Volume 5, Issue 5 / 2023

One of the important principles of international environmental law is sustainable development. Like the notion of common but differentiated responsibilities and respective capabilities (CBDRRC), the concept of sustainable development is concerned with the relationship between environmental and developmental considerations. The Brundtland Commission has defined the term sustainable development as ‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs’. The Rio Declaration uses the term ‘sustainable development’ in twelve of its twenty-seven principles. But the precise content and contours of this basic concept remains elusive. Rather offer a definition, the declaration outlines various elements of sustainable development. The Paris agreement is a clear indication that our global policy makers and stakeholders of global sustainable development are determined to mitigate the inevitable climate disaster and accelerate sustainable development for the benefit of the people and the planet. One important element is that development, while essential, must remain within the carrying capacity of the environment and, therefore, that environmental protection must be part of development process. The article precisely explores these multilateral facets of sustainable development goals.

The process of developing and putting into practice policies, standards, roles, and processes for managing data across the company is known as data governance. Data quality, consistency, accuracy, relevance, and accessibility are goals of data governance. Monitoring and measuring data performance, compliance, and value are further aspects of data governance. Organizations can achieve a variety of business goals with the aid of data governance, including better decision-making and analytics, bettering customer experience and loyalty, stimulating innovation and difference, and boosting productivity and efficiency. Data governance, however, is not a universally applicable solution. Organizations differ in terms of their data requirements, difficulties, and objectives. The organization's vision, culture, and competencies must be in line with the strategic approach needed for data governance. Additionally, the legal and regulatory framework that governs the organization's data activities must be complied with by data governance. The significance and advantages of responsible data governance for enterprises are covered in this article. Additionally, it offers some legal tactics and top recommendations for adopting efficient data governance. It also looks at some of the issues and developments that could affect how data governance develops in the future. It also includes a few case studies of businesses that have had success with or received praise for their data governance initiatives. The article offers some recommendations on how to enhance corporate data governance procedures and promote a data-responsible culture. The purpose of this article is to offer insightful and practical information to businesses looking to make the most of their data assets.

The handbook on gender stereotypes, released by the Supreme Court of India, is an extraordinary piece of Document that carries immense importance in the quest for attaining equality and justice within society. Through its revelation of the effects of gender stereotypes, this all-encompassing manual illuminates the systemic prejudices and biases that impede personal liberties and obstruct advancement towards a more embracing and impartial society. This manual acts as a commanding treasure trove designed to confront deeply embedded gender assumptions that persist in the fabric of Indian society. Its influence spans across numerous realms, encompassing the legal, cultural, and social domains, ultimately guiding us towards a society that is fair and impartial. The handbook focuses on the importance of gender-sensitive legislation and policy reforms to combat discrimination and advocates for a gender-neutral interpretation of laws to address gender biases and promote equality in the legal system. The handbook also acknowledges the cultural influence of gender stereotypes, which uphold social norms and discrimination, and highlights the significance of education and awareness initiatives to counter these stereotypes, providing educators and policymakers with guidelines to promote inclusive curricula that encourage fair treatment and positive attitudes in educational institutions, ultimately envisioning a liberated society where individuals are not bound by traditional gender roles. The handbook emphasizes the economic impact of gender stereotypes and aims to bridge the gender pay gap and promote equal opportunities for all by advocating for workplace gender parity and encouraging fair employment practices. In addition to this, the manual also highlights the influence of gender stereotypes on marginalized communities, including transgender individuals, sexual minorities, and women from lower socio-economic backgrounds, emphasizing the need for an inclusive approach that considers various forms of discrimination and leads to a deeper understanding and more effective solutions.

“To the world, you may be one person, but to one person you may be the world.” Surrogacy is derived from the Latin word “surrogatus”, which means a person appointed to act in place of another person. Surrogacy is the process of carrying and delivering a child to the biological mother. A woman who cannot be a mother under normal circumstances or voluntarily decides to go for surrogacy chooses another woman who is in fit and healthy condition to keep the baby in her womb for a period of 9 months, later delivering and handing over the baby to the biological parents. It is a type of assisted reproduction in which a woman assents to becoming pregnant for the purpose of giving birth to a child who will be raised by others. Surrogacy has started to become the new normal. If you take a look around 4-5 years back, people were not aware of what surrogacy was and could not believe the fact that medical science has advanced so much that such a thing even exists. A woman who is unable to become a mother now has numerous options for experiencing motherhood through the process of surrogacy.

The advent of computer technology has improved human existence in many ways, including its precision, speed, and efficiency. Crime committed via computers presents a significant barrier to the advancement of any nation. Due to the exponential expansion of online criminal activity, it is almost impossible to escape the incorporation of cyber security into our everyday lives. People often focus their attention on the many techniques and technologies that may be utilized to thwart online criminal activity. This article places an emphasis on the legal response to cyber security and centers its attention on the significance of having laws against cybercrime as a means of directly attaining cyber security goals from an Indian perspective.

The transgender community in India is ignored and faces discrimination in every field. The community is not provided with health facilities, employment, education etc. Without the proper opportunities available and facing abandoned by their families they are left with no other choice than to beg in order to make a living and survive in this cruel world. The harassment, violence and discrimination faced by the community still remains unnoticed. The Supreme Court as well as the Constitution of India provides various rights prohibiting the discrimination against them, however, the ambiguity relating to the concept of gender and the rights of the third gender still persists. After the Hon’ble Supreme Court’s verdict in NALSA, there has been significant attention drawn towards the rights of the third gender community. Despite some positive steps and recognition of their sufferings the major problems that are faced by the community still remains unaddressed. This Research Paper seeks to examine the position of transgender community after the introduction of Transgender Bill and the recent developments and opportunities provided to them by the Government.

This research paper aims to make the readers aware about the crime of voyeurism, which is increasing day by day, but most of the people are not aware about it, and those are having knowledge they hesitate in registering the case if they are the victim of the case. There is a need for the amendment in the voyeurism laws in Bharat to make social media safe for the citizens of our country. This research paper contains the introduction of the voyeurism, research methodology used in this research paper, jurisprudential aspect of the subject matter which contains various provisions and punishment given by the law. Moreover, it contains content, classification, supporting case laws, final finding and results, suggestive measures to cure, and lastly the conclusion of the same.

Forensic science plays a pivotal role in modern criminal investigations, helping to unravel complex criminal cases by providing scientific evidence and analysis. This abstract outlines the importance of forensic science in criminal investigations and its admissibility in court proceedings. It explores how forensic evidence is collected, analysed, and presented in a legal context. Forensic science encompasses various disciplines, such as DNA analysis, fingerprint identification, ballistics, toxicology, and more. These techniques provide objective, empirical, and reliable evidence that can establish or disprove facts related to a crime. The integration of technology and innovation in forensic science has significantly enhanced its accuracy and efficiency. The admissibility of forensic evidence in court is subject to certain criteria, primarily the Frye or Daubert standards in the United States. The Frye standard, established in 1923, required that the scientific technique be generally accepted within the relevant scientific community. In contrast, the Daubert standard, introduced in 1993, emphasizes the reliability and relevance of the scientific evidence. Courts assess the qualifications of expert witnesses, the methodology employed, and whether it has been peer-reviewed. Forensic evidence is highly persuasive in court due to its scientific basis. However, it is not without challenges. Issues such as contamination, human error, and subjective interpretation can affect the reliability of forensic results. Therefore, legal professionals, judges, and juries need a deep understanding of the limitations and potential biases within forensic science. This paper highlights the indispensable role of forensic science in criminal investigations, providing a foundation for the prosecution and defence in court. The use of scientific evidence can significantly impact the outcome of trials, ultimately serving the pursuit of justice. However, the admissibility and interpretation of such evidence require a careful balance between scientific rigor and legal principles to ensure fairness and accuracy in the criminal justice system.

This article critically examines the impact of the Goods and Services Tax (GST) on the principles of federalism within the context of the Indian taxation system. GST, introduced in 2017, aimed to simplify the tax structure by unifying various indirect taxes levied by the central and state governments. While the GST promised economic efficiency and uniformity, this study delves into its repercussions on the federal structure of India. The analysis begins by exploring the historical evolution of federalism in India and the constitutional framework that delineates the powers and responsibilities of the central and state governments. Subsequently, it scrutinizes the redistributive implications of GST, questioning whether the uniform tax rates and centralized administration erode the autonomy of states. The article also examines the decision-making process within the GST Council and its potential impact on the federal character of governance. Furthermore, the article investigates the challenges faced by states in adapting to the GST regime, especially considering the diverse economic landscapes and fiscal capacities across different regions. It explores how the one-size-fits-all approach of GST may exacerbate existing economic disparities among states, thereby challenging the principles of cooperative federalism. Through a comparative analysis with international models of federal taxation, the article aims to provide insights into whether the Indian GST model aligns with or deviates from global practices in maintaining a balance between centralized revenue generation and regional autonomy. The findings of this study contribute to the ongoing discourse on the effectiveness and fairness of the GST in upholding the principles of federalism, shedding light on the potential need for reforms in the Indian tax structure.

This paper undertakes a comprehensive exploration of the implications of the Cape Town Convention on aviation insolvency, focusing specifically on its ramifications within the Indian legal landscape. Beginning with a thorough review of existing literature, it synthesizes the scholarly discourse surrounding the intersection of aviation law and insolvency frameworks. Drawing from this foundation, the paper proceeds to elucidate the current insolvency regime prevailing in India, examining its adequacy, limitations, and relevance to the aviation sector. Within this context, the analysis navigates through the intricacies of the Cape Town Convention, shedding light on its provisions and potential impact on aviation insolvency proceedings. One of the central themes explored in this paper is the dearth of dedicated legislation addressing the unique challenges faced by the aviation industry in India. The discussion underscores the critical need for a comprehensive legal framework tailored to the specific requirements of aircraft financing, registration, asset preservation, and the treatment of claims in the event of airline insolvencies. In addition, the paper meticulously analyzes various issues pertinent to airline insolvencies in India, including legal requirements for maintaining the company as a going concern and the cross-border implications of insolvency proceedings. Through this examination, it identifies key challenges and obstacles faced by stakeholders, offering pragmatic insights for mitigation. In its concluding remarks, the paper advocates for the integration of the Cape Town Convention into the Indian legal framework governing insolvency. By highlighting the potential benefits of such integration and proposing actionable steps for its incorporation into the Insolvency and Bankruptcy Code, the paper outlines a pathway towards enhancing the resilience and efficiency of the Indian aviation sector in the face of insolvency challenges.