Volume 5, Issue 3 / 2023

The Sedition Law, as laid down under section 124A of the Indian Penal Code, has always been a contentious issue in India post-Independence and enactment of our Constitution. Sedition forbids the people from doing anything that brings the feeling of “disaffection” against the Government. The law, as stated under IPC section 124A has been given the widest possible meaning by defining Sedition as anything which is either written or spoken or any sign or visual representation or otherwise is done with the intention of bringing contempt, hatred or contempt against any act of Government. The critics of this law have often argued that it is often used to suppress dissent and curtail freedom of speech and expression. This research paper examines the impact of the sedition law on freedom of speech and expression in India, and forbids people from expressing themselves freely. The paper reviews the history and context of sedition law and analyses its use in recent times, along with studying the recent cases of sedition. The paper attempts to understand the law's implications on the democratic values of the country’s Constitution. The study concludes that sedition law, if not regulated, can be used to suppress dissent and undermine the democratic principles of freedom of speech and expression. Therefore, there is a need for a balance between national security and safeguarding the democratic values of freedom of speech and expression. The research aims to contribute to the debate surrounding the sedition law and its impact on freedom of expression in India in the present day.

Company law is an organizational law. Organizational change via. Restructuring has an impact on constituents of the value chain, whether it is shareholders, creditors, suppliers, employees and consumers. The obvious questions which come to fore, are how are the rights of the stakeholders going to be affected? What processes and compliances are carried out for ‘Restructuring’? One of the compliances in this context is due diligence. Assessment of liability, credit worthiness, IP, MK capitalization, long term agreement with suppliers are some the facets which becomes quintessential to analysis in this regard. Thus, the process of restructuring, involves inter alia, firstly, Due diligence; secondly, protecting the rights or interest of buyer and seller acquirer and acquiree via web of contracts like share sell agreement, warranty and confidentiality, as all of these have to be done sector specific; thirdly, large number of regulators for compliances including impact of restructuring on organization which are getting mergered or which is being merged. The instant research paper is trying to vividly and comprehensively address the pertinent questions and problems in the domain of “Insolvency” and “Restructuring” from the lens of extant laws of the land and judicial precedents, helping to delve into the vital facets of Resolution Professional growing role in the “Insolvency proceedings and beyond” in the realm of company law.

The business environment is evolving quickly in terms of technology, rivalry, goods, people, places, markets, and clients. Keeping up with these developments is not enough; instead, businesses must innovate and outperform their rivals in order to constantly maximize shareholder value. Inorganic growth strategies like mergers, acquisitions, takeovers, and spinoffs are viewed as crucial engines that help businesses enter new markets, increase their customer base, reduce competition, consolidate and expand quickly, and use new technology in regards to their products, employees, and processes. Restructuring a company's internal operations may help it improve its performance, take advantage of new possibilities, and build credibility in the capital market. Additionally, it may have a significant influence on a company's market value, sometimes in the billions of dollars range. This paper will be focused on analyzing how corporate restructuring truly impacts a business and its growth in the new-age business environment.

“Our children are the future of this world. it’s not about what we can get out of them. It’s about how we can empower them.” This is words of wisdom from Sadh guru. It’s not just words of wisdom, it’s the reality. The trees now we are planting may not give us food but sure will feed our children in the future if, only if we take care of the plants and teach the same to the children. When a child is conceived, he or she becomes the responsibility of the parents. Then in the journey to the adulthood the parents are responsible for their upbrings. Giving them food, shelter, education and other means. Because children themselves are unable to survive in the world. The thesis here is about How the violation of human rights effect the mental health of children and the juvenile delinquency. The Indian families are overlooking the feelings and emotions of children on the name that they are children and they do not know, which actively contributing to destroy the children from the very young age which is violation of their rights. The avoidance of the mental wellbeing of the children are the reason that they are eager to commit crimes or violate the laws. It is a reality that criminals are not born but made by the society. As said in the above a child should not need to survive in the world, it’s their right to be taken care of and get a healthy environment to grow and flourish.

This paper critically examines the intricate relationship between wildlife protection and the rights of indigenous tribes, specifically focusing on the conflicts that arise and the potential for coexistence. It explores the challenges faced in reconciling these two fundamental aspects of environmental governance and aims to provide insights into sustainable solutions. The preservation of wildlife and the recognition of indigenous rights are essential for maintaining ecological balance and safeguarding cultural heritage. However, conflicts often emerge when traditional lands and resources of indigenous tribes overlap with designated protected areas. This paper analyzes relevant legislation, policy frameworks, and case studies to shed light on the complexities and implications of these conflicts. The study highlights the adverse impacts of strict wildlife protection measures on indigenous communities, including forced displacement, loss of livelihoods, and erosion of cultural identity. It underscores the importance of recognizing and respecting indigenous knowledge systems, customary practices, and their deep-rooted connection with the land and wildlife. Moreover, the paper investigates the role of community-based conservation initiatives in promoting coexistence. By actively involving indigenous communities in conservation efforts, empowering them through capacity building, and acknowledging their rights to participate in decision-making processes, a more inclusive and sustainable approach can be achieved. The findings of this research emphasize the need for a balanced approach that respects both wildlife conservation and the rights of indigenous tribes. It calls for the formulation of comprehensive policies that integrate traditional ecological knowledge with modern scientific approaches, ensuring that the rights and interests of indigenous communities are duly recognized and protected. Ultimately, this paper aims to contribute to the ongoing discourse on wildlife protection and indigenous rights by providing insights and recommendations for policymakers, conservation practitioners, and indigenous communities. It advocates for a harmonious coexistence between wildlife and indigenous tribes, where conservation efforts go hand in hand with the preservation of cultural diversity and the well-being of indigenous communities.

The monist versus dualist theory of international law has long been debated as two contrasting approaches to the relationship between international and domestic law. While these theories may have limited explanatory value in practice, they serve as valuable analytical tools for understanding the interplay between the two legal spheres. Monism posits that international law is incorporated into and superior to domestic law, creating a unified legal system where international law governs over domestic laws. On the other hand, dualism argues for a clear separation between international and domestic law, with international law requiring domestic implementation to be binding at the national level. This paper examines the monist and dualist theories of international law and their implications in India's legal framework. India follows a dualist approach, requiring enabling legislation by Parliament to give effect to international treaties. However, recent judicial decisions have deviated from this approach, allowing for the direct integration of treaties into domestic law in certain cases. This raises concerns about the separation of powers and the infringement on Parliament's law-making authority. The paper also highlights the mixed approaches to international law adopted by many countries, including the United States, which combines elements of both monism and dualism. It discusses the challenges posed by the democratic legitimacy of international law and the translation of treaty commitments into enforceable norms. In conclusion, the paper argues that India's international legal standing is inconsistent with its constitutional policy, as the courts have been incorporating international treaties without enabling legislation. It emphasizes the need to strike a balance between monist and dualist perspectives to promote the rule of law in the international sphere while respecting constitutional safeguards. The ongoing scholarly and legal interest in this topic demonstrates the quest for understanding how international legal norms can be enforced in a democratic and politically legitimate manner to advance human rights, economic growth, and world peace.

Mediation as a process is the dialogue carried out by parties to a dispute to reach an amicable settlement to the same with assistance of a neutral third party. Along with arbitration and reconciliation, mediation has found an increasing importance in delivering solution in disputes in an effective and fast manner in comparison with the traditional adjudication process. The need for Alternate dispute resolving systems in India for relieving the Indian judicial system of unending litigation has been pondered a lot, as the quasi-judicial system formed to achieve the objective is overwhelmed. The mediation bill, 2021 thus can be considered to be another effort from the part of the legislature to deliver justice by institutionalizing the mediation process. A step in the right direction the bill aims to establish pre-mandatory mediation, mediation councils, community mediation, online mediation, mediation fund etc. Although an inspirational initiative, the said bill had some issues found on further analysis which was visibly marked by the parliamentary committee which did recommend various changes in the report it had submitted. Including these, a plethora of issues can be found in the bill that needs to be addressed such as the legality and reasoning of the pre-mandatory litigation, absence of provision for enforcing internationally mediated agreements, the constitution and independence of the mediation council among many. As there are many models of mediation based on different criteria and different frame works of mediation that has been implemented in many western nations successfully, our nation can look up to them for some light that can be shed upon on our own problems. The success stories of mediation includes the Italian one where there is a unitary and mandatory implementation of mediation and that of the Australian one where there is federal and liberal implementation of mediation, both reaping positive effects. The mediation bill, 2021 can undoubtedly become a game changer if it could be chiseled out more sharply by addressing the issues it is burdened by.

This paper is an analysis of how causation is established in medical negligence. Causation is how a case of medical negligence is established. There are three types of tests that can be used and three types of damages that can be awarded to a person. The first section of the paper discusses a landmark case of medical negligence wherein, with the help of the facts, arguments, and judgments, causation is determined in the discussion section. The second section explains the three tests of causation. The final section of the paper focuses on the criticism of a test of causation and the transition to another test of causation.

Cyber – Crime in the contemporary times has become a squander and well an acquiesce to many nations across the world thus, making it an international or perhaps an unidentifiable global crime which needs to be addressed forthwith. It is a paradigm where the jurisdiction of many atone nations have not been able to surpass unless a multi-lateral treaty has been furnished to tackle this heightened global terror and a crime. Wherefore, coming to the main context in the standpoint of India, it has been hoodwinking since the laws are weak and cannot imbue the local jurisdiction of the Courts and legal enforcements which fail to trace the source and provide any security towards the common citizens of India. Additionally, looking at the advancements in tackling cyber-crime in India, it conceptualised the Information of Technology Act, 2002 which was later amended in the year 2008, but did not engulf to safeguard the interests and swipe the prevalent issue in question of nabbing cyber-criminalities in India. Therefore, it is a need of an hour to resolve the cyber- crimes in India including the crimes such as hacking, illegal access, misuse of devices, illegal interception, computer related fraud or forgery, offences related to copyright, neighbouring rights, cyber bullying and child pornography which are some of the pertinent crimes new to the mainstream of the population in India. Therefore, it is portent to address these issues and redress it in accordance with the existing laws and measures which could curb such widespread crimes to meet the ends of justice. Furthermore, this research would highlight and address the inception of cyber-crimes and its impact in the Indian society with an overview of the investigative procedures including counter-measures to tackle, deter, apprehend.

March 8th, a month that has been celebrated worldwide as Women's Day all around the globe for years. It is a month when we rejoice in the existence of women with a lot of fervour and hope. But all of this falls quick whilst we study the gory truth wherein a man can rape a woman so long as she is his spouse without objection or interference from Indian society and the Indian legal system. India is one of the 32 international countries that still does not criminalize marital rape. The loss of consent right here is the important key element. In the past, sexual intercourse within marriage were considered a right of the spouses. The concept stems from the historic difficult notion that the wife is the husband's property. Early laws defined rape as a robbery of a man's property and did now no longer recall it as a criminal offense against women. Therefore, the same law additionally dictated that marital rape was not possible due to the fact a man could do anything he desires with his property as he pleased. In this article, we will dig deeper into the intensity and apprehend the idea of marital rape and the function it performs and the way it has grown to be an unaddressed stigma in our Indian society.

A basic legal concept that assures impartiality and equity in court proceedings is the notion of due process. When robbing someone of their life, liberty, or property, the government must abide by established processes and regulations, which are incorporated in the 5th and 14th Amendments of such United States Constitution. Individuals are guaranteed notice of the allegations against them, a chance to be addressed, as well as a fair and unbiased decision-maker through the use of due process. The theory of due process as it now exists under American law, alongside its relevance and effects on society, will all be discussed in this essay. The notion of due process, which assures impartiality and equity in administrative processes, is a foundational element of administrative law in India. When denying people their rights, privileges, or property, the government must adhere to established processes and rules, as stated in Article 14 of the Indian Constitution. Individuals are guaranteed notice of the allegations against them, a chance to be represented, and just a fair and unbiased decision-maker through the use of due process. The theory of due process under Indian administrative law will be examined in this essay along with its history, contemporary application, relevance, and social effects. It will also look at recent judicial rulings that have reinforced and broadened the safeguards provided by due process laws in administrative hearings. The rights and obligations of people and organisations in dealing with government entities are discussed in this essay. A just and open system of governance must be ensured. It helps ensuring government agencies adhere to proper processes and legal requirements and guards against citizens getting taken advantage of by the state. It covers the significance of due process, its historical development, India's shift from legally prescribed procedure to due process of law, the consequences of due process under administrative law, and other due process-related constitutional clauses and court rulings.

Intellectual property rights (IPR) are the exclusive rights which enable people to claim ownership of their original concepts and innovations in a broad range of industries. There are various kinds of intellectual property rights and one of them being is the trademark. A trademark is a sign or a combination of signs that is used to distinguish the goods or services of one enterprise from those of another. In simple terms, trademarks allow goods and services to be associated with their manufacturer or provider. Trademark can be for a number, name, logo, colors, coined term, color or mixtures of these or shape of goods. In India, the trademarks are protected by The Trademark Act, 1999 which was introduced by the Indian government in order to meet with the TRIPS (Trade-Related Aspects of Intellectual Property Rights) obligation recommended by the World Trade Organization (WTO). The present paper aims in analyzing the basic framework of Trademark laws, its historical background and recent development in the arena of Trade Mark especially in the Indian context. The main objective of the paper is to discuss the position of shape trademarks and its registration procedure in India. Further, to critically analyze the ongoing developments in the issue of overlap between trade mark and design rights. The paper will seek also present relevant case laws and the conclusion on the subject.

This essay explores the possibility of a connection between morality and law. The Hart-Devlin dispute is also extensively covered in this article's analysis. This allows one to determine whether a relationship exists or not. This article also examined the R v. Dudley and Stephens case to bolster the following claim. From a very liberalistic perspective, we should disregard this ongoing discussion rather than simply upholding the letter of the law.

Sexual offenses in India have increased a lot over the last 20 years. Children are the vulnerable group who are victims of such offenses where the offenders overpower them with strength. Overview of the controversial judgments by the Bombay High Court - The Bombay High Court's Nagpur Bench handed down two rulings in two separate cases of child sexual abuse, Libnus v. State of Maharashtra (hereafter referred to as the Libnus case) and Satish v. In less than a week in January 2021, the State of Maharashtra (hereinafter referred to as the Satish case) has drawn harsh criticism for its questionable legal practices. Later in February, the Mumbai POCSO court made some contentious comments in its ruling.

“Violence against women is a manifestation of historically unequal power relations between men and women, which have led to domination over and discrimination against women by men and to the prevention of the full advancement of women”. The United Nations Declaration on the Elimination of Violence against Women, General Assembly Resolution, December 1993 stated that Violence against women and girls continues to be a global epidemic that kills, tortures, and maims – physically, psychologically, sexually and economically. It is one of the most pervasive of human rights violations, denying women and girls equality, security, dignity, self-worth, and their right to enjoy fundamental freedoms. Violence against women is present in every country, cutting across boundaries of culture, class, education, income, ethnicity and age. Women and children are often in great danger in the place where they should be safest: within their families. For many, ‘home’ is where they face a regime of terror and violence at the hands of somebody close to them – somebody they should be able to trust. Those victimized suffer physically and psychologically. They are unable to make their own decisions, voice their own opinions or protect themselves and their children for fear of further repercussions. Their human rights are denied and their lives are stolen from them by the ever-present threat of violence.

Is a woman’s right over her body subservient to the rights of an unborn she is carrying in her womb? This question has been in continuous debate for decades in various forms in every country around the world, and has led to the division of society in two halves. Apart from these perspectives of right to life and right to choice, there is another concern which has compelled the states to frame laws regulating the abortions; the right to life of women itself. Recently, the US Supreme Court has overruled its own judgement, which was delivered in the widely appreciated case of Roe vs Wade (1973) through which it had declared abortion as a constitutional right of women. Due to this, the states of the USA have started imposing laws against abortion which has led to widespread criticism by citizens from all around the world. In addition, it has raised the debate once again regarding women and their autonomy over their bodies, their right to privacy and dignified life. On the contrary, the Medical Termination of Pregnancy (Amendment) Act, 2021 in India has been enacted to expand the access to safe and legal abortion services on eugenic, therapeutic, social and humanitarian grounds to ensure comprehensive care to women. The urge to present this study emerged from the fact that India, which has been considered by the western world as primitive and unmodern till the late 19th century; is among the few foremost countries which had brought legislations to regulate the abortions and has given rights in regards to abortion, to its women and provided for various safeguard measures, as early as in the year 1971. While, on the other hand, women in the USA had to wait for the US Supreme Court’s judgement of Roe vs Wade, 1976 for their rights to have legal abortions. In the United Kingdom, England, Scotland and Wales; the Abortion Act, 1967 made abortions legal as long as specific criteria are met. This paper aims to present a comparative study of the legal mechanism on abortion and rights available to women in this regard; in India, the United Kingdom and the USA.

The development of AI and ML technologies has significantly altered how war is fought, which puts the existing legal system of international humanitarian law in jeopardy. The implications of AI and ML in combat are examined in this abstract, which emphasises the necessity for a thorough knowledge of their potential effects on IHL principles. Artificial intelligence (AI) and machine learning (ML) are being incorporated into weapon systems, targeting procedures, and decision-making, which has ramifications for distinction, proportionality, and precautions in assault. In the creation, implementation, and application of AI and ML technologies, the abstract emphasises the significance of ensuring accountability, human control, and compliance with IHL. Additionally, it emphasises the necessity of increased communication between nations, international organisations, and specialists to address the moral and legal issues raised. The goal is to increase awareness of the critical concerns involving AI, ML, and IHL and to promote additional study and conversations to make sure that these developments in combat adhere to the IHL's guiding principles of humanity, distinction, and proportionality.

The COVID-19 coronavirus is a worldwide pandemic that has spread worldwide due to its widespread distribution and severeness. The global efforts to combat the disease have compelled businesses across all sectors to adopt cutting-edge digital solutions in order to preserve sound corporate governance. In this article, I will discuss the developments happened in rules and regulations pertaining to corporate governance and digitalization in India, the impact of digitalisation in Corporate, how it enchances corporate governance, and its advantages.

This article explores the prevalence of violence against women in India, drawing on data from the National Crime Records Bureau (NCRB) and published sources. It highlights the cultural, social, and economic factors contributing to this issue and emphasizes the need for urgent attention and collective action. The article concludes that addressing root causes, challenging societal norms, and promoting education and awareness are crucial for creating a safer society for women in India.

The Unlawful Activities Prevention Act, 1967 has often been called ‘draconian’ and violative of the Indian constitution. From a historical perspective, India has witnessed threats, emanating internally and externally, to its national security. The implementation of preventive detention laws has been governments’ response to safeguarding the territorial integrity and sovereignty of the state. However, sometimes, the fundamental rights, especially Articles 14, 19 and 21 of the Constitution are compromised during the implementation of provisions like arrest, bail etc. of the UAPA. Firstly, this paper views the UAPA through a critical lens. Secondly, it looks at the possibility of the alteration of the existing legislation such that the fundamental rights of citizens remain intact. After analysing the same, the paper offers strategies to move forward via an approach that is people centric and democratic, without invalidating the security concerns of the government.

Industry 4.0, also known as the Fourth Industrial Revolution, represents a new stage in the organization and control of the industrial value chain. It involves the comprehensive integration of information and communication technologies in manufacturing and related industries, creating a connected environment that includes big data, people, processes, services, systems, and IoT-enabled industrial assets. The primary focus of Industry 4.0 is to generate, leverage, and utilize actionable data and information to drive intelligent industry practices and foster ecosystems of industrial innovation and collaboration. While there are concerns about job displacement due to automation and technologies like AI and IoT, Industry 4.0 is expected to create new job opportunities and transform existing roles. The deployment and maintenance of advanced technologies, data analysis, algorithm development, and human oversight of automated systems are some examples of new job roles that can arise. Furthermore, the productivity, efficiency, and innovation brought about by AI, IoT, and automation can drive economic growth and create additional job opportunities. However, the impact on employment may be unequal across sectors and skill levels. Organizations can prepare for the forthcoming innovations in Industry 4.0 by investing in workforce development, fostering a culture of continuous learning and adaptability, and strategically integrating automation with human capabilities. These proactive measures can help organizations navigate the changing employment landscape and position themselves for success in the era of Industry 4.0. Overall, while the impact on jobs is a subject of ongoing debate, Industry 4.0 has the potential to create new employment opportunities and transform the future of work, provided individuals acquire the necessary skills and organizations embrace the opportunities presented by advanced technologies.