In recent years, India has seen a meteoric rise in the field of digital payment. With the advent of technology, e-commerce behemoths are emerging, suggesting a huge increase in the adoption of digital currencies in the form of bitcoins. Bitcoin may be a game changer. The digital code is hidden in "data blocks," which can be mined by solving those data blocks. It enables transactions to be carried out in the non-centralized banking field. It was Satoshi Nakomoto who formed the company in 2009. This has resulted in a large amount of science being lost. But that is just a drop in the ocean; there is still a lot to discover. The current literature necessitates additional research in this field. During this method, the researcher reviews the available literature and establishes a structure for future study. Researcher’s effort is of summarizing the complexities of using bitcoins as well as its prospects.
Volume 3, Issue 5 / 2021
Articles · 55
This discourse is the critical analysis of the age-old legal manuscript of India, The Manusmriti or the Laws of Manu. This manuscript being the oldest law guiding India owes much to the significance of Indian Legal History so much so that it attributes to a lot of social structures in India especially the caste system. The researcher would critically analyse the direct contextual script of Manusmriti's gender bias and how it has been reflected in our social practices. As a consequence of it, many other laws which came to force at a later point of time had also imbibed in itself the shades of Manuspriti and the discrimination it upholds and this will be understood by the readers of this research paper. To lay it out more specific, the discriminative aspect of a women’s employment, liberty, property rights, marital obligations and political rights given in Manusmriti will be critically evaluated through this research work. Eventually, the researcher would also reflect upon how society gradually got rid of this ancient law and refrained from grave consequences. Thus, the evolution of gender equality through policymaking, governance and especially the law-making concerning the impact of Manusmriti could be understood. The researcher has would use the doctrinal research method for conducting this research work. Several articles, interviews, historical writings, the document of Manusmriti and a few constitutional assembly debates would be used to evolve this research paper.
Female genital cutting, often known as female genital mutilation (FGM), is a brutal practise that is not limited to Africa. In India, young girls as young as six and seven are routinely cut. Although the Indian government has repeatedly asserted that such practises do not exist in India, various studies and individual interviews have revealed that they do, particularly among the Dawoodi Bohra people group or the Bohra sects. This article discusses about the brutal practice in India and its legal aspects.
In India since historic times the socio- economic status of women has been a matter of great discussion. But with the passage of time people began to understand that women play a very vital role in the overall development of society, family, state as well as country. In the case of Assam, as we know Assam is well known for quality of tea. Assam is considered as the world's largest tea growing region. So, most of the workers are engaged in tea-estate as formal, semiformal, and in informal sector. In Assam women workers are the major labour source in various tea gardens of Assam. Women plays a significant role in the establishment of tea industry in the region. In this paper an attempt has been made to examine the socio- economic states of tea garden women and to suggest effective measures for the improvement of socio- economic condition of the women of the tea garden.
In this journal article, the authors will explore the development, proceedings, and final verdict of one of the most important cases in Indian maritime law history .The case involved Republic of Italy and Union of India fighting over for protection of two marine officers and later fighting for the rights of two ordinary fisherman who lost their live due to some mishappenings on the day of the incident, Involving various aspects of law and arbitration settlement ideas between the two nations. This incident occurred approximately 20.5 nautical miles off the coast of India's territorial boundary, where Enrica Lexie, an oil tanker vessel flying the Italian flag, committed the crime at sea. Following this incident, the two mariners were charged with various offences under the Indian Penal Code. The Republic of Italy stated that India had no jurisdiction over this matter and that they'd been violating the United Nations Convention on the Law of the Sea, which both countries had ratified, making them parties to the convention. The dispute has sparked heated debate in the Italian Republic and the Republic of India, as well as throughout the international community. India has always had friendly relations with Italy, but after the incident and the questions rose by both parties, the relationship became strained. The dispute arose in 2012 and was recently settled by an Arbitral Award issued by the Permanent Court of Arbitration (hereinafter PCA). The PCA established the Tribunal to conduct inter-state arbitration proceedings between the states. Between the two nations thus, the Arbitral Award is enforceable, final, and binding.
With an outdated set of rules and dysfunctional working practices, the World Trade Organization (WTO) finds itself in a “whatever it takes” moment. Geopolitical tensions and the COVID-19 crisis have exacerbated its problems. WTO rules were designed to regulate trade between private firms that only pursue profits. But China’s firms have been prospering using a corporate governance model in which policy objectives are mingled with purely commercial interests, compounding suspicions about the consistency of China’s economic policies with the spirit (if not the letter) of WTO rules. However, due to the COVID-19 crisis, Group of Seven (G7) governments — whose previous role in the economy was mostly that of ensuring the enforcement of contracts and the functioning of markets — now actively support the private sector with massive fiscal and monetary support. According to the International Monetary Fund, in 2020, rich countries’ fiscal support to the economy was, on average, about 24 percent of their GDP. On top of this, central banks’ massive monetary assistance has kept interest rates at record-low levels. In 2020, the Federal Reserve Bank’s balance sheet soared from 20 percent to 35 percent of the United States’ GDP, whereas the European Central Bank’s balance moved from 40 percent to 60 percent of the euro zone’s GDP.As a result, all governments (not just China’s) are actively involved in supporting private businesses. The WTO has a fortuitous opportunity to initiate discussions to update rules on state intervention in the economy. The most severe impact is seen at the global level where we are witnessing the trends in global trade which are way worse than the Great Depression of the 1930s and the Economic Crisis of 2008. At the macroeconomic level, the production and consumption patterns are on a downward spiral. A new paradigm shift is under process and there is a need to look at the defining aspects of globalisation and trade through the prism of COVID-19. Thus, the present paper discusses the challenges facing the WTO in a post-Covid era wherein its influence as the only global multilateral trade body is dwindling and offers suggestions/solutions for WTO Reform so as to stay relevant in the post-Covid world which will require a multi-faceted approach.
India is a democratic country and every citizen here has a right associated with him to put forward his ideas, viewpoints, and grievances. Freedom of Speech and Expression is one of the most prominent Fundamental Rights given by the Indian Constitution. Considering the massive progress in thought and expression of individuals, and the resultant manifestation in Indian laws, there is little or almost no need to have colonial provision of sedition. Even United Kingdom has scraped its sedition law with a message to the other countries to do so. But Indian Parliament have never ever attempted to remove this provision. Rather, The recent instance of invoking the sedition laws in various instances clearly shows that the government is applying this to curb the voices of dissent. The present work revisits the constituent assembly debates in relation to freedom of speech and expression, continued by the judicial trends in relation to the balance between freedom of speech and reasonable restrictions, thereby narrowing the scope of sedition. Further, some pre-independent sedition charges and some recent application of seditious charges has been mentioned to depict the manner as to how such provision has been proved to be sword in the hand of government to suppress dissent and hence, there is need to say bye bye to colonial sedition law.
This article seeks to show that the current understanding of judicial review is important in understanding the modern democracy. In this article, the author chooses to focus on specific language of judicial opinions to determine how judicial review is necessary in modern democracy.
The demand for a Uniform Civil Code goes as back in time as the demand for fundamental rights in colonial India. However, upon independence, the framers of the Indian constitution recognised religious freedoms in Part III whereas the Uniform Civil Code was placed in Part IV, thereby giving precedence to one over the other. In recent years, the demand for a common civil code rippled. In this light, the article analyses the impact such a code could have on minority religious groups.
The NCLT has the authority to take a variety of actions, including cancelling a company's registration and dissolving it. The Tribunal may also make members' liabilities or fees unlimited. NCLT is now allowed to hear complaints about firms being denied permission to move shares and stocks under sections 58 and 59 of the Act, which was formerly under the purview of the Company Law Board. The NCLT has the authority to order an investigation and may request assistance from judges, investigation bodies, and international governments. During an audit, they will even put a company's properties on hold. Under the Companies Act, the NCLAT is an appellate body that hears appeals from the NCLT. Under the IBC, 2016, it also hears appeals from the NCLT. In addition, it hears appeals from The Insolvency and Bankruptcy Board of India and the Competition Commission of India.
Although it has been seventy-four years since India gained independence, women’s rights to familial property have been very limited. The 2005 amendment to the Hindu Succession Act, accompanied by the judgements leading to Sharma v. Sharma have only been minor stepping stones towards achieving equality in matters pertaining to property rights. This case comment provides an insight into the historical discrimination faced by women by delving into the Hindu Succession Act, 1956, along with its subsequent amendment which brought about important constitutional questions about equality under Article 14. We look at three important judgements- Danamma Suman Surpur & Another v Amar & Others, Prakash & Ors. V. Phulavati & Ors, and Sharma v Sharma to show the trajectory of change that has taken place over the years to provide more inclusive laws with respect to inheritance. The aim of this paper is to elucidate the modifications that have taken place in the Hindu Succession Act over the years and the persisting challenges that it needs to address.
The law enacted in Indien in 1994 to simplify organ donation and transplants was named the Transplantation of Human Organ Law (THO). In general, brain death was regarded as a death type, making organ sales an offense to be punished. In addition to undertaking kidney transplantation, other solid organ transplantation such as the liver, heart, lungs and pancreas can also be started by accepting brain death. The August commissions developed a definition of a person's death point consistent with the legitimate purchase from cadavers of functioning essential organs. Some of the difficulties of the regulations on dead donors are investigated. A major supply of kidneys are living donors and legislation to safeguard them. The noble idea of altruism erodes financial incentives and other incentives to contribute, but should these be illegitimate? But the scarcity of organ remains an international problem that has to be dealt with at the highest possible level, even though medical, pharmacological and operative procedures have evolved. Medical ethics, religion and society's conduct and beliefs are included in this particular field. The organ trafficking, payments for organs and the delicate balance between the benefits to the receiver and potential damage to the donor and others are major ethical problems which demand violent action. Definition of death and especially brain death are a key problem in organ transplantation. The inherent inclination of a certain society to make organ donations is another important critical element. We shall address in the review below the several problems facing donating organs internationally, notably in Israel, and possible strategies for overcoming this problem.
As early as 1988, the UN Human Rights Committee, the treaty body charged with monitoring implementation of the International Covenant on Political and Civil Rights (ICCPR), recognised the need for data protection laws to safeguard the fundamental right to privacy recognised by Article 17 of the ICCPR. Even though the 21st century has witnessed a tremendous increase in the use of the internet and other related services the laws governing the same were not up to mark. With the world concentrating in the cybersphere, there has been a constant need for legislations that were bound to protect the virtual rights of a person. As people tend to spend more time in the virtual space information has been generated and stored in the form of data. Every activity we do in the digital sphere generates data, with or without our consent. Similarly, the generated data may be personal or non-personal data. Even with the huge amount of data being collected and processed there have been no specialized laws that focus on the protection of the data. The main question that arises in this regard is the nature of the data collected, the purpose for its collection, the duration for which the data is stored, which entities are provided access to the data, what is done with the data after the specified use and what are the measures in case of breach of these collected data. Countries have been trying to clarify the ambiguity surrounding them by proposing and implementing specialized laws that deal with the aspect of data protection. With the world witnessing a recent trend in the evolution of data protection laws, India has also taken the initiative to come into compliance with the global race by proposing legislation in accordance with the aspect of data privacy and protection. One of the major factor to be considered is the importance of consent in upholding the digital privacy of a person. There have been several complications revolving around the concept of consent and some of them have been taken into consideration for the purpose of this research.
For the past few years there is a mounting concern over the problem of atmospheric pollution in our country. The menace of air pollution is not limited only to the major or metropolitan cities anymore. Over the past decade, it has spread across various small cities and towns as well. In such a situation, it cannot be denied a key and important role of controlling Air Pollution is played by the National Green Tribunal as they are one of the official authorities to control this menace. This paper, in its limited scope, aims to assess the initiative taken up by the National Green Tribunal in keeping a check on air pollution till now and also addresses the obstructions before it in doing so. The author begins by discussing and analyzing some of the important provisions statutorily laid down in National Green Tribunal Act. The article continues by studying the role of National Green Tribunal in keeping a check on air pollution with the help of case laws. Further, the authors have identified the issues which act as an obstruction for the National Green Tribunal in achieving its goal of clean and pollution free atmosphere and also suggested ways in which those issues can be resolved.
Technological developments in the domain of outer space for the objective of investigating, comprehending, and using an extra-terrestrial environment is not new. However, due to the fact that these developments have become more of a private or commercial affair rather than a state-run endeavour, problems of Intellectual Property Rights controlling these innovations have just lately come into focus. The protection of one's innovation is paramount to one's success. The need for such precautions has expanded tremendously as the world recognizes the need of such protections.
Purpose- The purpose of this paper is to understand the applicability of clause of Force Majeure in India and how was it dealt by the country in pandemic times. The paper also examines laws of Singapore and drew a comparative analysis of Singapore and Indian laws. Research Implications- This research provides a preliminary understanding of applicability of force majeure clause in India as well as Singapore. It also examines the validity of contract in absence of force majeure clause and how it was useful in pandemic times. Findings – The clause of Force Majeure has played a crucial role in the contracts especially during the lockdown when it was impossible to honor the contract due to physical disabilities. The clause exempts parties to perform their duties till the situation is back to normal. It was found that it is very important to have the clause of Force Majeure in contract to take defense under this clause in both the countries. Originality/ Value- The paper presents a detailed analysis of Force Majeure clause and its applicability in India as well as Singapore. It also covers the validity of contract in pandemic times and how both countries dealt with the issue. The paper is based on various research papers, articles and journals which has helped to understand the different approaches of both countries in the prevailing pandemic times. As a result, whether a party may be excused from a contract because COVID-19 has been designated a pandemic is a fact-specific judgement that will be based on the nature of the party's responsibilities as well as the Contract's specific provisions.
According to Indian trademark law, a word or term cannot be generic or a common term in commerce, nor should it be recognizable by customers as being descriptive of the kind/quality/character/intended purpose of specific goods/services. Most abbreviations, on the other hand, would be regarded descriptive and non-distinctive because they are made up of generic/common trade jargon. When a trademark, such as ‘VIT' for Vitamins or ‘EV' for Electric Vehicles, is incapable of being identified with a single source, it becomes difficult to assert exclusive rights. In general, abbreviations, especially those with fewer than three letters, are not viewed as intrinsically distinctive unless it can be demonstrated with convincing proof that a mark has gained distinctiveness or a secondary meaning as a result of its widespread use. GE, HP, LG, and other well-known brands are examples. The lacuna therefore created by a fragile legal framework allows a guaranteed ambiguity to surround this field thereby allowing for multiple disputes to take place. India, in the 21st century, is currently witnessing a surge in the number of start-ups and aspiring enterprises and so requires a comprehensive legislation which will not invite perpetual conflict under its purview. The author, through this article, will aim to interpret the pronouncements delivered by Indian Courts in various landmark cases including KSRTC v. KSRTC. In addition, there will be a concerted effort to understand the role of Section 34 of the Trademarks Act, 1999, as a protection in disputes of such nature. Conclusively, a conspectus will be drawn with special focus on both the current problems and plausible futuristic solutions.
Starting from the very beginning of our existence, we have observed that sexual orientation of every living being is characterized in only two terms, them being, Femininity and Masculinity. Anything outside these two terms and dichotomous orientation was out rightly excluded, rejected or considered abnormal. And from time immemorial the people from Third Gender/Transgenders have been the sole representatives of the term “exclusion/excluded” from the society, owing to their different unique sexual identity. The fact that they exist in every cultural background, in spite of being a stigma and unnatural, is astonishing. To describe the Third Gender we can say that, these are the group of people that do not fall under the Gender Binary Category. In India, these people are considered to be “mistakes of nature” that require special therapies or attention to make them natural, to fit into the definition of the basic society. In a BBC News India Report of 2012, it was estimated that around 2.5 million LGBT People are found in India. The society in general or the people who believe likewise unanimously gives the heterosexuals the power to construct or mould the sexuality of other sexes, and it is because of this superiority and individual subjectivity that the Third Gender lacks the structural support possessed by the other sexes of the society. This societal exclusion should be considered heinous. This article would highlight the Social Construction of the Third Gender, and the various problems they face in order to survive in society. How they are constantly in a battle against the whole Cultural system, who constantly through different means try to subjugate their identity, be it by passing meaningless Bills claiming them to boost the concerned section of people, rather it has worsened their situation in reality.
The human rights challenges created by the use of online social media for political activism are the topic of this paper. Blogs, video, and social networking sites have all become important venues for political debate and organization, prompting retaliation from certain authoritarian nations. In an attempt to limit users' liberties, some authorities have implemented Internet blocking, filtering, or takedown procedures, as well as Internet monitoring (including mandatory data retention) or even shut down national networks. In many otherwise democratic countries, however, the employment of measures like blocking and monitoring still leaves a lot to be desired in terms of human rights. The body of principles that tries to guide legislation in Council of Europe member states is described. The European Convention on Human Rights (ECHR) and accompanying case law, which were designed primarily for the offline world; additional conventions and resolutions, such as the Council of Europe Convention on Cybercrime; and a developing set of Internet governance principles are among its origins. Our findings point to three areas where solutions are needed: What are the Violations on Human Rights, Is the amendment on Information Technology Act is sufficient enough to curb the violations?
The recent instance of wide misuse of sedition law against journalists and public activists has raised questions on the constitutionality and validity of such laws in the current period. Actually, Sedition law was once a protection used by the British to suppress the Indians. This article emphasizes on how sedition law affects fundamental right to freedom of speech and expression as enshrined under Article 19(1) (a) of the Indian Constitution. Although, some reasonable restrictions under Article 19 (2) support sedition law, such laws clearly abrogate fundamental rights. This article explains how the outdated sedition law affects our present democratic country. Corresponding to Sedition law, this article prove that the law in accompany with constitutional and administrative does not go together. It is necessary to do a detailed research on this topic to understand the relationship between two and how one affects the other.
The method in which mankind has interacted with Outer Space has undergone massive transformation, a transformation which the law governing the Outer Space has failed to keep up with. One such area is that of the Intellectual Property Regime, which is worrisome considering the rise of private companies interacting with Outer Space and Multinational Space Projects. Such projects and private companies come with the risk of a massive investment that deserves the protection of law. The purpose of this paper is to attempt to bridge this gap between the legal regime governing Intellectual Property Rights and the legal regime governing the interaction between humanity and Outer Space. The scope of this paper lies in understanding the changes in the manner in which mankind interacts with Outer Space, analysing the current interaction between laws governing Outer Space and Intellectual Property Rights, highlighting the major issues that plague the harmonization of both these legal regimes and providing a basic direction for some solutions to these problems. The purpose of this paper is not to solve these issues considering it would be an injustice to discuss said problems in one paper. These problems represent massive challenges to the law which need to be delved into on an individual scale. The purpose of this paper is to provide a basic direction in which research can be done to arrive at solutions to harmonize both the legal regimes.
Crowd funding is a method of acquiring project funding, by soliciting contributions from a large group of people typically via internet or through social networking websites like Facebook, Tumblr, LinkedIn, Twitter or crowd funding websites (Ketto, Kikstarter, GoFundMe, Crowdrise etc). The website platform acts as a mediator between the Project Initiator or Entrepreneur and crowd or investors in sourcing funds from the crowd at large. With the swift growth of the crowd funding industry, a number of associated risks also arise, which in turn have attracted the attention of securities regulators. The country presents itself as an ideal laboratory for crowd funding. It has a burgeoning but vibrant start-up culture that has spawned the growth of innovation and start-ups, which have constant funding needs. The Government too has played its part by introducing measures such as the “Start up India” initiative in January 2016 to create jobs and boost economic productivity through new businesses using modern technology. It is essential to formulate balanced crowd funding regulations in India that lower the cost of capital and increases liquidity while ensuring adequate investor protection and minimizing investment risks. SEBI proposed guidelines in 2014, via a ‘Consultation Paper on Crowd funding in India’ for crowd funding aimed at improving access to funds for start-ups and small-to-medium enterprises. This paper includes factors ascertaining the need for crowdfunding in India. There have been instances where the downfall of economy were witnessed which leads to the evolution of Crowdfunding in Indian markets. This paper would be dealing with the 2008 financial crisis and how it leads to justify the need of having crowdfunding mechanism in India. Likewise, it would be relevant to summarize the reasoning behind the happening of Sahara case and what all measures is necessary to take while raising fund from Investors. Further, the chapter would involve the risks and benefits for Equity Crowdfunding in India along with the possible structure of crowdfunding platforms.
This paper examines the need of a data protection law in this era of digitization especially after the commencement of the pandemic. Thus, by tracing the importance of privacy and data protection, we have placed the spotlight on the steps taken by the Indian Government in order to achieve the same. The paper emphasizes on the looming proposed Data Protection Bill, its impact on the Indian economy and the challenges regarding its implementation by the Government.
The essence of democracy lies in its representative capabilities which brings together the spirit of equality, liberty and justice together however, the adjudicators of the apex court are appointed on the basis of merit which is reflective of elitist democracy tendencies rather than representative one. The present paper takes into account, the two theories of democracy, the representative and elitist theories and its applicability in the apex Judicial set up. It explores the possibility of elections to the judicial posts wherein elections would be conducted for the meritorious candidates to the judicial posts in the Supreme Court of India which would factor in the true principles of democracy. In addition to this, the author has taken insights from the International Court of Justices and its means of electing its member judges.
Within the last 10 to 20 years technology development skyrocketed and with it, human lifestyles also changed. Dating someone is an old concept, now online dating is in trend. In this paper, we will look at the different perspectives of online dating and its legal obligations. The different aspects like pandemic which affected almost everything in the whole world, how it touched the dating apps and their users, teenager’s fantasies and different risks & laws and cases related to it. The paper shows the wide aspects which are generally missed by the users which leads them to a blind corner of extortion or harassment. It is not only the necessity of users to be vigilant but also the law enforcement authorities have to focus on these new emerging issues with new and advanced solutions with giving their fellow citizens a sense of security and safety.
Genetically modified crop is one of the most controversial inventions in the field of biotechnology across the world. Like any other invention it has certain advantages and disadvantages. The proponents contend that genetically modified crops have high yield, more nutrition, less use of herbicide, resistant to targeted pests and disease. The opponent alleges that GM crops have injurious effect on environment, human and animal health. GM seed causes farmers to lost seeds sovereignty. This propaganda in support and against the genetically modified crops creates either strong favour or opposition for genetically modified crops. In this article, an endeavour has been made to understand the concept of Agriculture Biotechnology and Genetically Modified crops, controversial ongoing debate on the impact of GM crops on ecological order, health of human beings and livestock, current global status, existing international and national regulatory framework and judicial approach. The article ends with critical evaluation of present regulatory structure and suggestions to adopt the precautionary principle which needs to be absorbed in the regulatory mechanism to derive maximum benefits from the GM crops.
DNA process could be a powerful new forensic technology that several argue is that the greatest tool within the history of forensic science. But as is usually the case for new technologies, its acknowledgement by society was not straightforward. Each person on the planet can be acclaimed polymorphism in the succession of his or her DNA, which he or she earn from his or her biological parents and is indistinguishable in each cell of the body. The utilization of DNA profiling in the criminal equity framework is a crucial issue in criminal specialists today. The innovation is changing profiling has been depicted as an effective achievement in criminological science. The forensic use of polymer identification could be a noteworthy commitment to associate degree innovation. This paper mainly focuses on presenting DNA profiling and DNA fingerprinting, one of the great discoveries of the late 20th century, has revolutionized forensic investigations. This paper shortly recapitulates thirty years of progress in forensic chemical compound analysis that helps to convict criminals, exculpate the wrong defendant, and determine victims of crime, disasters, and war. Also focuses on current normal ways supported short bike repeats (STRs) moreover as lineage markers (Y body, mitochondrial DNA) area unit lined and applications area unit illustrated by welfare work examples. The constitutional validity of DNA test has been challenged in many instances as it violates right to life, right to privacy, etc has been discussed in the paper and how DNA can be misused and the situation in India and other countries. At last but not the least, Benefits and risks of expanding forensic DNA databases are discussed and what the future holds for forensic DNA fingerprinting.
The copyright basically means to protect the rights of the creator of the artistic work. It protects the right of the inventor. The new era of digitalization and through internet the infringement of copyright laws have become more and more common. People find it easier to copy and paste just to fulfill their task without realizing that they are cheating on. The copying one’s own research is not looked up as a crime until it is brought into the eyes of law. The reason behind copyright infringement has become an easy task is ‘Google it’ culture. Everyone believes that what is being shown by the websites is meant for the free work to copy paste without realizing that it might be the result of someone’s hard work. This paper aims to provide the critical analysis of the copy right laws and highlight the grey areas where more development or stringent laws are required as per the analysis of the research outcome.
The rights of women are among the most talked about and debated issues across the world. Religion and patriarchy are often considered to be the most common causes of gender inequality in our society. The right to own property is a crucial requirement for the integration of a woman into a country’s economy. It also empowers the women and allows them to break away from any limitations imposed upon them and get income and economic security. Islam is based upon the principles of Tawhid or the unification of god, Risalah or the message of Muhammad, Adl or justice and Muswat or equality. However, it has been noted across various Muslim societies, that women have been not allowed to inherit property after the death of their parents. This mostly happens as a result of a lack of proper Islamic teachings and the non-implementation of the laws related to the inheritance rights of a Muslim women. Islam has always given women a very dignified and respected position in society. Both the genders are considered to be equal in relation to the laws of inheritance and no special treatment is given to either of the genders. In Islam, succession is based upon the principle of a double share to a man and a single share to the woman. However, while these laws place certain restrictions upon a woman’s right to inherit, it imposes equality in a woman’s capacity to own, run and dispose off property. Muslim women enjoyed various kinds of property rights, centuries before the women who were born into countries which are considered to be the gold standard of equality today. Furthermore, Muslim women enjoy various other rights which are not given to the men of their community.
Equitable access to safe and effective vaccines is critical to ending the Covid 19 pandemic, so it is hugely encouraging to see many vaccines proving and going into development. Equitable access to safe and effective vaccines is critical to ending the Covid 19 pandemic, so it is hugely encouraging to see so many vaccines proving and going into development. Safe and effective vaccines are a game changing tool, but for the foreseeable future we must continue wearing masks, cleaning our hands, ensuring good ventilation indoors, physically distancing and avoiding crowds. Being vaccinated does not mean that we can throw caution to the wind and put ourselves and others at risk, particularly because research is still ongoing into how much vaccines protect not only against disease but also against infection and transmission. But its not vaccines that will stop the pandemic, its vaccination. We must ensure fair and equitable access to vaccines, and ensure every country receives them and can roll them out to protect their people, starting with the most vulnerable.
Our nation is known for its democracy and its rich culture, but it is very depressing that the developing country just like India has no qualified and specific legislation for the rights of prisoners, this fact cannot be rejected that our honorable judiciary has not ignored the personals and recognize various rights for them through their judgments and interpretations. Moreover, the rights related to prisoners experienced a drastic change during the past decades as an increased consciousness about the desperate need of Prison Reform on the people. A prisoner is an individual who is restrained to enjoy his liberty and capture under the prison or detention as a punishment for crime. Being a convict or being under trial does not reject the need for human rights for the survival and protection of life. Through my paper I would like to explain about the various constitutional legal frameworks that India provides to safeguard the interests and rights of prisoners and elucidates the various executive and judicial guidelines issued from time to time with respect to needs and care of prisoners. Even though, are several international legal instruments that have contributed immensely to the progressive development of human rights of prisoners, my paper conveys available instruments and compares them with laws prevailing in India for providing protections to maintain their human rights and legal rights. The final part of paper submits various suggestions to refine the prevailing status of prisoners in India to acquaint them with the rights that they deserve as humans.
Global warming and climate change are linked to an increase in global average temperatures. The rise in average international temperatures is said to be caused by national events and human activities. Increases in "greenhouse" gases such as carbonic acid gas, CH4, N2O, and CFCs are generally to blame. Climate change has an impact on all parts of the globe. The polar ice barriers are melting, and the ocean is rising as a result. Extreme weather and rain are becoming more prevalent in some areas, while others are experiencing droughts and increased waves of extreme heat. These impacts are expected to intensify among the approaching decades. Heating is projected to possess a range of effects on the oceans. These effects are projected to become more pronounced in the next decades. The oceans are expected to be affected in a variety of ways as a result of global warming. Rising ocean levels as a result of thermal development and melting of glaciers and ice sheets, as well as warming of the ocean surface, which results in higher temperature stratification, are ongoing effects. Another effect is altered ecosystems and habitats. As climatic patterns chop-chop shift, habitats on land and in the ocean are constantly shifting, making many species uncomfortable, while others move in and take over. In some situations, the entire strategy may be in jeopardy. Polar Bears may become extinct in the wild. If global warming continues at its current rate, the polar bear may become extinct in the wild. The animal is enamored with the ocean ice and uses it as a floating platform to gather prey. According to the consultants, the Arctic Ocean ice is melting at a rate of 11% each decade, putting the polar bear's ecosystem and existence in jeopardy.
Data protection as we all know is the most sensitive issue not only in India but across the world. India, is one of the largest country with world’s largest democracies, but there still is no single legislation in the country which specifically speaks about the data protection and its privacy. In the year of 2018, a new draft of Personal Data protection was introduced in the Indian parliament. The surveillance activity across the country has increased vividly because of cross border terrorisation and terrorist threats which has impacted the entire world. The surveillance activities are also a threat to privacy of the citizens and there has been certain cases where data is leaked. As the Indian government with the help of private sector set up their digital infrastructure and has extended a large number of internet services, issues of digital rights, data ownership and privacy protection. One of the landmark cases of data protection and privacy The Right to Privacy is a concept which is multidimensional in nature and is most recognized in the modern society in both the eye of the law as well as in common parlance. Talking with regard to Indian Constitution, Article 21 , which protects the right to privacy and promotes the dignity of the individual in the recent years has grown at a very significant level. With the advent increase and development of digitization, it has become very much important to protect and safeguard the right and data of the citizens and their privacy and this research paper tries to shed some light on the same topic with the chapterisation process which is further divided into two parts.
Any electronic module produces Data that can be used as evidence in a cybercrime, security alert, or cyber-attack, yet data collection, administration, and preservation are routinely neglected. In the legal area, once information is received from devices, it is critical to keep it safe and secure from the moment it is obtained until the prosecution or inquiry is over. Digital evidence preservation is critical when determining its legality in a current trial, a future trial, an appeal, or as a repository of historical information. This study analyses concept, related projects, technologies, and legal support in digital preservation in criminal investigation institutions. A framework to maintain digital information, respect the dignity, therefore boosting acceptability, and supplemented by long-term preservation methods is the inspiration with this paper.
Advocacy is a noble job, and an advocate plays a crucial role in the system of delivering justice and also holds great reverence and respect in the society. Professional misconduct is the behaviour that goes beyond what the governing body of a profession considers appropriate or worthy of membership. Disgraceful or dishonourable behaviour unbecoming of an advocate is referred to as professional misconduct.In general, the legal profession is not a trade or a business; rather, it is a gracious, dignified, and uncontaminated society vocation. Members in this profession should not encourage deception or corruption, but rather work to ensure that their clients receive justice. The way individuals of the profession conduct themselves determines the profession's credibility and reputation. It's a representation of a positive relationship between the Bar and the Bench. This is a case of professional misconduct, and it demonstrates that an advocate's wrongdoing should not be treated lightly because advocacy is such a noble profession, and it should not be degraded by the professional misconduct and unethical practises. In this case Sardul Singh v. Pritham Singh and Others, the main question was to decide whether was a professional misconduct and to decide whether the working of the respondent during the suspension period was an offence or not and also to determine the quantum of punishment was satisfactory or not?
You do not take a person who, for years, has been hobbled by chains and liberate him, bring him up to the starting line of a race and then say, 'you are free to compete with all the others,' and still justly believe that you have been completely fair. In the light of this statement, the article is going to discuss the type of equalities that have emerged in two totally different countries and how socio-economic factors have played important role in such differentiation of equalities.
Seventy-four years after Independence, the time has come for us to seriously ask whether the law of sedition in India needs to be reconsidered. According to the National Crime Records Bureau, in 2019, only 3.3% of sedition cases culminated in a conviction. This conviction rate is negligible in contrast to other offences under the Indian Penal Code (IPC) like murder (41.9%) and cheating (22.8%). The number of sedition cases registered is microscopic – in 2019, there were only 229 such cases pending investigation as against 2.84 lakh cases of forgery, cheating and fraud. However, the fear that the police might arrest you on trumped up charges of sedition if you criticize the government serves as a serious fetter on the fundamental right to free speech and expression. In 2019, some 96 people were arrested for sedition, many of whom might have been opponents of the government and, statistically speaking, most of whom will eventually be acquitted. Parliamentarians must consider some pressing amendments to the sedition law. Supreme Court sends strong message to government.
With the ever-changing and evolving tech world, Blockchain-enabled Smart Contracts are making breakthroughs daily. DLT are essentially “trust-less” and has demonstrated the potential for transforming the existing systems. Important problems regarding its validity and legality are still unsolved, hindering its progress. The reason ascribed to these complexities is the reluctance of the legal regime to regulate and transcend the limits of the conventional Contracts. Thus, it is essential to understand the technologies tremendous potential and its functions from a legal perspective, further, only an effective regulation can boost its adoption. Smart contracts provide a promising solution to the current real estate industry that is plagued with problems. Its implementation requires certain regulatory amendments to conform to the current laws. This article thus discusses the potential use and limitations of smart contracts in the real estate sector and suggests that the adoption of this technology does not wither away the intermediaries and causes minimum disruption to the existing traditional system.
The ongoing COVID-19 pandemic has further highlighted the important role that scientists and pharmaceutical companies play in our everyday lives. Now more than ever, their production capacity, expertise and supply chain are key factors in determining the rate of inoculation and supply of other vital drugs to the general populace. With all the spotlight and pressure on the pharmaceutical companies, it was only natural that the issue of compulsory licensing was raised again in order to bypass Intellectual Property protections and to make the medicines and vaccines more affordable for people and governments alike. The demands do have some merit considering the recent cases of predatory pricing, alleged collusion and instances of controlling production to drive up prices. This short article, however, advocates against the usage of compulsory licensing regime as a tool in order to tackle the pandemic as it can have serious repercussions. It also suggests approaches that should be taken instead to better handle the current public health crisis at hand.
The disappointment of people over the delay in indulgence of justice gives a great threat to the confidence of people in the justice system of the country. It is the constitutional responsibility of the judiciary to exercise its jurisdiction to reiterate the faith of the people in the judicial setup. The concept of alternative dispute resolution has introduced a new mechanism of dispute resolution. The object of ADR is to resolve all kinds of disputes out-side the traditional system of court proceedings. It aims to reduce the cost of litigation, providing fair resolution on time and to maintain harmonious commercial relationships. The Paper highlights the methods of dispute resolution and advent of ADR in India. It suggests the loopholes in the justice delivery system. It analytically discusses indispensable methods of dispute resolution in the modern scenario.
Three disputed laws that will change the way farmers of India do business have instigated one of India's biggest protests and a months-long standoff with the government. The disputed acts and their effect on the farmers, precisely the small and marginal farmers, will be the focal point of this paper that will be analysed in-depth and closely scrutinized. The reason for keeping the focus on small farmers is that approximately 84% of the total farmers lie in this category and they contribute to about 60% of the total crop production but who however, do not earn enough to run their households. The agricultural sector, being one of the highest contributors to the country’s GDP holds utmost importance. The bills, which have now been passed by the parliament to become an act, is seeing a stiff retaliation against it from the farmers of the country. It has now escalated from being a local protest to an international agenda of farmers rights and well-being. One of the major grounds of the protest is the farmers being of the opinion that the MSP (minimum support price) system will eventually be scrapped and the produce will be on the mercy of the open market. The segment who will be most affected by these changes will be the small and marginal farmers who own less than 2 hectares (4.9 acres) of land and who form the majority of the Indian farming community. We have tried to highlight the positive and negative aspects of the acts through this paper by extensive analysis for which various methods of interpretation and several doctrines of laws were applied.
Man was not a civilized being in the beginning. He was unruly and rough. As civilisations grew, man transformed into a cultured being. The metamorphosis of human civilisations gave birth to the concept of law to regulate his activities. With the plethora of changes, differences and innovations, the world in itself transformed. With the world changing itself into the current modern-day society, countless changes in law have taken place. However, one question that poses in everybody’s mind is the effectiveness of the same. The current criminal procedure system faces large criticism from a lot of people. With the number of increasing sexual offences, it is imperative to bring in a better system to correctly handle it. Brutality of sexual offences is something that emotionally affects the society. When justice is delayed, the affected citizens become disappointed with the system and take matters into their own hands. The hope which people had on the system is being tarnished and it is destroying the law and order of the state. People have started violent methods for justice as they are getting impatient with the delay in the system. This could seriously affect the existence and functioning of the state machineries. The delay in executing law which was brought to regulate the citizens, is turning them against the system. Through this paper, we intend to analyse the reasons behind the delay in delivering justice to the victims of sexual offences. The system by itself is great and tries to incorporate all the fundamental principles of law. But the delay in the procedure makes the victim or aggrieved who is deprived of their rights so impatient that there is a widespread support for public execution of the convicts and violent punishments. It is high time we think about the ways to improve the criminal procedure system in order to enhance speedy delivery of justice. We are trying to examine the possibility of implementing an alternative criminal procedure by analysing the effectiveness of various international systems in delivering justice.
Historically speaking companies in India have undermined the interests of shareholders over that of the promoters. Due to the impetus given by the Companies Act, 2013 and the SEBI (Listing Obligations and Disclosure Requirements) Regulations 2015, shareholder activism gained some momentum in India. Moreover the advent of Proxy Advisory Firms (PAFs) have greatly contributed to shareholder activism. The author through this article has focused on the statutory provisions empowering the concept of shareholder activism in India as well as the role of PAFs.
The outbreak of the novel Coronavirus has posed serious introspection to many aspects of our life. It has also had a debilitating effect on the health and economy in the global and individual scale. It poses a big cruncher question on the state in which today’s public healthcare system stands in defying the odds put in by the pandemic. The epidemic has also cast light on the disparities and obscurities that are present in today’s public healthcare system not only in the national but international level also. With a middle income country like India, having vast population and considering the changes brought into this sector by reforms in recent years, it is axiomatic that achieving universal health care will not be a mirage anymore if for further effective improvements being under taken in this sector. The article gives a retrospective glimpse into the state of public healthcare in India with respect to the global level and also touches on the aspect of how certain countries efficiently tackled the first phase of COVID-19 with their public health care systems. It further articulates the imminent steps and measures India has taken in its battle against COVID-19 in the national and state level as well as the legislations that acted as a panacea in resolving the pandemic.
The investment in the renewable energy sector has tremendously increased across the globe in the last decade. The rise in solar and wind energy build-up assets since 2012 has brought in light the potential of India to attract investment in the clean energy technologies. The increasing figures of cash flow may not simply imply that the growth trajectory shall not be interrupted. Since the clean energy technologies involves commensuration of risk and funds at right stage of the project, the flow of funds at correct time and in appropriate mode is a significant decision. As the trends indicate, private investors are hesitant of investing in the early stage of the project. While the project becomes operational the uncertain nature of investment modes results in reduced return on investment and thereby discouraging a continuous investment renewal in the sector. This resistance comes ahead of regulatory and financial constraints. This research work aims to study the viability of the Alternate Investment Fund (AIF) options for private investors in the clean energy technology and infrastructure. The work also proposes to highlight the policy concerns in the capital and securities market for specifically upcoming investors in the energy sector. To channelize the multilateral power trading network as a solution to high figures of losses in Generation and transmission sector, we need to engage in a multi-pronged discussion on the modes of investment. Investment decision thus involves consideration of risks associated and the policies governing these modes. Both foreign and domestic venture capital funds have been on rise post 2005 and thereby, SEBI has brought forward regulations to incentivize the private sector investors. This research work tries to carve out the role of SEBI to foster long term efficient investment goals in this area. The scope of this work is limited to the private equity prospects in the renewable energy infrastructural development.
Violence against women within the family has become a contemporary issue in the present world. Since time immemorial, penal provisions have been moulded, shelters and treatment programs have been launched, and documentaries and movies have been made on this issue to generate awareness and aid the victims in the society. But still today, our society is not free to discuss sexual relations in daylight. This hush-up attitude of the society towards the discourse of sexuality has also resulted in veiling of the act of sexual violence towards wives, and children as they are considered as private issue and the social notion of family value system is based upon it. Across the world and especially in the Indian society, the strict patriarchal family code coupled with religious belief of husband being regarded next to God has been nurtured since ages in such an way in the conjugal bond that most married women think that it as their prime duty to serve all sexual needs of their husbands and it is okay to be abused by their husband without their fault. This paper tries to explore the dilemma faced by women in Islamic society, trying to raise their voice against rape masqueraded in name of religion. It further explores the legal remedies available to such victims in India.
It is often asserted that a formal constitution does not necessitate judicial review over primary legislation. Rather, a country may conceive of other mechanisms to protect the constitution from intrusion by the regular political bodies. The question arises whether the reverse holds true. Can we envision a country that exercises judicial review over primary legislation yet lacks a formal constitution? Surprisingly, The concept of the Judicial review was first noticed in the case of Marbury v. Madison in 1803 by Chief Justice Marshall. In India, the idea was checked not by a specific case but rather as a progression of constitutional amendments which are very rigid in nature. This paper focuses on the Indian constitutional experience during its founding period and also its development along the chronological timeline. It further explains the unique revolutionary role performed by the Supreme Court of India in order to provide decisions in cases where legislations and amendments passed by the Parliament are challenged. Using India as a case study within a comparative constitutional framework, the article offers some important segments: First, it explains how judicial review was first introduced and from where the idea was originally incorporated. Second, a complete view over judicial review is being provided along with case laws to understand the concept more precisely including the concerned constitutional provisions. Thirdly, the grounds have been highlighted where judicial review is challenging the sovereignty of the Parliament in India. And last but not the least, a discussion has been drawn regarding the legitimate use of this special authority of the Supreme Court so that it remains a constitutional tool and not a machinery to serve the personal agenda of the Judiciary.
The study researched and used qualitative research to examine the effects of bomb blast on survivors' experience as how he was affected socio economically and psychologically. Results showed that although the event may have taken several years, its effects had yet to wear off on the participants. Those who have survived nonetheless bear scars that serve as constant reminders of their tragedy. They are tormented by psychological issues which, in comparison with the problems and pains due to physical damage, are often harder to deal with for them. The majority of the participants said they had frequent stress-related psychological symptoms, as well as additional symptoms like melancholy, depression, anxiety, impatience, loss of focus in daily tasks, nightmares, and incident flashbacks. Survivors of terrorist bombings have also suffered major long-term socio-economic consequences, including unemployment, concern about their children's schooling, and deteriorating health. In addition, poor government support and insufficient rehabilitative help, together with decreasing social-economic status, are one of the most important challenges facing this group of survivors, who have to be dealt with immediately and appropriately. For individuals, families, children and big groups of survivors and respondents, special strategies are described. Finally, we address how specialists of mental health might be important consultants in community recovery efforts.
The concept of Euthanasia or mercy killing majorly lies on the rationality of humanism and empathy due to which it has always been a matter of argument in the field of law and medicine. It was recently that the legalization of passive Euthanasia was considered to be upheld in Aruna Ramchandra Shanbaug v. Union of India as one of the historic judgements laid down by the Supreme Court of India although specific conditions were laid down for the same to be carried out. It was also observed, that the right to life includes right to live with dignity which also includes the right to die with human dignity. However, the fact that whether or not this remedy available is to be seen as an offence or defence against human life arises. In this paper, an analysis regarding the position of law on euthanasia before and after its legalization will be observed by the author along with a significant focus on three key issues. Firstly, it will examine the current position of the Euthanasian laws in India. Secondly, it will analyse if whether or not any form of euthanasia would amount culpable homicide under Section 304 of the IPC or attempt to suicide under Section 309 and the reason for non- recognition of active form of euthanasia in India. Thirdly, the need for a legislation legalizing passive euthanasia in order to provide greater emphasis on the subject in the light of the role played by the judiciary in India.
The role of judiciary is very significant in providing social justice to the workers by the eminent judges. The strength of a Trade Union depends on the bargaining power but not of its membership. The Industrial Disputes Act, 1947 seeks to achieve social justice on the basis of collective bargaining. The International Labour Organization has set up international standards for labour matters including dispute settlement. But in practice, collective bargaining in India failed as a method of settlement which has led to large scale of dependence on compulsory adjudication. In other works, preference to adjudication indicates the weakness of collective bargaining. Therefore, it is the duty of the Trade Unions to function as collective bargaining agents to bring about good employer-employee relationship and thus improve the economic and social conditions of workers.
In India law of torts is one of the most ignorant branches of law. The reason behind is the absence of codified law of torts in India. We have evolved the law of torts in many ways but we are still not able to give it a shape of concrete and codified law. Law of torts is basically a civil wrong, where unliquidated damages(compensation) are given if any legal injury occurs. But, due to uncodified law of torts, tortious litigations are very low in number in India, people are not aware about this civil remedy and injured persons are not adequately compensated. History have witnessed many misfortunes and tragic incidents which have badly affected the lives of people, for example, Bhopal gas tragedy, Uphar cinema hall tragedy, Vizag gas leak tragedy, etc. In all these cases victims had to fight a very long battle for the justice but still many claims are unheard and many people are not adequately compensated. We have many codified laws like IPC, CRPC, CPC etc., in India, and we have seen the effectiveness of these codified laws, then why can’t we have codified law of torts in India?
Advocates have never had a straightforward career. While getting a degree seems to be a challenging task, an advocate only knows the true hardships of this profession once they have enrolled. Litigators and their families often face harassment from their clients as well as opposition parties. They are badgered by their clients for not ‘winning’ their case, and they are also troubled by the opposition parties who want to stop them from moving forward with the case. On paper, this matter seems trivial, but as we delve into particular instances, it comes to light that advocates do face grave danger on a day-to-day basis. It is for this the Advocates (Protection) Bill, 2021 was proposed. This bill has not been brought into effect yet (As of 13th October 2021) and this paper aims to discuss the possible benefits it will have on society.
Software patents are known to be a comparatively newer concept and due to their generally unfamiliar nature, they have proved to be quite gruelling and arduous in their examination. With the advent of the digital era, thousands of software patent applications reached the Indian Patent Office but their examination has proved to be immensely challenging due to the inconsistency in the Indian Patent law regime and also because of the restricted volume of precedents surrounding software patents. There have been ceaseless debates encircling the term ‘per se’ in S. 3(k) of the Patents Act, 1960 with respect to patent-eligible and patent-ineligible subject-matters. With the Ferid Allani order of 2020 by the IPAB, there was a remarkable shift in the method of examination of Computer Related Inventions. The order is noteworthy because the High Court of Delhi directed the IPO to examine the invention based on its ‘technical advantages’ and ‘technical efficiency’ rather than focusing on the form. This judgement however, doesn’t come without any drawbacks. This article focuses on the unpredictability of the Indian Patent law regime and the Guidelines on Computer related inventions coupled with the complicated nature of software inventions. The article in its latter portion attempts to analyze the order by the IPAB to understand what its possible consequences could be on future patent applications related to software inventions and on what aspects both the IPAB and the High Court could have been more elaborate.
This research paper conceptualizes the aspects relating to the conditions of the vulnerable section of the society that is the incarcerated or the prisoners, having no access to the external world or their family amidst the chaos of Covid-19. This research paper also includes the approaches, method and measures taken by some of the countries that had been drastically struck by Covid-19 such as India, The United Kingdom, Italy and The United States of America. The incarcerated were isolated for the majority of the day unable to communicate with fellow inmates or the external world which under normal circumstances would be available to them. The Right to Healthcare has also been discussed forthwith, this right is not only pertaining to the citizen but also to the incarcerated or the prisoners irrespective of the crime committed. However, it has been noticed that most of the countries were unable to provide access to basic Healthcare to the prisoners during Covid-19 which defeats the provisions of Right to Healthcare which has not only been enumerated under the National Laws of different countries but also under the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). These international treaties have provided a dignity to prisoners and that they too have rights even if their liberty is restricted while being in custody. The ICCPR specifically provides that “all persons deprived of their liberty should be treated with humanity and with respect for the inherent dignity of the human person”.
Technology is considered as an leverage for growth in underdeveloped nations. The growth of IT has a broad potential in many areas of social development. In particular, IT has brought a general change and growth in any developing country. In the 21st century, poor nations need to concentrate on 6C IT – i.e. computer density, communications, connections, cyber legislation, costing, and common sense. The ICT is playing an increasingly important role in enabling effective governance and regional development. The term ICT includes all types of computer systems, telecommunications and networking systems. In brief, it's a digital method to collect, analyse, store and transfer data (Duncombe, and Heeks, 1999). Michiels & Van Crowder (2001) described ICTs as a spectrum of adaptive, flexible, organisational and socially transformable electronic technologies when convergent to a new configuration. Nowadays ICT may be found in computer or other digital technology as well as in all its applications and variations, such as Internet, mobile devices, computers and other new technologies such as electronic commerce, e-banks, telecommunications and digital applications. In recent years, the use of ICT’s to promote good democratic accountability and rural social development of the country, generally underneath the banner of e-government, has been a practise that has received considerable attention. These technological innovations, supported by Internet connectivity, have only recently become available for mass applications, offering the potential to raise public administration efficiency and enhance communication between government and public authorities. For some time now, ICT’s have played a significant role in sparsely populated development efforts, particularly as it relates to raising living standards in rural areas. ICT’s have garnered significant attention at present in the quest of effective governance and rural development. Because ICT’s are efficient and productive instruments, they are now an instrument of good governance and management in many nations. This study aims at analysing the impact of ICT in the Indian context as an instrument for democratic accountability and rural development. The aim was also to highlight some of the ICT facilities necessary for good governance and rural development as well as to propose a policy framework that would encourage recommended method for rural development in India. This research paper aims for identifying ICT resources possible role and usefulness in good governance.