 1957. It has further provided that the amount of debris objects present in the orbit are about 128 million objects that are larger than 1 mm in size to less than 1 cm; 900000 objects that are larger than 1 cm and less than 10 cm and; 34000 objects that are larger than 10 cm in size. This number would go on increasing with the rapid rocket launches in space and the chances to remove these debris from outer space and also from the Earth’s orbit are very slim. Hence the situation calls for an urgent need to preserve and protect the environment of outer space for current and coming generations for a sustainable development.
Semi-conductor Chips are an important invention, in the digital age they have an extremely important role in the exchange of information for such information exchanges can occur instantaneously as it can be stored in huge quantities in semi-conductor integrated circuits also known as chips. This has several implications when it comes to privacy, international relations, national security and defence. Semi-conductor Chips are known as the crude oil of the information age. In this research article the author will explain the science behind the semiconductor chip, initial development, protection regime existent in India and the need for such protection. The author will also focus on the subject matter which is protected when it comes to semi-conductor chips. Chip piracy has been prevalent from the beginning of this invention as it is so easily replicable. There have been different IPs, before the US decided on the Semi-Conductor Chip Protection Act of 1984 and several countries following US lead. The author will broach on this topic and provide insight as to the Indian Scenario.
Evidence is an integral part of Indian legal, investigation and judicial system. The primary legislation governing evidence in India is the Indian Evidence Act 1872. This act has not been substantially amended to keep up with the changing social and technological advancements. The advancements which have been incorporated in practice in India has been through the direction of judiciary through legal precedents, however the same cannot be found in the the statute. In this paper, two such lacunas in the Indian Evidence Act have been analyzed and recommendations have been provided to improve the same. One of those lacunas is with Section 112, which decides on what forms a conclusive proof of legitimacy of a child born out of wedlock, but it does not consider circumstances like adultery, etc. and operates on morality. Moreover, there is no mention of DNA testing in this Act, because these tests had not been invented at the time of its enactment and no amendments to this section have been made since. As a result, there is no legislation governing DNA tests and laying down the correct procedure for the same. Another lacuna further explored in this paper is with respect to expert opinions. Who is an expert and what must be his/her exact qualifications and experience have not been mentioned in the Act. Further, there are no provisions for ensuring the unbiased nature of an expert and the scenario of contradicting expert opinions has been left to the discretion and best judgement of the judges. Also, there are very little provisions for the protection of experts in cases where their opinions are relied upon. Further, this paper studies and reviews the 185th report of the Law Commission of India and lays down drawbacks of this report as well as the lacuna of non-applicability of the recommendations made by the Law Commission.
The government has been working on amending the country’s decades-old Information Technology Act for some time now, and we finally have a rule, IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. This short article analyzes how the rules though an attempt to regulate the surge in social media and digital platform usage lacks a bit in its execution plans. If compared with IT rules, 2011 these rules also mandate intermediaries to exercise ‘due caution and discretion’ but will let government regulate digital news platform and will also be applicable to OTT content providers. Several proposals in their present form in these rules suffer from unconstitutionality and will undermine free expression and privacy for internet users in India as it is not possible to implement the rules to such wide and critical areas including WhatsApp, Twitter etc., and OTT platforms with crores of users and number of intermediaries in India itself and that too without violating the encrypted privacy of users, as we lack such technology of automated censorship and an uninterrupted regulating system. Issues like obscene contents and pornography in electronic mode have seen legislations and rules earlier too like provisions on ‘Obscenity’ under IT Act, 2000. The difficulty to decide what amounts to obscenity and to differ that from ‘freedom of expression’ is a dilemma encountered by them too and when ‘social media’ is mentioned specifically this process becomes vaguer. Also, including digital media in it is like poking the bear, in this context the bear is “freedom of speech’’. The IT rules, 2021 seems more like making same rules at a same time for a family of fifteen or more members all living at different parts of the world and mandating that each member must follow them within a stipulated time.
After the arrival of giant players like Amazon and the boom in internet usage in India, no one imagined the revolution it will bring to the market. How the practice of roaming around from shop to shop with friends or family to purchase several items and physically having to go to service centres for even a petite work would change and everything will take place within in a few clicks. From purchasing fresh vegetable and fruits to opening a new bank account and booking flight tickets, numerous activities have shifted from the physical world to digital platform, there are websites for almost everything, enabling people to enjoy access to multiple fraternities of goods and services just sitting at home. But was it always the same as it looks right now? As we moved towards a digital era, along with new opportunities, new challenges were seen arising for the businessman and consumers in a likewise manner. E-commerce brought up threats to consumers like Phishing, hacking, cybervandalism, spoofing, breach of security, privacy concerns that were unfamiliar before the rise of e-commerce in our country. This raised a concern- whether the existing consumer laws can protect the consumer’s rights when digitalisation is on peak especially in E-commerce? This paper aims to highlight the journey of Consumer rights from the beginning to what it is in the current scenario.
Juvenile delinquency is an international problem which has made its way into most of the developing countries as well as few developed countries. India is no stranger to this problem as, India has more than 50% of its population under 25 years of age and unemployment and lack of education usually turns this youth to crime. This paper is made to explore the recent developments that the National and International governments have made to counter this phenomenon and its fairness.
Elections determine who is in power, but they do not determine how power is used. The faith of people requires to be ensured not just in the rule of law but in the electoral system also. This paper will investigate on the role of crime and lagging gist in elections and politics in the context of the three organs, believed to be keeping a vigilant eye on each other- legislature, executive and judiciary. Democracy should become the basic structure and value system of the society. It is not a responsibility just of the authorities running for its safeguard but also of the people constituting the power to choose the system. Although very thorough systems of elections and laws have been advanced by the Parliament to ensure free and fair elections, the electoral system is surrounded by many corrupt practices. In accordance to the recount of Association of Democratic Reforms (ADR) on September 25, 2018, 21% of Lok Sabha MPs and 9% of Rajya Sabha MPs are confronting grave criminal cases, adding on, as examined by ADR, 22% MLAs are also accused of serious criminal charges. There are 48 MPs and MLAs who have been charged with crimes against women; 64 MPs and MLAs are accused for kidnapping; and 56 MPs and MLAs are facing murder allegations. Many are accused with numerous offences. The paper further elaborates the subject matter and the safeguard and loopholes in the functioning of the Election Commission.
“Intellectual Property Rights” is a term used to describe the ownership of intellectual property. Intellectual property refers to mind-made works requiring imagination, talent, labour, and investment, such as musical, literary, and creative works, inventions, symbols, titles, photographs, and designs used in trade, as well as copyright protection. Patents, copyright, trademarks, designs, and geographical markings are also examples of intellectual property rights. Intellectual property is intangible or incorporeal property, which means that it has no visible presence and only resides in the eyes of the rule. Inventors and developers are encouraged and inspired to use their artistic creations for commercial purposes through intellectual property rights. for the greater good of humanity It gives the producer exclusive ownership of artistic and imaginative work. The majority of intellectual property protection is provided in the form of exclusive rights over a set period of time. Exclusive rights are those that the owners of an intellectual property right may exercise to the exclusion of others. Following that, the inventions and creations are made publicly accessible to the general public. Each kind of intellectual property has a different kind of protection and a different term of protection. In today's knowledge-based economy, intellectual property has become extremely valuable. Since 2005, Indian citizens' perception of intellectual property has risen sharply. Intellectual property is an essential aspect of the activities and planning of technology and knowledge-based businesses. As many fields, ranging from entertainment to information and technology cyberspace, are now intertwined with emerging technology, intellectual property has become increasingly important. As a result, more affirmative defence laws are needed to provide sufficient legal protection and redress against those who infringe on intellectual property rights in cyberspace.
Today technology has completely integrated itself with the world. It is associated with innovation and invention. The continuous growth of technology is the key driver of the economy of any country. Millions of dollars are spent each year by the countries to up their technological game. It is present in all the sectors ranging from real estate, manufacturing, finance and even the health sector. Blockchain is one of the numerous technological marvels. It is a kind of database that is different from the others. This is because it stores information in numerous blocks and all these blocks are connected to each other, thus forming a chain. It is also one of the most favored platforms for trading of the crypto currencies. Of the numerous things that can be stored in blockchains, one of them is the smart contract. This is a computer programme, the purpose of which is to self - execute and document certain legally pertinent actions and events. They are currently being executed only at the international levels. Smart contracts are a fairly new concept, whose legal regulations are yet to be formulated by the world. The authors of this study will solely focus upon the same. As there exists a lack of legal regulations, issues can arise in the execution and the termination of the contract. Though there do not exist regulations tailor made for such contracts, there do exist certain regulations that can be referred to. This article will focus upon the regulations that are present in India and the EU. Further, it will also outline the various options for resolving a disagreement if one occurs.
A paradoxical irony lies herewith, in the arena of international law. USA a builder of organisations, a parent body, a birth-giver, turns against its project; the World Trade Organisation, in a way as to stipulate its ruin and downfall by enabling the blockage of judges to its appellate body hereby, inevitably crumbling the institute in itself. Analysing the issue at hand, pivotal criteria are explored bringing the reader to understand the conception of the Dispute Settlement Body, its range and ambit of jurisdiction and decision making, along with the above stated contradictory angle. Alongside, earnest questions regarding the authenticity of the World Trade Organisation, its relevance in today’s times pertaining to multi-lateral and bilateral treaties resonates supplementarily with the question being asked. A comparison is brought forward of the different dispute settling bodies of various organisations along with that of the World Trade Organisation, to comprehend the functioning in a seamless manner while simultaneously calibrating the steps taken by USA for its political vendetta. Lastly, suggestions as to how the organisation can reform in its working and dynamically fit into the status-quo has been elaborated in a manner which could resolve its identity crisis and ensuring its easy functioning. While understanding the functioning of the World Trade Organisation, its predecessor The General Agreement on Tariffs and Trade and its deterioration has also been systematically dealt with to provide the reader with an essence of history and showing the blatant juxtaposition between these two situations. These facets intertwined bring forward an analysis befitting the contemporary scenario.
The Health and Safety is the pivotal assets of any individual. Also, the health is denoted as the key to wealth and safety gives the wings to do the work in such secured environment. Basically health, safety, welfare and new working conditions or environment are pre-essential for prosperity of the workers and furthermore for the financial development of the nation as solid workforce of the nation would be progressively profitable. The workers are the root of any innovative process as they give the proper shape and structure to the raw idea of the employer. The Health and safety of the workers includes all the rights given to them and the liabilities which are imposed on the employer. The author has described in this paper the condition of the workers and the availability of the rights to them. Even the current position of the workers in the nature of employment and what kind of treatment they have to face in their daily life. The next part deals with the necessary steps taken by the government towards the health and safety of the worker. This paper also contains the analysis of the occupational health and safety of the workers bill 2019 which is totally based on the worker’s life. This analysis helps in building of the new structures towards its pros and cons of the bill. Finally, the essential requirements and changes are inculcated in this paper for the benefits of the worker or employee with the positive and realistic point of view are described.
Patent protection is a form of protection that gives the owner of the patent a right for making, using or selling a concept or an innovation and excludes others from doing the same thing for the duration of the patent. The present project deals with the correlation between the patent protection and its pricing. This study will deal with the pricing of the pharmaceutical products with respect to the patent protection. According to the TRIPS agreement, the World Trade Organisation member should be bound to implement these patents for pharmaceuticals. Several low-income countries contend that pharmaceutical patenting might result in a large increase in medicines rates, with detrimental health and welfare effects for their population. In contrast, world pharmaceutical firms based on research say that costs are unlikely to increase substantially because most of the patented medicines have therapeutic supplants. The pharmaceutical demand structure is very different in impoverished nations when nearly every medical cost is covered by such uncommon health insurance. The dynamic prices here will be emphasized upon.
The nexus between international law and municipal law is analysed in this paper. Though international law focuses on inter-State relations and municipal law on ties between citizens or between citizens and the State, several topics require international and domestic legislation, like the environment, commerce, and civil rights. Even though the international legal order maintains its priority over municipal legislation, it leaves the question of how existing international principles must be implemented or enforced in municipal charges to domestic constitutions. The link between domestic and international lawful regimes is based on two opposing doctrines: Dualism and Monism. The autonomous and separate nature of municipal legal institutions, in which the State is sovereign and supreme, is commonly referred to as Dualism. Meanwhile, monism theories see the connection between international and municipal legal orders as more united and coherent, with its legitimacy derived from a single source.
This paper mainly focuses on the deviations that arise during a time charter party contract and what can be termed as a justifiable deviation under time charter party. It also focuses on the legal issues that arise when there is deviation and what are the impacts on the lessor and the lessee during insurance claims.
The Covid-19 pandemic and its sudden impact not only rattled the lives, but also led to the development of a variety of technologies. The conventional adoption of Contact biometric technologies has not only become obsolete but it is also extremely dangerous as it contains the risk of spreading the infection. Although, Indian Companies may be reluctant to adjust to changes, however by the pandemic, the companies are persuaded to reconsider their adoption to the new technologies such as AI facial recognition, the major biometric technology. Its competence to assess a person’s face by mapping his or her facial characteristics with the aid of images and then evaluating the same with the related databases with no physical contact has made the technology inordinately popular amid Covid-19 pandemic. One of the major concerns for the said technology is its lack of regulation and without the proper backup of law regulating the same in Indian legal regime, the privacy and security of an individual is at stake and thus, this Paper emphasises on the same. In India, there is no specific law dealing with data and privacy, thereby this lacuna poses a major question as to how the AI facial recognition technology would be regulated and also at the same time how the issues of privacy and security would be resolved. Thus, this Paper analyses and makes a comparative study of laws regulating the AI Facial Recognition System in other countries. The Paper focuses on suggesting a suitable similarity metric in parlance with other countries which could be incorporated in Indian Legal scenario in regulating the AI Facial Recognition Technology.
As the second wave of coronavirus has hit India harder than ever, what the future holds remains uncertain. The second largest employment in India is done in the construction industry. With such a scale, the impact of Novel COVID-19 infection was estimated to be equally massive when it first struck the country in February 2020. This article deals with the real-life struggles faced by migrant construction workers due to the lack of infrastructural and economic support by the government. It aims to uncover the reality of failed government policies and provide survey data by various organizations and a self-analysis of the data. It further explains the case of Rakesh Malhotra v Government of National Capital Territory of India and Others which helped streamline the assistance provided to the migrant construction workers who are unregistered and unaware of their own rights under Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. The article also explains the current scenario of the National Capital Territory of Delhi and how the center is assisting migrant construction workers with the second wave of coronavirus that has hit our country and whether it is doing a better job than the first wave.