According to Halsbury, arbitration is the referral of a disagreement or difference between at least two parties for resolution by a person or individuals other than a court with competent jurisdiction, after hearing both sides in a judicial fashion. Varied countries' domestic laws take different approaches to how much adjudication power can be entrusted in tribunals that operate outside of the state's monopoly on justice administration. This is mirrored in different jurisdictions' opinions on the permissibility and scope of domestic judicial intervention in international commercial arbitrations. In terms of its power of intervention, the Indian judiciary has taken an expansive approach. There are millions of cases waiting in Indian courts. The Arbitration was established to relieve the courts of their burden. Arbitration is a quick, cost-effective, and time-efficient means of resolving a dispute. Arbitration law is based on the notion of removing a dispute from the usual courts and allowing the parties to choose a domestic body to resolve it.
Volume 3, Issue 6 / 2021
Articles · 50
Justice delayed is Justice denied. Every person has a constitutional mandate to get speedy and fair justice under our legal system. This has been made possible by our parliament through the enactment of Legal Services Authorities Act, 1987 which incorporates Lok Adalat in India which is the most appropriate mechanism of ADR [Alternative Dispute Resolution]. This research paper focuses on the nature of Lok Adalats, its functioning, merits and demerits. This mechanism was established to lighten the burden on the Indian judiciary. It is basically a forum which is established to make justice accessible and affordable to all. Further this paper focuses on the critical analysis of Lok Adalat followed by suggestions to implement to improve the functioning of Lok adalat. As a tool of ADR, Lok Adalat is a combination of all the techniques of ADR. Settlement of disputes is a major requirement in the society which promotes harmonious development hence the main aim of Lok Adalat is to provide free legal aid to the weaker sections of the society so that they are not barred by court fee or any obstacle on their way to justice.
The penetration of Artificial Intelligence into workplaces across industries will have significant implications on the labour and employment market. The introduction of AI systems by employers may lead to displacement of human labour, and concerns about duties of employers to provide prior notice, exercise reasonable restraint and provide alternative employment. Even with the co-existence of human and ‘robotic’ or machine labour, it is expected that there will be revolutionary changes in employer-employee relationships with changes in the functioning of Trade Unions and the modes of collective bargaining. Concerns about employees’ privacy and the employment of AI systems for recruitment or surveillance have also remained a contentious issue, and without adequate regulation, may cause arbitrary invasions into privacy. This article briefly discusses the implications of artificial intelligence on labour and employment law and proposes specific and concrete amendments to enable a smooth transition into an AI-enabled workplace. It proposes changes to the definition of employer and employee and the addition of a proviso to ensure that there is human command and oversight over the collective bargaining process. Further, it proposes the introduction of provisions to safeguard employees against arbitrary dismissal on technological grounds and the imposition of a duty of restraint on the employer. It also proposes legislative reforms governing the use of AI systems in recruitment by employers, in consonance with contemporary developments in other jurisdictions.
Through the course of this paper, I seek to enquire whether the Baha’i religion’s chief prophecy, gender-justice and equality is reflected in the Laws of Inheritance enumerated within the holy book, Kitab-I-Aqdas. This shall be achieved by citing the commandments and critiquing them comparatively using the other commandments itself, and taking the help of scholarly-articles about the same subject. The congruency between the commandments is analysed and contrasted with Islamic provisions, for better comprehension of the gender-unjust inheritance laws’ justifiability. The paper concludes by discussing the applicability of these provisions and comments on the situation of the Baha’i community globally.
The debt recovery tribunals were set up in the early 90s it was attempt to create a more creditor friendly environment. aim of this Article paper is firstly, to study the functioning of the Debt Recovery Tribunals and secondly, to analyse the laws of the Debt Recovery Tribunals in India.
The notion of social security is founded on the principles of social justice and fundamental human rights to a fair standard of living. Social security is founded on the notion that certain people in the society cannot afford to deal with certain fundamental economic hazards on their own, and that there will always be individuals whose own resources and efforts fall short of meeting their basic necessities. Among those people, “women” are one of them. This research paper examines the original Islamic viewpoint and judicial attitude on Muslim women’s social security. Islam gives women social security in the form of Maher, Maintenance and share of Inheritance. Under Muslim Law, a woman has the unfettered right to Maher, maintenance, and share the Inheritance. This study examine and determine the actual position of Muslim women and the extent to which she is protected under Islamic law. The paper highlight the current societal situation and what Quranic ordains exist on women’s social security, notably Maher, Maintenance, and Inheritance. With this in mind, a review of major judgments in the areas of Maher and maintenance, all of which are connected to Muslim women’s social security, has been made.
Connected automated vehicles which are widely known as CAVs are the vehicles which are driven by itself without a human intervention. They are connected in a sense that they are fitted in to sensors that can communicate with either internet of things sensors that might be embedded on the infrastructure or speak to other digital systems in other vehicles or other remote systems. In future this is going to be a revolution for a driverless mode of transport. Many countries are competing in the race of getting a CAV to their country. In this race United Kingdom is one of the biggest competitors to bring a CAV in to a reality. Policy makers and technology experts are working hand in hand to get CAVs as soon as possible. In this article, in the first chapter we will be discussing about the overview of the legal framework of self-driven cars in the UK, in the second chapter, we will be discussing the proposals the law commissions. In the third chapter we will do a brief analysis of the proposals, its Advantages and disadvantages. In the fourth chapter I would like to talk about the future of CAVs in UK. In the last chapter I would like to conclude by giving some observations and suggestions for the CAVs in UK. The aim of the article is to analyse the regulatory framework given to CAVs in UK and provide suggestions to loopholes present in the proposals of the law commission in UK.
Dowry is in commonly practiced custom in India. However, it is not legal and it is been prohibited under various Indian laws such as Indian Penal Code, Criminal Procedure Code, Indian Evidence Act. There is a complete whole law pertaining to the prohibition of dowry called Dowry Prohibition Act, 1961. However all the laws appear to be unsuccessful in fulfilling its objective as it is still practiced in our country. Behind every issue there is always some causes attached. It is the same with the Dowry system, various factors of the society and system lead to raise the demand of dowry and this ultimately results into Dowry Death. None can be blamed particularly for the continuance of this system because the lacunas are on the part of all, beginning from the statute itself to its enforcement. Also, it is not followed only by particular religion, instead it is practiced in more than one religion by one or the other name. The paper attempts to highlight the factors, causes, laws pertaining to the dowry system. Along with that it also discusses the stand of judiciary pertaining to the issue with the help of case laws.
There seems to exist a lacuna in terms of patenting of genetically modified crops or plants. This came to light after the decision by the Indian Judiciary in the Monsanto Case. Hybridisation was the principal approach employed by farmers and cultivators, till a few decades ago, around the world to obtain desired output from plants with specified desirable characteristics. However, this approach can only be employed when the plants involved are of the same species or are quite closely related, not to mention the time it takes to complete the full process. To overcome this barrier, genetically engineered plants were created. Scientists have successfully transmitted desirable characteristics of one plant to another by manipulating plant DNA, despite the fact that the two plants may be of different species. This advancement can be used greatly to our advantage. Nevertheless, courts have historically been less than generous in terms of granting patents for hybridised organisms. This article aims to examine the lacuna so created in light of the past literature and judgements by different jurisdictions and enlist some recommendations that can be employed.
Purpose – The purpose of this this article is to give briefing about Fundamental Right to Free Legal Aid In India with the Judicial Contribution of the Supreme Court of India. It also highlights the organizations and bodies that are responsible for providing legal aid to needy and poor people it further focuses on justice to be provided if one cannot afford it. Design/methodology/approach - The article uses case studies, planning provisions, different ideas in order to provide with the knowledge of legal aid in India. Legal terms and their significance are addressed in a manner that will also be comprehensible to a non-legally trained readership. Findings – There are certain judicial decisions and laws that are demonstrating the free legal aid that is provided in India to needy and poor people in a prescribed manner. The article focuses on the issues related to free legal aid and provides laws, provisions, case studies that deal with free legal aid. Research limitations/implications – Free legal aid is related with the justice in the country. it basically points out how justice must not be constrained to how much money one has and therefore legal aid must be provided to needy and poor people. Originality/value - The research focuses on providing fair, honest trial and also justice to the people who cannot afford it and also the organizations that help to promote it.
The Constitution of India is considered to be the largest Constitution of the world which was originally having 395 Articles divided in twenty two Parts along with nine Schedules which presently stands at more than 460 Articles in twenty five Parts and 105 Constitutional amendments till date. Because of this huge and ever-expanding size, people are generally afraid of going through the same that too when for each interpretation of the provisions there are plenty of available landmark judicial pronouncements. In this article, it will be endeavored to put forward precisely the overall gist of the Constitution along with mentioning ratio decidendi/rationale of few landmark judgments of the Apex Court of India which contributed a lot to change the Indian Constitutional outlook keeping in view the need of the ever-changing time. Further, this article shall also to endeavor to highlight the contemporary issues relating to the Constitution of India.
With every moving day, the scope of trademark protection law is widening worldwide. The innovation and progress in the field of trademarks that have been seen recently fit under the category of "non-conventional trademarks," which encompasses smell, sound, taste, and other senses. When it comes to the registrability of smell markings, different countries have varied perspectives. Even though many nations have expressly prohibited the registration of trademarks that lack words or cannot be graphically represented, it has been established that some common law countries allow the registration of smell marks. Nonetheless, the question of whether smell marks are qualified for trademark registration is still debatable. These replicas were limited to smell marks exclusively for the sake of this article. This paper is divided into three sections. It begins by examining the worldwide status of smell marks. It then goes on to discuss the reasons for and against the registrability of smell marks before concluding with a critical analysis based on the findings, and It further deals with the International Development of Smell Mark specific to countries like the United States of America, the United Kingdom and India. When we talk about a critical study of smell mark registration, we're referring to the fact that, while scent marks appear to be a creative way of distinguishing goods and services at first glance, they're not feasible due to the subjective nature of the human sense of smell.
“to abolish the hazardous and demeaning practice of handling the E-waste in the informal sector, no one should be involved in life hazardous and demeaning handling of E-waste just for roti.” In India, about 90% of E-waste is handled by the informal sectors which are mostly done by the lower strata of the society without any safety measures. It is a clear violation of Article 17 and Article 21 of the Indian constitution. When the constitution of India came into effect both Articles 17 and 21 also came into force. Article 17 came as civil rights for the annihilation of caste and division of class in the country. Article 21 is the protection wall for the human right which is the right to life. Although they look alluring and demonstrate welfare on paper, it is contrary to society. When the informal sector’s workers handle toxic substances, it drags them to severe diseases and death when they come into direct contact with those toxic substances. The workers involved don’t acknowledge the extent of danger to their life when handled by their exposed bodies. The Varma system in ancient India forced the lower strata to manual scavenging which is pervasive till today and now in modern times, due to working in filthy environments, the upper strata has developed hate and repugnance for lower strata causing untouchability as most of the workers belong to the latter. The informal sector of E-waste handlers can be called the modern form of manual scavengers. India has not been able to abolish manual scavenging despite The Prohibition of Employment of Manual Scavengers and their Rehabilitation Act, 2013. The new form of manual scavenging should be abolished before it blossoms. State under the constitutional obligation needs to protect Article 17 and Article 21.
Arbitration may be defined as the process of resolution of disputes out of the courts of law by person(s) nominated by the parties known as arbitrator(s) who pass an award which is binding on both the parties. However, the existence of an arbitration agreement is a precondition for the reference of a dispute to arbitration. Hence, in order to refer the dispute to arbitration, the parties must submit to arbitration by consensually signing the arbitration agreement. Once an award is passed, it can be enforced by the decree holder with the assistance of the court. Arbitration is an alternative to litigation. It is primarily used to resolve disputes arising from commercial contracts, especially contracts with an international element. Arbitration is also the designated default dispute resolution process in disputes between governments and companies under international trade or investment treaties. By agreement between the parties (usually contained in a clause of the contract in dispute), an independent arbitrator, or a panel of three arbitrators (the tribunal), is appointed to hear the dispute and to produce a ruling (the award) on the merits. This paper deals with the basic concepts of international Commercial Arbitration and its correlation with litigation. This paper discusses in detail the importance of Arbitration and the resolution of disputes without the help of courts. This paper also discusses the procedure, limitations and draws a comparison between the two processes of adjudication of disputes. This paper informs the reader about the various arbitration centers all over the world and their governing laws thereof. In conclusion, the paper deals with which is the better procedure along with reasoning for the same.
In the recent years, the concept of cloud computing has advanced dramatically. Cloud Computing is gaining traction due to significant investments in cloud around the world. Earlier, data was stored internally within the company itself, as there were no other options for external data storage. Data was then stored on computers owned by a third parties, outside the business setting, in data centres, which are outsourced services. These services had multiple servers, which allowed them to store large amounts of data, including the data of their customers. The storage service has progressed significantly over the years, allowing us to store crucial corporate documents and data in the cloud. Corporate entities and organizations such as Amazon, Google, and Microsoft provide such cloud hosting services.
I precisely summarize the entire deliberation on different jurisdictional study of land reforms forming the quintessence of my research article in the above phraseology. Since different countries have encountered different issues, therefore, they have had different demands and their historical experiences have been different from one another. Then, to presume each of the jurisdictions to have similar history and attempts at land reforms is, but an underestimation of the study of land reforms.
The nature of contemporary warfare, which is increasingly being waged in urban settings and is often characterised by asymmetry between the parties. Despite a history of ultimately failed urban insurgencies and the significant obstacles that would-be insurgents encounter in cities, worldwide political violence is not only on the rise, but it is also becoming increasingly urban rather than rural. Armed groups, insurgents, terrorists, and criminal gangs are managing violence like never before, from urban riots and endemic urban violence in India and Pakistan to ISIS-sponsored and -inspired shootings, bombings, and vehicular terrorism attacks in Barcelona, Paris, Brussels, Istanbul, and other major European cities, and groups like al-Shabab and Boko Haram carrying out large-scale attacks in Kenya and Nigeria. Nevertheless, the importance of clarifying and/or interpreting the scope of the specific protective regime devoted to medical personnel, facilities and transports. Two particular legal issues deserve examination. The first is whether military medical personnel and objects are to be taken into account in a proportionality assessment under IHL rules on the conduct of hostilities. The second relates to the scope of the notion of “acts harmful to the enemy” that entail a loss of their specific protection, namely their entitlement to be respected and protected.
Over the centuries, there have been numerous hypotheses on development concurring to Amartya Sen, a 1998 Noble prize winner in Economics (on welfare economics and social choice theory and for the poorest) but contemporaneously, we are living in a world divided into two spheres: one of exceptional prosperity and another with unforeseen deprivation, pauperism and oppression. Dr. Sen has in his book titled ‘Development as Freedom’ linked development to expansion of freedoms of individuals through the lens of democracy, yet India juggles constantly between the development and democratic ideals. This work intends to highlight another perspective upon which development may be undertaken where democracy might not be taken granted for.
Named word of the year by Webster’s Dictionary in 2003, “transparency” might well prove to be the word of the last decade and a half. In the two hundred and thirty years from 1766 when the first transparency law was passed in Sweden, till 1995, less than twenty countries had such laws. In the fifteen years, from 1995 to 2010, nearly sixty additional countries have either passed transparency laws or set up some instruments to facilitate public access to institutional information. In the South Asian Region, the state of Tamil Nadu, in India was the first to pass a freedom of information law way back in 1997. Though the law was essentially weak and ineffective, it was soon followed by somewhat more effective laws in many of the other states. Globally, it has been argued that the major impetus to transparency has been the growth of democracy. This article attempts to describe the genesis, evolution of the RTI regime in India, within the global and regional context. It describes the events leading up to the coalescing of the RTI movement in India and its current controversies. It goes on to list the challenges before the RTI movement, identifies its allies and opponents, and discusses the strategies adopted, and the resultant successes and failures. Based on all this, it attempts to draw out lessons that might be learnt from the Indian RTI movement. The paper ends with a summary of the findings of two nation-wide studies recently conducted to assess the implementation of the RTI Act in India and suggests an agenda for action, aimed at strengthening and deepening India’s RTI regime. Clearly, transparency is an idea whose time has come.
While explicit and implied defamation by individuals or groups has been discussed at length, employees' defamatory comments on employers seldom get enough attention. Legal scholarship in this regard had become necessary given the rise in such cases. This essay focuses on the defamation in the online world over social networking websites like Facebook, Twitter, Instagram, etc. The main focus is on the cyber defamation of an employer by an employee. This area of law is not developed in India, and with vast increments in technology, the cases of the same would inevitably emerge in large numbers. Examples of various nations have been given, and analysis of a few cases will be done too.
Children are recognized worldwide as supremely assets of the state. the longer term of the state lies within the hands of the kids, WHO are recognized because the supremely assets of the state however as a result of the indifferences of our society all told spheres, these future stake holders aren't cited properly that results in kid delinquency. Children or delinquency is Associate in nursing alarmingly increasing downside inflicting a supply of concern all told over the globe. Children need to are the topic of prime focus of development designing, research, and welfare in Asian country however sadly, it's not been therefore. Despite the Constitutional vision of a healthy and happy kid protected against abuse and exploitation, and a National Policy for youngsters, the bulk of kids in Asian country still live while not a cared, protected and substantive childhood. India could be a soul to world organization Declaration on The Rights of the kid, 1959 that outlined and recognized varied Rights of the kids namely: the proper to health and care, the proper to protection from abuse, the proper to protection from exploitation, right to protection from neglect, right to info, right to expression and right to nutrition etc are outlined as basic rights of kids by the Convention of the rights of the kid. Consequently, Asian country has adopted a national policy on kids in 1974 for achieving the on top of aforesaid rights for its kids. The primary central legislation on Juvenile Justice was passed in 1986, by the Union Parliament, thereby providing an even law on juvenile justice for the complete country. Before this law there were many other laws regarding the same matter were in existence in every countries all over the world. But those were not same or uniform. So the primary uniform law on juvenile justice but failed to lead to any dramatic improvement within the treatment of juveniles. The law continued to electrify plenty of concern, in human rights circles, pertaining not able to the method juveniles were treated in detention centers selected as special homes and juvenile homes.
Women have often been at the receiving end of violent and heinous crimes throughout the history. When the internet first came into the picture, it was lauded for converting the world into a Global Village and making communication across the globe seamless. However, for women, it created a new threat, called “Cyber Crimes against Women”. The perpetrators of cyber crime often target victims who are soft targets and easier to exploit. The women are often exposed to crimes such as cyber defamation, sexual harassment, and indecent exposure by men on the internet, email misrepresentation and more. They often receive disturbing messages with sexual innuendos over the internet which amounts to harassment. In addition to this, their private information, videos and images have been leaked which leads to shame and harassment. In some cases, it even drives the women to commit suicide. Covid-19 furthered the incidences of Cyber Crimes against women with increased online presence for both the women and the perpetrators of the crime. This paper analyses the Cyber Crimes against Women in India and the legislative framework present in India to deal with the crimes. It further provides suggestions relating to measures that can be undertaken in order to combat Cyber Crimes against women in a more effective manner.
A company needs additional capital and keeps the voting rights of the existing shareholders proportionately balanced, the company issues Rights shares. The issue is called so as it gives the existing shareholders a pre-emptive right to buy new shares at a price that is lesser than market price. This article covers who has the absolute authority over the allotment of unsubscribed shares, as well as the related statutes and case law. It talks about Sec. 62 of the Act which gives the board unrestricted or an absolute authority to allotment process of the unsubscribed stocks to issue rights to a non-shareholder, as long as the allocation is not damaging to the firm or its any of the shareholders. The article also covers how the Act, is silent on how unsubscribed shares may be distributed to third parties.
One of the defects of International Law is obscurity and uncertainty. Codification not only makes the rules clear and certain but also reconciles conflicting and divergent views. Codification means systematization of or reducing the whole body of rules into code in the form of enacted law. It enhances the efficacy of International Law by increasing its binding force. It will be easier and convenient to amend the codified International Law so as to keep it at pace with the tide of time. The history of codification of International Law dates back to the 18th century when idea for codification was conceived by Jeremy Bentham. Later on, several declarations and conferences held on warfare, neutrality etc. proved to be significant. Much impetus was given to the process of codification under League of Nations. But, such efforts faded away as they were not able to avoid World War II however, they provided incentives to set forth the stage for the codification of International Law. When United Nations was established and UN Charter was adopted, its article 13(1) (a) made it imperative on General Assembly to ‘encourage the progressive development of International Law and its codification’. For this purpose the International Law Commission was established with the same objective at its core. Its task is to undertake survey, draft and recommend the topic for codification. The establishment of ILC proved a turning point in the ‘codification movement’ with number of feats under its head. This article seeks to analyze the role played by the United Nations in the codification of modern International Law and various achievements of International Law Commission established under its aegis.
This research paper is an effort to understand the intricacies of women rights in US and India through a minute examination of the legislations in place for both the countries. Since women rights have often been a subject of discourse in all forms of civilized societies, whether it is a developed nation like America that is believed to provide women with larger and more varied choices when it comes to their reproductive health or India wherein the choices of women are often limited due to various social and economic factors that play a significant role in the society. The full realization of their rights, however remains a debatable issue in both the countries as women continue to demand and strive for progressive changes through legislations.
With the establishment of United Nations in the aftermath of the Second World War, one clear objective of the international community was to bring and ensure peace and stability around the globe. However a cursory glance at the world history of past few decades provides ample evidence that little has been achieved. There is no guarantee against war-like situations. As a matter of fact international community do, legally and otherwise, recognize the necessity of armed intervention, popularly, known as humanitarian intervention. The doctrine of humanitarian intervention essentially contemplates the use of military force by one state (or a group of states) against another state not in self-defence but, rather, to prevent the widespread deprivation of human rights . A right to humanitarian intervention presents a clear fundamental challenge to state sovereignty, therefore needs a strong justification and a clear legal basis. The UN Charter contains a general presumption against the use of force in international affairs. Specifically, Article 2(4) states, “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.” In addition Article 2(7) prohibits intervention “in matters which are essentially within the domestic jurisdiction of any state”. The Charter, however, contains two explicit exceptions to the Article 2(4): Article 51, which permits the use of force in self-defence, and Articles 39, 42, and 43 (powers under Chapter VII) which permit the UN Security Council to authorize the use of force to “maintain and restore international peace and security.” If we take into consideration, activity that are reasonably characterised as humanitarian intervention occurred in places like Somalia (1992-1993), Haiti (1994), Bosnia (1993-1995), Kosovo (1999), East Timor (1999), and Sierra Leone (2000) but not in places where there have been equally heinous and large scale atrocities like Rwanda (1994), the Democratic Republic of Congo (1997-2001), Sudan (1998, 2003), and others has drawn charges of inconsistency and selective indignation. Kosovo intervention proved to be a magnet for charges; it is, after all hard to reconcile NATO’s seemingly enthusiastic humanitarian intervention over Kosovo with the world’s utter indifference over genocide in Rwanda. On one hand where Humanitarian Intervention empowers world leaders to be something more than being a mute spectator of gross human rights violations. On the other hand there is a policy objection to humanitarian intervention, It is prone to abuse as it provides cover for self interested action. This abuse of the humanitarian justification for military action blurs the distinction between legitimate exceptions to the non-intervention principle and subversion of the principle for reasons of national interest .Its in this light the author would discuss the structure, scope and limitation of UN with respect to Humanitarian Intervention and also touch upon the concept of Responsibility to protect as an alternative to humanitarian intervention.
Human rights consist of myriad rights that are considered minimal for the human existence. The doctrinal concept of the term human rights plays a very significant role in the lives of all human beings. In a nutshell, it can be emphasized that human rights refer to those rights which lays down basic requirements of human to have a ‘minimally good life’. Human rights as a concept can still be considered in its embryonic stage as its vague and ambiguous. This ambiguity is reflected in the sense that there is differentiation of thoughts as to how rights originated as according to some scholars, rights are derived from principles discovered from the nature while other scholars specify its origin in political and legal instruments. Leaving behind all the uncertainty, Human rights as a catalyst has proved to be pivotal for all human beings in general and for the protection of the vulnerable section like LGBT in particular. Human rights have a strong and meaningful grouse that affords protection to those who are vulnerable to the violations of their fundamental human rights. In the recent past there have been various instances to emphasize the fact that there is an urgency of progression of human rights for the LGBT community members. Members of the LGBT community face severe transgression of their fundamental rights because of their sexual orientation and gender identity. The United Nations Human Rights Committee has supervised immensely to protect the rights of this community, there have been initiatives taken at both the national and international levels for the protection and upliftment of multifarious gender identities existing in this world. The Constitution of India is a grundnorm that upholds the ideas of equality, liberty and fraternity amongst all and paves way for each and every individual to live a life that is much more than mere animal existence. Besides all these efforts, there’s still room that asks for laying greater emphasis on the problems of the members of LGBT community and lend them a helping hand for the holistic development of their personalities.
In the field of space exploration, the advancements, and the proposed expeditions and missions to space by nations across the globe have seen an unprecedented growth. Today, the magnitude of the activities in space and the progress made could not be envisioned in the 1950s when space exploration first began. There are a number of new dynamics associated with space travel today. With the increasing attraction for space tourism nowadays, space travel is not restricted for scientific purposes. Further, privatization of space activities has also increased with space companies like SpaceX receiving orders and collaborating with well-established space agencies like NASA for space expeditions has opened up further possibilities. While nations like India are working towards advanced manned missions to outer space in the near future, countries like the USA are working toward the research and development towards manned missions to other celestial bodies such as Mars. All of these progressions require that the humans involved in such missions i.e. the astronauts be in perfect health and are physically and mentally equipped to resist the harsh conditions of space travel. As such, Space Medicine as a field of study becomes exceedingly crucial and necessary. This paper attempts to learn and understand the law relating to space medicine and the legal positions, challenges, lacunas (in any) in order to better promote a comprehensive consolidation of existing standards and laws with future ones so as to promote a healthy space regime.
Human Rights violations during the Emergency period in the 1970s led to state repression, governmental lawlessness, administrative deviance, and exploitation of disadvantaged groups, and denial to them of their rights and entitlements. PIL was incorporated under Article 32 as a tool in the hands of the poor to secure their fundamental rights. Supreme Court was vested with enormous power and discretion to proceed in the cases of PIL to ensure substantial justice to the poor and disadvantaged without any hindrance caused due to procedural requirements. After 1990, liberation policies were adopted which led to social and economic development in our country. This paper will analyze how Supreme Court started encroaching upon the legislative functions under Article 253 by expanding its scope to incorporate international treaties in its judgment. Supreme Court has also expanded its scope to socioeconomic and environmental problems which was not the aim of PIL initially. There are several cases for poor and disadvantaged is pending before the court with inordinate delay but Supreme Court is politically influenced and motivated by the outcome which is intended to be achieved. PIL mechanism has been used by the judiciary as a tool to form judicial activism to deal with cases beyond their scope in the name of justice to the vulnerable group of society. We can observe the conflict between the legislature and judiciary throughout the judicial trend which indicates how the court has been trying to justify its acts in the name of legitimacy and justice.
In India, legislation governing citizens in aspects of personal law (marriage, divorce, inheritance, and adoption) varies depending on the person's belief. The Hindu Succession Act, 1956 governs property inheritance among Hindus, Buddhists, Jains, and Sikhs. This statute governs the transfer of all assets owned by Hindus. The HSA's regulations discriminate against Hindu women by establishing separate procedures for the devolution of property held by men and women. These laws have the effect of unfairly prioritizing the husband's family in the system of devolution above the wife's family, even though the property belongs to the woman. The regulation dates from a time when it was impossible for Indian women to hold and obtain property. These prejudices, however, continue to be committed against Hindu women in India today. The Hindu Personal Laws and their amendments, as well as the many Law Commission recommendations, provide for such a right for women, but there has been no effective development. Indian women's situations have remained unchanged, although their counterparts throughout the world continue to enjoy this right. This discrimination is in violation of Articles 14, and 15 of the Indian Constitution as well as is in stark violation of India's commitments under the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, and has a number of negative repercussions, particularly when the property in question is acquired by the woman through her own skill or effort. To achieve its goals, an effective social reform movement must rely on the rule of law and a receptive judiciary. Thus a framework must be constructed to ensure Women's empowerment, equal rights to both men and women, an equal share of the property, etc.
Fashion has a long history, it did not evolve all of a sudden, with constant trials and errors, the fashion has changed all the way around. Fashion is a channel for inventive expression and a replication of individual and cultural identity. Indigenous Fashion by the name means clothing, fashion, accessories belonging to a particular country, region, or native to a specific culture. The term originated in the North America, where culture and history had a major role in clothing. The indigenous designers incorporate their motifs, customary materials into their wearable artworks, providing a basis for creating items for the haute couture and international fashion markets that have been adapted as latest fashion brands these days. Women in these communities were primarily the designers as well as makers. Fashion designers have been borrowing stylistic elements from other cultures for centuries. Inspiration and imitation goes hand in hand when it comes to fashion industry. The indigenous community face theft of their designs and work because they are pleasing, beautiful and are less famous, so the chances of the big designers of being caught becomes low. In recent years, the extent to which fashion designers have profited from incorporating these cultural designs without giving due acknowledgement to their origin has been amplifying point of contention. Thus, this paper attempts to bring out the reality of Indigenous Fashion in India, U.S.A.
The need of the hour is protection against violation of sexual abuse by both genders against other or same gender and punishing those who abuse the law for their personal vendetta the media has only conceptualized sexual offences by male predators and sexual victimisation of women. The only remedy that a man will have after being raped is to make a complaint under Section 377 of the IPC, which states unnatural sex which includes sodomy. The laws under the IPC except for Section 377 meant only for females. Unfortunately for those who were violated in a non-penile manner, no other alternative exists. The growing trend has been towards glorification of feminism which has created in itself femvertising. The Y and Z generations have made a social change by accepting that responsibilities are shared, that both male and female define their criteria of work not on the basis of societal judgements but on the basis of equality. Gender equality in its true notion is achieved when both genders are treated equally and treat each other equally, neither higher nor lower. Gender Equality should be defined and adopted in its true sense which states people of all genders have equal rights.
Statement of Problem: The POCSO Act, which was enacted to protect children from sexual abuse and decrease the sexual abuse cases, doesn't seem to be implemented properly. The POCSO Act has provisions that try to secure the identity of the victims and also to give immediate healthcare and protection but it fails in protecting the victims and their families from any type of life threat. The POCSO Act also does not have any provisions relating to the security and protection of witnesses, which according to Jeremy Bentham (a great English Philosopher, Jurist Social Reformer) are the "eyes and ears of Justice” . According to the NCRB (National Crime Record Bureau) report 2020, the total number of persons arrested in 2020 was 59002 out of which the total chargesheet filed was 557635 . However, the total cases sent for trial in 2020 were 44709 and if aggregated with previous year cases where trial is still going on being 179893 out of which conviction rate is just 39.6% or 3686 and acquittal rate being 55% or 5133 which is much higher than conviction rate.<br> Hypothesis: As the report shows there is a low conviction rate in POCSO cases. It can be possible that the accused, by using power and money destroy the evidence, buy the witnesses, or create life threat fear to the witnesses. Many cases do not reach the courts possibly due to many people end up doing compromise possible reason could be the accused being someone close. Hence, they might compromise and avoid going to court. If we go by this hypothesis, it would not be wrong to say that the basic aim of the POCSO Act, which was to protect children from sexual abuse is failing in achieving it objective.
Public Interest Litigation is the birth child of the Supreme Court of India, which armed the Judiciary to fulfill the objectives manifested in the Indian Constitution . The basic premise is rooted in the idea of making justice accessible to a common man. But the concept is not without its flaws. The debate about the nature of the doctrine of PIL has been debated for a very long time, the issues are complex and varied. The scope of PIL has broadened over time, through catena of judgments delivered by the Supreme Court in the last 50 years. The objective was to enhance and broaden the ambit of justice, so it can reach the poor and needy. While the idea in itself was succinct, and evidently led to a lot of progressive legislations and legal developments. Inadvertently, it also brought a myriad of issues. To allow for a full investigation of these problems, this article would not suffice. However, one aspect can be brought into focus which has been a pertinent issue when it comes to concept of PIL as a whole, whether it a legitimate exercise in form of Judicial Activism or Judicial Overreach? This article aims at viewing both the concepts through a critical lens to find out the distinction between the two, and whether the Apex Court is doing an optimal job of treading this thin line or not.
India is a diverse land of many cultures, with bustling cities, modern infrastructure, and is one of the most rapidly developing nations and economies in the world. However, hidden away from the perception of the world, it harbors many deep, dark, and foreboding secrets, some being remnants of a bygone era, and some newer, more destructive patterns from improper adoption of western culture into traditions and patriarchal systems that stretch back to time immemorial. This paper aims to explore one of these relics of the past that plagues the modern era, and hopefully, bring the plight of so many, to the light of the sun. The practice of manual scavenging, the manual cleaning of human waste from dry latrines, treated with the same rules as it was several hundred years ago, is a shadow, a blight on a country that aims to be “Swachh Bharat”.
Traditional knowledge is defined as a cumulative body of knowledge and beliefs that is handed down through generations by cultural transmission. It concerns the relationship among living beings between themselves and with the environment. In this context, traditional knowledge is very intimately embedded into the fabric of society and cultural ethos. The need for protection of Traditional Knowledge in recent times has gained greater prominence. In this era of modern technology, the possibility of Misappropriation, unauthorized usage, stealing and piracy of traditional knowledge has increased. Patenting and protecting the traditional knowledge through Intellectual Property Rights law is surely one of the ways to save the traditional knowledge from getting exploited. Countries have come up with laws at the National level to recognize the traditional knowledge to be one of the Intellectual Property and has further gone on to give rights over it. Thus, there is a need to do research on the role of Intellectual Property rights in protecting traditional knowledge. The current paper studies the IPR laws at international level with respect to traditional knowledge and also examines the landmark cases of the same. The paper further makes an attempt in analyzing the laws of India in detail and determining to what extent Indian laws are successful in ensuring that the traditional knowledge is protected. When it comes to protection of Traditional and Indigenous Knowledge in India, though the governments have made attempts in preserving them, there are still lacunas and gaps. Thus, the paper tries to come up with recommendations and suggestions to improve the current position of India with respect to protecting the Traditional Knowledge.
The revolution of Artificial Intelligence (AI) is widespread in today’s world. It ranges from the healthcare sector to corporations and even in individual daily lives. The article explores the adaptation and impact of artificial intelligence on the practice of corporate governance. It intends to assess the desirability, feasibility and liability of automated board-level decision-making to ensure effective corporate governance. The present era of technological revolution has opened wide doors for companies to access Big Data and AI technology for potent decision making in corporations. The corporations intend to avail the benefits of constructive mechanisms of corporate decision-making which AI provides. The paper intends to investigate the use of AI in corporate decision making with special emphasis on the decision making of the Board of Directors by analysing the technical facets of AI in corporations, the practical challenges it poses and finally, the legal consequences of AI decision making in the corporations. Furthermore, it sets to examine the immense contribution of AI in the decision outcomes and the crisis of the stakeholders as a result of the outcomes. Thus, the ultimate aim is to assess the legal outcome of AI decision making in corporate social responsibility to a considerable extent.
State of Maharashtra in India has been the worst affected and infected State. Since the early times of the pandemic, the State has seen a flurry of cases being recorded each day. Maharashtra is the home to a large segment of people converging from different parts of the country. As of today, Maharashtra is the second most populous State in the country. The total population of the State in 2021, according to the 2011 census projection is 12.62 crore . The city of Mumbai, the State’s capital and also being the financial capital of the nation has been in the news during the COVID-19 virus. Mumbai also houses the largest slum area in the Asian sub-continent, Dharavi. It had the most number of active cases in 2020 but has quickly geared up to face the challenge and has been under the praise of both, the Central government as well as the WHO , . The State government has been taking the challenge of fighting against the COVID-19 virus tightly. Since March 2020, when the first national lockdown in the entire country was declared by Hon’ble Chief Minister of Maharashtra, the administrative agencies of the State government have taken up the mammoth task of preventing the spread of the virus. All the different Departments of the State government have played their role significantly in one way or the other. However, the researcher wishes to study the response of the government in the initial phases of the pandemic, the various administrative and legal decisions and policy changes that the Departments undertook while facing the challenge of COVID-19. The researcher has selected the following three Departments for the purpose of this study: i. The Department of Public Health; ii. The Department of Urban Development; iii. The Maharashtra Pollution Control Board.
Designating rights for nature is a potentially powerful way to open up the dialogue on nature conservation around the world and provide enforcement power for an ecocentric approach. The notion of a juristic person underlines the Judges’ argument for rights for river Goddesses and the argument that river Goddesses also constitute nature. Other legal and legislative initiatives in which rights of nature have been articulated around the world give some basis for this, as they have joined cultural or indigenous ideas of personhood with the preservation and conservation of nature. Conferring rivers a legal personhood is a great venture where this is accomplished by various countries. This paper looks at a fusion of legal traditions, religious worldviews, and practices of environmental protection and advocacy in the context of India. Apart from this, analysis of Bangladesh and New Zeland part was also put forwarded. It takes two specific legal cases in India and examines the recent high-profile rulings designating the rivers Ganga, Yamuna, and their tributaries and glaciers as juristic persons.
A business audit under Maharashtra Value Added Tax (MVAT), 2002 is a detailed process that incorporates assessment of the accounting principles used and Important estimates by management as well as assessing the financial position. These standards require that dealers plan and perform the audit to obtain reasonable assurance about whether the sales tax related records and financial statements are free from errors and misstatements. The audit comprises of scrutiny on a test basis, proofs supporting the sales and purchase figures and relevant disclosures in the financial statements. This paper throws light on the provisions of business audit under MVAT and its significance thereof.
The OTT platforms are now in trend in India. During the covid 19 lockdown, when all the source of entertainment was banned, at that point of time the OTT platforms get opportunity to become more popular. As a result of such lockdown in our country, it expanded its market more than any broadcasting agencies. But the rights of freedom of speech and expression also has some restriction in it. Thus, the OTT platforms should also come under the same restrictions. The lack of regulation policies with reference to these OTT industries, have made it more liberal towards the content. The time has arrived when we should seriously think about the lacunas prevailing in the existing rules and regulations for such platforms.
India is among those few countries which despite having participated in the 1980 Vienna Convention did not ratify the Vienna Convention on International Sale of Goods (CISG, 1980). Sale of goods transactions in India are primarily governed by Sale of Goods Act, 1930 and Indian Contract Act, 1872. Some Commentators have poignantly said that these two are one of the finest legislations relating to commercial transactions that a country could have. However, as these laws are not very recent and by no stretch of imagination it can be argued that these laws in all sense incorporate the new ‘Lex Mercatoria’ that has been developing since these laws came into being. Albeit, it must be stressed that these two legislations are one perfect pieces of legislations but they might still lack the conformity with the new standards in the context of International sales transactions. Also, beyond any shadow of doubt, these laws do hold water even in the present era of modern Lex Mercatoria as the basic principles have strengthened over a period of time. So there might be a lot of similarities in both the regimes. But then, there are certain differences as well. And in the light of the whole debate as to whether India should ratify the CISG or not, it becomes pertinent to examine and highlight these differences and similarities and propose a feasible solution to the debate. The present paper focuses on this issue especially in the context of ‘delivery’, ‘time’ and ‘risk’ in International Sales.
Childhood care and support plays a very essential role in the growth of the child. The future potency of the child depends upon their early age maintenance and care. It is the duty of each parent to provide the best that they might for the development of their child. This responsibility of the parents is very well acknowledged by the Indian laws as well as the Indian judiciary. There are a number of provisions under statutes governing various personal laws where right of maintenance has been granted to the child. This paper tries to do a closer analysis of various child maintenance laws in India. In order to do so, the paper tries to focus on different personal laws as well as secular law that govern maintenance of a child in India. While highlighting the various personal laws, the paper tries to do a detail analysis of Hindu and Muslim personal law. The detailed analysis of Hindu and Muslim personal laws is done by examining the conflict between various laws and provisions through judicial precedents. Further the paper also tries to highlight the grey areas in these laws and finally attempts to show if there is a need for uniform civil code in India.
When we give a cursory look at India and US to study their anti-terror legislations, the first thing that comes to our mind is that they both share the external and internal threats of terrorism, for which they needed to enact certain legislations to combat it. This necessitates the respective government to give its law enforcement officials the necessary tools to respond to these threats, find terrorists, and prevent future attacks. If we move a step further in our study, we find that they also share the commitments to a democratic form of government where core constitutional values like freedom of speech, civil and political liberties, and human rights are cherished. However, this isn’t an unbridled freedom, the security interest will come in play to an extent to justify the curtailment of the freedoms in certain cases but a balance will always be strived to be maintained by the legislators between protections of these rights and national security interest. The political, historical, and cultural landscape and reality of each country do shapes what laws are made and how they are implemented yet the societal impact of these laws is different because of the role both countries assign to its courts as Sentinel Qui Vive for their response to the call of constitutional conscience. Irrespective of these differences and a different political consideration for which they are being used, a comparison between the two democracies can be drawn which will help us to come at a better understanding of the ways in which the two important concerns can be tackled i.e. National security interest and Constitutional rights. A comparative study of anti-terror legislation of these two states would help us to plug in loop holes of anti-terror legislation and adequately vary the scope and ambit of such legislations.
Dr. B.R. Ambedkar is considered to be the chief architect of our ‘grundnorm’ i.e. the Constitution. He played a significant role in laying the foundation of democracy in India. He considered that democracy was not new to the Indian system but various ancient governing bodies adhered to democratic principles. His notion of democracy was not a westernised one, rather his reflections on the theory of democracy were firmly located in the Indian context. Equality and fraternity were considered to be at the heart of democracy. For him, democracy was a form of associated living. Democracy is not only limited to a government by the representative of the people but it has many more facets to it. It encompasses within its sphere social, economic as well as political democracy. Social democracy aims at removing the caste barriers created in our society. Caste system not only fractures national unity but also makes democracy impossible. Democracy is to be achieved not only in fact but in form also. The present paper aims to study the idea of democracy as propounded by Dr. Ambedkar. It aims to cover the various facets of democracy and to analyse whether we have secured the same notion of democracy to our people as envisaged by him.
The death penalty is a legal method whereby someone is placed to death by a state in accordance to the crime committed against the law, capital punishment has been used over the years by virtually every society to punish the guilty for a few specific crimes similar to the following terrorism, sexual crimes, mass murder, treason, or as a part of military justice. There is a growing discussion within the world concerning the necessity of capital punishment and also the issues with it. The death penalty has long been under scrutiny for being biased. It famously discriminates between socio-economic class, race, and so forth. Since discrimination, by its terrible nature, involves the unequal treatment, discriminatory punishment ineluctably dashes with the equal status of all. Discriminatory capital punishment seems to be one of the foremost mortifying and most wrongful kinds of discrimination. A bias towards white-victim cases has been found in most of the subtle studies exploring this field over several years. These studies generally account for different variables within the cases studied, like the number of victims or the brutality of the crime, and still found that defendants were a lot more likely to be sentenced to death if they killed a white person. The problem of affording representation conjointly arises. Whereas the judicature provides legal aid, the lawyers provided are non-competent, underqualified, and undertrained, and honest legal counsel value over what some will afford. This paper will analyze and highlight the issues of status and race in Capital punishment.
IPRs are the rights granted to individuals over their mental inventions. The exponential growth of technology has significantly expanded the opportunity of intellectual property rights. The advancement of tools has also resulted in a rise in instances of intellectual property rights infringement. Residents have generally needed consciousness of their IPRs. Infringement cases arise inferable from absence of sharpness among businesspersons. New revelations like copying machine, typewriter, PC, and so forth are every one of the threat to the protected innovation freedoms. Insights recommend that larger part of IP encroachment cases in India include a little firm being uninformed about the rudiments of IP freedoms. Absence of mindfulness among inhabitants and business people is the significant test which should be investigated by the specialists. Old standards can't address with difficulties presented by arising innovations. New innovation is giving a trouble of keeping a general set of laws where Intellectual Property Rights are kept up with. The public authority needs to build up equilibrium in protecting licensed innovation privileges and restricting the freedom of residents.
“In the stages of evolution, the Humans have indeed progressed from the Stage of Environmental Determinism to the Phase of Humanistic Possibilism, which characterises the control and superiority of Human and Man-Made Forces over and above the Unwritten Environmental Code. This has indeed been a result of the rising technological and mechanical know-how of the humans so as to achieve their quest of economical and mercantile prosperity. Thus, Post Indian Independence, with rising population, demand of food and better standards of living, along with economic development, the concerns concerning environmental protection and conservation were unfortunately, kept at the back of the minds of the policy makers including the general public and industrialists. However, Post the Stockholm Conference, attended by Mrs. Indira Gandhi, addition of Article 48A and Article 51(A)(g) , the Legislature has duly commenced to enact laws and regulations for the said purpose of maintaining environmental integrity. Thus, the present research is in regards to the same purpose wherein, the forces of Environmental Protection through the Forest (Conservation) Act, 1980 and the Forces of Private Capitalists in their economic and mercantile endeavour, clashes and duly were harmonised by the Indian Judicial System” Thus, the Research herein centres around the Case Reviewal of Ambika Quarry Works vs. State of Gujarat. The Research discusses the Forest (Conservation) Act, 1980 and its constituents, identifies the Approval Methodology along with the Procedure followed along with the prospective application of the Act has also been deliberated thereto. At last, the research identifies relevant doctrines of environmental law including Public Trust and Precautionary Approach along with a Conclusion signifying Sustainable Economic Progression.
The transgender community is one of the most marginalized sections of our society. Transgender persons suffer significant health disparities and may require medical intervention as part of their care. Transgender individuals have specific health care needs. They may have behavioural health concerns, and they're also at higher risk of developing health problems. They have less access to health care due to low employment rates, lack of insurance coverage, or fear of discrimination. There are general concerns around the stigmatization of transgender individuals in healthcare, which results in fear and reluctance to seek help. In addition, healthcare professionals can attribute health concerns to being transgender, which can impact the engagement of trans people in healthcare settings and consequently affect care received. For many years now, there has been a pressing need to create awareness amid various communities and establishments to take active responsibility in recognizing the rights of transgender persons and treating them with basic human dignity and at par with other genders, be it at educational institutions or for equal opportunities in employment or ensuring access to healthcare and use of public benefits and facilities. The purpose of this Manuscript is to briefly review the literature characterizing barriers to health care for transgender individuals and to propose research priorities to understand mechanisms of those barriers and interventions to overcome them. This research paper highlights the Health care issues Transgender population in modern society and a few suggestions to cope with the issues and improve the condition.
The Consumer Protection Act, 2019, represents a pivotal reform in India’s consumer law landscape, aimed at addressing the evolving challenges of a globalized economy and the digital marketplace. This research critically examines the effectiveness of the Act in safeguarding consumer rights, enhancing grievance redress mechanisms, and ensuring accountability among manufacturers, sellers, and service providers. Key provisions, including those related to e-commerce, product liability, mediation, and stricter penalties for misleading advertisements, are analyzed in light of their practical implications and judicial interpretations. The study employs a comparative and empirical methodology, evaluating the Act's impact through case law, stakeholder feedback, and statistical data on consumer disputes resolved under the 2019 framework. While the legislation introduces progressive measures, such as empowering consumers with new rights and simplified dispute resolution mechanisms, challenges remain in its implementation, particularly concerning awareness, accessibility, and infrastructural constraints. This paper concludes with policy recommendations for strengthening the Act’s enforcement and promoting a consumer-centric ecosystem that aligns with contemporary needs.