Globalisation has two sides, like a coin. One side is making the world a better place whereas the other side is not. In this paper, the core focus would be on how Globalisation has affected women in third world countries with an Indian perspective. This paper will introduce the topic by highlighting the difficulty faced by Indian women in having equal status to men and by also underlining how the developed countries have influenced the mindset of Indian families towards women rights. This paper’s scope is restricted to two aspects. The first focuses to assess the affect through technological advancement which has helped women to uplift themselves and, the second part focuses on the involvement of industries i.e., the Construction and the Textile Industries respectively and if the globalised world of the West i.e. The American and European world liberalized or exploited women of third world countries by converting them into their virtual colonies. Women provide cheaper labor than men because of which both the construction business and the textile market makes women do the most work for almost no wage with an abundance of unethical labor practices for women. Both Industries are one of the largest exploiters of women under the guise of liberators by providing women with employment. The author has conducted a small survey of about 100* people of ages 15 and above and asked them some questions regarding the research topic. This survey will be used as a reference throughout the paper along with other information through various articles to create an understanding of the impact of globalization with respect to technology and job opportunities to women in construction and textile industry.
Volume 4, Issue 1 / 2022
Articles · 94
Human Rights is a concept developed in modern world to uplift the standard of a human life by ensuring some basic rights throughout the world. Many International instruments and domestic legislations do safeguard these human rights in one or the other form. All these human rights though provided under different categories, they are intertwined hence indivisible. The right to life is regarded as the most important human right, as it is the source of all other rights. However, a cardinal right, the right to health, supports the right to life. Our health, and the health of others we care about, is a daily concern for us as humans. Proper hygiene and sanitation in and around our place of residence can help to safeguard and promote our right to health. However, being a developed country and a country with highest population density India is struggling in maintaining international sanitation levels. According to many national and international surveys, India has the highest number of people practising open defecation. Due to lack of toilets in rural area, people do practice open defecation. Though active participation of household women and there need for a toilet increased after the awareness programmes were launched by the government. Women face more health-related issues due to unavailability of toilets during their menstrual period. Just a four-wall closed structure is not enough, but a toilet should have access to water facilities and proper hygiene is to be maintained in there. With time it was seen that state came up with many policies related to health and sanitation, though majority of them resulted in utter failure the reason was that the aim of these schemes was to construct toilets and this aim is not enough. Later, to overcome this hurdle government allocated separate budget for awareness programmes to bring behavioural changes in the society and it has been seen that rural women has played a significant role here. After passing of Swachh Bharat Mission, India is swiftly progressing towards achieving open defecation free status, though still there are many grey areas in field of health and sanitation which should be covered by the government to raise the standard of health. Nevertheless, the PRI’s and NGO’s are playing a key role in making Swachh Bharat Mission a success
India transformed its business environment on May 11, 2016, by enacting the Insolvency & Bankruptcy Code, 2016 (“IBC”). The IBC is a robust and empowering legislation that has delivered tangible results within a remarkably short period post its enactment. Irrefutable proof of the same is India moving a whopping 56 places from 108 to 52 under the category of “Resolving Insolvency” in World Bank’s Ease of Doing Business Report, 2020. One of the critical pillars of institutional infrastructure on which the robust legislative machinery created under the IBC rests is “Insolvency Professionals” (“IPs”). IPs exercise quasi-judicial powers in any insolvency/bankruptcy proceeding, subject to the review of the creditors and the adjudicating judicial authorities. IPs drive all the processes governed by and initiated under the IBC. Thus, given the critical position that IPs hold in the scheme of things promulgated under the IBC, their regulation and governance have become extremely critical in India. Given that the IP regulation system in India is five years old as of the date (i.e. December 12, 2021), now is a good time to subject it to the global standards of IP regulation, given that India hopes to and has the potential to become a global economic superpower. Thus, this paper intends to undertake an intellectual reconnaissance into whether or not the incumbent framework governing IPs under the IBC is in sync with the global standards of IP regulation and whether or not India needs to draw any perspectives on IP regulation from other countries (i.e. The United Kingdom, Australia, Canada, and Singapore) (collectively “Identified Jurisdictions”) that have experience in IP regulation.
The Goods and Services Tax (GST) was implemented with the goal of making One Nation, One Tax a reality in India. It is a ground-breaking reform in the Indian indirect tax system. GST was implemented with effect from 1st July, 2017 by Shri. Narendra Modi, Hon'ble Prime Minister of India. Unlike Value Added Tax and Service Tax, GST is a tax on the supply of goods and services. It has subsumed various indirect tax like VAT, Sales Tax, Service Tax etc., which were prevailing before its implementation. There are four types of GST based on the type of transaction and the authority levying it viz., Central Goods and Services Tax (CGST), State Goods and Services Tax (SGST), Union Territory Goods and Services Tax (UTGST) and Integrated Goods and Services Tax (ITGST). GST was imposed as a Good and Simple Tax but in reality there were a lot of confusions among consumers regarding the implementation of GST in India. This paper tries to find out how far people are aware about the concept of GST and the satisfaction level of consumers on GST and its impacts by carrying out an empirical research. This paper finally gives suggestions to the government for increasing the awareness among consumers on GST as a concept and its positive impacts.
A visual contract is a legally enforceable document that provides a better user experience, allowing people to make more independent legal decisions. A graphic contract gives people more legal power since it's easier to grasp, and it fosters trust through open communication. They have experienced significant growth and popularity, attracting attorneys, researchers, designers, and practitioners alike. The various causes for such contracts revolve around the goal of improving contract understandability and transparency. Visual contracting's ingenuity and craftsmanship are remarkable. The philosophical shift that the movement symbolises, though, is what makes it so intriguing. When a business invests in visual contracting, it's because they want their contracts to be more than just legal documents. Rather, they want their contracts to transmit value to the people involved. It gives the contractual process more expression and communication. The three authors, through this article elaborate on the concept of visual contracts and put forth the idea that they are the contemporary way of writing contracts. The authors firstly introduce this new concept and explains key aspects of it. Secondly, the authors delve into the need for such contracts and then numerous benefits of such contracts are discussed. The authors then in the third section makes a point that visual contracts are enforceable in India and elaborates on the law behind the same. Fourthly, potential contracts such as medical consent or sports agreements, which can be written in this format are talked about. Such contracts won’t be without its pitfalls. Accordingly, the authors fifthly, ponder over various possible pitfalls and then provides solutions to avoid them as well. The authors then conclude the article by stating that visual contracts are the need of the hour and it’s time to make the best out of them by taking inspiration from Australia, South Africa and United Kingdom.
FEDERALISM: it is a constitutional mechanism where there is a blend of partial self-government along with the partial shared government . R.L. Watts, define federalism as "The principle of organization whereby a compromise is achieved between concurrent demands for union and territorial diversity within a society, by the establishment of a single political system, within which general and regional governments are assigned co-ordinate authority such that neither level of government is legally or politically subordinate to the other". The federal system in India is equivocal moreover at the same time it is unequivocal from other federations (U.S.A). It is similar as the states (disseminative) derives power completely from the union, the distributed component is that there's no group of independent states coming back along to make a federation by surrendering a touch of their privileges or autonomy or sovereignty of the state. EMERGENCY: Every country faces some situations where there is a need for an immediate action to be taken; it is a kind of situation where prevailing or ordinary constitutional provisions may not work. In India at the time of emergency (Part XVIII) it provided the union all the powers (legislative along with executive) of the state to handle the situation. The framers jointly felt that at the time of emergency the Centre ought to have predominant powers to regulate and direct all aspects of administration and legislation throughout the country because of this one notable feature many academicians find it difficult to call Indian Constitution as wholly federal. Black Law's dictionary defines emergency "as a failure of the social system to deliver reasonable conditions of life". The term emergency may be defined as “circumstances arising suddenly that calls for immediate action by the public authorities under the powers especially granted to them.” The paper seeks to analyze one of the most important aspects of federalism and emergency along with its origin, legal and functional aspect and other things. The paper is a collection of case laws to analyze the above-mentioned concepts. For research, secondary sources such as e-books and articles by eminent jurists have been referred.
A song results from the talent and hard work of a group of people. Music is a tool that can influence people around the world. A good song can concur the mind of anyone beyond the boundaries of language. In this age of technology, millions of people can use a song that is uploaded online. Therefore, such songs are more likely to be misused and infringe the real owners. Identifying the owner of a musical work to decide what kind of protection it can provide is determined according to each country's copyright law. The Research paper tries to examine the Copyright law in India and analyse the changes that have taken place in the area and are yet to come.
Evidence is the most important factor in holding the accused guilty of a criminal offence. This paper discusses such case law Pakala Narayana Swami v. King Emperor, in which a man was brutally murdered by his son-in-law due to a financial issue. In the conclusion of this case comment, we shall see if the accused was able to escape the eyes of law or not.
The idea of ADR component in criminal preliminary outgrew a desperate need to give simple and open solution for helpless hoodlums who are at real fault for engine mishap cases and other frivolous criminal cases other than some considerate debates like marital issues, obligation recuperation and so on to save them from over the top postponement, high prosecution cost and inflexible method. The Legal Services Authorities Act 1987 has concurred lawful status to such placating endeavors which came to be known as Lok Adalat and the honor passed by it was given the situation with a common court order. Lok Adalats are presently obtaining another aspect to reduce the suit tragedies of the more fragile segments of the general public. It gives a legal discussion to the defendants to determine their questions through arranged settlements in presence of the Lok Adalat judges. The alteration affected to the Legal Services Authorities Act, 1987 out of 2002 gives the foundation of long-lasting Lok Adalat for the settlement of debates connecting with public utility administrations by applying ADR system to decongest the court
In today’s globally aggressive surroundings, Intellectual property has located itself on a pedestal within the context of financial boom and is becoming more and more vital. Intellectual property (IP) is the fuel that powers the engine of prosperity, fostering invention and innovation. Indian laws to be had wherein one could take help in case of infringement of his or her IP Rights. The intellectual belongings regulation permeates all appreciate of development opportunities occasioned with the aid of the commercialization of facts generation. Indian legal guidelines offer for each civil and criminal remedies for IP enforcement. The government has taken powerful steps in any respect degrees to put in force IP rights. The legal, administrative and enforcement machinery has been reinforced. The customs and police enforcement machinery has been streamlined and the measures for curbing piracy and counterfeiting associated activities have become steadily more effective. India has a completely huge copyright-based totally innovative enterprise. The Copyright Act is comprehensive and with the current amendments, the rights of creators had been strengthened This paper highlighted technological provision regarding intellectual property (IP) rights.
The constitution maker's key goal while drafting the Constitution of India was to ensure that the Indian legal system strived towards the welfare of the citizens and towards the improvement in standards of living. It was also laid down for the purpose of holding the authority responsible for the safety of its citizens. It is a fact that the people who get majorly affected are the ones who lack financial stability , especially the labour class can be said to be severely pressed. Thus, in order to safeguard the labourers and their rights specials provisions had also been laid down when the need for same was felt by the Indian Legislature, the concept of labour upliftment not being new to India.
India is known as a youthful country & is home to about one fifth of the world’s children. It is obvious from this statistic that if this young energy is channeled in the right direction the country can experience seamless growth & development. Considered a supreme asset, a child, in a reverse scenario may happen to act as a disruptive force to the highly susceptible social fabric. The world is not as simple as it was during the 19th or 20th century. Pace of human lives has gained momentum, perspectives have been altered, social norms have nebulized & competition has intensified. These complexities have influenced the 21st century child as well. Juvenile delinquency can be understood as the conduct by a juvenile/an individual who is below a certain legally fixed age, characterized by antisocial behavior which is beyond parental control and therefore subject to corrective action. Considering a child’s mental vulnerability & their malleable nature, the Indian juvenile justice system is based on the principle of reformative justice & social reintegration of children. A juvenile is afforded a treatment unlike that provided to an adult under the criminal justice system. However, since the rate of juvenile crime only increases with every passing year, an essential question confronts the juvenile justice machinery: Is the Indian judicial ecosystem well-equipped to deal with the nuances of the ever-widening scope of juvenile delinquency? The literature elaborated hereinafter, is an attempt to understand the position of an Indian juvenile delinquent in this day and age, through the dimensions of historical efforts, causal factors, the current scenario & the statutory aspects related to the point at issue.
The Fact Sheet of WHO 2019 on HIV/AIDS (HA) reports that about 38 million are Infected (HAI). The evolutionary patterns of the dreadful disease indicate an increase in the victimisation of innocents. Undeniably, the HA myths further stigmatise the victims. A closer examination of their sufferings reveals that the common violation denies their basic right to livelihood. The list of employment-based violations inter alia includes Unfair Treatment, Poor Employer-Employee Relationship, Discrimination amongst Peers, Non-Renewal of Work Contracts, Cheap Labour, Screening Test, Breach of Confidentiality, Termination due to HA Phobia, Undermining the Skills and Abilities, Absence of Health Services and Social Securities. Although the Convention on the Rights of Persons with Disabilities, 2006 appeals for non-discrimination of the disabled persons at work and employment (Article 27) it is HA-specific less. The International Labour Organisation (ILO), since the adoption of Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No.159) and that of the Code of Practice on HA and the World of Work, 2001 and through its follow-up Recommendation 2010, has revived the spirit of decent work and employment without discrimination for the HAI. By examining the lex specialis evolved by the ILO on HA, the author intends to examine the following: Why there is a non-liquet as to a Convention on HA? Are the ILO guidelines and recommendations on the right to decent work of HA comprehensive? How to implement the norms of ILO for the victimised HAI labour group? Methodology will be descriptive and analytical.
Covid 19 can be termed as an unnerving catastrophe of this millennium that turned the lives of everyone over the globe upside down. It was almost hundred years since the whole globe experienced such a pandemic after the outbreak of the Spanish flu of 1910. During the starting of the pandemic, the world had no idea on how to contain this deadly virus. The lack of preparation and drugs took the lives of millions. South Asian countries especially China, the European countries including Spain, Italy and even the most developed country, the USA became a graveyard during this time. The containment of the pandemic at any cost prioritising the ‘life’ for ‘living’, gradual shift to phased prioritisation of ‘living’ with ‘no sacrifice of human life’, finding the effective cure for the affected by promoting, supporting, encouraging innovations in the field, global cooperation in ensuring the availability, accessibility and affordability of the health care facilities and a host of challenges are being addressed both at the global level and the national level. The patent system, while incentivising the innovator, has structured itself to take care of the health emergency of the kind. The paper examines the Indian Patent system that can be utilised at every stage of challenge by the Government to ensure that availability, accessibility and affordability of health care products and processes gets top priority. In an emergency of this magnitude, can international obligations of enforcement of IPR be suspended by the member state is also addressed by the paper.
India does not have a dedicated cybersecurity law. The Information Technology Act 2000 (the IT Act) read with the rules and regulations framed thereunder deal with cybersecurity and the cybercrimes associated therewith. The IT Act not only provides legal recognition and protection for transactions carried out through electronic data interchange and other means of electronic communication, but it also contains provisions that are aimed at safeguarding electronic data, information or records, and preventing unauthorized or unlawful use of a computer system. Some of the cybersecurity crimes that are specifically envisaged and punishable under the IT Act are hacking, denial-of-service attacks, phishing, malware attacks, identity fraud and electronic theft. With the rise of digital payments, cybercrimes involving payment transactions in the online space have significantly increased and become complex. While the RBI has been active in requiring companies operating payment systems to build secure authentication and transaction security mechanisms, given that these payment companies often offer real-time frictionless payments experiences to their consumers, it leaves less time for banks and other entities operating in the payment ecosystem to identify and respond to cyber threats. In light of the above, there is an increased need to identify and develop cybersecurity standards commensurate with the nature of information assets handled by them, and the possible harm in the event of any cybersecurity attack, to ensure that these emerging risks are mitigated.
In the Indian tax structure GST is a biggest reform which will simplify the indirect tax regime in India and broaden the tax base and increase the revenue of the Central Government. Our previous tax system has various imperfections like complexity, cascading effect, lack of tax compliance etc. GST removed all these deficiencies in this present taxation system. This paper is aimed to analyse both on the positive as well as negative effects of Goods and Service Tax bill.
Disability is a vulnerable group in developing countries. India is one of the developing countries and has the largest population next to China. In India, we can see most feebler sections appear, particularly unsound mind persons or mentally ill persons. They are always kept in a corner and face discrimination in all the sectors. They are invisible, and no one gives value to them. They are excluded in every area, such as politically, socially, economically, legally even sexually also. They do not have the right to marry, adoption, and the right to reproduction. Even the legal system is also not protecting them. In this article, the author describes the various factors connecting to sexuality.
A deprivation of personal liberty prior to criminal conviction in modern legal system characteristically occurs as a precautionary measure to ensure the criminal justice is not frustrated or obstructed by those who may become subject to the process of preventive detention. Constitution of India also guarantees preventive detention laws under the VII schedule and rights of preventive detention under Article 22. Preventive detention laws in other countries are used only in war but in India it is also used in peace time. But nowadays preventive detention laws are used according to the whims and fancies of executive authority. Recently also we could see how national security act was stringently used in Jammu and Kashmir. Now it’s time to maintain constitutionalism within the country and the executive power needs to be controlled and judiciary in India should exercise its power in order to look that executive power is properly used. In the area of preventive detention the range of administrative control over an individual’s personal liberty is wide so the doctrine of judicial review should be exercised to check the arbitrary power of executive authority. This article wishes to define the contours of preventive detention laws in this 21st century and to find effective measures to ensure personal liberty.
Human suffering in the form of any kind of victimization is as old as human civilization itself. Despite being an integral part of crime, victim still remained a ‘forgotten entity’. The antagonistic approach of justice had worsened the plight of victim in our criminal jurisprudence. It is the demand of justice that when the governments are obliged to resort feasible measures for correcting and rehabilitating the offender, the victim must also be manifested with similar concern by providing at least adequate compensation for their misery, apart from satisfying the victim by the convicting the offender. It is very essential to provide the victim with central role otherwise their situation in criminal justice system remains discontent. The aim of this paper to analyze the status of victims under Indian criminal jurisprudence and what assistance are available to victims as a matter of right and what different rights which are available to victims in the whole process of criminal justice administration, along with the matter of legal aid and change in the trend of compensatory jurisprudence.
A refugee is said to be any person who is forced to leave his country out of a fear or persecution. The 1951 United Nations Convention Relating to the Status of Refugees defines refugee as a person who, “owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country. The OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, 1969, extended the definition in the 1951 Refugee Convention to include in the term ‘refugee’ also every person who, owing to external aggression, occupation, foreign domination, or events seriously disturbing public order in either part or the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality. The Cartagena Declaration on Refugees of November, 1984 laid down that the definition of refugee could not only incorporate the elements contained in 1951 Convention and the 1967 Protocol, but also cover persons who have fled their country because their lives, their safety or their liberty were threatened by a massive violation of human rights. Therefore, refugees are civilians who no longer receive protection from their government. They are people who have been displaced from their Home states. The concept of refugees has been cause of concern for International Humanitarian law since time immemorial. Most countries have their own laws with respect to the process of status granted to refugees. Refugees are generally not automatically admitted in a country and placed at an equal footing with the citizens of that country. Since a refugee is an alien entity, countries have to fulfill a number of criteria before admitting a refugee. What further complicates the matter is the changing scenario of the world in recent times. With the advent of globalization, the free movement of people has also led to an increased movement of refugees. The concern in case of a refugee is not just limited to the individual refugees but also the matter of relation between the two states between whom the movement takes place. For example, if the two states are not on good terms then the refugee entering the country may be viewed as an enemy of the nation. Since a refugee flees his country out of fear for his life and liberty, there is a need to understand the human rights aspect of refugee laws. This could help restructure refugee laws in countries. It is essential to protect and respect the human rights of refugees where they re-settle. States can attempt to provide some level of protection in order to ensure minimal right to life and liberty is now upheld in the country in which they seek refuge. In the past, the refugee problem was only seen as a humanitarian problem and not a human rights problem. However, there is an urgent need to introduce human rights law into humanitarian refugee law in order to ensure welfare and safety of all. There is an increased role of the United Nations, essentially the United Nation Human Rights Commission (UNHRC) in ensuring protection to the refugees and making the world laws towards refugees more inclusive and humane.
To account for Legal Services Authorities, a Legal Services Authorities Act was framed so that poor and weaker sections of the society can have free and adequate access to the legal services of the country and so that there are enough opportunities to secure justice and it can't be denied to any person who wants to seek justice due to his economic incapability and other factors. Lok Adalats are organized to ensure that People from weaker sections of the society are not denied justice, and it should be promoted on the basis of equality. The objective behind the enactment of this Act is that disputes can be amicably and speedily disposed of, and its enactment has divulged it as very effective legislation. An alternative for the ADR mechanism is Lok Adalat; it is a type of assembly where disputes pending before the courts of law or are at the pre-litigation stage are settled agreeably. Lok Adalat has been given legal status under the Legal Services Authorities Act, 1987.
Sport is a massive industry, accounting for more than 3% of global trade. The English courts have long recognized that sports-related issues are best handled preferably through the use of a quasi-independent, arbitral-based disciplinary process. Sport, in particular, exemplifies the advantages of alternative dispute resolution (ADR) over judicial proceedings. When opposed to litigation, Arbitration is time-tested and cost-effective. Arbitration is a private and confidential process designed for rapid, practical, and cost-effective resolutions. Sports arbitration is a growing discipline of alternative dispute resolution that incorporates new ideas and techniques to meet the unique needs of sports conflicts. Under Indian law, sports arbitration is still a relatively new concept. The Court of Arbitration (CAS) has had its global forum mostly ignored in India. Section 34 of the Arbitration and Conciliation Act, 1996 allows Indian courts to overturn a foreign arbitral tribunal's decision. As a result, even a sports arbitral award must be inspected by Indian courts before being enforced in India. Even if an award is not contrary to public policy, the right to challenge it under section 34 of the Act for any other reason cannot be taken away. The Article explores the framework of the Court of Arbitration (CAS) in light of relevant rulings and takes into consideration the presence of Arbitration pertaining to matters of sports law in India.
One of the biggest threats to human life is air pollution. The range of air pollution in Delhi and the measures implemented to reduce them have endured many changes. As per a report by the Energy Policy Institute at the University of Chicago (EPIC), India's 1.3 billion residents face annual average pollution levels that surpass guidelines as set by the WHO. The study also revealed that over 52 crore Indians have reduced life expectancy due to air pollution. Affecting over 40 percent of our population, air pollution is a major public health issue. This paper provides detailed views of the author regarding the emerging increase in air pollution and its causes and measures that have been implemented.
People have often discussed what a surveillance state would imply. However, with Facebook/Meta revealing its plans of creating a metaverse, a new discussion needs to be had about not just a surveillance state but also surveillance capitalism and mass surveillance. It begins with a brief analysis of witch trials as a product of pre-digital era surveillance. This paper outlines the role of surveillance in today's society and delves into its impact on human rights and democracy; while exploring the legal and social paradigms of living under surveillance capitalism. It further elaborates upon how mass surveillance is detrimental to the democratic process. This paper firmly ascertains that Mass surveillance has led to the commodification of humans owing to an apparent lack of informed consent and massive information asymmetry. Further, Mass surveillance has led to a significant destabilization of the democratic process with attacks on whistleblowers, journalists, and opposition leaders. The quality of democracies has further deteriorated owing to the workings of companies like Cambridge Analytica and software like the spear-phishing software- Pegasus.
In regard to population, India stands the second position in the world after China. In very few coming years, India is destined to become the most populated country globally, surpassing China, if the population growth and the fertility rate in the country continue at this pace. The adverse effects of it on the social and economic status of the country are going to be huge and beyond imagination. The country's situation is already reeling under growing unemployment, decorating health care conditions and facilities, increasing pollution and environmental damages, rising costs of essential commodities, depleting natural resources, etc., is going to deteriorate. The innovative and other steps taken by the government and other stakeholders like the NGO', social organizations, welfare groups, etc. to curb population growth have practically failed to reveal any positive results, and unless stringent measures are taken in this regard, we can only look into a dark and bleak future for India. The time thus has already come to take leaping legislative and robust regulatory steps to overcome the menace of population growth; otherwise, things would get out of hand. Many of our parliamentarians who have already awakened to the situation over the years have presented private bills before the Lok Sabha regarding cutting down of benefits of welfares, subsidies, etc. doled one by the government, for those having more than two children and also taking of drastic measures to curtail some of their rights. While their legislative steps proposed have been ignored or not discussed seriously, the situation presently calls for making their strict actions a reality by way of legislation and implementing it effectively and strongly with timely monitoring.
The Positive Economic Theory of Tort Law is the product of two great academics, Richard Posner and William Landes. Posner is a judge, while Landes is an economist. The Theory simply asserts that the optimal approach to view tort law is to assume that legislators enacted it to facilitate the efficient use and distribution of limited resources. A foundational economic notion that has been applied to tort law. The tort law system may become much more efficient and resilient by integrating economic principles of optimum precautions to liability standards. It will be attempted in this paper to integrate Ronald Coase's economic models into specific areas of tort law, particularly liability rules such as Negligence, Strict Liability, and Fault Liability, and it will also discuss the advantages of using economic models to better understand legal principles in Tort. However, prior to doing that, the study will seek to grasp the Economic Theory of Tort Law — How it evolved and the underlying assumptions behind the theories. The author has conducted a strictly doctrinal investigation on the subject matter. The models developed have been corroborated in the context of logic, mathematics as well as the fundamental assumptions of economics and tort law as a whole.
On September 25, 2020, the Permanent Court of Arbitration at the Hague ruled in favour of the telecom giant Vodafone in a $2 billion (Rs. 20,000 crores) retrospective tax dispute against India, initiated under the India-Netherlands Bilateral Investment Treaty (BIT). The Tribunal ruled that the Government’s imposition of tax liability on Vodafone is in breach of Article 4.1 of the India-Netherlands BIT providing for fair and equitable treatment (FET). India had 90 days to file an appeal against the aforesaid decision in a Singapore appeals court, which it did in the month of December 2020, quite close to the deadline. The Indian Government has challenged the award on the ground that India has the sovereign right of taxation on which private individuals cannot decide and that the matter falls outside the domain of a bilateral investment treaty rendering it beyond the jurisdiction of international arbitration. The Government apparently thought it fit to challenge the award as it had questioned the right of a sovereign to levy tax and not on the tax demand per se. The above stance taken by the Government in the appeal raises issues pertaining to the objective of standard bilateral investment treaties, which are generally titled as agreements for promotion and protection of investments, and contain provisions on ‘protection’ of investment. A good bilateral investment treaty, which is necessary for adequate FDI inflows, is characterized by ensuring a balance between the competing interests of the foreign investor and the host country. India’s previous BIT Model of 2003 was known to be excessively investor-friendly, giving preference to investment protection over the State’s right to regulate. On the other hand, the 2016 Indian BIT Model is drastically different in form, structure, content, and accords increased importance to the State's regulatory powers. India is now signing BITs either based on the 2016 Model, which has a highly restrictive ITA (Investment Treaty Arbitration) provision, or which do not have ITA provisions at all, such as the India-Brazil BIT. One wonders as to why there is this sudden and significant shift in the Indian Government’s approach towards investment treaty disputes and whether or not an ideal balance between protection of foreign investment and the State’s regulatory powers is achievable. What is the nature of bilateral investment treaties, and do they inherently tend to unduly restrict the sovereign space of host countries? This paper attempts to find answers to these questions through an informative study of BITs and the 2016 Indian BIT Model in particular.
The rule of law and human rights are closely associated with due process. In this procedure of criminal justice administration, arrives a topic of general and significant concern – Arrest. Arrest consequentially brings custody and detention. Detention results in loss of liberty and hence, loss of dignified life. This paper endeavours to evaluate the concept of Arrest and what are the outcomes of it when it is conducted. Whose life liberty gets at stake, along with the efficiency to execute the laws and maintain law and order, shall be the core subject matter of the instant work.
Corruption has been widespread concern for all democracies over the world. It has been prevalent for centuries together. Corruption has stretched its tentacles far and wide, from the womb to the tomb, from the maternity hospital to the cemetery. However, there is no one-size-fits-all solution to the problem of corruption. Promoting a transparent and open government is the best approach to combat corruption. Participatory democracy requires administrative transparency and accountability as a sine qua non. Transparency is the milestone of Good Governance. Only when the public has access to information can there be transparency. The free flow of information is essential to the health of a democratic society. Several laws exist to allow the free flow of information and to promote transparent and open government in order to lessen the problem of corruption. The notions of transparency, statutory bodies for fostering openness, the problem of corruption, numerous legislations, law commission findings, and international treaties to combat corruption are discussed in this article.
Man-made global warming, in all likelihood, will get worse already modern-day human tragedies of conflict, starvation, obvious inequalities, poverty, flooding, extended droughts, erosion, intense climate and contamination. Humans are an increasing number influencing the weather and consequently the Earth's temperature thru burning fossil fuels, slicing down forests and farming farm animals. The troubles with the fossil gasoline age are grave. There are four important grounds that cause trouble: Coal and Oil, which cause environmental pollution, contain chemical substances and particles that damage the health of human beings and the surroundings in and around people. There is a emit of carbon, nitrogen oxides, aromatics, benzene and sulfur in a large amount into the surroundings. The oil that gets spills into the ocean and air emissions have crucial and prolonged-time poisonous results. Fossil energy has many hidden costs. When costs of Eco-device that are damaged cause environmental harm and weather alternate are blanketed within the everyday money owed; fossil fuels which are now not of any profitable. Human-added about global warming is presently increasing at a fee of zero.2°C according to a decade. The worst effects of weather exchange may be irreversible by 2030. It has been more than millions of species are at risk of extinction by weather change. The influences on human fitness are an awful lot scarier than any clown movie. This is the most vital long-lived "forcing" of climate change. Our weather systems are already converting, resulting in more unexpected climate, extreme weather that causes storms, droughts, heavier snow in wintry weather seasons, frequently floods occurs every year, forest fires and difficult and several issues for agriculture. Society’s susceptibility will increase rapidly without the huge development of opportunity power assets. While we can not prevent worldwide from getting warm overnight, or maybe over the following several years, we will slow the fee and limit the quantity of global warming with the aid of way of the use of lowering emissions caused by humans of gases and black carbon.
Of late, a great deal of attention has been paid to culinary art. This is essentially due to the plethora of emerging cooking literature, television cooking shows, celebrity chefs’ social media, and competitive cooking programs, thereby creating a popular food culture like never before. Aided by the ease of sharing and accessibility of such food recipes and food presentation skills on social media platforms, food has become a matter of status and trend in recent times. Over the last few decades, our intellectual property rules have evolved significantly. Gone are the days when IP was thought to be limited to "copyrights for books" and "patents for innovations." Even an invented phrase for a culinary product (for example, "Frappucino" for cold coffee) can be protected under trademark law today. Patent law can protect even the most fundamental of inventions, such as how to fold a paper packet for sale. As a result, thanks to the advanced and comprehensive IPR framework, each step where one can add ingenuity, whether scientific or artistic, is entitled to IP protection. Food plating, or food sculpture as it is better known, is both a science and a skill that can be perfected. Chefs are sought after and recognized all over the world for their self-taught culinary skills and presentation methods. Chefs think about food plating in the same way that corporations think of brands. Copyrighting the art of plating will help to establish a unique relationship between the chef and his creation. It will also give him the authority to prevent other chefs, hotels, and restaurants from replicating the way he displays the food. Food plating is a unique art form; therefore, it will be interesting to see what kind of intellectual property will be used to protect it.
The article focuses on the link between the decriminalizing of marital rape and how important society considers a husband in a marriage in India where his needs are respected, but a wife’s consent is not. To date, daughters are taught to keep the husband happy and prioritize the husband’s happiness over hers in our society which directly reflects on the mindset of our society and the suffering we are inflicting upon the daughters of our society by asking them to tolerate and suffer anything as long as it is keeping your husband happy, even if it means parting away with your self-respect. The article dwells upon how decriminalization of marital rape is further propagating the patriarchy and strengthening society's narrative of treating your husband as a god, which is quite problematic for society. The article further discusses the counter-arguments that are raised with the criminalization of marital rape and how India is capable of removing those minor obstacles to fulfil the major objective of creating a safe society for women by a small step of criminalizing marital rape in India.
The fashion industry is a fast-paced emerging sector that contributes to the economic growth of a country. Fashion designers work day & night to come up with a design or a product that is unique & never seen before, for which they gain fame, recognition and money. But as soon as such designs & products are released in the market, several people copy and make fake designs/ products ripped off from the original. Fashion designs & products are the intellectual property of the designers, and they need to be protected. This is where intellectual property rights come into the picture. The main objective of this research paper is to understand the role of Intellectual Property Rights in the Fashion Industry. The researcher has adopted doctrinal research methodology to carry out the research. Fashion designs & products are sometimes copied wholly or partly, and certain people sell the exact replica of the designs and products at a lower price, without the authorization of the owner. The researcher has discussed the ways in which fashion designs and products are copied and pirated. Fashion designers can protect their intellectual property rights by obtaining a trademark, Copyright or patent for their creation. The researcher has shed light on how Copyright, trademark & patent protect the creation of fashion designers. In India, laws governing the fashion industry is not present in single legislation. Several legislations are applied to protect the designs and creations of the designers. The present research paper discusses the legislations that are available to fashion designers to protect their designs and creations.
The Constitutional Amendment Act 1976 is one of the most controversial Amendments of India. It is referred to as the Mini Constitution of India as it sought to rewrite the Constitution by amending a large number of provisions of the Constitution. It consisted of fifty-nine provisions, of which 57 dealt with substantive and permanent changes in the text of the Constitution, while the last two were transitional in nature. To be more precise, it runs through the entire length and breadth of the Constitution right from the Preamble down to Article 368 and the legislative lists as well. The 42nd Constitutional Amendment in India is well known for its controversial changes and inclusions. The changes were undertaken in consonance with the suggestions made by the Swaran Singh Committee constituted for the same purpose by the then Prime Minister of India, Mrs Indira Gandhi and introduced by Shri H.R. Gokhale, the then Law Minister in Congress regime. One of the most interesting facts about this Amendment is that it was introduced during the period of Emergency and when most of the opposition leaders were behind the bars Supreme court, through Minerva Mills v. Union of India and the 43rd and 44th Amendments in 1977 and 1978, undid most of the provision of distortions introduced by the 42nd Amendment.
We often come across sections that cannot be analyzed without looking into the history and purpose of the birth of the section. Section 53-A is one of those sections where the crux of the issue cannot be understood until there is an investigation into the process of its formation. The essay delves deep into the explanation of what Section 53-A entails and the intention of its addition. The section in question was a direct borrow from the colonial masters themselves and would not have existed if it were not for the laws of equity. Section 53-A states that if a person has taken possession of an immovable property on the basis of a contract or agreement of sale and has either performed or is willing to perform his part of the contract then, he would not be ejected from the property on the ground that the sale was unregistered and that a legal title has not been transferred to him. While the section was directly borrowed, it left huge gaps for misinterpretation. Thus, the process of crystallization and concretization of the section would be incomplete without judicial interpretation of the same. Post these interpretations and certain amendments, there were still many speculations about the position of law on certain questions, and these have been effectively tackled in the essay. Thereafter, the essay goes on to discuss the nature of rights provided by the section for the transferee. In India, the equity of par-performance is passive equity: it can be used only as a shield, not as a sword. The essay then explores the reason for this. The concluding remark of the research paper establishes the fact that regardless of all the questions raised, the ultimate goal must be to protect the rights of the vulnerable, in this case being the transferee.
This research paper talks about how fingerprint plays an important role in a criminal investigation. With the help of introducing the fingerprint method, it not only reduced the burden of investigating agencies but also helped to solve the cases faster. Hon’ble Court accepts reports of DNA test and fingerprinting due to the scientific method used and its accuracy, but Judges does not rely completely on it; they apply their mind before pronouncing the judgement and gives fair hearing opportunity to the witnesses so that hidden facts can also be revealed. The reason behind it is scientific evidence or tests can only show the results of the test is done, but it cannot reveal hidden facts like the act done is whether the act of defence or crime. In most of the cases (especially Rape Cases), it was found that Court relies on scientific evidence’s reports like DNA tests. William E. Gladstone also says, “Justice delayed is justice denied”. So, we can conclude that this test plays a vital role in the criminal investigation, along with it reducing time also.
Obesity has become one of the common health concerns around the world. A survey by National Nutritional Monitoring Bureau (2017) has revealed that half of the Indian population were overweight and obese. To put a cork to this epidemic, the National action plan for prevention and control of non-communicable diseases has developed several policy measures, one such being the implementation of Fat Tax. It is a kind of surcharge levied on foods and beverages high in fat or sugar, which in long consumption induces obesity. Incentives by the governments to develop the food industry had increased the production of items rich in fat, sugar, and salt. This had an adverse impact on the health of the public. Thus, the implementation of a fat tax might thwart such unhealthy consumption among the public and encourage people to make healthier food options. However, fat taxation faced several challenges during implementation in other countries. A question also arises as to its efficacy to bring down the burden of non-communicable diseases. This article tries to understand the impact of the Fat tax on public health and tries to provide suitable suggestions to overcome the challenges in its implementation and effectiveness.
In Gandhi's words, "the grandeur of a country may be evaluated by the treatment of its animals." Humans have long had a strong belief that they are the superior or more "advanced" race on the planet. They've established a government and, for the most part, a state of their own. Societies that value civility and compassion extend these values to their animals in the same way that they do to their inhabitants. One of the most significant developments in the field of animal rights has been the extension of fundamental rights to non-human animals. This article analyses the role of judicial pronouncements in recent years in declaring and upholding fundamental rights for non-human animals. The inclusion of non-human animals under the ambit of Article 21 of the Constitution of India is not justified for several reasons, including the fact that rights cannot exist in isolation from duties and that non-human animals cannot be entitled to “personhood”. Granting fundamental rights to animals has a plethora of social, religious and legal implications. The need to protect animal rights and prevent animal cruelty is duly acknowledged, but the means to do this would be by strengthening existing legislation and provisions rather than guaranteeing them fundamental rights under the Constitution of India.
Competition Authorities tend to regard control over mergers and acquisitions by large and powerful companies as one of their most critical concerns. Not only are they concerned with their Conduct but also the possible Anti-Competitive effect on the relevant market. Globally, an Ex-Ante screening of mergers is common to all Anti-Trust Jurisdictions. In India, the Competition Act, 2002 has comprehensive legislation on Combination Regulations. However, it has become an unruly practice for Parties proposing to enter into Combination to consummate the transaction even before the approval of the Anti-Trust Watchdog is received, thereby reducing the legislative Intent behind the Combination Regulations to a nullity. The term ‘Gun Jumping’ does not find a mention in the Indian Anti-Trust Jurisprudence; however, it traces its roots to the global Anti-Trust Jurisdictions of the US and UK. In India, gun-jumping has primarily evolved through precedents. However, considering the increased amount of Merger and Acquisition activity in the Economy, a need is felt to bring in more clarity on the concept of Gun Jumping. The accompanying Research Paper aims to explore the concept of ‘Gun Jumping’ along with a comparative Analysis with Global Anti-Trust Jurisdictions.
This article aims at conceptualizing the idea of energy poverty using the capability theory of Amartya Sen. This conceptual experiment is not a novel attempt, and few scholars have already invested in it. In this article, the author have critiqued the definition of building exercise by energy law scholars. They have attempted to define energy poverty purely on the basis of the capability approach. The exercise of constructing a uniform definition of energy poverty on the basis of capability is an oxymoron as the nature of capability is subjective and incommensurable. Therefore the principal argument is that the capability approach is useful to conceptualize energy poverty, but it cannot be used to define it. The approach of capability provides a comprehensive informational base to the policymakers to make decisions as to energy justice. This principle argument is a novel addition to the existing literature on the capability approach and energy poverty. Therefore, the efficient way to use the capability approach is for enhancing the informational focus for making sound decisions and policies.
In India, the ancient old practice of child marriage is still prevailing in society. The government, with an aim to end such practices, has made laws over the years, the effect of which is apparent, at least in urban parts of society. But additional efforts are needed for improvement in rural areas. The practice of child marriage is still common in rural areas, which is motivated by poverty and illiteracy. According to National Family Health Survey-5, in rural areas, there are still 27% of women aged 20-24 years who were married before age 18 years. This gross violation of human rights needs to be stopped. Fortunately, the government has always felt the same need and has made efforts to end such practice; one of the examples of such efforts is the Prohibition of Child Marriage Act, 2006; this Act is considered as the most substantial development done in the laws to tackle the problem of child marriage, after the implementation the Act there was a high drop in the number of child marriage. Another bill that seeks to bring massive developments in-laws for the betterment of the children is in progress. An Attempt has been made in this paper to discuss the child marriage law and its developments over the years.
Research is defined as “the creation of new knowledge and/or the use of existing knowledge in a new and creative way so as to generate new concepts, methodologies and understandings. This could include synthesis and analysis of previous research to the extent that it leads to new and creative outcomes.” Therefore, research is used to further develop the aspects or nuances of a particular area or subject by using the information already available. It is a very important tool because it can continually refine any topic or theory relating to a subject. There are various components of a research paper such as title, abstract, literature review, research methodology, data analysis, research problem, research questions, research objectives, research statement and conclusion. However, a research problem is the basis of a research paper. It is a difficulty, gap, problem or shortcoming which needs to be addressed in the area of research that the Researcher wishes to undertake. Only when a research problem is identified the Researcher can analyze the issues in that particular area and provide the solutions to the problem identified. Framing an articulate and precise research problem is crucial to writing a quality research paper because the success, appropriateness and novelty of a research paper are dependent upon its research problem. The formulation of a research problem may be understood in a better way by understanding the following example. If a researcher wants to critically evaluate the statutory provisions concerning the Independent Directors in India, then the research problem would be stated as follows: “Despite the efforts of the Regulators in India to achieve good Corporate Governance through the introduction and constant evolution of the concept of Independent Directors, corporate scams such as PNB and IL&FS hint at critical evaluation of the role and the legal framework with respect to the Independent Directors. From these instances, it can be seen that the provisions of law relating to the Independent Directors have proven to be insufficiently effective. Especially in the times of COVID-19, when businesses and financial markets have been reeling under economic pressures, the contribution of the Independent Directors to achieve good Corporate Governance has become more crucial than ever.”
It is said that marriages are made in heaven, but in reality, it requires two human beings to build it together. Alas, there is no heavenly hand to save or construct the same, but it boils down to two mortals. The historical reasons for making marriage an infallible institution has undergone a sea change since post-independence. The growth of strong individualism, gender equality and woman empowerment make it now necessary to revisit the grounds on which separation can be awarded. The law, in its inception, tried to control the institution with almost restrictive choices to the individual spouses, but the concept of Incompatibility now would empower a mature spouse to take a decision of his or her choice when it becomes ‘incompatible’. What is incompatible can easily be enshrined by law or recognized by judicial principles so that one spouse does not exploit this freedom.
This internet age is marred by digital privacy scandals, which pose a conspicuous threat to organizations, governments and citizens. Data being an invaluable asset and the world economy being centred on its smooth flow comes with its own pros and cons. The world is inevitably at odds when it comes to tackling the sensitive information of its citizens, and data breaches are usually investigated with heightened fear. Privacy is a very slippery world, and the digital world surprisingly suffers from a lack of estimates making it more difficult than ever to draw the line. By essence, the right to privacy is a fundamental right, and despite these constant threats, it is imperative that our government does not deprive us of it and not cross boundaries in this process.
In India, the Juvenile Justice Act of 2000 was the more extensive field of counteraction of Delinquency by acquiring youngsters needing care and assurance inside its ambit just as making arrangements for managing kids who are affirmed or found to have submitted an offence. This specific paper analyses the hypothesis and practice of the laws identifying with the adolescents who have submitted offence and makes just context-oriented references to the arrangements managing the adolescents needing care and assurance”. Kids who have committed a crime in India have for some time been perceived as not quite the same as grown-ups or adults who have committed the crime even after the appearance of British laws. Separate disciplines were recommended for kids who submit offences under Hindu law, just as the Muslim law. The cutting-edge history of Juvenile Justice in India starts from the extended period of 1850 when the principal law was instituted managing kids younger than 15 years who submitted Petty offences or were tracked down transiently. This paper will revert into the historical “backdrop of juvenile law in India beginning around 1986, in an undertaking to characterize and set the extension for the term juvenile, with an examination of adolescent law in different nations for auxiliary research questions.
With the change in time and technology, there is a lot of change in the working of the people, with respect to their means and methods. There is thrive for easy working tools in all the sectors of the economy which a person desire. With this main aim and purpose, the Companies Act 2013 came into force. The primary objective of the revisions made to the Companies Act 1956 was to have a simplified law that will be able to address the changes taking place in the national and international scenario, enable the adoption of internationally accepted best practices and also provide flexibility in response to the ever-changing business models. One such change bought under the Companies Act, 2013 was the concept of Dormant Companies. In common parlance, the word “Dormant” means inactive or inoperative. A dormant company is an excellent opportunity to start a company for a future project or hold an asset/intellectual property without having significant accounting transactions. Even those companies which have failed to file their annual returns for the two consecutive years can be considered to be called dormant companies, which in itself indicate the beauty of Section 455 of the Companies Act, 2013, dealing with the law of Dormant Company. In this paper, the researcher carries her research through the doctrinal method to determine the fact-situations and grounds related to the research topic. The research is mainly based on secondary sources such as academic articles, books, journals, newspaper articles, other related online sources, etc., which are available relating to the concerned study. Further, the researcher will adopt the bluebook 19th edition technique to cite the different resources of the various jurists.
The intertwined relation between AI and Human Rights creates space for cracks in the books of our constitution with the absence of a framework in existence in India. With the accelerated era of digitization around us and no accountability, AI poses a threat to our fundamental rights. A constant dismissal of the right to equality, right to privacy, right against discrimination and right to the profession in the near future unfold one by one. The issue underlines within the roots of human-centric values not portrayed in artificial beings, which could presumably be another being of creatures living with us for which their protection of rights and their understanding of our rights have to be defined. But how does such a situation play out when they are built to be stronger and smarter than the human race altogether, and in lieu of the same, the European Parliament has issued guidelines to lay out the ethical implication of AI to coordinate with integral human values, the US has developed strategies through private entities which are at bay, and the Indian government yet has to propose rules and guidelines on the same. Stephen Hawking stated, “The development of full artificial intelligence could spell the end of the human race. It would take off on its own and re-design itself at an ever-increasing rate. Humans, who are limited by slow biological evolution, couldn’t compete and would be superseded.” The combination of the current issues that result in a violation of our fundamental rights that need recognition and regulation and the possibilities of serious threats in the future with little to no certainty, the objective of this research paper is to research and survey the outcome of the problem and provide a solution by means of a regulatory framework.
India is the second-largest defense importer, so it's imperative for the government to enter into agreements with different businesses or countries. With that, it is natural to lead to an increase in disputes arising out of those contracts and needs the judiciary to interfere and scrutinize the contract, just like in the case of Rafael deal, an Inter-Governmental Agreement to purchase 36 Raffael Jets in a fly-away from France. Soon enough, it created a series of political Ripples around the country, with politicians making allegations like price escalation, infirmity in the decision-making process, and favoritism to a particular tender started to arise. It finally reached the gates of the apex court, which after hearing, both parties dismissed the petitions. It held that the nature of tender in question is sensitive. Defense tender is not a construction of roads or bridges but regarding the procurement of fighter jets required for the nation’s military strength. It requires different considerations not in the court’s expertise to scrutinize. The government is considered the guardian of the state’s finance and is trusted to protect it. For that constitution grants great flexibility to use its discretion to enter into a contract with any individual and to choose the terms and conditions. Price cannot be the sole criteria, and the considerations can vary depending upon the nature of the contract. Article 226, 227, and 32 of the constitution grants the judiciary power to use its judicial mind and review the contracts within the walls of separation of powers. They can’t check the terms and conditions of the contract but can test its validity on the anvil of illegality, procedural impropriety, or irrationality. The court is primarily concerned with the decision-making process or how the government made the decision and if there is a violation of principles laid down in Article 14 of the Constitution. Any decisions taken must be in the public interest, and for the public good, as in some cases, it can become counter-productive by causing injury to the public in general.
Forgery is not a fierce crime. Rather it's an art, and it requires artistic qualities to commit undetectable forgery. But here, the word art is not used in a positive sense and equating it with something as pleasant as the art will not absolve it from being a crime. In ancient society, most crimes were physical crimes, and the laws were made to prevent those crimes. The era of documents came when the testamentary wills & documents were issued for the proof of holding property which led to the creation of false documents with an intent to prove ownership on other’s land. In India, forgery was mostly done for the purposes of obtaining property & matters related to adoption. This was done through forging documents of wills, signatures, and negotiable instruments. The article tries to make understand its readers how forgery became a separate crime and, at the same time, its inclusion in the common law. Also, the article tries to know how flexible the crime of forgery is & its development in India.
The project revolves around two agreements, i.e., TRIPS 1994 and Paris agreement 2015. TRIPS stands for ‘Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and all the member states of WTO are parties to TRIPS. TRIPS plays a crucial role in implementing the trade-in knowledge & creativity and helps achieve the internal policy objectives framed by each Member State. The TRIPS empowered the State to plan its own approach to IP protection & enforcement in consonance with the State's public policy goals. Apart from this, the TRIPS also promotes technology transfer and the social & economic welfare of the member States. The primary objective of the TRIPS is to create a balanced IP system. Now, the second agreement is the Paris agreement on climate change which is binding on 196 countries. The agreement aims to reduce the rate of global warming below 2 degrees Celsius. For this, the member countries have to reduce their greenhouse gas emissions, and this social & economic transformation requires the best available knowledge & innovation available globally. Here, the TRIPS will come under the picture because one of the visions of the Paris agreement is the transfer & development of technology to fight against climate change and reduce greenhouse gas emissions. The work will revolve around three questions, i.e., How does the present framework of TRIPS contribute to the implementation of the Paris agreement?, What are the changes required in TRIPS & in the approach of the WTO member states in the proper implementation of the Paris agreement?, and What are the possible solutions to the challenges faced by the TRIPS in implementing the Paris agreement?
The growth of the nation is directly proportional to the welfare of children and women. Children at the age of dreaming fantasies should be pampered with care and motivation. Protecting children includes safeguarding their dream and the growth of the nation. However, in India, the crime rate against juveniles is getting intense day by day. Juveniles all over the world are being major victims of many crimes; one of such common crimes is child labour. This paper attempts to throw the light on laws protecting juveniles, causes of child labour and solutions to child labour. Section 2 (35) of the Juvenile Justice (care and protection) Act, 2015 defines who a juvenile is. The history of civilization reveals juveniles were materially tortured, caged, exploited and killed. Hunger and poverty are the two main rudiments that drive the children to hunt for jobs. The Indian government has endorsed certain commandments to protect children from exploitation. Children between the ages of 14 to 18 are termed an adolescent. They can be employed if it does not violate the laws in the factories Act, 1948. Crimes against juveniles are punishable under special laws. According to the survey of the International Labour Organization, it specifies that India alone contributes 7 per cent of the total child labours in the world. The contribution of the Indian judiciary system toward child labour is highly laudable.
The first half of the article traces the history of the PWDVA and other IPC sections dealing with dowry death. The Act's provisions are detailed in the second portion. This section also covers the procedures that must be followed in order to comply with the Act. "The psychological toll on women facing domestic violence has been intensified by being locked in the same space as their abusers during the lockdown." External forms of support, such as family, friends, housing, and income, are critical in evaluating a woman's capacity to escape an abusive relationship or household. This article examines how the lockdown and the pandemic have hampered women's access to these resources, with a focus on the right of residence and shelter home. Finally, while establishing support systems for emergency events such as natural disasters and pandemics, women and girls' disproportionate access to resources must be taken into account." The paper concludes by looking at how the Act was implemented during the lockdown, how the state machinery failed to perform its tasks, and how NGOs stepped in to offer services that the state was intended to give.
The aim of the article is to analyze the Kelsian view of Law and Justice as a pure enterprise free from societal constructs and political contexts. The Paper concludes by answering the question of whether such a view of Law is approachable in the Indian legal system. The article navigates between Kelsen’s famous theory of the ‘grundnorm’ and the ‘is and ought’ dichotomy, which is the cornerstone of his entire Philosophy of Law.
This paper deals with the first step of any type of research, be it legal, sociological or philosophical. The author here tries to give a brief introduction about the research ethics in legal and sociological research. The paper deals with an introduction to research and ethics along with the ethical standards of research and a discussion about the applicability of ethics in the writing of a research paper. The point of legal sanction and morality of research has also been pointed out. The paper also discusses plagiarism and provides a brief description of it and the increase in technology that has made plagiarism quite easy and also the technology to counter it. In concluding remark, the author has tried to give importance to the ethical committees regarding the checking of research works and to make them more vigilant with respect to the new research works.
The Association of Southeast Asian Nations (ASEAN) is the Regional Intergovernmental Organization established to promote regional peace, regulate economic growth and provide assistance to each other. This research will analyze the relation of ASEAN with India and China. These both nations are developing nations that are more powerful than the ‘Founding Nations’ of ASEAN. These nations become a member of the ASEAN Regional Forum (ARF) and Dialogue Partners of the ASEAN. After analyzing, the main focus will be to compare their relations and to understand the impact of both nations foreign policy on their relations with the ASEAN. This research will also put some light on India’s Act East policy and South China Sea Dispute and its effect on India-ASEAN-China trilateral coordination.
Under Article 41 of the Statute of the International Court of Justice, the International Court of Justice is empowered to indicate interim measures of protection to preserve the rights of parties to the proceeding. This power may be exercised by the Court if it “considers that circumstances so require”. These “circumstances” have not been defined or qualified in the statute of the Court, and therefore the Hon’ble International Court of Justice, through judicial interpretation, has formulated the essential elements that constitute these circumstances. In this paper, the nature of the conditions required for the indication of interim measures of protection by the International Court of Justice has been analyzed. These principles have been evolved through the years and have attempted to strike a balance between respect for the national sovereignty of the State and the need to ensure that justice is fulfilled.
The demand for extending intellectual property protection to agriculture has met with counterclaims for granting farmers’ rights. This paper argues that the status of farmers as breeders and conservers of traditional knowledge will enhance only if the intellectual property rights of farmers are recognized. Further, this is also premised on the assumption that no amount of institutional framework shall be efficacious unless the community ownership rights are also recognized along with individual rights within the intellectual property rights regime. It further argues that the idea of farmers’ rights protection is not just a simple question of recognizing the rights of the farming community. It is a mixed question of economics, ethics, culture, technology and law. Significant contributions have been made by the knowledge of indigenous people and traditional farmers in the development of new crops and biodiversity conservation. These groups have been an important agency in the conservation and supply of plant genetic resources to seed companies, plant breeders, and research institutions. The paper further discusses the issue of biopiracy; knowledge of indigenous people is used by others for profit, without permission from and with little or no compensation or recognition to the rights of indigenous people. Further, the issue relating the right to access and benefit-sharing to the indigenous people. The concept of benefit sharing creates opportunities for compensation in the case of the use of genetic resources. Paper further discusses, International Union for the Protection of New Varieties of Plants, 1961 (UPOV Convention). The UPOV Convention is a sui generis regime of intellectual property protection specially adapted to protect the plant breeding industries of the developed world. The UPOV Convention limits the scope of protection for new plant varieties to propagating material of the variety and exempts certain uses of propagating material from infringement.
This article analyses the differences in ideas and interpretation of Secularism and the ambiguity arising out of it. The importance of Secularism in this world with its diversity is to prevent tyranny and exploitation because some religions are in the majority more than others.
The tall ideals of equality and liberty, amongst others, are values any democracy aims to follow. Over the course of the past few years, it has become increasingly clear that strong grassroots level administration gives impetus to administrations to develop into stronger and more robust democracies. Local Self-Government has had a long and strong history in India, and this tradition continues with the Indian Constitution also providing mandates for the furtherance and strengthening of LSG Bodies. This paper attempts to trace the journey of Local Self-Governance in India. It also states the current situation of these LSG bodies in their attempt to strengthen the democratic setup in India. A similar urge to strengthen the grassroots level administration is also evidently visible in Europe. This paper examines the features of the European Charter on Local Self-Governance and attempts to study its implementation in Germany, the United Kingdom, and Poland.
In a democratic country like India, Law should be an instrument to regulate human behaviour, be it a social life or a business life. In order to have an efficient market system and to develop the market economy in a way sense, it is very much needed to have an adynamic competition Law Policy, to regulate the existing market in the country. With the same intention, the Indian Policy Makers have brought the Competition Act, 2002 into existence by proving its ability in providing better marketing regulations. However, in the Modern world, where technology and AI accessibility have made mankind works/tasks a bit easier and became a boon to mankind, at the same time, it also became a threat to the human scenario. In the same perspective, AI- Artificial Intelligence stretched its wings in having a better technological system. Does the Indian Competition Law and policy have the ability to tackle the challenges posed to it by the AI? It is still an unanswered question. At length, for a better understanding, this paper has been divided into 3 parts; firstly, in this paper, the author will analyze the development of competition law Policy in India. Consecutively, in the second part, we will be dealing with the scope and extent of the Competition act, 2002, and in particular to section-03 of the Act, which deals with Anti-competitive Agreements. Thirdly, this paper will analyze whether the competition Act 2002 includes any ambit to regulate the Abuse made by Artificial intelligence. At par, will be concluded by suggestions, considering the certain developments taken place.
Mediation means settling disputes with the aid of an impartial person who helps the parties to come up with reasonable and agreeable solutions. A mediator acts as a facilitator who neither tries the facts nor arbitrates the disputes. Mediation hasn’t been formalized and institutionalized in India yet. As a result, the Draft Mediation Bill 2021 is an initiative towards establishing mediation as a way for solving disagreements. The article focuses on talking about India’s new mediation bill, the advantages of its implementation, the current legal scenario of the Bill in India, and also sheds light on the loopholes.
The sudden and deadly onset of the Coronavirus-19 (COVID-19) pandemic has led to a worldwide demand for vaccinations, as governments and organizations attempt to safeguard public health through mass immunization. However, the unique nature of COVID-19 combined with previous lessons from mass inoculation programmes has made vaccine manufacturers more cautious. Indeed, indemnification from Adverse Effects post Inoculation (AEIs) caused by vaccinations, which in previous health crises was not granted to vaccine manufacturing companies, is increasingly sought and guaranteed to them by governments across the world. This article analyses the alternative means to settle victims’ AEI claims that have been evolved by governments and organizations, as well as the legal and moral issues arising from the same.
The present study deals with the regulation of that communication medium, which has pushed the speed of communication into a new era. Internet, which was impacting many things, has revolutionized the information era with the introduction of social media. The development of the Internet was in many ways radically different from the advent of any previous sets of innovative communications technologies. It brought new features that not only broke down a host of boundaries between forms of personal and mass communication but also overturned a mass media model that had endured for centuries. The current communications revolution gave content recipients the opportunity to be their own content producers. From simple beginnings, such as the ability to post text or images on personal web pages, user-generated content has become an extraordinary global flood of mixed original and reused content that appears in a multitude of forms and manners. These now notably include video posting, social networking, blogging, tweeting etc. Collectively it has been termed social media. Social media exhibits unique characteristics when compared to ‘traditional’ media forms. Its speed and scope mean that once content is published, it is available instantaneously to a potentially global audience—the use of social media spans across all professions and ages. Social media is not only changing the way we communicate with friends but dramatically changing the way we work as well.
The patent Act 1970 does not explain what inventions are; rather, it outlines what are not inventions. Section 3 of the Act provides for various situations where the invention cannot be patentable. It provides for about 15 kinds of inventions that cannot be patentable. One such is ‘mere discovery of a new form of known substance envisaged under clause (d) of section 3. It says that mere discovery of a new form of a known substance that does not result in enhancement of known efficacy of that substance cannot be patentable. However, there was no clarity to the term’s ‘efficacy’, ‘enhancement’ and ‘known-substance. Novartis AG v. Union of India is a landmark case of Supreme Court concerning section 3(d) of Patents Act, 1970. It is a case where the beta-crystalline form of the known substance ‘Imatinib Mesylate’ was in question as to whether it constitutes a new invention and can be patentable. It played a significant role in analysing section 3(d) and discussed the meaning of the term’s ‘efficacy’ and what constitutes ‘enhancement of efficacy’ of a known substance. Through the analysis of this case, we can under the rationale taken by the supreme court behind rejecting the patent.
Artificial Intelligence (“AI”) has constantly evolved over the years and has become of significant use in today’s times as an automated content creation tool in the digital world. AI programmes can create automated literary content in a faster, consistent and cheaper way as compared to the creation of content by a human. However, with the benefits of using these tools, one cannot oversee the concerns that arise in the intellectual property domain. There remains a lack of clarity in the law as to whether the authorship and ownership of works that are automated content would be granted to the AI or the user of such technology. This paper focuses on the issue of authorship and copyright ownership in the works generated by AI in India. In this paper, after an introduction to the concept of automated content creation, it is proposed that as AI is not a natural person and cannot exercise most rights associated with copyright by itself, AI should be treated as a co-author along with the user of the AI. The owner of the copyright in the automated work will be the user of such AI technology. In addition, the paper further suggests certain amendments to fill the vacuum in the Copyright Act, 1957 with respect to authorship, ownership of the copyright in automated content, as well as other liabilities that may arise in cases of intellectual property infringement caused by the content generated by AI. This paper further addresses the need for the introduction of new policies and regulations to resolve issues revolving around liability and accountability in cases of defamation, libel and other civil and criminal wrongs.
The National security exception is included under article XXI of the General Agreement on Tariffs and Trade (hereafter the GATT), and it is the ‘most powerful exception to the general obligations undertaken by WTO members. The state practice of the past suggests that the states have neither invoked this exception very frequently as a defence nor the members have challenged these actions very often. Some legal scholars are of the view that the provision through its wordings gives power to the state to unilaterally invoke this exception and avoid the obligations. The questions that can be raised here are: whether the restrain as evident in the past ‘state practice’ is enough to ensure that this restrain is being practised now? And will also be observed in the future? And whether the text of Article XXI prohibits the review of such invocation? Recent disputes have arisen in which the states invoking national security exceptions have been accused of abuse.
A prison, in general, is a place where defendants or criminal offenders are held for a fixed time or permanently with the written order of a competent legal authority. The law refers to persons who are imprisoned as a legal punishment issued by a court for a crime, who are physically restricted and detained, and who are usually deprived of their liberty. The result is that in every country, there have been examples of prisons in various forms from ancient times till now, and these prisons sometimes have been used for punishment and sometimes for rehabilitation of criminals to send back in society. The health status of prisoners is also an important issue that needs the attention of countries and prison officials. Of course, prison officials should know that criminals are not born criminals, but it is society and circumstances that have led them to crime, as Mahatma Gandhi says, hate crime, not the criminal. In the present age, Prisons officials should think about the future of prisoners, the prison buildings should have welfare facilities and protect the prisoner from cold and heat, and importance should be given to educating and rehabilitating instead of being punished. The purpose of this research (Rights of Prisoners in India) is to analyze the classification of Prisoners, rights of prisoners, and Prisons history in India. Moreover, the rights which are enjoyed by Prisoners under Articles 14, 19, and 21 of the Indian Constitution are the main topics.
Owing to the steep increase in corporate activity in almost all spheres of human civilization, the legal regimes of the world have been consistently working on developing the concept of ‘Corporate criminal liability’. With its centuries-old history marked by numerous jurisprudential contributions, the concept of ‘Corporate criminal liability’ has emerged to be one of the prominent areas of criminal justice studies. New schools of thought began emerging and redefining the traditional dimensions of the concept. The modern approaches to the idea of ‘corporate criminal liability’ operate with twin objectives. Firstly, they explore the historical problems associated with the question of attributing criminal liability to corporations and work on devising suitable solutions to them. Secondly, they try to extend the traditional scope of the concept to cope with the new forms of corporate crime. The paper discusses the historical thought about the concept by examining the conventional models of ‘derivative corporate liability’. Further, it analyses the gradual evolution of the modern ‘organizational theories critically’ and discusses their contribution towards resolving the age-old problems pertaining to the concept. The contemporary reforms effectuated by the English and Australian legal regimes are critically analyzed, and their potential merit in resolving the problems pertaining to the field of ‘corporate crime’ is inferred. The paper also throws light on the manner in which the Indian legal regime has been relying on the traditional derivative approaches to determine corporate guilt and discusses the need and feasibility of effectuating reforms in line with the modern organizational approaches.
Today consumer law is facing various issues and challenges as a result of the rapid development of e-commerce and globalised trade. The growth of borderless marketing and technology has grown over the years. There is a wide choice for online shopping for both manufacturers and consumers. These multinational companies and other enterprises which are engaged in e-commerce attract a large number of consumers all over the world. The problem is that many people who go online shopping become victims because of false or misleading advertisements, defective products, fake deliveries of products, unsafe products, payment issues, security and privacy issues, unilateral contracts etc. However, there are national laws to deal with such an issue, but somehow it fails to protect victimised consumers because of poor implementation of laws due to jurisdictional issues. The theme of this paper is to examine whether the current national laws are sufficient to deal with commercial transactions that affect consumers in today’s era. The paper will identify the issues and problems of electronic contracts. It will do a comparative study in legislations of other jurisdictions to provide suggestions as to how and why existing laws governing electronic contracts are required to be reformed to meet the challenges faced by today’s population while dealing with online transactions. There is a high time to take action at a national and international forum.
As approximately 96.6% of Crimean people were willing to join the Russian Federation, the Sevastopol City Council, along with the Crimean Supreme Court, adopted a declaration of independence from Ukraine less than 48 hours prior to Russia’s infamous annexation of Crimea. The Crimean Crisis is one that has encompassed ethnic and ideological conflicts, controversial political architectures, and the inconclusive question of the application of self-determination. With the unanimous use of internal conflict as a tool to deprive the Ukrainian government of its control over Crimea, leading to its declaration of independence and subsequent admission to the Russian Federation, the chain of said events marked a significant matter of deliberation on the integrity of contemporary international relations. Most states rejected Russia’s de-facto proclamation of sovereignty over the territory of Crimea. However, the Russian and Crimean authorities continue to justify both Crimea’s right to secede from Ukraine and Russia’s eventual intervention by virtue of international law. The article aims to answer the two primary questions the circumstances present - Does Russia’s annexation of Crimea violate international law? And can Crimea’s secession be legally justified through “self-determination”?
India has been facing the worst mental health crisis in a very long time. Within the pandemic itself, the situation has worsened. With suicide rates increasing and the treatment of any individual with mental illness with hostility or belittlement, mental health as a legal concept is more needed now than ever. This article looks at the Mental Healthcare Act of 2017 and analyses how much farther we are yet to go.
The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, is legislation that helps financial institutions to ensure asset quality in numerous ways. This means that the Act was framed so as to address the problem of NPAs (Non-Performing Assets) or bad assets via distinct procedures and mechanisms. The law is known by its short-form SARFAESI Act or simply SARFAESI. The SARFAESI Act gives elaborate provisions for the formation and activities of Asset Securitization Companies and Asset Reconstruction Companies. The Act even provides the scope of their activities, capital requirements, funding, etc. RBI is the regulator for these institutions. As a lawful mechanism to insulate assets, the Act addresses the interests of secured creditors (like banks, financial institutions, etc.). The Act also gives directives and powers to various institutions to manage the bad asset problem. The SARFAESI Act mainly provides legal recourse for matters dealing with registration of asset reconstruction companies, acquisition of rights in financial assets, measures for assets reconstruction and resolution of disputes. This paper furnishes an insight into the basics of the SARFAESI Act 2002.
With a recent increase in instances of ad interim gag orders being granted under Section 144 of the Code of Criminal Procedure, individuals facing allegations of criminal behaviour are turning to the courts more often for relief from damaging publications. Traditionally, gag orders have been viewed as a conflict between the ‘a priori’ enforcement of a defendant’s right to fair trial by prohibiting news outlets from reporting on the case and the public's right to know. However, since the pandemic’s inception, the two types of gag orders that have been frequently passed are either to curb dissent or impose prior restraints against defamation in criminal cases. The validity of the former has been in question, as they are often passed in tandem with Section 188 of the Indian Penal Code that deals with disobedience to order promulgated by a public servant, rendering all persons contravening it punishable by law. Various prominent Supreme Court and High Court lawyers have expressed contrary opinions regarding this subject, with some arguing that the response has been disproportionate and that public tranquillity has been used as a veil for intolerance, while others are arguing that the authorities were within their rights to do so. The latter has faced a huge outcry from social activists who have pointed to a string of sexual harassers that have managed to evade the public eye by quashing stories on media sites. They have also condemned it as an erasure of victim justice, especially when power wielded by the alleged offenders is considered. Lawyers have referred to these orders as reflective of the large-scale gender inequality and apathy in the country. As a result, this paper will use empirical evidence to test the above-mentioned problems in a two-pronged way. Firstly, it uses cases to whether gag orders overstep the boundaries of state responsibility. Secondly, to assess broader trends, it collates data on the gag orders passed between 2016 and 2021 to consider the likelihood of a court granting a gag order to a high-profile, privileged defendant compared to an average defendant with no connections to assess their accessibility of the orders. It finds that in 72.7% of the cases, privileged defendants are the ones most likely to get a gag order. It also analyses how many orders curb dissent against ruling governments and finds that this occurs in 54.5% of cases.
Climate change is an ongoing issue, people have been working and researching towards this, but still, we haven’t stabilised the emission levels. Every year, scientists report increasing water levels and melting of glaciers. Humans have been causing a warming trend over the years, happening at a very fast rate. Among other things, this phenomenon has caused our atmosphere to warm up and land and ocean temperatures. Earth-orbiting satellites have enabled scientists to take notice of these changes, which signal an impending change in the climate. Humans are responsible for global warming because there would be no such thing without human activity from 1950 onward - or so it seems when looking back on history with comprehensive data collected by satellites and cameras alike! This paper answers questions of relations of UN to the other climate change, the funds provided to achieve the goal, how are developing countries and developed countries helping each other out, what are the different laws and rules which oversee the working of the nations. It also traces the timeline of the Protocols, amendments and targets set by the UNFCCC.
Data is all around us. The creation and storage of data are growing at unprecedented rates. They are changing the face of the world. There is no denying that data generation and its ease of retrieval has contributed to the development of a fast-paced, tech-savvy society. However, in the process of providing society with the benefits of technological advancements, valuable personal information about individuals or their personal data is not always protected from unauthorised access and is often misused, resulting in a violation of peoples’ right to privacy. Therefore, personal data needs to be protected, along with maintaining the privacy of those who manage the data, that is, the data principals. There are no specific laws for data protection in India. Therefore, an expert committee, headed by B N Srikrishna, a retired judge of the Supreme Court, was set up to draft a Personal Data Protection Bill. This draft bill was submitted to the Ministry of Electronics and Information Technology, post which the then Minister of Law and Justice, Electronics and Information Technology and Communications, Mr Ravi Shankar Prasad, introduced a revised Personal Data Protection Bill in the Lok Sabha in 2019. This paper deals with how the revised bill has jeopardised the fundamental right to privacy which was recognised in the case of K S. Puttaswamy v. Union of India in 2017. The paper also makes a comparative analysis of the Personal Data Protection Bill, 2019 with the European Union's General Data Protection Regime Model Regulation (2018), on which both the draft and the proposed versions are based. After that, the paper gives some recommendations for the revised bill to ensure its consonance with the intent to protect data, respecting the right to privacy, as well as for its effective and efficient implementation.
We are all techno sapiens. Ours is a digital age. Manual work is being replaced by machine work. Systems are embedded with software to perform high-speed tasks. Such software reduces the burden which would otherwise lie on human shoulders. It saves human resources, time, cost, money. But India doesn’t have a concrete framework to protect software. This paper revolves around the IP protection of software. This paper throws light on the patentability of software.
Criminal Contempt restricts free speech. Due to this, the problem is how much use of Contempt can be made today? Some liberals argue that we should completely do away with criminal Contempt. This project revolves around law relating to Contempt in India, judicial approach with respect to Contempt in India, analysis of various cases on criminal Contempt. From the holistic understanding of different aspects, this work tries to find out the possible solutions and suggestions in this regard. In this project, various legal provisions dealing with Contempt under the Constitution, Code of Criminal Procedure, 1973 and Contempt of Courts Act, 1971 are analysed. After this, the various landmark and controversial judgements are analysed to find out what are the problems relating to criminal Contempt and what should be the approach adopted to tackle such problem. In this regard, the aid of Primary sources like judgements, statutes and the Constitution is taken. Apart from this, secondary sources like articles, editorials and books are also used.
During the latter half of the twentieth and the beginning of the twenty-first centuries, homosexuality has become a contentious issue. Since homosexuality is so divisive, much of the discussion has focused on whether it is a choice, a condition, or even a criminal offence. The debate has been rife with a variety of viewpoints. Every person’s dream in the modern world and throughout history has been to get married and start a family. To be so deeply ingrained in society and demanded of everyone, marriage has been exclusive to specific groups of people since its inception. Every time a group of people is allowed or denied the right to marry, war is conducted between public policy, religion, and social expectations. The question of same-sex marriage is also facing the same issue. For the purpose of this article, we are going to look at the social, political, and legal aspects of Indian same-sex marriage. To understand why some people are reluctant to accept a more inclusive form of marriage, this book investigates the origins of marriage. In this work, the simple and sophisticated definitions of marriage are examined in detail. Arguments against same-sex marriage are examined in detail. Here, we examine whether or not changing the structure and purpose of marriage could be accomplished by altering its components.
Humans dwell in societies that are administered by the Rule of Law. Law is a driving force that instructs human behaviour and brings out a society that has law as its fundamental value rather than the historical view of divinity rule. Imparting the legal views in public, administrations have developed legal education systems. Human science, which provides knowledge, skills, philosophies, theories that are of great importance to teach a universally acceptable art of law, is legal education. Legal education is an umbrella concept that includes legal teaching, legal research, and the practical legal skills of advocacy required in the court of law. This research on Legal education In India and the UK: A Comparative Analysis was inspired by the massive number of young minds whose future is shaped by this very legal education provided to them. Law professionals act as a saviour of justice in the court of law and should make revolutionary changes to the community. The present curriculum frameworks of legal education could not provide legal teaching, legal research, and the practical legal skills of advocacy required in the court of law. This research aims to identify how the legal education imparted to the students is far from its purpose that aimed at creating law professionals that are an asset to society. This research identifies that the gap between the theories of legal education and their practical implementation was huge and needed bridging research that would help bring the change. The major aim of this study is to bring out the differences between the two systems in the context of the legal knowledge imparted to the students and the curriculum adopted by the two. In this research, I have tried to highlight the comparative element that was the basis of comparison.
The research that follows looks into the effects of two concepts: Damages and Compensation. The study is qualitative, and it dives deeper into the concepts of Damages, Compensatory damages, Punitive Damages, and Compensation. It delves into the types of damages and compensation in-depth, beginning with a definition of the term based on the Indian Contracts Act. It then gives a condensed version of the term. The next topic is how it affects, what it entails, and what remedies are available to the wronged party. The facts are also supported by relevant precedents. The second arc delves into the topic of misrepresentation as to a vitiating issue in the relationship.
While Rape is considered a social stigma, the laws against the offence of rape deal with the severity of the actions of the offender, yet, neither the laws nor the society realises the psychological harm caused to the victim as a consequence of the commission of the crime. The rape laws formulated manifestly directed at laying down strict rules against the commission of the vicious crime, and thanks to the presence of the laws, that justice is served to the victims. But the, questions arise as to if such laws are sufficient to compensate for the psychological trauma that the victims have to undergo? Society and books attribute Rape as a brutish act that is committed that violates the dignity and rights of a woman, but the stark negligence towards the mental assault that the victim suffers besides the physical harm is usually ignored. Furthermore, the act of marital Rape is well-shielded by the law, while the legal provision doesn’t recognise it as an offence to prescribe laws against it. The paper tries to critically analyse Section 375 of the Indian Penal Code, emphasising the psychological impact of Rape on the victims and the short- and long-term impacts on the life of the victims. The paper also tries to shed light on the issue of marital Rape that stands as an exception under Section 375 of the IPC that provides immunity to the offender to be protected under the veil of marriage. Finally, the paper tries to stress the need for the implementation of stricter laws for the offence of Rape and deal it with more legally and empathically.
Cogitation of Right to be forgotten first emerged and gained traction in 2014 when the search engine giant Google was sued by a business in Spain to permanently erase any information and details anent to his precursory bankruptcy. After a four-year-long trial European Court of Justice, on May 13, 2014, passed a landmark decision preserving an individual right to privacy and the protection of personal data. Although, by virtue of a subsequent judgement, it was established that the 2014 judgement only establishes a binding precedent within its geographical jurisdiction., the AEPD judgement has been cited in various national and international courts in several crucial litigations. The milestone judgement by European Union’s highest court has opened a juxtaposed dialogue about various national reverberations on the concept of the Right to be Forgotten. But with the evolution of the Right to privacy in the wake of increasing online and internet delinquency into the Right to be forgotten, there come unhackneyed complexities. Evident friction between the Right to privacy and freedom of speech and expression and, to that extent, curbing of Right to access to information. Free speech is one of the major pillars of a free democracy and is unquestionable of paramount consideration. Freedom of speech and expression is the essence of a free country. It is the tool through which the citizens and residents of a state freely express their intrinsic views, social, political and otherwise. Free speech is the key to a positive and effective running democracy as it is the mechanism through which the government is held accountable for its actions. In such a way, protection of free speech with a parallel application of Right to be forgotten with an exclusive approach viz. application of one does not jeopardise the exercise of the other is important.
The decision taken by the Andhra Pradesh High Court in the case of T. Sareetha v. T. Venkata Subbaiah has become increasingly relevant in light of the current debate on the criminalisation of the offence of marital rape. This paper analyses the facts, arguments and judgement in the case. Further, it introduces the angle of marital rape, which the Court made a reference to in the judgement by relating the misuse of the doctrine of restitution of conjugal rights to the enforcement of non-consensual intercourse by husbands on their wives. It also examines the recent developments in the same field and thereby emphasises both the details of the T. Sareetha judgement as well as its place in the larger picture of women’s fundamental rights and the challenges they face from the patriarchal social institutions and the legal framework.
Climate change is an irrevocable process that has already touched every corner of the planet and will continue to reshape the lives of human beings for centuries to come. The planet has warmed since the pre-industrial period and has pushed the Earth towards irreversible change. Greater rates and magnitude of climate change, as observed in the past few decades, increase the likelihood of exceeding the temperature from the 1.5-degree limit or even crossing 2 degrees Celsius above pre-industrial level with severely damaging consequences. Climate change is not just an environmental problem but a social issue, bringing deep impacts on the life of human beings. Years of consecutive climate-related disasters have brought widespread misery and huge economic loss to people across the globe. Climate change is human-induced caused by emissions of greenhouse gases such as carbon dioxide that prevents heat trapped to dissipate into space. This article, therefore, tries to highlight various adaptation methods and strategies to adverse impacts of climate change.
Women empowerment is empowering the women to take their own decision for their self-development as well as for social development. Empowerment of women means encouraging themselves to be self-dependent and have positive esteem to generate confidence to face any difficult situation and participate in various social and political activities. Women were treated very badly by their husband and their family or society. They are not given proper education and are bound in the household task. They are neglected by society and forced to marry at an early age and to look after their family and husband. They are not given such rights as men get where men are free to acquire knowledge, but women are not. Education for girls must be made compulsory so that women can become literate to make a better life. If women are set free, they can do anything for the country and also for the better development of themselves. Women need freedom where they can enjoy life peacefully and ab able to make decisions for their own life without any fear and earn equal respect and wages as men earn. As women perform the role of wife, partner, organizer, administrator, director and re-creator. They have the ability to determine the choice of their own life. It enables us to make a positive decision and take action against that ambition.
Sexual violence is defined as the act of exposing someone to sexual behaviour without one’s consent. It includes a large spectrum of behaviours, from touching to Rape. The majority of the victims are women. Rape is the act of having sexual intercourse with a person without his/her consent. The concept of marital Rape has been overlooked for years because of the ideology that promotes men have the right to treat their wives as they wish, and the wife must provide her husband with all his needs. Today with the changes and developments in the concepts of marriage, the increase in the awareness of the society and the understanding of the notion of violence against women, it has been understood that sexual intercourse should be mutually desired by both parties of the married couple. Otherwise, it should be considered as sexual assault/violence. The aim of the article is to review the medical, social and legal aspects of marital Rape, to present the current situation about marital Rape both in Turkey and in the rest of the world, also to discuss how it could be prevented.
Juvenile delinquency, often known as delinquency, is a name given to people who engage in deviant behaviour that is frowned upon by society. The age of the juvenile plays an important role in protecting them from harsh punishment. Following the exponential rise in the brutality of juvenile crime, a few countries, like the United States, have decided to shift from tolerant and reformative policies to stricter ones. While the United Kingdom and India refuse to give up on these children, they remain committed to the reform and rehabilitation programme. The various reasons for juvenile delinquency are examined, as well as the genetic, psychological, and biological hypotheses. In addition, specific forces and societal institutions that are linked to juvenile delinquency are identified and explained. In addition to the aforementioned topics, the author investigates the plethora of factors that influence juvenile delinquency, including peer groups, familial and economic position, religion, school, media, and other environmental and psychological triggers or motivators. This paper examines the rationale for the various approaches taken by the juvenile justice systems in India, the United States, and the United Kingdom, with the goal of highlighting a flaw in their criminal justice systems: the overemphasis placed on the age factor when assessing and determining the liability or culpability of a juvenile delinquent.
Globalization's influence on culture and education is a major source of worry. Some regarded it as a gift to old institutions such as the family and the school, while others saw it as a way to cultivate new attitudes by overturning traditional ones. The positive and negative effects of globalisation on education in developing nations will be examined in this study. Education systems that are effective are the bedrock of opportunity to live a decent life. For countries of all income levels, ensuring that all children have appropriate access to education is a critical public sector duty. People can only participate to and profit from globalisation if they are equipped with the necessary information, skills, talents, and rights to achieve their fundamental needs. They require work and income, as well as a healthy atmosphere. These are the prerequisites for people to actively participate as citizens in their local, national, and global communities. These objectives can only be met if national governments provide sufficient resources to education, basic infrastructure, and the environment, as well as establish an institutional framework that assures broad access and opportunity. All societies are concerned with education. Education is at the centre of the transformation that is radically influencing our world in the areas of science, technology, economics, and culture as the basis and key driving force of economic, social, and personal progress. It is the driving force behind social and scientific development, and it is subjected to the outcomes of progress that it has sparked, both in terms of substance as well as techniques and defined goals.
It is generally viewed that Intellectual property protection and competition law conflict with each other as intellectual property law create and protects monopoly power, and the other seeks to exclude it. Is there really any conflict between IP protection and competition law? The protection of intellectual property rights is not per se violate any competition provisions. Rather its misuse trigger competition issues. The IP and Competition both play an important role in the development of the economy. IP Law provides monopoly and exclusive rights, but competition Law provides for fair competition. This relationship between both laws is important as when used fairly, it will result positively, but misuse of it can lead to harm to the economy as well as consumer welfare. The Competition Act makes provisions for limitations of the enjoyment of intellectual property rights as exemption given under Section 3(5) of the Indian Competition Act, 2002. The article will seek to establish current legal provisions on the subject as well as understand how the competition law and the other judicial bodies like CCI and court attempted to address the issues of monopoly conflict in India.
The tremendous advancement in Information Technology has given rise to a lot of emerging digital assets such as Non – Fungible Tokens (NFTs), Cryptocurrency and many more. These assets are completely intangible as they exist only in the virtual or digital world. As their popularity is significantly increasing day by day, a lot of legal issues are also increasing along with it. This article looks at Non – Fungible Tokens through an IP perspective so as to get an idea of the rights that are conferred after the sale and purchase of Non – Fungible Tokens. As Non – Fungible Tokens raise a lot of questions with respect to copyrights such as licensing and ownership, the same has been dealt with according to the Indian Copyright Act along with a real-life example. Further, the relation between trademark infringement and Non – Fungible Tokens are also highlighted with a suitable illustration. Lastly, the latest American case involving NFTs is summarised with brief facts, issues and arguments along with its comparison with the Indian legal scenario. The case deals with various statutes and remedies pertaining to both the American as well as Indian laws. As Non – Fungible Tokens are going to grow at a rapid pace in the coming future, so would be the legal fraternity for tackling the issues arising out of these new technologies.
The modern English rule against perpetuities or remoteness has been adopted under section 14 of the Transfer of Property act of 1882, with certain modifications. But from the words ago, originally, the rule emerged from the English Common law system. Which says that “where the vesting of any interest in the property, whether legal or equitable, is postponed for a period exceeding a life or lives in being at the date of instrument creating it, or where the disposition is a will, at the death of the testator, and twenty-one years after the expiration of such life or lives such interest is void.” Perpetuity in general means continuous or underlying transaction. It is tying up property for an indefinite period. A transfer involving generations after generation is known as creating perpetuities. Thus concluding the literal meaning of perpetuity, it is regarded as “the state or quality of lasting forever or a bond or other security with no fixed maturity date or forever or something that is perpetual and unending”. However, there are a few exceptions to the rule, as discussed below.
“Reservation is not a fundamental right“, the Supreme Court held while refusing to accept a series of pleas demanding the enforcement of a 50 per cent reservation for “Other Backward Classes (OBCs)” for state-funded seats in the all-India quota for U.G. and P.G. medical courses in Tamil Nadu. In the series of judgments this year, the Apex Court held many times that Reservation is not a fundamental right. Article 16(4) and 16(4-A) are in the form of “enabling provisions”, which, if situations so warrant, grant the State Government discretion to consider making reservations. It is settled legislation that the State Government cannot be directed to make a reservation about appointments to public posts. Likewise, the State is not required to make quotas in favour of S.C. and S.T. in terms of promotions. But this is creating ambiguity as to the main purpose of Article 15(4) and 16(4) is to create special provisions for the upliftment of the downtrodden class of the society. The Court in the present case had clarified some of the grey areas, but states should not misuse the judgment as it is well established that the Government cannot grant reservations without quantifiable data that shows inadequate representation.
The Internet is transforming the way people communicate, and it has revolutionised the way we interact and share information by allowing people all over the world to connect instantly. Today social media is a hub of harmful and vicious debates, and around two billion people utilise social media platforms (including Facebook, Twitter, YouTube, Instagram, and Snapchat) to communicate and connect with one another by creating and sharing content. Among these social media sites combating hate speech and false news has become a major concern for governments throughout the world, and hate speech control has proven to be a difficult undertaking. The anti-hate speech statute is being challenged because it interferes with an individual's right to free speech and expression. In practice, the law constantly walks a razor-thin edge between regulation and total limitation. Hate speech is continuing on the rise, despite the adoption of harsh restrictions. Social media platforms make it easier to share information at the same time; people are subject to misinformation and hostile and divisive content being transmitted through the channels by bad actors. The utility of social media platforms must be aligned with the well-being of citizens, along with that right to free speech must also be protected. Most social media firms' business models are based on attracting attention, and because unpleasant speech frequently attracts attention, it can become more visible on social media than it could on traditional media, and this has created a platform for hate speech and false news, and it has affected society's functioning to a larger extent. The misuse of social media platforms has created a negative impact on economic, psychological, and political aspects and the consequences are both online and offline, and the outcome is violence. This paper aims to examine the take of people on the “Free Speech via Social Media” issue and also, examines the legal provisions on hate speech and also recommends measures to combat hate speech and fake news on the Internet.
This article will provide an overview of the concept of cryptocurrency. It also focuses on the positive as well as negative aspects of cryptocurrency. It briefly discussed the global legal status of cryptocurrency. This article further focuses on the legal development in the field of cryptocurrency in India, including the major role played by the Supreme Court of India.