Education develops the conscience of a person. It strengthens the inherent potential of a human being to develop mind for works of skill. The great religious texts Ramayana, Yajnavalkya, Manusmriti, Quran, Bible, etc. are an outcome of well-developed thoughts inculcated in the ashrams and schools. However, the rise in capitalism and the neo-liberalization of educational institutions have erupted issues like capitation fee for the admission. Capitation fee for entrance in the private institutions of higher education confers preference to relative money power thus depriving the relatively better merit of a candidate; consequently the system of capitation fee leads to strengthen the class system rather the class mobilization. This paper endeavours to state the observations in Mohini Jain v. State of Karnataka (AIR 1992 SC) on permissibility of different fees on the basis of residence of a candidate. This paper further endeavours to state the observation of Hon'ble Supreme Court in the Krishnan's case of Andhra Pradesh (AIR 1993 SC) stating education is not profession and is not amenable to the protections under Article 19(1)(g) of the Constitution of India. It states that the private educational institutions are State and thus amenable to the writ jurisdiction. The paper is doctrinal in nature.
Volume 4, Issue 5 / 2022
Articles · 5
The application or software that is analysed in this paper would be where AI is used in gaming which refers to responsive and adaptive video game experiences that is the intersection between the gaming and AI in order to implement these Finite State Machines are used to implement AI in various gaming software’s. These AI-powered interactive experiences are usually generated via non-player characters, or NPCs, that act intelligently or creatively, as if controlled by a human game-player. AI is the engine that determines an NPC's behaviour in the game world like open world games like Batman Arkham series or God of war where the choice that the player make in the story mode or which gadgets or weapons is used to kill the final character AI is used continuously to make the game with thousands of algorithms which determines how the story goes next according to the player who’s playing or open world online games like Fortnite or fall guys by epic games. The issue arises when further AI is used to convert the appearance of the famous personalities among human being and or famous characters to which the companies own copyright is created by AI to include them into their NPC [non playable character] appearances in the video games for instance signature moves like Ronaldo’s signature move after he scores a goal that is included in FIFA video game or Batman in Batman Arkham series, etc. Thus the grey area in which the research is based upon as to try and answer the question of liability of AI that is who will be liable for the acts of AI with respect of gaming industry.
Trafficking of a human beings is not a new concept in the modern world. This practice is as old as the existence of human civilization. Generally, human trafficking refers to the process through which individuals are placed in an exploitative or inhuman situation for the economic growth or physical and mental pleasure of others. However, trafficking can occur within a country or outside the country by crossing the border. Women, men and children are trafficked for a span of purposes like sexual exploitation, forced labour, private households, sex slavery, sex tourism, organ transplant or forced labour. Since the period of the Roman civilization, the practice of trafficking the human persons in the form of a slaves was recorded. With the rise of new imperialism, slavery had become an integral part of the colonial system of the European countries. However, by the end of the Second World War, the UN Charter was adopted for the protection of the human rights of individual beings. Subsequently, in 1949 UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others was adopted by the United Nations. The Preamble of the Convention recalled that prostitution is incompatible with the dignity and worth of the human person. In this paper, human rights violation arising out of trafficking and the state obligation to curb such flesh trade is the main area where the attention is drawn. International Law recognizes prostitution as a violation of human rights and prohibits its exploitation. The only way that the State has to respect their obligation is to eliminate the exploitation of prostitution as well as human trafficking. Human trafficking involves not just sex trafficking, organ transport or other means of trafficking but also labour trafficking, which may sometime cause trauma to the survivor.
When one firm obtains the voting shares of another corporation, either directly or indirectly, with the object of acquiring control over its management it is known as a ‘takeover’. This process either occurs in a friendly or in a hostile manner. In the case of a hostile takeover, the acquirer obtains the corporation against the desire of the target company and the latter often makes attempts to dissuade the acquirer from taking over. In fact, these measures are frequently used as a leverage by target corporations in negotiations for larger offers. Some of these defenses are regulated strictly in India in comparison to others. Despite India’s commercial boardrooms making several billion-dollar advancements in negotiating favorable agreements, the hostile takeover activities have been rather dormant. Moreover, India’s business terminology is full of examples showing how the majority of hostile takeover efforts have been successfully averted. Through this paper, the researcher would attempt to: firstly, evaluate the conceptual viability of making hostile takeovers in India, as well as the defenses that local target companies may use to prevent such transactions; secondly, understand hostile takeovers vis-à-vis Takeovers Code, 2011 while shedding light upon its anti-acquirer nature; thirdly, examine the current barriers to hostile takeover activities in the country, including dominant promoter ownership and regulatory limits on obtaining finance and lastly, discuss the inefficiency of the defenses which renders the target firms in a vulnerable position against hostile bidders.
Jurisdiction is the area on which a government exercises its sovereign authority lawfully. In this jurisdiction all the laws are made applicable hence offenders are punished under that law. The world is open today, intercontinental trades, international agreements, there is free flow of inter country goods etc developments have taken place since 20th century due globalization. With this comes the crime, it has also become international, intercontinental. It becomes very difficult to punish the offender because the crime is committed in one nation and its effect is seen in other nation. Crime is committed in space, in International waters, on land. There always comes the conflict of laws. Hence there are international agreements made for example UNCLOS helps to solve the problem of maritime territory and the laws applicable in that area and of which nation. Under UNCLOS detailed area is given, meaning an imaginary line is drawn on the sea and oceans for the nations by classifying the area into territorial waters, EEZ etc. This paper critically analyzes the concept of territorial jurisdiction under IPC. Italian Marines case is a very landmark case which happened in the year 2012 which clarifies some ambiguities regarding the application of law but still there are problems with its judgment. Under IPC a person whether he may be a citizen or a foreigner he may be tried in India for the offences committed in India or outside.