Oil is most widely transported around the globe via the water mainly because of its physical and chemical nature it is chosen to be the convenient mode of transportation. Although it is the most sought after and transported commodity it is a serious cause of environmental pollution. The carrier vessels frequently have mishaps during transport, resulting in crude oil pouring into the ocean which has become a constant problem for the maritime environment as well as the economic conditions of the people who live near the affected areas. The oil spills are of a national and international concern firstly because it is inevitable and secondly, it causes long-term damage rather than short-term harm as the spills can last for decades. The main aim of this paper is to look into the Indian legal regime governing the oil spills claims and in the specific talk about the liability and compensation for such mishaps referring to the International law and further provide suggestions for a better way of implementation of the laws in India.
Volume 4, Issue 3 / 2022
Articles · 14
India took a giant leap towards providing accessible and affordable healthcare to the common man with the launch of Ayushman Bharat – Pradhan Mantri Jan AarogyaYojana (AB-PMJAY) by the Prime Minister, Shri Narendra Modi on 23rd September, 2018 at Ranchi, Jharkhand. Under the vision of Ayushman Bharat, Pradhan Mantri Jan AarogyaYojana (AB-PMJAY) was implemented so that each and every citizen receives his due share of health care. With Ayushman Bharat – Pradhan Mantri Jan Aarogya Yojana, the government is taking healthcare protection to a new aspirational level. This is the “world’s largest government funded healthcare program” targeting more than 50 crore beneficiaries. It was a component of the larger Ayushman Bharat scheme that was launched as per the recommendations of National Health Policy 2017 to achieve the vision of Universal Health Coverage. AB-PMJAY provides a cashless insurance cover of Rs. 5,00,000/- per year for secondary and tertiary care hospitalisation. About 100 million below poverty level families, who were part of the 2011 socio-economic caste census (“SECC”) database list, are slated to be the beneficiaries of the scheme; the government has called it “the world’s largest government funded healthcare program”. The hypothesis of this study will help in examination of the efficiency and effectiveness of the governing principles of Ayushman Bharat – Pradhan Mantri Jan AarogyaYojana (AB-PMJAY); whether the said scheme has accomplished the target of achieving the said objectives or not.
Novartis International AG is the world’s leading pharmaceutical and healthcare company based in Basel, Switzerland who filed a patent application (1602/ MAS/ 1998) for its anti-cancer drug Gleevec in India. But the patent application of Novartis was rejected by Indian Patent Office, Madras High Court, Intellectual Property Appellate Board and finally by Apex Court of India as it was hit by Section 3(d) of the Patent Act, 1970 which prevented this pharmaceutical company from evergreening their drug in India by making minute changes to the already known patented product. This landmark case by elaborating the scope of Section 3 (d) of Indian Patent (Amendment) Act, 2005 halted attempts of pharmaceutical giants to evergreen their drugs and sell them at high price. This judgment also backed various Indian pharmaceutical manufacturers and distributors to make availability of generic version of anti-cancer drugs at affordable price for the people living in developing nation like India.
The Political and Decision-Making Systems of Tanzania Are Fraught With Grave Gender Inequalities That Disadvantage Women. While Women Have Not Been Formally Barred From Standing for Political Office or Even Partaking In Decision-Making in the History of the Nation. Systemic And Structural Factors and Forces Continue to Restrict Women’s Access Resulting in Wide Gaps in the Participation of Women in Politics. This Study Examines the Role of Women in Politics on Social, Economic, Institutional and Cultural Factors Which Limit Women’s Political Participation. The Analysis Is Informed By The Equality Strategy And Quota Movement, Which Have Been Posited In Gender Analysis As Fundamental To Democratic Development. The Analysis Shows That Although Women Have Historically Played Key Political Roles In National Development They Continue To Be Marginalized In Formal Politics And Decision-Making Processes. Drawing From Various Quota And Equality Strategies From Africa And Beyond, It Argues That Tanzania In Its Post-Conflict Reconstruction Should Be Guided By Such Positive Examples. It Notes That The Continued Marginalization Of Women Constitute An Infringement On Their Human Rights And Contravene. Hence, Recommendations Are made For the Elimination of Moribund Cultural Practices That Limit Women’s Access and the Institution of Policies and Practices That Actively Promote Women’s Right and Gender Equality.
To begin with it is important to highlight that there are two categories of children or juveniles under the Juvenile Justice (Care and Protection of Children) Act, 2015, namely, a “child in conflict with law” and a “child in need of care and protection.” This statute has two primary objectives. Firstly, it is concerned with the reformation of children in conflict with law or juvenile delinquency. Secondly, it deals with the rehabilitation of children in need of care and protection. The predominant reason behind the implementation of the aforesaid Act was the brutal Nirbhaya rape incident which took place in Delhi in the year 2012. In this inhumane act, one of the guilty persons was a juvenile. In light of the same, this Act treats children between the age group of 16 to 18 years who have committed heinous offences differently. They are tried in the same manner as adults. This article is concerned with four main aspects. Firstly, it explores the historical background behind the fabrication of the Juvenile Justice Act of 2015. Secondly, it discusses the main objectives, definitions and principles of reformation and rehabilitation under the enactment. Thirdly, it explores the main provisions of the Act in relation to the reformation and rehabilitation of children. It also discusses some of the landmark judgments rendered by the Judiciary in this regard. Fourthly, it seeks to trace some of the major drawbacks in the Juvenile Justice Act, 2015 and some of the loopholes prevalent in the juvenile justice system in general. Lastly, it makes a few recommendations on how the loopholes can be addressed and rectified. In this way, this article tries to conduct a detailed study regarding the reformation and rehabilitation process under the Juvenile Justice Act, 2015.
'Right to life' including the right to live with human pride would mean the presence of such right up to the furthest limit of normal life. This might incorporate the right of a dying man to die with nobility. Yet, the 'right to die with nobility' isn't to be mistaken for the 'right to die' an unnatural passing abridging the regular range of life. Hence, the idea of right to life is integral to the discussion on the issue of Euthanasia. One of the disputable issues in the new past has been the subject of legitimizing the right to die or Euthanasia. Euthanasia is questionable since it includes the purposeful end of human existence. Patient experiencing fatal sicknesses are frequently confronted with extraordinary arrangement of torment as the infections slowly deteriorates until it kills them and this might be so frightening for them that they would prefer to take their life than enduring it. In this way, the inquiry is whether individuals ought to be given help by perpetrating suicide, or regardless of whether they should be left to experience the aggravation cause by terminal sickness. Euthanasia derives from the Antiquated Greek words: 'Eu' signifies 'Great', and 'thantos' signifies 'demise', so Euthanasia implies great passing. It is a demonstration or practice of finishing the life of a singular experiencing a terminal sickness or in a hopeless condition by infusion or by suspending additional normal clinical therapy to free him of intolerable torment or from life-limiting illness. Euthanasia is characterized as a conscious killing by a demonstration or oversight of individual whose life is believed isn't to merit living. It is otherwise called 'Merciful Killing' which is a demonstration where the person who, is in an irremediable condition or gets no opportunities of endurance as he is experiencing difficult life, takes his life in an easy way. It is a delicate, simple and effortless passing. It suggests the getting of a singular's demise, in order to keep away from or end agony or enduring, particularly of people experiencing serious infections. Oxford word reference characterizes it as the effortless killing of a serious individual infection or who is in an irreversible unconsciousness. As indicated by the Place of Rulers select Panel on Clinical Morals, it is "a conscious mediation under taken with the express aim of finishing life to mitigate unmanageable misery". Accordingly, one can phrase that Euthanasia is the pondered and deliberately taking life of a person by an immediate activity, like deadly infusion, or by the inability to perform even the most essential clinical consideration or by pulling out life emotionally supportive network to set that individual free from difficult life. It is essentially to achieve the demise of a critically ill tolerant or a crippled. It is turned to with the goal that the last days of a been experiencing patient such a sickness which is terminal in nature or which has handicapped him can calmly take up his life and which can likewise end up being less excruciating for him. Hence the essential expectation behind euthanasia is to guarantee a less excruciating demise to a regardless going individual to die after an extensive stretch of anguish. Euthanasia is drilled so an individual can live just as die with nobility. To sum things up, it implies placing an individual to easy passing in the event of serious infections or when life become reason less or sad because of mental or actual impairment.
Constitutional protections for life and individual liberties are included in Article 21. When a fundamental right is violated as a result of police and perhaps even prosecutorial negligence, the State is considered accountable. The Constitution, which protects fundamental rights, says nothing concerning the state having to compensate those who have their rights violated. Although additional alternatives exist under the current framework, the compensation method for malicious prosecution causing miscarriages of justice is still difficult and complicated but also unclear. Despite having ratified ICCPR, India has not yet managed to pass any legislation in its own country that would allow victims of unfair or malicious prosecution but also detention with the opportunity for rehabilitation and compensation. The existing legal structure only provides the victims with a limited number of potential avenues for seeking redress, thus they are left with no other choice. In the particular instance of Babloo Chauhan @ Dabloo v. State Government of NCT of Delhi, the Delhi High Court articulated deep disappointment regarding the wrongful prosecution as well as detainment of innocent persons, emphasising the necessity for a relevant legislation for delivering remedy to these kinds of individuals. Consequence of directions in the aforesaid case, Law Commission of India in its 277th Report highlighted the issue of malicious prosecutions and conviction. The article shall analyse the present scenario of malicious prosecutions as well as convictions from the application of judicial mind in various cases as well as the 277th Report of the Law Commission of India.
Media trial is a phrase that has became popular in the late 20th century and early 21st century. It basically describes the impact of electronic media and print media coverage on a person’s reputation. It can either built or even malign the image of a person by creating a widespread perception of innocence or guilt before or after a verdict in a court of law. Media is regarded as the fourth pillar of democracy which has been playing a vital role in molding the opinion of society in various aspects. The freedom of speech and expression under the Constitution of India has broadened to include the media. But with the passage of time media has started usurping the functions of judiciary and its encroachment has started to be realized by the common people and the judiciary. This research paper attempts to focus on the impacts of media trial on judiciary and the democratic society.
The paper delves into the reason for the emergence of the US Dollar as a global reserve currency. The geo-political events in the last couple of decades seem to challenge the global hegemony of the Dollar. Russia and China continue to be the strongest contenders and opposers to the Dollar’s dominance. Iran is a close third. The War in Ukraine, the fallout of the Iran Nuclear Deal all play an important role as America’s influence globally diminishes. The Dollar holds value as long as the strength of the US economy remains dominant. A decline in the economy, diminishes the luster of the Dollar. The rise of China is already seen as a threat. China has also made it clear in unequivocal terms that it wishes to replace the US Dollar with the Chinese Yuan as the global reserve currency. We already see the development of alternate payment schemes in various parts of the world. American allies do not seem to be as loyal as US would want, especially the Middle East. The paper enumerates incidents and reasons for such a challenge and the possible outcome of such events.
The doctrine of Promissory Estoppel was invoked in order to ensure that the party who acts as a promisor does not refrain from going back on their promise as it becomes detrimental to the promisee who acts on behalf of the promises which are made. This principle has been widely accepted in most of the jurisdiction as it ensures that the principle of equity and natural justice is not affected. This paper tries to delve into various applications of the doctrine by looking it from both the perspectives of Common Law and Indian Law Jurisdiction. Additionally, the paper will also try to analyse the history and origin of the doctrine in both the jurisdictions and will try to analyse the difference in application of the doctrine in both the jurisdictions. Finally, the paper will try to solve an important question pertaining to the doctrine which discusses that “Can the Doctrine Be Invoked Only Against the State in India”.
Covid- 19 is a humanitarian crisis on a global scale, which is a visible hand that caused the global economy to go platykurtic. International trade and shipping were the backbones of the world economy, but its volume halved during the lockdown with an almost 13% decrease in the global economy. This reduction was not only because of the detonating unemployment but also due to the failure of international laws, which ultimately led to a demand-supply crisis. Cargo ships and aircraft ceased the transportation of non-essential goods. This increased the cost of shipping, and thereby also of international trade. Thus, international trade regulations and laws proved little adequate to comply with this situation. Many countries are at the brim of recession. The governments and their policies are unable to give sufficient nor necessary incentives for markets. But this same economy is the answer to the question because trade can save lives and livelihoods. The existence of the original economy is at the mercy of trade laws. The Laws that are able to keep the supply chains flowing and keep international trade alive need to be formed. The problems that are needed to be addressed include not only the immediate resistance but also the long-term steps for the protection of the original economy. This paper is an in-depth examination of international trade laws and their impact on the global economy. It also deals with a detail analysis of the existing economic packages and the laws that are hindrances to its fruitful implementation.
The internet and digital communication tools, such as mobile phone messaging services, have proven to be tremendously beneficial to human society. However, technology, particularly digital technology, has unintended consequences. Children are the most susceptible population that may be subjected to the harmful consequences of internet and digital technology advancements. The world’s most important resource and best hope for the future are children. A child accounts for one out of every three internet users worldwide. In the global South, this share is likely to be substantially greater. The internet is not seen by young people as a distinct entity or environment. It’s just another place where they may connect with friends, pursue interests, or meet new people. In recent years, online child safety has gotten a lot of attention around the world. International groups that have been focused on child abuse and exploitation as a violation of children’s rights have noticed that it overlaps with children’s internet use. Children’s daily lives are increasingly replete with the use of digital devices and technologies. Aside from the numerous benefits connected with the online environment, such as education, entertainment, and communication, it has also been linked to a number of hazards, such as grooming and cyber bullying. As the most vulnerable members of society, it is critical to analyze the level of risk, mediation, and digital literacy among youngsters. This paper examines the opportunities and risks in cyberspace for children. It also discusses the policies and regulatory framework in India to protect the digital child rights. Lastly, the paper concludes with few suggestions and recommendations to promote the child’s best interests in this digital era.
Education is the mirror of society, on which all its social achievements are reflected. Education is also considered an indicator of social prosperity; it is the key to progress in civil society. The 86th Constitutional Amendment Act.2002 makes the education system more effective as well as accessible to all, which is really a commendable effort itself. To seek education has become a fundamental human right under Article 21-A of the constitution. The central government has enacted the Right of children to free and compulsory education (RTE) Act 2009. The Act provides for children’s right to free and compulsory admission, attendance and completion of elementary education. Section 3(1) provides that every child between the age of 6 to 14 years must be provided with free education in the nearest school. Section 12(1)(c) of this Act mandates unaided schools to keep aside 25% of seats for underprivileged children of society. Article 51-A(K) of the constitution imposed a legal duty on parents/guardians to make ensure the education of their wards. Article 45 imposed a duty on the government to provide early childhood care and education for children below 6 years. Despite all these provisions, the contemporary education system has become very worst, and this is becoming a great concern for all of us day by day. In this paper, an attempt has been made to indicate the various issues and problems as well as their suggestions.
This research paper is on the analysis of promissory estoppel in India. It also focuses on the law of England on this doctrine. It focuses on how far this doctrine has been developed in India. This paper also gives a basic distinction between estoppel and promissory estoppel. The paper lays down the conditions under which this doctrine is to be applied and also focuses on the exception of this doctrine of promissory estoppel.