Mental illness signifies the health condition wherein the person is affected in his/her thought process, to the extent, that abnormalities creep in the normal functioning of the affected person. The Researcher has provided an analysis of the legislative intervention after the enactment of the Mental healthcare Act, 2017, and its role in upholding the human rights of persons with mental illness. The Author has performed doctrinal research on the topic. The Author has primarily analyzed the statutory provisions and International Conventions on the subject, in order to achieve the objectives of the research. The author has compared the position of a person, with mental illness before and after the enactment of the Mental Health Care Act. The Author intends to bring out how India by bringing in the legislation is complying with the International Standards.
Volume 3, Issue 4 / 2021
Articles · 104
In India, caste cruelty is still high. Although the government enacted various special laws for the economically and socially oppressed people in the name of democracy, it still continues to exist in society. Among those, the judicial system is no exception. Muslims, Dalits and tribes constitute more than 55% of under trial prisoners, says NCRB report which is not proportionate to their population in the country. They are not only kept under trail but also are subjected to torture and custodial deaths which violates their fundamental human rights. This paper attempts to find the reasons, procedural and structural discriminations against the people who are less in total population, but more in prison strength and also it states the laws which are provided by the government to protect these people and recommends steps to bring these laws into reality.
This paper talks about the idea of trial which takes place in summon cases by the official, that allocate regarding the procedure which has been followed by the judicial official within the trial of the summon cases. There's no distinction within the procedure which has been followed between way of summons cases instituted on personal complaints and the procedure followed in the trial of summons cases inaugurated on police charge-sheets. Summons-case specifies that a case about an offence, and not being a warrant-case. In summon case the suspect if taken to the official he is under the obligation to produce all the documents which is necessary and he has been requested to simply accept his plea or to require the defense. If in a summon-cases, when the accused appears or is brought before the Magistrate, the details of the offence of which he is accused must be stated to him, and he should be asked that whether he pleads liable or has any defense to give, but it should not be necessary to frame a formal charge. It is also necessary that the accused shall have a clear statement made to him as to the particulars of the offence of which he has been charged. An accused may not be convicted even on his admission of culpability if the prosecution report does not get on an offence under the statute. This paper also deals with the procedures which is followed by the official in trial on summon-case and also the provisions related to the trial on summon case.
The vocation in which children procure happiness and joy is the family which provides them with the basic needs of life on one hand and platform with opportunities to perceive their full potential on the other. Unfortunately, a large number of children are underprivileged of parental love, affection and protection because of death or abandonment of single or both the parents, impotence of parents to take ample care of the child due to any sort of disease, intoxication, poverty etc or also for desertion for the reason of being illegitimate child. Such are the vulnerable children who are also the victims of abuse may it be physical, mental or sexual and are often neglected by the society. Some of them become rag pickers, beggars, get engaged in petty thefts and crimes or often used as child labors by many uneducated and inhuman adults, for which they are punished in various ways. Many of them are also admitted by general public, police or any such relative to institutions or orphanages which make them prone to live in a society, and encourages them to stand on their own feet with a respectable life instead of being uncared for. This paper throws light on the social and psychological well-being of the children belonging to orphanage by taking into consideration the living environment, health care, the psychological vulnerability and the sources and functions of social support in buffering nerve-racking situations at an orphanage located at Cuttack, the silver city of eastern Indian state of Odisha, Basundhara (Rehabilitation Centre for Children, Women Aged in Distress) about the practical socio-psychological aspects, well-being and status of the orphan, abandoned and surrendered children.
Globally, every nation strives to protect its sovereignty and integrity by framing legislations. Similarly, India has enacted multiple laws and the prevailing one is the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as UAPA). The UAPA was originally developed as an Act to prevent the unlawful activities in India. Although, the UAPA has been in force since 1967, the Parliament amended the UAPA in the year 2004 thereby adding the dedicated chapters to deal with terrorist activities in the interest of securing and protecting the sovereignty and integrity of India. Thereafter, three amendments were made in the UAPA viz. 2008, 2012 and most recently in the year 2019. The paper does a historical and conceptual contour of the UAPA along with the key amendments. The paper further encompasses the essential features of the amendment of 2019. Furthermore, the paper looks at the UAPA through the lens of the fundamental rights particularly under Articles 14, 19 and 21 enshrined in the Constitution of India. The paper further analyses the challenges to the amendment of 2019, which includes the voices of critics, the judicial pronouncements, and the cases filed before the Hon’ble Supreme Court of India.
Now-a-days, with the rapid increase in the economic development of a nation has resulted into the great increase in the commercial dispute as well. As a result, the alternative dispute resolution mechanism including arbitration and conciliation have become more crucial for businesses operating in India as well as for those who does their business with Indian firms. The Arbitration and Conciliation Act, 1996 (“the Act”) is based on the UNCITRAL Model Law on international commercial arbitration and conciliation. Whereas, the term Conciliation is not defined in this Act. The term Conciliation defined as, it is a method of resolving the dispute, wherein an independent person helps the parties to arrive at a negotiated settlement. In other word, Conciliation is a process in which the parties to the dispute, with the assistance of a dispute resolution practitioner (the Conciliator), identify the issues in dispute, consider alternatives to reach an agreement. While on the other hand, Arbitration is a dispute settlement process in which an impartial third party is appointed to study the dispute and to arrive at a decision by hearing both of the parties. This case commentary intends to analyse history of this dispute, its ramifications, the merit it has and also the flaws it creates in Indian legal discourse. As the judgement of Mysore Cements Ltd. v. Svedala Barmac Ltd. (in appeal) by Supreme Court of India is the cornerstone to the very tryst between the pragmatism of going Indian Legislature and the morality of the Arbitration and Conciliation Act, 1996, being protected by the judiciary. The methodology used in this case comment is ‘Doctrinal research methodology’.
‘Witnesses’ as Bentham said are the eyes and ears of justice. The predicament of witness in a criminal trial is oft found to be mired with various intrinsic and extrinsic factors, ranging from financial constraints of the witnesses, to confronting coercion and intimidation which cumulatively thwarts the progress reached in a Judicial proceeding. Quelling the witnesses in deposing before a court of law, is a significant reason for throwing spanner in the progress of a trial apart from other supplementary reasons could be attributed to the delay incurred in a proceeding before a Court of Law. It will not be out of place to mention the Judgment passed by the Hon’ble Supreme Court in Sakshi Vs. Union of India, wherein the Hon’ble Supreme Court had accentuated upon the necessity to place a screen or a similar arrangement where the victim or witness does not has to undergo the trauma of seeing the body or face of the accused. Further, in the said Judgment it has also been observed that, at such instances where a screen is placed, the questions to be put to the witness in cross-examination can be given in writing to the presiding officer of the Court, who may in turn read out the same questions to the victim/witness in a language which is not embarrassing. At the outset, in the Witness Protection Bill 2015, endeavour has been made to define as to who a witness is by defining that a witness is a person who is acquainted with the facts of a crime.
Despite being a host to various groups of refugees from the very beginning, India does not have any specific national legislation pertaining to refugees, nor does it accede to the 1951 Refugee Convention or 1967 Refugee Protocol. In the absence of a specified legal framework in India, influxes of refugees are being addressed at purely ad-hoc administrative level. Resultantly some groups are enjoying benefits and privileges while others are subject to discrimination and unfavorable treatment despite being similarly situated. In this paper, the authors attempt to analyse and assess India’s international obligation towards this vulnerable group and further examines the legal position and status of refugees in India and scrutinizes the factors that desist our country from having a specific legal framework. The authors further venture to explore what would be the fate of this vulnerable group in the absence of a specific rights regime in our country. Lastly, the authors through this paper have attempted to throw some considerable light upon the judicial response towards the protection of this vulnerable group.
Third-party funding, is a non-recourse funding a litigation, arbitration, mediation or any other form of dispute resolution costs of a party by a third party which is not a party to a dispute. Some hail it as the ‘biggest and most influential trend in civil justice’. Internationally, the third-party funding is permitted and the industry has grown exponentially. But despite such progress, India continues to restraint from acknowledging third-party funding, though not explicitly being silent on the concept. The paper provides overview of the framework and legal status of the Third-party funding in India. The author critiques some of the prevalent problems and lacunae associated with it. The paper provides insight into the global perspective and internationally recognized practices associated with third-party funding. The article sheds light to the fact that the idea of third-party funding is not uncanny to India while analyzing judicial precedents and statutory provisions permitting such funding.
The present world is moving towards a scenario where it is completely dependent upon technology. Initially, there was no need to protect the databases because the technology was not so advanced during that period. Artificial intelligence comes with no proper definition. Artificial intelligence comprises data that can be protected by copyright. Apart from the main concept of Artificial Intelligence in Intellectual Property Rights, several types of Artificial Intelligence play an important role concerning IP laws. The importance of AI is increasing day by day because of the increasing technology. The databases need to be protected because everyone has access to the internet in the present world. However, various controversies and barriers are still going on in need to protect Artificial Intelligence in the world of Intellectual Property Laws. The data that are protected by IP laws comprises quality data and these databases require high protection or else it can be further misused. The role of Intellectual Property Laws is to protect these databases that have been developed through the concept of Artificial Intelligence.
A company or corporation exists independently of its owners and those in charge of its day-to-day operations. Although a company's independent legal personality is a well-established idea, whether a company's misbehaviour can be subject to criminal law sanctions has been a contentious issue. While it is common knowledge that individuals in charge of a company can be held criminally liable for their actions, the more difficult question is whether such actions can be attributed to the company (due to its separate legal existence), making it liable for the consequences of a criminal offense.
The Constitution of India is the Supreme Law of India. It was adopted by Constituent Assembly of India on 26th November 1949 and become effective on 26th January 1950. 26th January is very well known as red letter day because on 26th January India got its own constitution and become very powerful, sovereign and democratic republic. Our constitution is a unique document because it is not a mere pedantic legal text as it also considers the human value, cherished principles and spiritual norms. According to J.N Pandey “Constitutional law is the rule which regulates the structure of the principal organs of the Government and their relationship to one another and determines their principal functions” When constitution came into force there were only 395 articles in 22 parts and 12 schedules. The constitution was replaced by the Government of Indian act 1935 as the country’s fundamental governing document. The constitution of India declares as a sovereign, secular, socialist and democratic republic. In Indian constitution, the most important role is played by the government and its administration. To control the parliament and to talk about the issues, condition etc. Under Part XIV-A of Indian Constitution, article 323-A and 323-B has been established under 42nd Amendment Act, 1976. Article 323-A reads about the “Establishment of Administrative Tribunals”. The main reason behind establishment of Administrative Tribunals is to make the judicial system conservative, rigid and technical. The power of the administrative tribunals plays an important in the union and the state legislature. The below section of paper generally talks about the second reason behind the establish of Administrative Tribunals is take control over the State government and the Central Government including the employees of any local or other authority within the territory of India. Article 323-B deals with the “tribunals for other matters”.
Substance abuse, addiction, and overuse are a global problem these days, leading to crimes, jail and income cases hospital, and death. A 19-year-old college student a cocaine addict, died in front of his parents at the hospital after suffering from a cardiac arrest after consuming. Drug abuse is not just becoming common but also becoming a fashion amongst college-going students. They do not understand the ill effects of consuming drugs psychologically or physically and indulge themselves in a momentary dopamine rush. Drugs have a very drastic domino effect on any person using them from trying the drug once to becoming an addict is a journey with a very fine line and most of the youth who are still at the mental development stage cannot differentiate between the right and the wrong and end up as an addict. Lack of education, lack of guidance, and peers pressure are the most crucial factors playing a very important role in driving a teenager on the destructive path. Substance abuse is a very complicated and multi-dimensional problem that needs to be curbed in the swiftest way possible.
Technology has advanced dramatically since the late twentieth century. The emergence of technology has been one of the most important technological landmarks as far as the modern day is concerned. Technology that was just limited to computers has progressed on to mobile devices and other smart devices leading to a new area of autonomous data communication devices known as Internet of Things also known as IoT . Several experts see the Internet of Things as the next industrial revolution. The Internet of Things ('IoT') has become an integral component of major metropolitan infrastructure, for example, increasing quality of life through connected healthcare, transportation, and security. The Internet of Things is also present in homes where the technology is used for home automation, such as automatic lighting, heating, and other smart devices. People use these smart devices to track their well-being and daily activities. Huge volumes of personal data are often collected and recorded as a result of the rising use of contemporary technology, and they may be used to identify the location of a person's home or office, to track habits and lifestyle, or to target advertising depending on the data subject's objectives. As technology has improved, there has been an on-going need to enact regulations that keep pace with these developments. The main aim of our research paper is to analyse the challenges that have been put forward by the IoT in the data protection sphere and how the data protection rules in the EU mainly the E-Privacy directive and the GDPR has been able to cope up with the challenges that has been put forward by the IoT. We would also look into the challenges that the data subjects would have to face in this regard and what could be the appropriate solution for these key issues. The Internet of Things (IoT) phenomena must examine legal problems with data protection regulations. Even with the use of technologies that cannot always ensure an adequate degree of security, the Internet of Things is not immune to data protection threats. The biggest threat to privacy in the Internet of Things is profiling, which allows natural individuals to be identified using confidential information. However, there are certain concerns with possible repercussions for data security and responsibility in terms of privacy and security threats. The Internet of Things system enables the flow of data, including personal data, through the Internet. The research would be divided into four main chapters. Firstly what is Internet of things and its evolution. The second chapter would deal with the EU Data Protection mainly The GDPR and E-Privacy Directive and its implications with respect to IoT. The third chapter would be focused on the Personal data Processing by IoT and Data Subjects. The final chapter would be concluding remarks and suggestion that we have put forward.
Surrogacy is one of the many available forms of Assisted Reproductive Technologies available. Since the introduction of the technique, India had been on the forefront to commercialise the act. By the year 2005, India had grown to become one of highest demanded places in terms of ‘fertility tourisms. But, owing to large scale disparities, the government banned international surrogacy in the year 2015. Subsequently, there was a draft bill that was introduced in the parliament to pass the first legislation dealing with surrogacy in India. Currently, through the legislation, India completely bans commercial surrogacy and only allows for Altruistic Surrogacy. In the following research, the researcher will carefully analyse the right to parenthood, commercial and altruistic methods of surrogacies and the pending legislation to answer a question – what is best suitable for India – commercial surrogacy or altruistic surrogacy?
Leasing and Licensing of a property entail a transfer of temporary ownership or the transfer of enjoyment for a specific period of time, as per the kind of agreement. The paper talks in detail about the provisions of the various legislations in India with respect to leasing and licensing and a detailed analysis of the key differences and similarities between the two. The analysis has been made through an extensive analysis of the case Tata Teleservices Ltd. v. State of Uttar Pradesh & Ors, which primarily deals with this difference and the implications in a situation where one of mistaken for the other and respectively the stamp duty paid has a huge deferral. Further, the applicability of such differences in other cases has also been discussed within the text, and the decision given by the courts in those cases have also been compared to establish key factors which might help distinguish the two provisions. The case under analysis is an example, where amongst the various methods of transfer of right available, lack of clear distinction led to conflict in the agreement resulting in not only the violation of The Transfer of Property Act and Easement Act, but also the Indian Stamps Act.
This paper will be divided into four parts. First, the historical background of a corporate body is compared with the pre-existing corporate theories. Second, a study on the Fundamental rights enshrined in the Constitution of India along with the citizenship act is discussed. Third, a plethora of judgements laid out by the judiciary attempting to interpret and recognise the rights available to a company is discussed. Lastly, a conclusion is drawn to check whether a corporate body can be recognized under the Part III of the constitution or not in the upcoming future.
Recent Judgment of the High Court of Madras in India (known as the Novartis case) many questions have been raised about international law and the compatibility of Indian patents Law (Amendment) Act 2005 to the Agreement on Intellectual Aspects of Trade World Trade Organization (WTO) property rights (TRIPS agreement).The Indian Parliament passed the Patents (Amendment) Act 2005 to comply with it TRIPS promises for the introduction of the product patent system in India for the first time. Protection in India of patent protection for pharmaceuticals and the WTO had agrochemicals (known as patented processes) at one of the main reasons for this. The debate on the accessibility to medicines, in the WTO Doha Ministerial conference led to the adoption of the Doha Declaration on TRIPs and Public Health, in order to help the least developed and developing countries that do not have sufficient manufacturing facilities of essential medicines. The Doha declaration states: “We agree the TRIPs Agreement does not and should not prevent a Member from taking measures to protect public health” However, the problems of developing countries are not addressed by multinational pharmaceutical companies. The Novartis case in India is only a starting point in its innings. The case raised substantial questions of TRIPs Agreement compliance and interpretation of international law by national courts.
Bipedalism is a defining feature of the human lineage. Heinous crime scenes often carry incomplete/broken bloodstained footprint impressions with them. Analysis of footwear characteristics, impressions, and trackways can provide important shred of evidence in a crime scene investigation. We can’t predict anything with broken evidence unless and until we don’t have an accurate footprint impression. Footprints and shoe-print can easily be distinguishable from each other. It becomes a tedious job to differentiate between shoe-print and footprint if it is messed up due to large variation in foot size, shoe size, and shoemaking. Hence, this is an attempt to analyze the structure of footprints and their impressions.
The case of Hindustan Lever Limited (now Hindustan Unilever Limited) vs. Security and Exchange Board of India is discussed in this article. This study examined the insider trading scandal surrounding the merger of Hindustan Unilever Limited and Brook Bond Lipton India Limited, as well as the controversy that arose and the new regulations that were enacted as a consequence. It also provides an overview of insider trading, including what it is, what laws govern it, and how it has influenced the corporate sector. This case study covers the whole historic case involving insider trading that resulted in substantial changes in the business sector. Before going into detail about the case, the article explains what is insider trading and what are the penalties for insider trading. The article also discusses the pre and post covid scenario relating to insider trading.
Trademark as the name suggests, helps in marking goods and services by distinguishing it from one another on the basis of its origin from a specific trader. Being a Intellectual Property, Trademark ensures that customers have enough faith to invest in a good/service after being acquainted with the source and quality, for that matter. Moreover, such mark safeguards logos, names, numbers, and even smell, colour, sound relating to one’s business brand. Hence the likelihood of confusion among customers is reduced and the scope of free ride by anyone on the goodwill created by a particular brand is curbed. It is to be noted that ‘Distinctiveness’ can be achieved either through an ‘inherent’ manner by opting for name which is unique and dissimilar or ‘acquiring’ it over the years with usage, to an extent that people from generations identify and trust the brand name. The Trade Marks Act of 1999, advocates distinct uniqueness and graphical representation. Further, protection is given to registered trademark for a term of ten years, given subsequent renewal of the same. When a mark lacks certain distinct character, or indicates geographical origin, quality, quantity of the good/service it falls under Absolute Grounds for refusal of registering the trademark under the Act. Spectrum of trademark distinctiveness which was developed after the landmark judgment given in Abercombie & Fitch Co. Vs Huntington World Inc., classifies and determines the strength of a mark using several categories, along with that it provides a rough estimation to traders, brands who opt for trademark registration. The paper hence analyses different categories of distinctive spectrum and measures to avert refusal in registering the trademark. This includes reviewing of relevant judicial precedents pertaining to the subject matter.
Lay-off is a concept that has been developing with time. Earlier the disputes arising within the industry relating to lay-off were decided in accordance with the judicial precedents as this concept of lay-off was not incorporated in a formal manner in any of the acts. But with time there was a need felt as a conundrum surrounding lay-off resulted in the loss of jobs to the employees of the industry. Lay-off is a tool to balance the temporary inability on the part of an employer to offer employment to a workman. It results in immediate unemployment, though temporary. It does not put an end to the relationship between an employee and the employer. Lay off was previously defined under the Industrial disputes Act but due to the largest reforms on the part of the central government, this act including the other two was subsumed under the Industrial Relations Code which still has to be notified in the official gazette. Certain changes have been brought from the older act to the new code in view to promote ease of doing business and thereby modernizing the present legal framework by making it less burdensome to comply with. Similarly, some changes have been brought in the concept of lay-off in the new code as well. The present paper throws light upon the concept of lay-off in detail. It initially discusses the essential and rights of workmen in terms of compensation followed by the difference between various terms such as retrenchment and lockout in which there is often confusion. Following the paper throws light upon lay-off in the times of COVID-19, changes brought by the new enactment of this code and then finally followed by a brief conclusion and the researchers’ observation.
The issue of internet jurisdiction assumes an international character for its intangible presence, irrespective of territorial boundaries and due to such nature, it poses a challenge to the Westphalian philosophy of international relations which relies broadly on maintaining territorial sovereignty. There are several forms of interactions taking place on the world wide web every second, from data transmission to transactions. Courts all over the world have attempted to prescribe certain guidelines and tests to tackle the determination of jurisdiction in cases of contentions arising on the web, but it is challenging to determine a uniform jurisdiction over an area that doesn’t occupy any physical space. Hence, even the notion of having a single governing body for the same would be considered to be arbitrary by most of the nation-states. It is therefore necessary to deliberate upon bringing a global consensus on how to formulate some standard of ascertaining jurisdiction that would be acceptable to all.
One percent of mankind is persuasively dislodged and their possibilities of having a typical existence are reducing quickly in the midst of the exclusionary aftermath of the COVID-19 pandemic. India, the biggest COVID-19 lockdown on the planet, is home to 244,094 exiles and migrant labourers searchers. The pandemic is a human misfortune – one that has uncovered previous primary disparities in India’s medical services and financial reaction frameworks. While the infection doesn’t segregate, its effects do. This entry features the noticeable example of unbalanced damage endured by India’s super weak displaced people and fundamentally examinations the community reaction estimates received by the Government in close conference with UNHCR to relieve the exacerbated uncertainty of exiles.
This paper revolves around the legal maxim “nemo debet bis vexari pro unoet eadem causa” which means that no person shall be vexed twice for the same cause. Double Jeopardy is a legal term and many people are familiar to this term & its definition that a person cannot punished for the same offence more than once. But this paper aims to highlights those questions, which may arise in the mind of the readers, when they are discussing about Double Jeopardy. Because these questions clicked to my mind too and I thought that, is there more to know about Double Jeopardy than not to punish for the same offence more than once? What are the exceptions of the rule of Double Jeopardy? And also, can an accused be actually punished twice for the same offence in India. The term "double jeopardy" in simple words can be summed up as the idea of a person being put in peril of conviction more than once for the same offence. Further this paper is set to explore the various existent laws regarding the concept in India. Analysing the provisions provided for both in the Indian Constitution as well as the Criminal Procedure Code, 1973. The author sheds light on the previously existent laws like Section 403 of the CrPC as well as the laws amended in current practice. One of the most prominent aspect that the paper aims to establish is highlighting the various case laws of the above concept to truly highlight the judicial perspective. This is followed by a brief comparison of laws relating to double jeopardy of India with other countries namely US, Germany, England and Japan.
Devoid of physical barriers, transactions over the internet have posed significant challenges to the determination of jurisdiction where the primary concern till date, is the lack of a definite procedure of asserting jurisdiction. The jurisprudence has evolved over the years, with international instruments such as the Convention of Cyber Crime seeking international cooperation to resolve jurisdictional issues. The question really narrows down to the extra-territorial application of domestic laws by municipal courts and if such application is justifiable. Hence ensues, the larger debate of the rift between the principle of sovereignty of States and the national principle. Acknowledging that internet is today an essential part of the daily lives of individuals, this fundamental question of assertion of jurisdiction assumes great significance. This paper endeavours to examine how Courts over the world have attempted to exert jurisdiction in the domain of the internet with the aid of multiple tests like the sliding scale test and the effects test. With an extensive study of the jurisdiction available, this paper analyses the impact of the tests so devised and how jurisdiction has continued to be a recurring issue.
The intellectual property rights grant legal and exclusive rights to the creator of a product for its artistic work and such protection is further extended to designs in the fashion industry. the main objective of the design act is to provide protection to the three-dimensional features, patterns, aesthetics and appearance of the product. Since the inception of the fashion industry there have been many cases of infringement of the design of the product with made it essential to enforce legislation which was aimed towards the protection of the designs by the creator and this practice has been adopted by various high-end fashion brand. The author in this article has attempted to answer the question: The protection of Design in the fashion industry on the basis of analysis of laws and regulatory bodies established to protect them in various jurisdiction and the overlapping of other intellectual property rights which are adopted by these designers to protect their designs. In order to understand this question, it becomes essential to understand the regulatory framework established in order to protect these designs. This article focuses to prove the same by analysing the design legislations and various other intellectual property rights to protect the design, commercial aspects of the registered design and its scope in the fashion industry.
Abortion Rights is one of the most complex and intensely debated socio-legal issues of today’s world. The complexities concerning the right to abortion is a topic which has been extensively discussed in various jurisdictions and has had disparate outcomes in different jurisdictions. This paper shall focus on the abortion from a Fundamental Rights perspective to understand the jurisprudential development in the USA and India. It shall also examine the history and evolution of abortion rights in India over the years and extend of the influence of American jurisprudence on India’s abortion laws. The author shall endeavour to examine the abortion dilemma both from the right of the mother to choose as well as from the foetus’s right to life through a detailed analysis of the development of constitutional adjudication in both these nations. The author shall analyse conflicting arguments and rely upon judicial decisions to arrive a balanced conclusion on the same. The paper shall examine the supreme court’s abortion jurisprudence over the years to understand the present and the future of abortion rights in India and America.
One of the main concerns among disputants in arbitration is that the duration is taken to resolve their disputes. Although it’s has been suggested that sole arbitrators and multi-member tribunals should conclude arbitration cases within 3 and 6 months, respectively, it remains unclear why some disputes take longer than others to resolve. The importance of timely resolution of construction disputes can’t be exaggerated. Studies have established resolution time as one of the essential considerations in selecting dispute resolution methods. Conflicts that take an extended time to resolve essentially fracture business relationships escalate construction costs, delay projects, cause emotional stress, and damage reputation, reducing business turnover.
The need to advance and change the mode of public acquisitions and procurement rose in the late nineteenth century and enormously grew during the massive economic dislocation in the 1970’s and 1980’s and hence the agreements of long term nature for the promotion and development of infrastructure facilities were brought into action. The need to delegate and provide effective basic amenities to the citizens was also a major driving force to the introduction of public private partnerships into the conventional realm of contracts. Basically, a public private partnership is a cooperative arrangement between two or more public and private sectors, typically long term in nature. Public private partnerships are primarily used for infrastructure provisions, such as the building and equipping of schools, hospitals, transport systems, and water and sanitation systems. A public private partnership allows the private entities to enter into new markets and gain contemporary experiences while at the same time sharing the profits, losses and risks arising out of the partnerships as well. The concerning query is that whether the public private partnerships are providing their finest services as promised? Why are some of the major promising developments brought to a standstill? Economic limitations are imposed to Public Private Partnerships by transaction costs as well as costs of regulation and management. In addition, conflicts of interest on the subject matter, deterioration of the environment as well as democratic and structural issues may prevent the project from achieving the expected value for money. Consequently, a Public Private Partnerships could turn out less cost-efficient than alternative forms of public service delivery. This paper makes an attempt to make an evidence-based analysis of the impact of two major infrastructure projects that have taken place in two developing countries, the impact of Public Private Partnerships on public budgets, and on people’s needs, and more generally on whether Public Private Partnerships have delivered results in the public interest. It also makes an attempt to examine the Public Private Partnership process, and the impact on democracy, equality and fundamental rights including human social and environmental rights. Although it is not intended to generalise conclusions, the lessons from these case studies are contemplated, and recommendations are suggested to maximise the use of public money to deliver quality public services in a transparent, sustainable and accountable manner.
The establishment of the judicial system is based on the fact that witnesses are not afraid, partial, and not intimidated or urged by the court. If witnesses are fired out of fear or intimidation, or out of grace or urge, then the foundation of justice will not only be weakened, it may even be eliminated. The public interest in due justice is as important as the defendant's personal interest, and even more important. In this regard, one can refer to the statement of the Supreme Court in Zahira Habibullah Sheikh, in which the court pointed out the importance of the role of witnesses in criminal trials. Therefore, there is a great need to protect witnesses and expand their power in the criminal justice system, especially those who fight against well-known and closely related influential defendants. Sometimes the witness is humiliated by the court, and the defendant or his followers or family members are petrified, and sometimes it may cause the witness to commit suicide. All this happened because India’s witness protection mechanism is very weak, and there is no protection for witnesses in such incidents. If this happens, witnesses may lose confidence in the criminal justice system. Therefore, they hesitate or fear to come forward to testify. In this article, I want to focus on the problems faced by witnesses, the mechanisms for protecting witnesses, and the protection of their family members.
The 2020 Amendment to the IBC, amid the pandemic, is proving to be inefficiently drafted and is being critiqued in this paper along with its impact. The world of insolvency and bankruptcy is characterized by constant change and progress.The Insolvency and Bankruptcy Code of India was finally implemented in 2016 after various difficulties and challenges. The code is often questioned as it underwent many amendments since its inception. However, one has to keep in mind that the law must be dynamic in nature and has to be drafted given the context and circumstances of life. Change is something that we often see and hence accordingly in order to keep up with the changing times that code had to be amended. Now, coming to the 2020 amendment it was brought about in order to prevent the unforeseen circumstances caused by the COVID-19 pandemic. Further, this paper also talks about the analysis and the impact of such a change. The step taken by the India government with regards to the IBC law has also been compared with UK and has proved to be efficient in the sense that it was a step in the overall process to handle the unprecedented COVID-19 pandemic which shook the whole world. Thus, overall, the code is a steppingstone in order to deal with the insolvency and bankruptcy issues. The steps taken however in the effect of the pandemic were inefficiently drafted and need to be further rectified in order to avoid confusion and chaos for the following cases.
Lok Adalats have emerged well as an alternative dispute mechanism and it has gained statutory recognition under Legal Services Authorities Act, 1987.In common parlance, it means “People’s Court.”Lok Adalat is not a new concept in our country; its roots can be traced back to vedic period.The reference to this system can be found in the ancient works of Kautilya, Gautama, Brihaspati and Yagnavalkya; in ancient times, it were known as Panchayats, Gram Sabhas, Kula Courts or Sreni Courts. The first Lok Adalat was held on 14th of March, 1982 at Junagadh of Gujarat state; similarly first Lok Adalat was organized in Uttar Pradesh in the year of 1984 and in the state of Cuttack in the year of 1985 and these establishments of Lok Adalats had an influence on many states of the country including Bihar, Haryana, Goa, Sikkim, Mizoram, Meghalaya, Delhi, Haryana, Kerala and Tamil Nadu. The Legal Services Authorities Act, 1987 was passed mainly for the purpose of establishments of various authorities such as Lok Adalats, National Legal Services Authority and authorities at state and district level for providing free legal aid and speedier justice to the weaker sections and underprivileged sections of the society. There is establishment of the National Legal Services Authority (NALSA) at Delhi under the Legal Services Authorities Act, 1987 to provide free legal aid and various legal services to the weaker sections of the society. There are sections of society which are embodied under Section 12 of the Legal Services Authorities Act, 1987, which includes women, children, members of SC/ST, industrial workmen, victims of trafficking in human beings or beggars as referred under Article 23 of Indian Constitution., victims of disaster, violence, flood, drought, earthquake, industrial disaster and various persons enumerated under the aforementioned Article.
Freedom of speech is a precious gift given by our constitution. But sedition law under Section 124 A of the Indian Penal Code, which was enacted by the British to oppress and suppress the criticism by the people of India directed towards British rule, infringes with the sacred fundamental right promised by our constitution. After the independence, the sedition law somehow managed to find its way to exist in the Indian legal system and became an active tool for shaping Indian politics. From time to time, the judiciary has tried to establish the constitutionally valid interpretation of the sedition law; regardless, the government has managed to use this draconian colonial law as a weapon against the individuals who criticize and raise dissenting opinions against the government. These political vendettas backed by sedition law cause mental and physical harassment to innocent individuals, violating human rights. This research paper discusses the sedition law under Section 124 A of the Indian Penal Code, its history, how it has been misused to silence dissenting opinions, and some possible suggestions.
The people of the LGTBQ Community are also humans and they have the right to live freely as they want. This article provides about the Unnatural offences under the Indian Penal Code and the constitutional validity of Section 377 of the Indian Penal Code and the rights of the LGBTQ Community.
Generally Domicile means a permanent home or any place where the person has decided to reside with an intention to stay their permanently. It is an essential requirement that every person must have a domicile. Domicile is one of the concept under private international law. This Domicile helps in identifying a person where there is involvement of a foreign element and with a territory, that is subjected to a particular system of law i.e. his/her personal law. There are different types of domicile: domicile by origin, domicile by choice, domicile of dependency. In this article the author mentioned about who are dependent persons, and how the domicile of various categories of dependent persons is decided. The author has critically analysed the domicile of dependency as to how one’s domicile changes with the change of domicile of another person in certain situations with help of case laws discussed in this regard.
Section 92A (1) and (2) of the Income Tax Act, 1961 prescribe the conditions for determination of an Associated Enterprise (AE). On effectuating the said conditions an enterprise can be said to be an AE and transfer pricing regime of the Act can be attracted thereupon. A plain reading of Section 92A(1) provides two conditions, on satisfying which the determination of an AE can be effectuated. Clause (a) of the section says that if any enterprise participates directly or indirectly in the management, control, or capital of the other enterprise then such enterprise shall be an associated enterprise. Clause (b) says that if any one or more person participating in the decision and control of the main enterprise, also participates in the control of the other enterprise then the other enterprise shall be said to be the associated enterprise. Subsection (2) lays down the criteria under which direct or indirect control, as referred under section 92A(1), can be ascertained. There have been instances where one subsection overlaps another. Mechanically, one provision outgrows another rendering its affectability otiose. The interpretation of both the subsection has become a debatable matter in recent times. Though this article, the author proposes to bring out the issues involved in determination of an AE. The author has highlighted the issues in interpretation of both the subsections and how one overlaps the other. Several judgments, circular and memorandum have been relied upon to address the issue effectively.
Corporate Income Tax has been of very high significance especially in the developing countries and not only because it contributes to the country’s economy but also because of the impact that it creates on the income flows and world trade because of various tax competition. the Corporate taxation system for the developing countries is rather difficult because on one hand the corporate taxation provides them with a revenue that none of the other taxation system provides and it is also far more feasible than income tax as Income tax is levied on every member of the country whereas this corporate tax is only placed on a few companies and most of the revenue is also coming from a few companies. This paper looks at CIT from a theoretical as well as empirical perspective. Some principles of CIT are similar for all countries but the problem arises that the position/characteristic of the developing countries yields different tradeoffs. Moreover, the main aim of this paper is to study the main differences in CIT between developing and advanced countries and even go beyond the analysis and look at the changes that these developing countries need to incorporate.
The rights of victims, and indeed victimology, is an evolving jurisprudence. From the victimology’s viewpoint, retribution is one of the goals of sentencing policy, and restoration is one of the goals of compensating policy. Therefore, both goals attract equal importance to impart confidence to society in the criminal justice system. The steps taken by the Indian judiciary are commendable. The present paper tried to explore the suitability and viability of the Victim Impact Report (VIR) method designed by the High Court of Delhi to strengthen mechanisms of awarding compensation to victims of crime under the Criminal Code to ensure the aim and objective of and imparting complete justice. The paper also tried to compare the Victim Impact Statement (VIS) with VIR to explore whether they can substitute each other in principle. If yes, which ones have more potential from the practicality and applicability perspective.
Too often, we humans make bad decisions. And those bad decisions have consequences, including for our human rights. Artificial intelligence assures us of better decisions, eleminating prejudice and other detrimental irrationalities—but how much can you rely on these promises? Focusing on identification technology, this paper explores three questions i.e., With the shift to everything being “digital” and everything converting to being “digital.” In this scenario how pri. will be saved from infringement?, Is there any equilibrium stage of ethical breach of pri.?, Whether “pri.” as a concept can be breached?
The law of patents strictly adheres to a basic principle of balance between rights of patent holder and public interest. Patentability requires that patent is available for inventions whether product or process irrespective of different fields of technology. The three main criteria to be fulfilled is namely- novelty, inventive step and industrial application. Disclosure is an essential parameter to make a grant of patent on any invention. However, there has been a major change in the patent regime of India, the pharmaceutical industry has always been at the stage of advancement ever since. The Patents Act, 1970, introduced the concept of patent on manufacturing process initially. After the first amendment, India adopted system of transitional agreements. India is a signatory of both TRIPS and GATT. TRIPS introduced the concept of “product patent”, then after, in 2005, India started allowing patent on pharmaceutical drugs. A clear demarcation between patentable and non-patentable drugs has been made. The present paper will discuss about the evergreen strategies, the impact of various judicial interpretations on patentability of drugs manufactured by pharmaceutical companies and the change in the pharmaceutical patenting in India with the insertion of sec3 (d) which excluded the patenting of derivative pharmaceutical product on new forms of existing molecules and drugs.
Back in 2016, the Indian Parliament declared the IBC that consists of arrangements for both corp. and individual indebtedness. As we are aware corporate indebtedness has been confined to restricted risk firms, the extent of individual indebtedness is a lot more extensive and covers all people and organizations just as all leasers - monetary and functional, stable and unstable, formal and casual into its crease. The Government decided to tell just the part on corp. indebtedness. In 2017, the indebtedness controller, the IBBI, distributed draft guidelines and showed that these would be told for a specific class of debt holders, specifically people with business obligations and individual underwriters. This paper makes three commitments to the conversations on personal insolvency. To begin with, it portrays the Indian credit market and presents a contention to fulfil the need for pers. insol. law. The obligation to Gross Domestic Product proportion in India is a lot more modest than other arising or created economies. Despite the fact that NPAs on personal creditors from the financial area look little comparative with those on industry advances, they have been rising and may keep on getting greater as individual loaning grows. Pers. underwriters of organizations that are under corporate insolvency presently get themselves under bank activity without a plan of action to insol. law. Reports of agrarian trouble show a genuine concern with respect to agrarian loaning. MSME’s stay a significant piece of the economy, a considerable lot of whom are coordinated as single owner and might be in monetary misery. The stress originating from casual creditors stays obscure. Just institutional credit has the response to two legitimate cycles, the NI, Act 1881 and SARFAESI, 2002, for recuperation, along these lines leaving different sorts of moneylenders with no legitimate channel of recuperation. Helpless systems for recuperation have had an antagonistic effect on the credit market. These circumstances accentuate the requirement for pers. insol. law. Secondly, it gives a short outline of the arrangements in the law. The IBC gives three unmistakable cycles for managing default. The "New beginning" measure gives for an obligation waiver to a/c holders who meet quite certain qualification conditions in the wording of their pay, resources and obligations, and in this way is probably going to apply to a little arrangement of individuals. The "Insol. Resolution Process" gives an instrument to leasers, borrowers to re-evaluate a reimbursement plan, while "Bankruptcy" accommodates liquidation of a/c holder’s resources, however, can be utilized just if the goal interaction falls flat. The law assigns "Debt Recovery Tribunals" (DRTs) as the arbitrating authority of the code attributable to their more extensive presence comparative with the NCLT which is the mediating expert for corp. insol. Third, the paper makes ideas on inquiries of strategy that should be tended to under the watchful eye of the law that can be seriously carried out. It presents the defence that the accomplishment of the IBC relies upon the plan of the lower enactment too as the development of the institutional framework. The two banks and indebted individuals need to see the cycles as reasonable, the expenses as sensible and results moderately unsurprising. For instance, in the current situation, it is indistinct whether existing banks fall back on promptly utilizing the Code regardless of whether it is advised. Their interest is founded on how viably the Code can lessen their expenses - as far as time and cash - of recuperation, and increment consistency about the measure. Since the law do not know, this is perfect to return to inquiries of plan on pers. insol. law, and furthermore, remodel the institutional foundation this way that it results into satisfying the needs that'll help in getting set on the Code. Top notch guidelines, upgrades in the working of the institutional foundation, setting up warning administrations for bankr. are basic for pers. insol. to have its impact.
The arrangements of the ERC Act give adequate adaptability to the Communication to decide the nature and kind of Tariff guidelines to be followed. The undertaking of the Communication is to utilize the interaction of Tariff defining to accomplish the objectives of contest, effectiveness and economy. The Comm. is cognizant, in any case, of the requirement for security and consistency, in the Tariff system. Guaranteeing the monetary suitability of effective and proactive utilities will be a great concern. At the equivalent time defending the interests of the shoppers turns into a significant duty of the Communication, especially, when the market design and framework conditions try not to help contest. The Communication is to play an adjusting job. It plans to release this obligation, straightforwardly, through a consultative model. It expects that participative dynamic will ease up the weight of travelling, to a more proficient framework, for all partners.
In the recent times it has been observed that the cases are covered by the media beyond the limitations that they are provided with, they do take up matters Suo moto in their hands and extensively cover it creating a prejudicial mind-set in general. Media is one of the main pillars of democracy as it assures freedom of speech and expression as ensured through Article 19(1)(a) of the constitution but this right is not absolute and comes with certain reasonable restrictions as specified in Article 19(2) in concern to various purposes which includes contempt of court as well. Though the restrictions are provided in want of attention and TRP media houses have side lined the ethics of journalism in a way that they are affecting the minds of the judges as well as the public subconsciously. Though it cannot be denied that our media is the one which assures that we should be well informed but it should be done in an unbiased manner. Thus, steps need to be taken in order to draw a line, as unhealthy coverage is infringing the civil rights of the citizens and also is infringing the rights of the victim and the accused. Over involvement of the media through press, newspapers and social media is nullifying the whole idea of fair trial and affecting the privacy of the individuals disgracefully. Firstly, this paper discusses the history of medial trial in connection to freedom of speech and expression under Article 19 (1), in the next step the paper discusses the impact of trial by media on fair trial and the judiciary system and lastly this paper throws light on the mechanism of restriction on the media and to what extent it is being followed.
According to statistical data that was provided by the Minister of Women and Child Development, Maneka Gandhi, in the year preceding the Juvenile Justice (Care and Protection) Act, 2015 coming into force, juveniles had been found to be responsible for more than half of crimes that were being committed in India. The act certainly ensures that the constitutional provisions of rights and duties to protect children from human rights violation and to ensure them being law-abiding adult citizens of the country. However, there is a classification of crimes as committed by accused juveniles have been considered for a fair punishment. Depending on the severity of the crime committed, the Juvenile Justice Board will acclaim whether they are to be tried as an adult for their offence from this test of permissible classification. In the case of Saurabh Jalinder Nangre v. State of Maharashtra, it was held that Juveniles cannot be transferred to the Children’s Court to be tried for their crimes that are not a “heinous offence” under the Juvenile Justice Act. The author in the analysis of this case brings critically examines the variation of circumstances revolving not only in this case but the criminal justice system at large, and by further presenting a comparative analysis with that of American Justice System.
On May 11, 2021, the Securities and Exchange Board of India (“SEBI”) released a consultation paper to examine the regulatory requirements of the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018 (“ICDR Regulations”) relating to promoters and promoter groups. The released consultation paper examine the regulatory requirements of the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018 (“ICDR Regulations”) relating to promoters and promoter groups. This commentary gives analysis of the paper along with effect on the promoter and investors along with the impact of the new proposed laws on the general market. The commentary also includes the suggestion of the author.
With the advent of GST on 1st July 2017, the country saw the biggest indirect tax reforms since 1947. Passing of GST has resulted in unification of almost all indirect taxes. GST is reffered to be a destination-based tax that should replace the current Central taxes and duties such as Excise Duty, Service Tax, Counter Vailing Duty (CVD), Special Additional Customs Duty (SAD), VAT (Value Added Taxes) which includes central charges and cesses and local state taxes, Central Sales Tax (CST), Entry Tax, Purchase Tax, Luxury Tax, Taxes on lottery, betting and gambling, state cesses and surcharges and Entertainment tax (other than the tax levied by the local bodies). It will be a dual levy with State/Union territory GST and Central GST. Moreover, inter–state supplies would attract an Integrated GST, which might be the sum total of CGST and SGST/UTGST. Input Tax Credit or Input Credit means adjusting the input tax paid to the output tax collected. Taxes paid on input of goods, services and capital goods are allowed to be adjusted by way of Input Tax Credit. For example, taxes paid on goods for resale, taxes paid on purchasing services from professionals (like CAS, LLBs) or taxes paid on purchase of machinery to be used in production of goods or services, all can be claimed as Input Tax Credit subject to some conditions, exceptions and restrictions. In this paper we will be dealing with how Input Tax credit works under GST Regime. This paper covers background of GST, What is Input Tax Credit and what is the eligibility and conditions to claim Input Tax Credit under GST.
Modern technology brought with itself, the ability to feed increasing number of mouths, with the help of genetic engineering. Genetically modified food has specific characteristics, the ability to be pest-resistant, to sustain in severe environmental conditions, to provide specific nutrition, to name a few. However, the fear of the unknown has always made people question the risk associated with the use of this modern technology. The fact that genetic engineering involves altering the DNA of the crop, has made many consumers sceptical about its usage. This, together with the ethical concerns relating to people’s right to know what they consume, has led to the debate over labelling of genetically modified food. The labelling policy of the United States of America addresses this debate from the point where providing this information was considered unnecessary, solely based on the fact that the consumers want to know what they consume, to the point, where they have a functional policy dealing with various aspects of labelling. On the other hand, labelling policy of the European Union sets an example of what constitutes a stringent and effective labelling policy relating to genetically modified food. India, too, is considerable of the growing concerns relating to people’s autonomy in deciding what they should consume, which can be achieved by providing them the information, which would enable them to make an informed choice of whether they should consume a food which is genetically modified or not. As India is on its way to have a regulation for the same, this paper addresses the issues pertaining to the draft policy in India, and what can be incorporated, with reference to the policy followed in the United States and the European Union.
The article discusses the concerns and pitfalls of corporate social responsibility, as well as the loopholes that can be used to avoid CSR. Many businesses believe that corporate social responsibility is a non-essential aspect of their operations, with customer happiness being far more important. They believe that customer happiness is currently purely based on price and service, but they neglect to mention important changes that are occurring around the world that would completely revolutionise the business. The change is referred to as social responsibility, and it is a commercial opportunity. The practical execution of CSR is fraught with concerns and hurdles. An actual analysis of the listed companies reveals the problem and challenges. The primary reason that CSR was formed and regulated in the first place is that it has been reduced to a mere accumulation of profits while having no social impact. The act's goal was to instil business duties toward everyone who isn't affiliated with the company. It's important to remember that social responsibility isn't just about making monetary contributions. The manner in which these businesses make money is as important a notion as the revenues they generate. Firms have been behaving erratically on this front as a result of their non-compliance with CSR rules.
The research paper covers the subject area of the classification of Content, Content Regulation and Ethics. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,2021 were framed under Section 87 of the IT Act,2000 after much debate of regulating these platforms. There was much outcry by nationalists who are against showcasing the harsh realities of Indian society. The issue of regulation of online platforms came in limelight in the year 2018. In the case of Prajwala v. Union of India, the Supreme Court felt the need of content regulation. The main objective of regulating it was to avoid sharing of inappropriate content which spread hate, disharmony and affect the public tranquility. The author has dealt with this in further detail ahead. The paper focuses majorly on the blanket censorship being provided to all the contents. This would not yield the actual aim. Few platforms share exclusive explicit content and some put up the true picture. It thus becomes necessary to classify what should be censored and what not. The role of such contents in shaping the society has also been discussed. The author further discusses Artificial Intelligence (AI) biasness that exists in the realm of social media. <br> The research gaps that would be dealt with by researcher are: i. Is need for regulation actually being met? ii. Is government trying to curb the freedom of speech and expression under the blanket of regulating Over The Top (hereinafter referred to as OTT) platforms? iii. Is there existence of Data Biasness in the Artificial Intelligence (AI) machinery?<br> PURPOSE: Main objective of this paper is to shed light upon the type of contents, content regulation and whether such contents are a threat to societal ethics especially in Indian context or they portray the prevailing societal conditions and do not need any regulation.<br> RESEARCH METHOD: Doctrinal method of research has been used in this paper. It involves case studies, literature reviews, scholarly articles, journals. The Media and Constitutional laws of India have been dealt in detail.<br> OUTCOME: The author, by adopting the research method aims to achieve a crystal-clear idea of what regulation of content is and whether it is fit to restrict the content within the periphery of ethics.<br> IMPLICATION: It would affect the society- in order to explain the need for not restricting content, OTT platforms- that sometimes go overboard for profit, Government-to ensure that within the blanket of regulation, the fundamental right of Freedom of speech and expression is not denied. <br> LIMITATIONS: The work is restricted only to audio-visual online streaming platforms.<br> NOVELTY: This paper diligently seeks to explore the AI biasness and governments agenda on censoring OTT platforms.
The COVID-19 pandemic has had a huge impact on the mental health consequences and it eventually caused a rapid increase in the suicide rates. Few studies have examined the effects of previous widespread disease outbreaks. These reviews suggested that, although suicide rates might sometimes increase following these sorts of public health emergencies, the changes might not necessarily occur immediately, and that the risk might actually be reduced initially. Suicide is a major health problem that takes the lives of a lot each year. Suicides are preventable. Suicide is a perplexing issue and subsequently the actions towards it requires coordination and joint effort among numerous areas of society. though things were out of control government both at central and state provided Welfare Measures to hamper the spread and impact of COVID-19 thus reducing the people impulse to end life due to financial crisis These endeavors should be far reaching and incorporated as no single methodology alone can have an effect on an issue as intricate as suicide. The warning signs of suicide are quite noticeable. The person with suicidal behaviour speaks threats or comments on killing themselves, show aggressive behaviour, have dramatic moodswings, increase consumption of alcohol and drugs. and during COVID - 19 pandemic the loneliness and being far from dear once keeps them away from compromise and positivity pushing them to think they are the only person with suffering over the land when the entir world is devastated. Thus, the awareness towards the warning signs and the prevention of suicide can help saving lives. The researcher has followed Empirical research with a convenient sampling method. The sample size covered by the researcher is 200. The findings of this research are that substance abuse is the most common reason for committing suicide and Hanging is the most common method of commission. The present paper is an endeavour to analyse the awareness among public about suicide especially during the course of COVID-19 pandemic.
Blockchain is a cryptographic technology that simply substitutes the physical world’s security requirements like locks, vaults and signatures in the digital world. Though it was initially introduced as a technology to underpin cryptocurrencies, it has the potential to change the face of business and finance in the coming decades. It is a decentralized technology where the computer networks verify, monitors and enforces the transactions without the presence of a trusted third party or a central institution. The technology consists of chains of blocks that stores information referring to a transaction and is connected which can be traced back to the pathway of a basic transaction. Due to the cryptographic nature of the technology, it becomes impossible to hack, delete or edit a transaction that is stored in blocks, as it requires the approval of all the networks collectively involved in the chain. The revolutionary nature of blockchain technology derives its authenticity from two key features used for the recording of the flow of assets: (i) Distributed Ledgers and (ii) Cryptography which will be dealt with in detail in the due course of the paper. Blockchain technology finds a clear potential in the Banking sector due to the ‘decentralized trust’ factor. This feature eliminates the reliance on a centralized agency to facilitate transactions and rather work with a distributed ledger technology with participants across the network that authorises and verifies the transactions. The distribution of data across the ledgers rather than centralized storage eliminates the chances of corrupted transactions and enhances legitimacy. The technology also fits for core banking functions such as payment clearing and settlements. The distributed ledger technology would also provide a tool to surmount the pain points in cross border payment systems particularly high costs and indefinite delays as the network is frictionless and is equipped with global interoperability. The Indian banking sector has progressively detected the power of this technology and is in the process of explorations and adaptations. The aim of this paper is manifold. First, shaped by the traditional banking methods, the paper attempts to highlight the benefits of blockchain technology by emphasizing on its application in the Indian banking sector. Second, given that there is no statutory basis for its application in India, the paper traces the regulatory framework for the technology in the banking sector and its contour in the Indian fiscal context. Third, the paper also explores the possibility of the emphasizing on introduction of an incumbent payment system based on a national digital currency by weighing the cost and benefits of transacting with virtual currencies. The paper also contemplates the application of an existing regulatory framework to virtual currencies. Fourth, the paper analyses the issue presented by blockchain technology. It looks into the application of more efficient modes of transactions, verifications and title transfers. It also explores more advanced aspects of the technology, an understanding of which is essential for its sensible adoption to the banking sector.
Substance use problems (SUDs) are portrayed by discontinuous usage of alcohol or drugs (or both) that results in issues, for instance, being not ready to control use of the substance; fail to meet responsibilities at work, home, or school; having constant fragility; and contributing an extended proportion of energy getting, using, or recovering from the effects of using the substance. Parent substance use and parent knowledge of a SUD can effectively influence kids. Children with a parent who has a SUD are more plausible than youths who don't have a parent with a SUD to have lower monetary status and extended difficulties in educational and social settings and family working. Children having a parent with a SUD are at risk for experiencing direct effects, as parental abuse or dismissal, or unusual effects, as less family resources. The main objective of the research is to have a complete understanding of the increase in drug abuse among children, to identify the public’s opinion on the effectiveness of eradication of use of illicit drugs through drug prohibition policies and to analyse the reasons behind illicit usage of such drugs among children and its effects. The research method followed here is an empirical research method. A total of 232 samples have been taken out of which is taken through convenient sampling. Therefore necessary steps are to be taken in order to control the manufacturing as well as usage of drugs by the children by sending the children to homes and other reformatory camps who have been affected by these drugs and also it helps in reducing the crime committed by the children.
A comprehensive understanding of gender issues in tax policy, the execution of legal and political requirements, and the attainment of gender equality necessitate several changes and further study to strengthen the knowledge base. However, gender-differentiated results are produced by ostensibly gender-neutral tax systems and tax policy decisions, since the distributional and allocative impact of taxes is strongly connected to socioeconomic reality. Insofar as the EU is involved in taxes, it is obligated to ban discrimination and achieve gender equality. The requirements on gender equality also apply to European governance instruments that coordinate Member States' tax policies, such as the European Semester and the Europe 2020 agenda. It is not enough to just address underlying socioeconomic gaps as one cause of gender disparities in tax outcomes. To support long-term economic growth and poverty reduction, development initiatives must guarantee that policy actions in the field of taxes do not have a detrimental impact on intended gender equality results. The manner in which a government earns income may also have distinct effects on men and women. Incorporating a gender equality lens into general tax policy analysis has the potential to dramatically improve the quality of public policy. Initiatives to promote female labour force participation, for example, may be hindered by tax policies driven by goals unrelated to gender issues. This article will explain how the current tax policy has resulted in widespread structural discrimination against women. The article will also show and evaluate the potential advantages of gender equality goals, which have emerged as a new trend in sustainability-oriented tax policy.
The prevalence of personal laws has always been the used as a reasoning behind violation of fundamental rights of the citizens in order to comply with their religious norms. This paper shall make an attempt to critically examine muslim personal laws where the primary focus shall be on anonymous rights given to the husbands in the context of divorce on the account of suppressing that of the muslim wives. Both marital obligations and divorce obligations in muslim law are studied. And then recommendations are made about how to protect the rights of wives as well as respect the freedom of each religion and hence striking a balance between both the genders.
Public policy is an exception, in India, for setting aside of Arbitral Awards, both foreign and domestic. But the definition of this term is nowhere mentioned in the Arbitration and Conciliation Act, 1996 and hence its interpretation and application has largely been in the hands of the judiciary. This paper will explore and analyze various landmark judgements delivered in this realm to draw an understanding of how the scope and extent of application of the public policy exception and how it has evolved over time.
"Marriage is a sacred union in which a man and woman agree to look after each other; nevertheless, in India, there is a custom known as "Dowry," which includes everything from cash to expensive items or property given to the husband by the bride's family at the time of marriage. It is for the most part considered as a "blessing" by individuals giving and requesting it nonetheless, it is definitely not that. It is a social evil which regularly prompts numerous deaths or suicides of women or their families and that is the reason to shield them from any damage or abuse, the Government has sanctioned few provisions. One is Section 498-A of the Indian Penal Code, 1860, which deals with or states about cruelty against women perpetrated by her husband or his relatives, and the other is the Dowry Prohibition Act, 1961, which makes taking dowry a criminal offence. However, the original goal for which it was passed appears to have been shattered in recent years, as the clauses intended to protect women are now being used by them to avoid retaliation from their spouses or family members and to freely humiliate them. The misuse of section 498A of the IPC is discussed in this study. There have been numerous instances where a woman has filed a complaint with the goal of harassing her husband and in-laws. Despite the fact that the spouse and his family members are acquitted in such trials, they suffer from severe mental and financial suffering. The presence of the media tarnishes the accused's reputation even more. Misuse of 498A has been referred to as legal terrorism by Indian courts.”
The corporate vehicle occupies such a large portion of the industrial, commercial and sociological sectors that amenability of the corporation to a criminal law is essential to have a peaceful society with stable economy. According to section 3(42) of the General Clauses Act of 1897 a person is defined as: Any company, association, or group of individuals, whether incorporated or not, is considered a person. Even if the term “person” isn't defined in any way, it invariably includes a company. Section 56 of the FERA states that if any person commits any offence, the person shall be tried under the section without any exception other than what is mentioned in the section itself, this brings up the question, How can a corporate body be imprisoned under the provisions of this section? The section is vague in this sense, however, if we look at the definition of person under the General Clauses Act of 1897, a company is a person regardless of anything else mentioned anywhere else. The applicability of the section has been discussed in the two landmark cases of Asst. Commr. v. Velliappa Textile Ltd. 2003 & Standard Chartered Bank v. Directorate of Enforcement wherein, the supreme court overruled the precedent set by the Velliapa textiles case which said that a corporate body cannot be covered under the provisions of section 56 of The Foreign Exchange Regulation Act.
In layman’s terms, the word “Privacy “ means that keeping personal info and matters secret or inside oneself. In broad terms, ‘Privacy’ means that to own management over one’s info, its method, and mode of assortment, and keeping it free from interference and intrusion. Earlier ‘Privacy’ was commonly utilized in philosophical, political, and in legal discussions. The thought of privacy was coined by Aristotle. He distinguished it into public and personal spheres that were related to political activities, family, and domestic life severally. The word “Data protection” refers to the practices, safeguards, and binding rules place in situ to shield your info and make sure that you stay au fait of it. protective knowledge from compromise and making certain knowledge privacy area unit different key elements of information protection; but wherever there aren't any laws to enforce within the event of a breach, the worth of these rights is lost. to uphold the quality of those rights, sovereign nations of the planet place in situ laws and different mechanisms to ensure them. These all things also are called “PERSONALLY identifiable INFORMATION” (PII) Governments even have an interest in making certain the protection of private knowledge. In 2015, criminals’ scarf twenty-one.5 million records from the USA workplace of Personnel Management that contained the sensitive personal knowledge of federal workers and their members of the family. this kind of attack is occurring a lot of oft across the world, and countries should take action to raised shield individuals’ info.
The highest punishment that can be inflicted upon a person is death. Though historically, capital punishment has been used in almost every part of the world, more than 70% of the world’s countries have abolished capital punishment in law or practice in current times. Nonetheless, capital punishment presently exist in many parts of the world. The Indian Penal Code lists certain offences which prescribe death penalty as a punishment and the constitutionality of death penalty has been upheld by the Supreme Court. To pass a death sentence as a punishment to the perpetrator of a crime, a trial court relies on the doctrine of and circumstances of each case individually. Death penalty is a not a mandatory punishment and should be resorted to only if the Court is burdened with a case involving the “rarest of the rare” circumstances where death penalty is necessary to restore the collective conscience of the society. The principle of “Rarest of Rare” has its inception in the case of Bachan Singh v. State of Punjab and has further evolved through other landmark judgements such as Macchi Singh & Ors. v. State of Punjab where the Apex Court established several guidelines for invoking the Rarest of Rare principle. However, the relevance of this principle has been put to question as most of the developed world has abolished death penalty as a form of punishment. In a modern democracy it’s of utmost importance that the mode of punishment in the criminal justice system shifts from retributive to reformative and calls for abolition of death penalty have been rising rendering the rarest of rare doctrine untenable in the 21st century’s democratic society.
The sanctity and importance of the marriage has been recognized among all the people of the world. In India, a list of offences against marriage and punishment provided in the Indian Penal Code, 1860 which had passed during the British era and at that time the social status of women in India was pitiable. Women were not independent economically and were considered as an object. The structure of the society was different from what its today and several social evils were prevalent during those days. Polygamy, child marriage and Sati system were common and since women were observed as a property of men. Women were subjugated and exploited by men and this led to the framing of such laws. The Investigator in this article will reviews the sanctity of the institution of marriage, which is very basic to Indian society, needs to be preserved at all cost, by analyzing the various provisions of the Indian Penal Code, 1860, specifically deals with offences relating to marriage, through a doctrinal study on the topic based on secondary sources of data such as books, magazine, journal, news paper and reports of various governmental and non-governmental organizations.
Keshvananda Bharati is a landmark case, and the Supreme Court's ruling clarified the Constitution's fundamental framework doctrine. The bench's verdict in the case of Keshavananda Bharati was very unusual and reflective. The 700-page decision provided a compromise for both Parliament's freedom to change legislation and citizens' right to safeguard their Fundamental Rights. The Basic Structure Doctrine was established by the Bench in order to defend the rights of both Indian people and the Parliament. The Bench addressed the questions that remained unanswered in Golaknath's case with this approach. This case overturned the ruling in Golaknath v State of Punjab, limiting Parliament's ability to change the Constitution. The Basic Structure Doctrine was developed to ensure that amendments should not deprive people of their privileges as provided by the Fundamental Rights.
In this research paper there will be an introduction of “constitutional response to corona virus pandemic in India” whereby its status in present scenario. The study depicts how this outbreak has rapidly engulfed the whole world in its trap affecting millions of life and disrupting the socio economic condition globally. Every country is taking the safety majors declared by WHO and the following the guidelines made by their own government. India too has taken major step to break its chain by declaring one day Junta Curfew. The government has declared nationwide lockdown for 21 days making whole country to standstill. The study also focuses on the various changes that have been brought in laws and how effectively both the central and the state government working in their spheres to control the situation. The major extent of this cause can be prevented by maintaining the social distancing. At the outset, I have tried to distinct between constitutional validity of lockdown and the measures taken to enforce it. How the country responses to it and to what extent the lockdown is constitutionally valid. Then secondly, I have focused on provision of national emergency and Is the declaration of national emergency on COVID-19 constitutionally valid? The answer to these questions has been critically examined and explained further in the paper.
The Bharatiya Janata Party Government, led by Prime Minister Narendra Modi, has implemented a number of anti-Muslim policies. The latest is a crackdown on what it calls "love jihad," the idea that Muslims are attempting to trick Hindu women and convert them to Islam by marriage. Several BJP politicians have indicated that this is part of an Islamic plot to increase India's Muslim population over the last year or so. One of India's most populous states has recently asserted the right to interfere in marriage disputes, especially between Hindu women and Muslim men. Other states including Madhya Pradesh, Haryana and Karnataka are considering doing the same. The citizens of India are assured of four things in the preamble of the Indian constitution: First, justice, which includes social, economic, and political justice; Second, liberty of thought, expression, belief, faith, and worship; Third, equality of status and opportunity; and Fourth, fraternity, which includes the dignity of the individual as well as the unity and integrity of the nation. However, when the concept of fraternity becomes frail and on the point of collapse, democracy's very existence is jeopardized. Here in this paper it is discussed how the term ‘Love Jihad’ is interpreted in the ordinance passed, and is used unconstitutionally to disintegrate the unity between people of different faith.
Scourge are enormous scope flare-ups of irresistible malady that can extraordinarily expand dreariness and mortality over a wide geographic region and cause noteworthy monetary, social, and political interruption. Proof proposes that the probability of endemic has expanded over the previous century in view of expanded worldwide travel and combination, urbanization, changes in land use, and more prominent misuse of the indigenous habitat. These patterns likely will proceed and will strengthen. Over the past centuries the increase in the global travel, international integration, urbanization, different uses of land and more exploitation of our natural environment. In earlier government take some preventive measures i.e., Arrangement of medical inspections Awareness of hygiene and sanitization, isolation of people, restrict all the transport system of that time. In the Epidemic act there are only 4 sections which are not enough to deal with epidemic. And it is also the shortest act till now in India in this act there are some important and special power for controlling the spread of communicable diseases. This act has some limitations in the recent time and merely not right based. As this act is having the limitations so there it needs to be more integrated more justified, more relevant for controlling the pandemic situations in India. The act should be more actionable and precise. It has drawbacks as it is old and small. The act has its major limitations as the act is 118 years old. The act has used in various disease in India such as cholera dengue and in recent covid 19, in 2020.
The Values are the ideas formed in the mind of a Judge who is going to decide a case. It may be considered to be the end result of the cognition during the decision making process of a Judge. It is treated as one of the aspects of justice. Values are the beliefs about what is right and wrong and what is important to arrive at a decision. It is associated with judicial reasoning. Values are somewhat different from the codified legal rules which help in doing justice according to law. That is why, while administering justice, the Judges should bind themselves not only with the valid rules but also with values so that rational judgment can be delivered. Values concerned the function of law in society. Therefore they need to be studied with reference to those cases which introduce some new rules or cause some variations on an existing one. In this backdrop, the author in this article has analysed the concept of values, value- judgment and the texture of law. The different yardsticks which the Judges employ in order to determine the conflicting interests and finally deliver the judgments for the benefit of the masses are also categorically discussed. The author has evaluated some of the relevant judgments pronounced by the Indian Judiciary which have significantly contributed towards the development of individual rights as well as the growth of the Nation.
This paper conceptualizes the shortcomings of the manual jury selection process; a feature we perceive as a legal deficit with detrimental consequences to the judicial systems across nations. It introduces a pioneering operationalization: The PereiraJuryNet. We contribute by outlining the jury selection processes and a subsequent assessment of the problems associated with the manual selection of jurors by the prosecution and defense. Mindful of the inefficiencies of the manual jury selection system we advocate the use of machine learning algorithms in jury selection devoid of human bias and prejudice. We developed the PereiraJuryNet using Random Forest, SVM, Adaboost and Naive-Bayes machine learning models. Our proposed model recognizes key traits commonly considered during jury selection and voir dire such as political preference and awareness, conflicts of interest, demographic traits, experience and knowledge etc. and cross- references these with the nature and facts of diverse cases thereby being able to generate the 12 jurors best suited for any given case. Further, we illustrate the need, mechanics, data science and machine learning pipeline of the PereiraJuryNet model and provide suggestions for future work.
The Indian justice system has paired itself with undue delays, high-cost litigation and an abundance of cases put on ice. Other forms of dispute resolution have not been the traditional go-to for parties, but that has started to change for better over recent times. Based on the ease of use, requirement of resource provisions, time sensitivity and utility of the process, particular dispute resolution methods provide distinct advantages to the parties that outperform litigation. This paper seeks to address the lack the of a mediation legislation in India, questions the Opt-in model and proposes a statute backed Opt-out model for mediation proceedings. It argues that the while the Opt-out model would not be suitable for cases that do not have elements of settlement, for example criminal matters generally, the Opt-out model can be a transformative device that rallies mediation as a successful dispute resolution method, in limited specified civil and commercial disputes, and achieve efficient outcome enforcement through the backing of a statute. Mandatory pre-litigation mediation for suitable cases can also prove to be a champion in reducing the litigation burden on civil courts.
The implications of Diamond v. Chakrabarty decision are reflected in different sectors where application of biotechnology has only lent a helping hand to the process of advancement. Life forms have been the object of the ‘Midas touch’ of science, which has indeed facilitated transformations as precious as gold. Protection of such unique and new inventions becomes inevitable and the same is ensured by granting of Patents. Biotechnological inventions utilizing life forms as subject matter have changed the global patent scenario with the continuous dilemma of boon or bane. Gene patenting is one such relatively new phenomena which has shown potential in various forms and sectors. Scientists world over have confirmed their faith in gene related inventions & therapies, which makes the critics resort only to moral & ethical objections against the same. Adhering to Bentham’s theory of Utilitarianism which seeks to give precedence to the needs and positive effects on the society, the game should end in boon over bane. In light of the growing importance and dependence on gene based inventions, this paper seeks to analyze the concept, legality and the moral dilemma with regard to gene patenting in India, a developing country having tremendous scope for the application of gene based technologies, China, a developed country having a stringent and well defined legislation for regulating patents and draw a comparison of the above stated Asian countries with the U.S., which not only has a well-defined patent legislation but also a clearly laid down law for gene patenting.
This paper aims to study the role of civil society and civil society organizations in the process of reformation of society. The paper has been divided into four chapters. The first chapter deals with the introductory part and analyzes the overall working of civil society in the scheme of things in a democratic state. The second chapter deals with the market and economy. It analyzes how civil society organizations help the marginalized communities in developing nations to have access to basic facilities which the government has failed to provide. The third chapter deals with policy making and the influence and impact of civil society organizations in formulating policies. It also analyzes the role and functions of the civil society organizations in implementing the policies of the government which have been hard to deliver to the marginalized communities. The fourth chapter deals with the accountability and transparency aspect of the government and how civil society organizations help in ensuring better transparency and accountability in the society. The paper studies the civil society organization as being a very vital part of the society and very important to keep the tenets of democracy mentioned in the Constitution of India alive and efficient.
The contemporary issue is regarding the patented covid vaccines and existing high demand for such vaccines all over the world. One of the such burning issues that’s happening now all over the world is about the Covid pandemic and covid vaccines that are patented across few countries. The research paper aims to analyse each of such contemporary issues that’s prevailing regarding the production and supply of the covid vaccines and aims to evaluate whether the compulsory licensing would cope-up to act as a life-saving step against the existing pandemic. The issue here is the patent holders who are not coming voluntarily to grant license to third parties for manufacturing such patented COVID vaccines. Providing licensing to just few pharmaceutics industries does not serve the purpose of ending the pandemic any time soon.
The Constitution may be defined as the country's constitutional rule which serves as the foundation for the development and enforcement of all other legislation. We should both agree that the Constitution is the mother of all rules that derive their legitimacy from it. It further establishes the framework, jurisdiction, and limitations for all legislation enacted by a country's legislative body. It's one thing to write a constitution, yet another to change it. Amendments are made in response to changed circumstances, the will of the people, or the vote of the people. All three of these nations are democratic in the world: India, the United States of America, and the United Kingdom. The researcher aims to understand the problems faced in amending any part of the constitution. The whole study of the research paper is based on the Qualitative research method and various comparisons are done by the authors of the paper to understand the current situation. Furthermore, the critical analysis by various other authors is also kept in notice in order to base the research on already existing facts. The project ends with a conclusion by critically analyzing the amendment procedure in all three countries and providing the best amendment procedure amongst them in relation to the needs of the changing society.
The Legal Profession being a noble profession is governed not only by Legal but Ethical considerations as well. In fact, the Preamble to the Constitution of India guarantees justice, “Social, Economic and political” to every citizen. Legal professionals lie at the core of administration of justice. The profession has dynamically and rapidly evolved over a span of several years Nonetheless while Immense strides have been made, there is still ample room for evolution and future development of the profession for benefit of the entire humanity. In this paper, an attempt has been made to trace the history of Legal profession in India throughout the Ancient, Medieval, British and finally the Post-Independence Period, with a brief introductory portion on the origin of this profession in ancient Greece, Rome and the UK.
The Oric Case may be coined as a ‘symbolic sentence’, rendered by International Criminal Tribunal for Former Yugoslavia (ICTY). The term ‘symbolic’ depicts the accompanied significance, ranging even beyond its immediate legal consequences. To a certain extent, it marked the underpinnings of efforts undertaken by the International Courts to establish an effective International Criminal Justice system, especially regarding War Crimes and Humanitarian Law violations. It may be construed as one of the first verdicts penned by a Hague-based Court that attracted substantial attention from the media as well as Judicial Establishments of countries, signatory to the Geneva Conventions and other International Treaties relating to War Crimes or Humanitarian Law. This case was instrumental in defining International Criminal Justice as a fundamental element of the international legal order, and more significantly, marked judicial efforts towards bringing war criminals and persecutors to justice. Its relevance is further highlighted under the International Law Jurisdiction as it manifested a precedent for ensuing proceedings of similar nature, surmounted by assertion of the Statute’s application to Armed Conflicts unrecognized by the International Community. The world, today, witnesses the bearings of this decision, in eventual blossoms of certain guidelines (or standards) with respect to precise identification of alleged perpetrators in a definite manner, i.e., the decision is a clear articulation of preconditions for any future trial judgments involving commanders accused under Article 7(3) of ICTY Statute. The present comments are authored to concentrate on this watershed case, especially to examine the controversial application of an additional mode of individual responsibility under Additional Protocol I, that led to prevention of failure to punish violations by subordinates as per Article 86(2)(e). The intent here is to provide a crucial yardstick to gauge whether the aforementioned doctrine could be fruitfully applied to ‘individual responsibility’ in general, under IHL.
National human rights institutions (hereinafter referred as NHRI’s) are State bodies with a constitutional and/or legislative mandate to protect and promote human rights. They are part of the State apparatus and are funded by the State. National human rights institutions—at least those that are in compliance with the Paris Principles—are the cornerstone of national human rights protection systems and, increasingly, serve as relay mechanisms between international human rights norms and the State. They have boosted globally the development of human rights. However, the fact that serious and grave human rights violations occur today also, establishes that NHRI’s have not been able to work in an effective and efficient manner and have not been able to achieve fully the goals they seemed to. While we celebrate the successes, we must also recognize the numerous challenges that NHRIs face today. It will be brought forward that the vulnerability of NHRI’s in matter of budget, the lack of support of non-governmental institutions towards NHRI’s, Governmental control of national media become some of the main challenges that NHRI’s have to constantly deal with. Lack of an adequate resources and powers tends to dampen the status of countries on an international front apart from making the working of NHRI’s nominal. The research will tend to highlight the challenges faced by NHRIs regarding pluralism and diversity and the fact that they are inseparably connected to the type, functions and tasks of the NHRI.
In the last few decades, several technologies have been introduced to alleviate the workload. One such technology is Blockchain which was introduced first time by Stuart Haber and W Scott Stornetta in 1991 through a paper and a model of blockchain was established in 2008 by a developer or group of developers working under the pseudonym Satoshi Nakamoto. and to affirm transparency among peers. Blockchain is distributed ledger technology that uses cryptographic hashing to encrypt data in blocks. Each node gets updated whenever any transaction occurs and each node must authenticate every transaction which affirms transparency among peers. Blockchain technology has gained its popularity in a trice due to bitcoin which is a mere application of the technology. The quality of assurance of blockchain has made many corporate leaders avidly interested in adopting the technology. The paper will be elucidating the working of Blockchain technology to understand its industrial application, use cases in the legal field and corporate. Also elaborating upon challenges in its implementation which include cybersecurity, privacy, etc. escorted with some recommendations to escalate the use of technology.
The expression “Uniform Civil Code” literally means “Common Code” for each and every person living in the country without any religious discrimination”. The main subject is whether our country is developed enough to introduce this common code after getting the Constitution of India. This common law in India that extends to all Indians, regardless of their religion. In the realm of personal law, India has a set of concurrent personal laws that apply to members of different groups. An optional secular system of personal law is included in this personal law system. This paper attempts to assess the whole dialogue across the UCC, the arguments on its necessity, role of British in introducing the idea of UCC, role of constituent assembly and of renowned political heads in reforming the code. If passed, the Civil Code will govern the personal and significant directives of all religious groups related to matrimonial issues, separation issues, issues pertaining to adoption and acceptance, guardianship, inheritance or birth rights, land inheritance and other secular affairs in the Indian state, and promote fraternity. Realize the unity between people by providing people with a set of personal laws that unify the core values of humanism. It is to be believed that the personal legal system used in India today is the result of later colonial reformers of various religious leaders trying to adapt their legal system to their own interests and to trace the roots of current debates. The debates of the century and the beginning of the 20th century on legal reform.
The Companies (Amendment) Act 2019 and 2020 have decriminalised numbers of provisions which were hitherto panel provisions under the Companies Act 2013. Under these amendments, provisions were made tortious liability by the sanction of compensation. The Company Act 2013 was enacted on the background of the recommendation of the working committee to rewrite the Companies Act on the aftermath of the new economic policy incorporated in 1991 which brought globalisation and liberalisation authority economy. The Company Act 2013 also provide a reinforcement to the deteriorating situation of corporate governance in India by the menace of corporate fraud and corporate malpractices in the nineties, which was reflected in the collapse of Satyam Online, UTI and many other stock exchange fraud. The western common law countries have dealt with such situation very sensitively by enacting stringent panel legislation. In USA, they brought Sarbanes Oxley Act of 2002 and in Australia, the Australian Criminal Code Act 1995. These laws have adopted very sophisticated mechanism by evolving new principles of criminal liability of corporation to curb effectively the menace of corporate crime. Even after enacting the companies Act 2013 in India, there was frequent incident of corporate fraud which caused serious harm to the economy of the country. In such a situation decriminalising number of provisions in the Companies Act 2013 in a hasty way shall not be considered as a measured action by any knowledge of legisprudence. This article through lights on the socio-legal background of the Companies (amendment) Act 2019 and 2020 and its probable socio-economic impacts.
The inventions have revolutionized the world and made life easier. These inventions are being done not only in fields of machinery but also in food, medicines and cosmetics. For these, genetic resources and traditional knowledge have been used to their full potential and properties. The inventions that derive from biological resources are eligible for patent grants. The genetic resources not being intellectual property cannot be patented. There has been history of monopoly over plant varieties and use of such products. However, they have to be novel creations. These genetic resources and traditional knowledge are obtained over a long period of time, but they do not come free of cost. There are several negative aspects that are to be dealt with for the advancement of society. Biopiracy is one such disadvantage. It is the use of such resources and the knowledge related without fair compensation. The trade and share of resources has helped the world develop over centuries but the question is that whether these resources are owned but individuals or nation states. Who has the proper rights to exploit them and under what circumstances? This paper deals with the question of proprietary right over the genetic resources and traditional knowledge. This paper also throws light on the problem of biopiracy and its effects. Whether the Conventional Laws and Indian Laws fulfill the requirement for protection of Genetic resources and Traditional Knowledge? What measures should be taken up ahead with the changing times?
The Right to a Fair Trial is one of the fundamental safeguard to ensure that accused persons are protected from arbitrary or unlawful deprivation of their freedom and human rights. According to International Human Rights law, the states must respect, protect and fulfill its obligations related to the enjoyment of fair trial right by the accused persons within their territory and/or jurisdiction. Thus, Rwanda, as well as other states, must organize their judicial and legal systems well as to align with the requirements of right to a fair trial. This study intends to evaluate the adequacy of Rwandan criminal law in the light of the right to a fair trial. It analyzes the legislations which are closely related to the fair trial right and criminal court proceedings. In this perspective, the Constitution of the Republic of Rwanda, the Code of Criminal Procedure, and the Penal Code are qualitatively analyzed. This research argues that despite attempts to reform and domesticate International Conventions and Agreements, Rwandan criminal judicial system still largely falls far too short of complying with the International Human Rights obligations related to the fair trial right. It aims to contribute to the existing scholarship by suggesting measures and mechanisms to ensure compliance of Rwanda’s Judicial Criminal Justice System with the right to a fair trial. Ultimately, this paper provides the rights of a fair trial as provided in Rwandan Criminal Law. The paper used doctrinal method. Hence, main legislations, which are closely related to the fair trial right and criminal court proceedings, are to be qualitatively analyzed, namely, the Constitution of the Republic of Rwanda, the Code of Criminal Procedure, and other laws as Code of Penal Code and Evidence Act. This Article begins with the introduction. It proceeds to examine the notion of the right to fair trial, the Rwandan criminal legal frameworks in the test of fair trial, and the conclusion. This contribution recommends that the current criminal legal framework should be reformed for improvement of the Rwanda’s criminal legal frameworks.
Why people with high standing in the society do not think that they can be criminals too. The illegal acts that they perform to get profit in their businesses or to fulfill their undue purposes makes them criminal under the eyes of law. But what can be the situation where, there is no specific legislation in our country with respect to it. Yes, in our country we don’t have any specific legislation for such people. We do call that act as white-collar crimes but, hardly few people have any clue with respect to it. The need of the hour is thus, to ensure that there is a minimization if not complete riddance of the subjugation of the certain segments of the society to the consequences of man’s reckless pursuit for the so-called advancement. This is in reality what justice is all about to secure the justice to the voiceless and marginalized sections of the society. Edwin Sutherland defines white collar crime as “a crime committed by a person of respectability and high social status in the course of their occupation". In this paper, the researcher will be talking about white collar crime with respect to environment which can also be called as green collar crime with respect to Maradu Flat Case of Kerala. She will try answering certain questions like how environmental harm is a kind of white collar crime with the help of cases, is white collar crime actually a crime and to what extent it can harm individual or society at large and what measures needs to be taken to curb the menace of white collar harm done to the environment.
The shift from traditional way of doing business to the flourishing online business platforms or say e-commerce can be attributed to the exponential growth in internet usage. And, the entry of “Online medical apps” in the e-commerce industry in India has raised questions from every nook and corner. As, though technology possessed the attribute of ‘ease of doing business’ it also brought with it the possible threat to “Right to health” which is an invincible right of every citizen of India. However, the question arises whether these online-pharmacy services are safe, harmless and legal? With the absence of any specific law concerning the same, aid can be taken of statutes such as Drug and Cosmetics Act, 1940; Drug (Control) Act, 1950; Information Technology Act, 2000. Nonetheless insufficiency of these legislative instruments has urged the government of India to draft the rules with respect to sale of medicines through online apps, known as “E-Pharmacy Rules, 2018”. This paper will analyse the development of “E-pharmacy” in India and the roadblocks faced by it. Introducing the expanse of “online pharmacies” and very concept in Chapter I, it moves to highlight the negative impact of unregulated online pharmacies on “Right to health in Chapter II. The paper also provides glimpse of international efforts in this field, followed by endeavour made by Indian legislators to monitor online transactions of medicines under Chapter III & IV respectively. Lastly, Chapter V concludes the article by providing some suggestions.
The emergence of Third-Party Litigation funding in India could turn out to be the cardinal tool for shepherding justice that has yet to have taken hold in the sub-continent. Third-Party Litigation funding (TPLF) is a form of non-recourse financial support for funding the litigation, mediation, or arbitration costs of a litigating party, in exchange for a part of the damages awarded from the completion of the litigation if the case is won. TPLF has undergone constant change over the years of its practise and has seen gradual acceptance world-wide even though it was met with disdain and restrictions initially. TPLF has been sought after by cash-strapped companies who were struggling to continue operations as well as fighting multiple legal battles. TPLF allows companies to essentially create a win-win situation for themselves. If the funded litigation is successful, the company receives a sizeable percentage of the awards and if the litigation is unsuccessful, the company will have not incurred any expenses either way, as the duty to pay for legal representation and other costs was on the funder and not the litigant. The Opponents for TPLF have called out for the banning of this practise as it can give rise to the abuse of the legal process and a possible increase in frivolous lawsuits. Although there has been negligible growth in India in regards to the TPLF market, it is well-established in other common-law countries across the world such as the U.K., Australia, U.S., Canada, etc.. The industry has seen year-on-year growth from its genesis during the 1990’s to be currently evaluated at over USD 50 billion- USD 100 billion worldwide. With a plethora of hedge funds and private equity firms exploring new investment classes that does not revolve around the global equity markets, it seems India is poised for an explosion of TPLF in the ensuing decade. This paper seeks to act as a comprehensive guide on TPLF, as well as providing a brief outlook on the status of third-party funding in other countries, Further, it discusses the challenges and legal barriers TPLF will face in the Indian subcontinent. Finally, it seeks to answer the question of how truly viable is TPLF in the Indian realm.
Hindu Law has conferred certain rights to a Hindu woman to enable her facilities for livelihood such as right to claim maintenance, right to adopt a child, absolute right under property possessed, etc. These rights are conferred in accordance with Natural Laws and Hindu rituals, texts, etc. Hindu law also confers liabilities to a woman to maintain her children, her dependants and in certain cases her husband. She has a liability to perform certain rituals like saptapadi.This paper endeavours to make a study of legal framework related to certain rights of a female in Hindu joint family in comparison to the right to life provided in article 21 of the constitution of India and other international covenants like Universal Declaration of Human Rights 1948, International Covenant on Civil and Political Rights 1966, International Covenant on Economic Social and Cultural Rights 1966, International Covenant on Elimination of Discrimination against Women 1986, etc. It also states some of the liabilities on a Hindu female that are part and parcel of the existence of the Hindu joint family and provide a glimpse of the tradition-bound Hindu society.
Free trade has always been the foundamental pillar for an effective trade recognition and enforcement. African Continental Free Trade Area (AfCFTA) is a mile stone towards the consolidation of previous efforts for the creation of a continental-wide free trade area in Africa. The paper delves into the developmental prospects which Africa as a continent stands to gain from the AfCFTA. This article also looks at some possible factors which may stand as an impediment to the prospective gains of AfCFTA such as Geographical limitation, inadequate infrastructure, Huge Revenue Loses, irregular trade patterns and Cumbersome Formalities.The article used both the analytical and descriptive approaches on research documents focused on the AfCFTA. From the findings of this article, there is that opinion that free trade in Africa continue to be a nightmare marred with lots of barricades that hinders the effective recognition for the need to engage in trade dealings. However, the author’s own study concludes that the Achievement of any continental wide development though dependent on massive ratification of the AfCFTA agreement, needs a concerted effort by African nations to oversee the implementation of the AfCFTA agreement to the later.
First, we will go over a brief history of this act and attempt to trace its origins. We will then go over the various major amendments that have transpired up to this point. We will look at what the current obstacles and issues are under the Negotiable Instruments Act. We'll look at what loopholes exist in the act's various clauses, as well as what steps the country's courts have taken to fill in the gaps. We'll take a look at some of the most important recent decisions of various courts simultaneously and We shall attempt to respond to some of the questions posed by the nation's collective conscience. There are three important instruments that are heavily regulated under the act, namely, promissory notes, bills of exchange, and cheques. This article focuses primarily on one of the instruments, that is cheques.
It is said that a camera cannot lie. However, in this digital era, it has become abundantly clear that it doesn’t necessarily depict the truth. Increasingly sophisticated machine learning and artificial intelligence with inexpensive, easy to use and easily accessible video editing software are allowing more and more people to indulge in generating so-called deep fake videos, photos and audios.. These clips, which feature fabricated, altered and fake footage of people and things, are a growing concern in human society. Although political deep fakes are a new concern, pornographic deep fakes have been a problem for some time. These often purported to show a famous actress or model or any other woman, involved in a sex act but actually show the subject’s face superimposed onto another woman’s body who is actually involved in that act. This feature is called face-swapping and is known as the simplest method of creating a deep fake. There are numerous software applications that can be used for face-swapping, and the technology used is very advanced and is accessible. Deep fakes raise questions of personal reputation and control over one’s image on the one hand and freedom of expression on the other. This will have a significant impact on user’s privacy and security. Increasingly, governments around the world are reacting to these privacy evading applications for e.g., India banning TikTok and the USA investigating the privacy issues of TikTok and in the process of enacting laws to reduce the impact of deep fakes in the society. The study in this paper includes the ethical and legal implications surrounding the deep fake technology which also includes the study of several international legislations and analysing the position of India in tackling the crime of deepfake.
India’s position as a global economic force, inter alia, mandates the need for a robust regulatory framework for its securities market, to boost the confidence of both the domestic and the international investors that their money is safe in a fair and transparent securities market. In the recent years, India has witnessed large price fluctuations in the shares of public companies during the periods of mergers or acquisitions and illegal trading on the basis of unpublished price sensitive information, which has caused great concern to the Indian securities market. If the fiduciaries who run the companies for the benefit of the shareholders gain unjust enrichment at the cost of the company and its shareholders, it becomes a heinous crime. Although illegal insider trading is a global phenomenon, a study by the IMF reports that it is relatively high in countries such as India, China, Russia, etc., resulting in high volatility in share prices. Indian studies also have reported that insider trading activity is observed amongst companies belonging to the same business group prior to merger announcements.
Feminism or feminist movement is the rights of women and campaigns related to their right to life. They have their own rights and voices against various kind of violence against them. To uphold the sustenance of women power and right feminism is the main weapon of today’s world which voicing about their rights relating to reproduction, equal pay, women’s suffrage, maternity leave, sexual harassment etc. The movement of women and environment is a new concept under the genus of feminism which establishes women’s connection with their environment. This is called eco feminism and it is rather a new idea which prioritizes women interference with natural environment. Eco feminism is a species of feminism establishes and examine the relation between women and nature. In 1974 French feminist Francoise d’Eaubonnecoined the term with the basic of gender equality in relation to women and environment. It is a commitment of womanhood towards environmentalism in this patriarchal society. It voices against the unjust ways and treatment and dominance over women and nature. The women folk are playing the most important role in creation of the humanity by giving birth to a new life. So women are having an intimate relationship with nature due to their biological preference. Though they are vulnerable and sensitive species without them proper environmentalism cannot be carried on.
The aim of this paper is to examine the topic of "Rape" in India from several angles and to offer solutions for eliminating this crime from the country. A comprehensive investigation using the primary problem analysis technique should get used to the gang rape case of 16 December 2012 in order to uncover the underlying source of the rape problem and advise ways to minimize such exacerbations in the future. Despite the fact that rape is considered horrible and illegal in nature, the quantity and degree of inhumanity associated with this crime has already been increasing. As a result, the topic is both significant and timely. The work presents an intellectual and empirical contribution to a little-studied area of rape violence against women. A greater understanding of the rationale behind rape would almost certainly lead to the implementation of preventative measures. Since there are numerous perspectives on rape and related crimes, the investigations are fragmented in nature and require a holistic integration to immerse into the causes and consequences of rape. This research not only incorporates multiple perspectives, but it also investigates the multifaceted reasons of the rape phenomena.
The Rome Statute, the founding statute of the International Criminal Court, is the first international statute to codify an environment centric war crime. While several international institutions have previously explored the phenomenon of environmental damage during a war, this has always been restricted to situations where the ultimate harm was caused to civilian populations. Therefore, the notion of an environmental crime came to be inherently linked with its potential to damage the human population. This approach trivialized the harm done to the environment, and neglected any act which did not have a consequent effect on civilians. This paper seeks to analyse the provisions of Article 8(2)(b)(iv) which removes the sine qua non of human damage, and provides a cause of action grounded in environmental damage alone. Through the course of this paper, the author would be tracing the legislative history behind the provision, analysing the contextual elements of Article 8(2)(b)(iv), and highlighting the exacting standard enshrined under this provision.
Due diligence is the process of identifying the probable risks in mergers or acquisitions. It is a rigorous analysis of the various aspects of the functioning and capabilities of the company. This is done to gauge the compatibility of the companies. It ensures the companies turn over the documents required, and they comply with the process and disclose all the material facts required to make an informed decision. It also protects the companies from fraud as during the process of restructuring it is possible that companies wrongly project an image of their success. This takes a holistic view of the company including assessing the culture of the company and the practices and values that might be crucial to their operation. It looks at the financial health of the company through the book of accounts and financial records and this helps the company verify the claims made during the negotiations and take an informed decision.
Intellectual property rights are exclusive rights which given to a person over their creation for certain period of time. ‘A kind of property which cannot be touched by bare hands but sometime has much more value than our property which can be touched such as Land, House etc. Intellectual property also called as intangible property for instance patent, trademark, and copyright etc… which protects our right over that product what we have created by using the creation of mind. In simple terms (IPRs) is a right for the ownership of a property which is intangible and is the result of one’s intellect, labour and intelligence. Now the Question arises why we need such right to protect our intellectual belongings, answering to this question since there were already ample amount of rights and regulations which exists to maintain our conventional property (tangible). But all these rights we enjoy in this contemporary world against our intellectual belongings came into existence in recent past only. Although there were several law and order as well which were in practice related to intellectual product but its scope was much narrow as to compare what an intellectual product holder possess today. Hence to appreciate one’s hard work, to give incentive and right over his/her property so that they can use them and take its royalty and several other as well. What is the relevance of such right ? To have a fair trading. Concerned areas and several types of intellectual property rights, issues under this right and its difficulties, Pros and cons of such right – makes our trading system works much more fluent and convenient –Protects ownership right – provides rewards of one’s intellect and hard work and sometimes few loopholes also occur. All of these above-mentioned questions have their answers in the article.
No Society can be completely devoid of Crime and Punishment for every Crime is indispensable. Modern Criminologists, however, prefer to perceive criminals as ‘sick’ person who deserve ‘treatment’ in form of rehabilitation and reformation, instead of being inflicted with retributive punishment. With the growing impact of Reformative theory of punishment accompanied with demand to protect certain rights of prisoners ensuring fundamental human dignity, Open Prison System has come to light. Open Prisons have emerged as a correctional system for reformation of prisoners by providing them with recreational facilities, family-visits, remissions, wage-labour which instils them with self-confidence and helps them to re-socialise with community after their release. However, though the aims and objectives to be achieved by the Open Prison Systems are laudable, there still remains a room for improvement and reforms. This paper, thus, attempts to trace the history of open prisons, discuss the utility of open prisons as a correctional system, especially in India, in the current scenario and suggest some measures for improvement.
In the words of various jurist it says that the true way to construe any statue is take word as the legislature has given them and the meaning of the word would be taken as naturally or generally implies. While interpreting a statute there will be two situations when meaning of the statute is very clear but the main problem arose where legislature has left some areas ambiguous or when the provision is not clear due to some surrounding circumstances. The jurist has to tackle the second situation when the author and jurist tends to apply things which are silent or not clearly mentioned and this is a common problem while dealing with interpretation of statutes. Many statutory provision are not clear means there are always some hidden fact rather than expressed. Therefore while reading any statute the reader has to interfere and for this there are certain methods are laid down in law. The maxim expressum facit cessare tacitum embodies the principle that no inference is proper if it goes against the express words Parliament has used. The chief application of this principle lies in another maxim of ‘expressio unius est exclusio alterius.’ Principles of statutory interpretation are not as simple as it seems like but while applying such construction extreme caution has to be taken. The point is that sometimes the exclusion by the legislature maybe an accident and therefore it is not right to apply the principle without getting the wholesome idea of the statute or the intention to made this statute, the idea of these principles is to help interpretation of statute and not to cause injustice to anyone and defeat the purpose of law. Thus while applying the principle it must be kept in mind that aids of internal construction though are to help interpretation of statutes, yet Courts in applying these aids must be cautious and must not make it a formal application as this might cause grave injustice and therefore the duty of Courts is to offer justice and to not create further confusion in ambiguous statutes.
India is a developing nation which is constantly evolving with the spirit of development, of which progress is an integral part. In achieving the goal of development media plays a very important role. Starting from the days of Indian freedom struggle, the media or the press has played a very significant role in awakening of its spirit of independence. Media started in print form in the country and later with the advent of radio, television and other technologies, the sphere of its coverage gradually expanded. Further media plays a very important role in our day-to-day life, as it is responsible for shaping up the opinions of people in the society. To shape up a correct opinion, the circulation of correct information becomes equally important this can be achieved only through a free media, which is unbiased in nature. To ensure the freedom of media, our constitution does not provide any specific heading, but it provides Article 19(1) (a), which speaks about freedom of speech and expression, this freedom in itself is inclusive of freedom of press. There are certain limitations provided in Article 19 (2), which leads to the judicious exercise of the freedom of press. There have been many judicial instances where different courts, including the Apex Court i.e. The Supreme Court of India has established the right of freedom of speech and expression, which includes different aspects of free media in order to achieve the overall development of the nation.
The term passing of goods or property means that there is a transfer of ownership in accordance with the principles of the Sale of Goods Act, 1930. The rights, duties and liabilities of both the seller and the buyer can be understood only through the concept of passing of property. It is a universally accepted principle of law that along with the ownership of the goods or property, the risk is also passed on from the seller to the buyer. This paper deals with the various principles and provisions pertaining to Passing of property in the light of the Sale of Goods Act, 1930.
The most essential way to keep the child rights safe is by maintaining the existing role of the judiciary. Children’s are regarded as the lovely gift to humans. Children’s seems to be the great provider for the human output, and the society will feel happy with them. When these children were neglected by the society, it also means to the loss of the whole society. As per the Indian Constitution, Article 14 deals that equality before law and equal protection of law to all with including the children. The convention like the United Nation Convention on the rights of the child 1989 is seems to be one of the most necessary agreement which says about the rights of the children. The Judiciary plays an important role in the protection of fundamental rights of the citizen and non-citizens alike. The concepts of rights of the children was not communicated while making the constitution, but now in this modern era this concept was intensively discussed and debated. And now the Constitution of India also guarantees certain child rights covering the basic issue, like health, education, protection from exploitation and hazardous employment, child trafficking, child abuse, etc. This paper will discuss on some of the issues and challenges faced by children and the Role of Judiciary in Protection of the Rights of the Children.
India is the second most populous country, which has about 16% of the world population and 2.5% of the land area. Rapid industrialization in last few decades has led to the depletion of precious natural resources in India. Further, the industrial developments have also led to the generation of huge quantities of hazardous wastes, which have aggravated the environmental problems in the country by polluting natural resources. Therefore, rational and sustainable utilization of natural resources and its protection from toxic releases is vital for sustainable socio-economic development. Hazardous waste management is a new concept for most of the Asian countries including India. The lack of technical and financial resources and the regulatory control for management of hazardous wastes in past had led to the unscientific disposal of hazardous wastes in India, which have posed serious risks to human, animal and plant life. India is the first country that has made constitutional provisions for protection and improvement of the environment. Article 48-A of Indian Constitution empowers the State to take steps for protection and improvement of the environment and safeguarding the forest and wild life of the Country. Under Article 51 A (g) of the Constitution, one of the fundamental duties of every citizen of India is to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures. The research methodology adopted will be doctrinal in nature including the principles of applied and fundamental research. The literature review shall include a study of various books and articles of eminent authors and jurists expert in the field of environment law. A perusal of the fact that how the correct utilization of natural resources today can help the upcoming generation will be done in light of decided case laws and legal provisions.
While cloud robotics provides greater efficiency, capability, scalability, and reliability, the legal concerns associated with it are of the higher-order since it involves cloud computing and robotics, which lacks clarity and comprehensive legal framework. The application of existing regulations for cloud computing and robots is also not straightforward because of the multidimensional characteristics of cloud robotics. Since cloud networked robots can transfer risk from and to tangible-intangible worlds, they pose more significant challenges, including inter alia diverse legal obligations, data security, and protection compliance. This paper discusses the data protection issues in cloud robotics, starting with examining the controller and processor's role and then, exploring critical legal problems concerning transparency and data security in a cloud robotic ecosystem. Identifying the controller and processor, which is essential to address the transparency and security issues, is not easy though not impossible. Mapping precise communications between the robots and the cloud, making the decisions of robots and AI comprehensible, incorporating predictability into the behaviour of robots, introducing verifiable security protocols, and above all, having robust organizational safeguards, can help to address transparency and security issues in cloud robot legal framework.
The plain English movement is a needed movement in across the globe to revise all the legal documents into plain English as any normal person can understand. It is existing for more than 5 decades and its progress consist of many ups and downs. Many countries have taken a step forward to develop and taking serious actions to bring in the usage of plain English in legal documents. This paper mainly deals about the criticism passed and will possibly suggest ideas relating to some of the issues applying in the plain English movement. This movement was started due to the disadvantages and criticism evolved in complex legal English. As legal documents and consumer related information having more complex terms as the public lacked clarity and conveyance of perfect applied information was not delivered by the current legal English people wanted a plain English movement to ensure that they can know the information in a clear and a simple way.
Doctrine of pious obligation is a religious duty of the sons to repay the vyavaharika debts taken by their deceased father. This doctrine has created a lot of confusion and controversial decisions in the past due to which it was abrogated post the Hindu Succession Amendment Act, 2005. This paper analyses the various aspects connected with the doctrine and also examines the various ways in which legal heirs could be made responsible for paying off their deceased father’s past debts in the present situation. This research article also aims to appraise the doctrine of pious obligation which is aid to be a biased doctrine as it only imposes the liability to pay-off past debts upon the son even though daughters have an equal right in property inheritance. Post the 2005 Amendment to the Hindu Succession Act, the doctrine has been abrogated but the obligation to repay the debts carried out before the amendment is still applicable. This research paper is aimed at exploring the irregularities with relevant case laws that led to its abolition and also aims at examining Daughter’s responsibility in paying-off past debts. The paper also highlights suggestions that can be adopted to reduce the wilful defaults arising post its abolition.
The secular fabric of the quasi federal statehood of India as enshrined and protected by the Constitution, has woven cultures, linguistic diversities and religious differences into one common shared united identity. However the utopian concept of unity in diversity as found in writings and speeches seem to hold little relevance when issues concerning religious fundamentalism and dogmatism get flared up by communal flames and the so cherished unity gets a backstage. The Court, as the room of legal adjudication and as the resort for a obligatory decision is reckoned for and the due process of law is thereby set in motion. What remains a mystical proposition is that how a technical verdict from the merits of a said dispute serves to solve it, either with the satisfaction of one party overpowering on the other, or with a general satisfaction and compromise slowly resolving the ‘lis’ in question. However, pragmatically evaluating, this is not the case always, as a verdict cannot satisfy the emotional claims that adverse parties contest while fighting a case in a court of law.Evidence is indeed one parameter, an altar of impartial discretion on which claims come to be tested and justified, and hence Indian Evidence Act,1872 is ‘ lex fori.’ With the procedural obligations unfurling in each case, evidence paves the way for adjudication, finally culminating in disposal of justice with a decision. Over the years and tracing the long path of jurisprudence, dynamic shifts have been observed in the application of Evidence Law itself. One such point that remains in the crux of our research paper is the rule of Expert Evidence, as enshrined under Section 45 of the Act. At this note, the researcher shall progress with the intricacies of the paper thereof. Having cited a background of secularism in India as a constitutionally enshrined principle, our research paper quite ironically has chosen the case of Ram Mandir or Babri Masjid or Ayodhya Land Dispute, stretching across centuries and obliterating the national integrity and brotherhood at the same time fanning communal flames in the country.
The pandemic has not only affected public wellbeing but also had a material impact on global economy. Businesses have shut down, thousands of workers have been laid off, supply chains have been disrupted, and consumer spending has plummeted. Companies had put the M&A deals on hold and set their priorities only on keeping the businesses running amid the pandemic. Nation-wide lockdowns and travel restrictions have hindered the process of due diligence, resulting in deals being cancelled or postponed. In this article, we will discuss how the corona virus crisis has impacted the M&A deal-making and how buyers and sellers can each adjust to the changed circumstances to minimize their exposure to the risks associated with the pandemic.
