In the leading environmental law case of Subhash kumar v State of Bihar, the courts and social activists have worked together to ensure that the right to clean water is included in the Fundamental Rights of the Indian Constitution. Public Interest Litigation (PIL) has made it easier to take legal action against violations of the Right to water. This puts pressure on the government to protect the environment using laws and policies. In the Vellore People's Welfare Forum v. Union of India case in 1990, the Supreme Court stated that tanneries polluting water infringed citizens' rights.Similarly, in the Subhash Kumar v. State of Bihar case in 1991, the Supreme Court said that the right to life includes the right to clean water and air. The court decided that citizens could challenge threats to their quality of life under Article 32. The court also explained when PILs could be filed for violations of constitutional rights under Article 32. The courts, especially the Supreme Court in India, played a crucial role in protecting the environment and ensuring fairness in society. They help strike a balance between environmental concerns, people's rights, and development issues. One important area they focus on is restoring groundwater, which is essential for life and recognized as a fundamental right. The Supreme Court has emphasized that access to clean water is part of the right to life and a clean environment guaranteed by the Constitution. They've made several rulings reinforcing this idea, stating that clean water is implicit in the right to a healthy environment under Article 21 of the Constitution.This article discusses the important case of Subhash Kumar v. State of Bihar (1991) by explaining its background and examining the problems and issues that came up in court.
Volume 6, Issue 3 / 2024
Articles · 133
This paper delves into how recent tax reforms impact corporate governance. It explores changes in governance structures, policies, and decision-making within organizations. Through case studies and empirical evidence, it highlights the evolving dynamics of governance in response to tax regulations. The study emphasizes the crucial relationship between tax policy changes and corporate governance practices, offering insights into effective governance strategies amidst evolving tax landscapes.
This dissertation explores the differences between tax avoidance and tax evasion in Indian tax law. It investigates how these practices affect government revenue and fairness. Through analysing laws, real cases, and regulations, it finds challenges in distinguishing legal tax planning from illegal evasion. The study suggests ways to make the rules clearer and enforcement stronger for a fairer tax system in India.
Women plays diverse roles during her lifetime, Motherhood being one of them. Motherhood makes a girl complete but not all women can embrace motherhood naturally . Health problems such as infertility is faced by people around the world. The development of In Vitro fertilization has revolutionized the landscape of fertility solutions , giving individual a chance of having biological children. The concept of surrogacy has been mentioned in ancient texts like Bible and Hindu Puranas. Motherhood is considered a natural and joyous gift, bestowed upon women by nature. From the point of conception to the milestones of childhood , motherhood encompasses a journey of growth, sacrifice, and unconditional love. Since the time of immemorial , couples have faced the issue of infertility .Infertility can occur due to male factor, female factor or combination of both. There are two major types of infertility – Primary Infertility meaning inability to have a baby whereas Secondary means inability to get pregnant after a successful conception. The rising problem of infertility affects 10- 15% of the population of India according to report. Due to low cost , less legislation control and availability of surrogates, India became a center for international surrogacy. The exploitation of poor surrogates and moral arguments against renting of womb could be seen as a boom in surrogacy. The Indian Legislature through enactment of Surrogacy Regulation Act, 2021 try to overcome such issue. This paper critically analysis the provision of the act and its legal and ethical implications. The objective of the study is to shed light on the provisions of the surrogacy regulation act 2021 and its impact. This study also explores the legal and moral issues related with surrogacy . This study utilizes a multidisciplinary approach , integrating sociological perspectives, legal examination to elucidate the intricate dynamics inherent in surrogacy regulations in India. This study assesses the effectiveness of Indian legislature and judicial rulings in analyzing the impact of surrogacy regulation in India. Moreover, the dissertation explores the historical background of the surrogacy regulation in India and its various amendments. The study highlights the shortcomings in the present legislation and suggestions for better legal framework for the surrogacy market. The main aim of this dissertation is to enhance the academic discussion on the surrogacy regulation act 2021, its historical background , key highlights of the Act, shortcoming in the present regulation and legal and moral issues related to surrogacy. The findings of this study provide valuable insights for legal professionals, scholars and policymakers who are committed to examine the ethical and moral ramification related to surrogacy.
It is unclear what is meant by the word "bail" in the legal system. The Medieval French verb baillier, meaning "to give" or "to deliver," is the etymological ancestor of the modern English term bail. To hand over an arrested suspect to his or her bailing agents. In other words, it's a procedure wherein a person who is under arrest or detention by proper authorities gets released from custody in exchange for his promise to appear in court on the day and time previously established. In section 2(a) of the code, bail is classified as bailable or non-bailable; the rest of the bail rules are found in sections 436–450.
According to the Surrogacy (Regulation) Bill 20191, surrogacy is the practice of a woman bearing a child on behalf of an intended pair with the goal of giving the child to the intended couple after the delivery. This article covered the bill's numerous clauses as well as the different kinds of surrogacy and the Indian government's opinion of the legislation. The bill has addressed the two forms of surrogacy: commercial surrogacy and altruistic surrogacy. The Altruistic Surrogacy conditions are presented in Bill2. The certificates of essentiality and eligibility, which are granted by the proper authorities, are also covered in the law. The appointment of relevant officials at the state and federal levels is another topic covered in the measure. The National Surrogacy Board (NSB) and the State Surrogacy Board (SSB) will be the names given to them. The article also discusses penalties, which include fines of up to Rupees 10 lakhs and sentences of up to 10 years. The goal of the Surrogacy Regulation Bill is to control the surrogacy industry, which entails a woman bearing a child on behalf of another person or couple. Generally, the bill contains provisions that address who can participate in surrogacy, what circumstances allow it to be done, and what the rights and obligations of the intended parents, the child, and are the surrogator mother.
In Bangladesh., the Nari-O-Shishu Nirjatan Dmamn Ain 2000 is a special law enacted aiming at the prevention of repression against children and women. The Act contains provisions providing punishment for the offences of abduction, throwing of corrosive substances, rape, murder for dowry and few others. It establishes a special tribunal for the trial of offences under the Act, called, Nari- O-Shishu Nirjatan Daman Tribunal. However, since the enactment of the Nari-o-Shishu Nirjatan Daman Ain 2000 it has been facing criticisms for not being able to prevent the intended offences effectively. One of the major concerns has been the abysmally low rate of conviction in the cases filed under the provisions of the Nari-O-Shishu Nirjatan Daman Ain 2000 and in this paper low conviction rate under Nari-o-Shishu Nirjatan Daman Ain 2000 is evaluated.
The death penalty in India is a controversial and widely discussed subject. The “rarest of rare” guideline has been established to facilitate the death penalty in India. The expression “rarest of rare” symbolizes the concept that the crime the convicts have committed is so horrible that “shocks the judicial conscience” and can only justify the death penalty. The Supreme Court first created this guideline in its famous decision in Bachan Singh v. State of Punjab . The present study investigates the judicial trends on the enforcement of the rarest of rare principle in the last thirty years. It presents an in-depth analysis of cases decided by the Supreme Court to understand various aspects such as interpretation, application, and some determinants to determine if the cases fall within the “rarest of rare” category. The research has indicated that the use of the rarest of rare principle is non-uniform, and there have been instances where the courts provided divergent interpretations of the guidelines. For example, the following factors have been granted different importance by dissimilar benches: nature and brutality of the crime, offender’s criminal record, and any mitigating circumstances. Furthermore, the study emphasises the principle's ongoing nature, with courts occasionally increasing or reducing its scope in response to shifting public attitudes and emergent jurisprudence. This has sparked an ongoing discussion over the efficacy and fairness of the rarest of rare doctrines for guaranteeing just and equitable use of the death sentence. The summary closes by emphasising the importance of a more consistent and transparent framework for implementing the rarest of rare standards in order to maintain the ideals of justice and due process in India's death penalty system.
Merchant banking, a crucial facet of India's financial landscape, encompasses a spectrum of specialised services vital for the efficient functioning of capital markets. At its core, merchant banking involves facilitating the issuance of securities, offering advisory services to corporations, and managing corporate finance activities. In India, the Securities and Exchange Board of India (SEBI) serves as the primary regulatory authority overseeing merchant banking activities, aiming to ensure transparency, integrity, and investor protection. By examining the evolution of merchant banking regulations, the paper seeks to provide insights into the dynamic nature of India's financial regulatory framework and its implications for market participants. Additionally, it explores the impact of technological advancements and global best practices on merchant banking regulations, underscoring the importance of adapting regulatory frameworks to meet evolving industry trends.
The right to education is a fundamental human right enshrined in various international conventions and domestic laws, including the Indian Constitution. However, the COVID-19 pandemic has exacerbated existing disparities in accessing quality education, especially in a country as diverse and populous as India. This paper seeks to examine the legal framework surrounding the right to education in India and its adequacy in addressing challenges posed by pandemics. Employing a doctrinal research approach, this study analyses relevant constitutional provisions, statutory laws such as the Right of Children to Free and Compulsory Education Act, 2009, and judicial decisions to assess their efficacy in safeguarding educational rights during public health crises. Additionally, this paper explores the role of government policies and initiatives in ensuring continuity of education during pandemics, while also considering the impact on marginalized communities and vulnerable groups. By critically evaluating the existing legal framework, this research aims to propose recommendations for enhancing the resilience of India's education system in the face of future health emergencies, thereby advancing the realization of the right to education for all citizens.
This paper analyzes and debates the TRIPS Waiver decision in the context of the COVID-19 pandemic, focusing on its implications for vaccine access and pharmaceutical innovation. It begins by examining the TRIPS Agreement and compulsory licensing mechanisms, highlighting their limitations in addressing global health inequalities. The proposal and eventual decision to waive certain intellectual property rights, particularly related to COVID-19 vaccines, are discussed, along with the debates surrounding this decision. Proponents argue for prioritizing public health and equitable access to medications, while opponents express concerns about the impact on innovation and quality control. The paper evaluates the TRIPS Waiver decision as a positive step but calls for its expansion to include diagnostics and therapeutics. It emphasizes the importance of addressing disparities in vaccine distribution and pharmaceutical access, advocating for coordinated global efforts to ensure fairness and resilience in healthcare systems. Ultimately, the paper underscores the need for a comprehensive approach that balances intellectual property rights with public health priorities.
Artificial Intelligence (AI) has emerged as a pivotal tool in modern law enforcement, revolutionizing crime detection & justice administration worldwide. This paper explores the multifaceted role of AI in the context of India's criminal justice system. In recent years, India has witnessed a surge in both traditional & cybercrimes, necessitating advanced technological solutions for effective detection &prosecution. AI-powered systems have been instrumental in analyzing vast amounts of data to identify patterns, trends, &anomalies indicative of criminal activities. Machine learning algorithms, for instance, enable law enforcement agencies to sift through digital evidence, such as CCTV footage, social media interactions, &financial transactions, expediting investigations &enhancing accuracy. Furthermore, AI-based predictive analytics assist in crime prevention by forecasting potential hotspots & criminal behaviour, allowing law enforcement to deploy resources proactively. This proactive approach not only reduces response times but also minimizes the occurrence of criminal incidents. Moreover, AI technologies have streamlined various aspects of the judicial process, from case management to sentencing. Automated systems aid in legal research, facilitating access to relevant precedents & statutes, thereby enabling lawyers &judges to make informed decisions efficiently. Additionally, AI-driven tools can analyze sentencing patterns &demographic data to ensure fairness &consistency in judgments. However, the integration of AI in crime detection &justice administration also poses ethical &privacy concerns. Issues related to data security, algorithmic bias, &transparency need to be addressed to uphold the principles of fairness &accountability. This paper examines the opportunities &challenges associated with the adoption of AI in India's criminal justice system, emphasizing the need for a balanced approach that harnesses the benefits of technology while safeguarding fundamental rights &principles of justice. Ultimately, AI has the potential to significantly enhance the efficiency &effectiveness of crime detection &justice administration in India, but its implementation must be guided by principles of transparency, accountability, &respect for human rights.
In a world, where Artificial Intelligence (AI) is rapidly becoming integral to our lives, the increasing dependence on transformative technologies poses unprecedented challenges. While AI offers convenience, its swift evolution raises concern, especially about potential threats to human rights. There has been many discussions on how AI and human rights collide, like posing potential threats to data protection, privacy as well as employment security. This study specially focuses on its profound impact on the Right to Reputation. AI is demonstrated by advanced bots such as, the SORA video generator, which can produce life-like videos, realistic visuals and even mimic speech or voice. These technological achievements introduce a looming threat to individual’s reputations, presenting challenges to the right against defamation. While Defamation is recognized by Indian law as both a Criminal (Section 499, of the Indian Penal Code) as well as a Civil (Section 19 of the Civil Procedure Code and the Law of Torts), the difficulty is increased by the lack of legislation specifically addressing artificial intelligences. This paper aims to explore the legal ramifications of defamation caused by AI in India. With a focus on Article 21 of the Indian Constitution, a fundamental right protecting the right to reputation, (as established in cases like Subramaniam Swamy v Union of India), the paper addresses the absence of specific legislation for defamation relating to Artificial Intelligence (AI). Addressing this gap, the paper poses critical questions: How should such cases be handled, and what legal implications arise? It scrutinizes the ethical dimensions and the responsibility of AI developers and users. By shedding light on these crucial aspects, the research endeavours to navigate the intricate balance between technological advancements and safeguarding individual reputations and a hint at potential threats.
Biometric data usage has become very prevalent in the past few years, but the benefits its brings also comes with a fair share of challenges. This paper argues that the law for collection, storage and usage of biometric data in India is not adequate to balance the rights of the individuals vis a vis businesses or the State. It is first argued that there are technical limitations in the safety of personal biometric data through the exploration of the Aadhar project, then the paper further explores the impact of processing of biometric data through analyzing usage by private entities. The paper further contextualizes the Indian and EU law to identify the pitfalls in regulation of biometric data. The paper concludes by stating that the laws currently are not enough and constructive suggestions to fill the identified gap are made.
Intellectual property is the property that is created by the human mind and intellect. Intellectual property rights are growing more and more valuable in the modern day. The Indian government has long offered judicial frameworks and well-established administrative services. The protection of intellectual property rights was crucial to a nation's overall development. Each country has its own laws pertaining to intellectual property. Effective planning and rigorous protection of intellectual property rights are key factors in the economic development of many industrialised nations. IPR encourages innovation, which fuels economic expansion. Nowadays, the main task of any and every firm in the globe is innovation creation. IPR encourages innovation, which fuels economic expansion. The value of IPR laws is being used by the nations to promote their enterprises. IPR grants a restricted right to the author, producer, or administrator when they utilise their product for a finite amount of time. The growth of a nation depends on its intellectual property rights. The impact of IPR on the economic process in many nations relies on different stages of development, such as GDP growth and human capital development, imitation activities and technical advancement, etc. Due to various R&D initiatives, high income nations often create the majority of discoveries. IPR protection also promotes innovation by enabling inventors to profit handsomely from their creations. All things considered, material possession rights have a favourable impact on the economic process in middle-income countries, although this effect is less pronounced than it is in high-income countries. This may be explained by the fact that IPR protection in these nations is very weak. A nation like India, one of the world's most rapidly rising economies, has to focus on increasing market productivity. India is regarded for providing exceptional services to the rest of the world.
This study explores the legality of honour killings within the Indian legal framework, focusing on their socio-legal components and judicial reactions. Honour killings, a deeply ingrained socio-cultural problem in different regions of India, include the assassination of persons, generally women, for purportedly bringing 'dishonour' upon their family or society by their marital choices. Despite India's extensive legal system and commitment to human rights, these deaths continue, creating difficult legal and ethical issues. The paper opens by describing honour killings in Indian culture, emphasising their frequency and cultural foundations. It digs at the legal rules prohibiting murder and how they relate to the phenomena of honour killings. The paper goes on to look at the applicability of various laws relating to domestic violence and women's protection in these situations, highlighting the gaps and difficulty in legal interpretation and enforcement. The article also investigates historic judicial decisions and the role of the Indian judiciary in creating the legal discourse on honour killings. It assesses the effectiveness of current legislation and judicial decisions in discouraging such behaviour and safeguarding victims. The role of law enforcement agencies and their often contentious handling of honour killing cases is also discussed. Finally, the report recommends for a stronger legal framework, stricter enforcement, and a revolutionary societal approach to end the practice of honour killings in India. It calls for the government, courts, civil society, and communities to work together to secure justice and protection for victims of this horrible crime.Honour killings, with women as primary targets and males as secondary targets in the majority of cases, have escalated into terrible forms of gender violence.
This paper explores the intricate relationship between mental health and criminal behavior, delving into various theoretical frameworks to understand the impact of mental health conditions on individuals' propensity for criminal acts. Through an analysis of relevant literature and case studies, this research elucidates the complex interplay of psychological factors, societal influences, and legal considerations in shaping criminal behavior among individuals with mental health disorders. The study also examines the challenges faced by the legal system in addressing these issues, highlighting the need for comprehensive approaches that integrate mental health interventions with legal frameworks. The findings underscore the importance of tailored interventions and support systems to mitigate the adverse effects of mental health conditions on criminal behavior, promoting rehabilitation and reducing recidivism rates within the criminal justice system. This paper delves into the intricate relationship between mental health and criminal behavior, examining various theoretical frameworks to elucidate the impact of mental health conditions on individuals' engagement in criminal acts. Drawing from a comprehensive review of literature and case studies, the research reveals the multifaceted interplay of psychological factors, societal influences, and legal dimensions in shaping criminal behavior among individuals with mental health disorders. It explores how factors such as cognitive impairments, emotional dysregulation, and social marginalization can contribute to increased susceptibility to criminality. the study analyzes the challenges encountered by the legal system in addressing these complexities, highlighting the necessity for integrated approaches that combine mental health interventions with legal strategies. It underscores the importance of tailored support systems and rehabilitation programs in mitigating the adverse effects of mental health conditions on criminal behavior, ultimately aiming to reduce recidivism rates and promote successful reintegration of individuals into society. By synthesizing insights from psychology, sociology, and law, this research contributes to a nuanced understanding of the impact of mental health on criminal behavior, advocating for holistic approaches that prioritize both mental wellness and legal justice.
This paper delves into the multifaceted aspects of international humanitarian law (IHL), examining its historical development, key characteristics, and its pivotal role in the protection of civilian populations and prisoners of war (POWs) in modern conflicts. The study investigates the complex interplay of factors that contribute to the outbreak of wars, particularly in the context of recent conflicts from the early 2000s onwards. The paper begins by tracing the historical evolution of IHL, highlighting its emergence from customary practices and the codification efforts of international treaties. It elucidates the fundamental principles and norms of IHL, emphasizing its humanitarian objectives aimed at mitigating the impact of armed conflicts on vulnerable populations. Central to the discussion is the concept of protection of civilian populations, elucidating the rights and safeguards afforded to non-combatants under IHL. The paper explores the challenges posed by contemporary warfare, including asymmetrical conflicts and the prevalence of non-state actors, which necessitate adaptive approaches to ensure civilian protection. Furthermore, the paper addresses the treatment of POWs, elucidating their legal status, rights, and the obligations of belligerent parties towards captured combatants under international law. It examines recent wars, analyzing the application of IHL principles and the evolving dynamics of conflict-related violence on civilian populations and POWs. Through a comprehensive analysis of recent conflicts, this paper underscores the ongoing relevance and efficacy of IHL in safeguarding human dignity amidst the complexities of modern warfare. It concludes with reflections on the future of IHL, proposing strategies to strengthen compliance and enforcement mechanisms to enhance protection for civilians and combatants in armed conflicts.
The Transgender Person (Protection of Rights) Act, 2019 represents a notable advancement in acknowledging and safeguarding the rights of transgender individuals. However, it falls short of comprehensively tackling the entrenched discrimination that has persistently afflicted this community over the course of several decades. This paper focuses on the gaps in labour law that need to be addressed to ensure true inclusivity and protection of rights for transgender persons. The lack of recognition of benefits for transgender individuals is a significant issue that perpetuates their deprivation of rights. Many transgender individuals face challenges in accessing basic benefits such as health insurance, retirement benefits, and social security. This lack of recognition of benefits not only denies them access to essential services but also reinforces the stigma and discrimination they face in society. The paper also discusses on ICCPR which guarantees the right to non-discrimination on the basis of gender identity. Furthermore, it addresses employer’s responsibility to ensure a zero-discrimination environment under their authority is crucial in achieving this objective. However, the current legal framework does not provide clear guidelines on how employers can fulfil this responsibility. The objective of the Transgender Person (Protection of Rights) Act, 2019, will only be fully achieved when the long-standing tradition of discrimination against transgender individuals truly ends.
In crime investigation, fingerprint procedures are advantageous due to their high accuracy, speed, efficiency, and capacity to analyse complicated patterns and images. Dactylography or the fingerprint system is based on the study of epidermal ridges and their configurations in the palms of the hand. Finger prints collected from crime scene, or on items present at crime scene, can be used in identifying suspects, victims, and other persons who touched the surface. Thus, A fingerprint is an impression left by the friction ridges of a human finger. The recovery of partial fingerprints from a crime scene is an important method of forensic science. Fingerprint records normally contain impressions from the pad on the last joint of fingers and thumbs, though fingerprint cards also typically record portions of lower joint areas of the fingers. The science of fingerprints and its application to crime scene investigation are discussed in this chapter. It seeks to create novel pattern recognition techniques in order to increase the accuracy and dependability of automatic fingerprint identification. The chapter emphasis on the role of fingerprints in the administration criminal justice. The study also presents a thorough overview of crime scene investigation along with recommendations for further research. The evolution of fingerprint science is also covered, along with its roots in history and current methods. The study highlights the growing importance of finger print technology in criminal investigations and discusses the challenges facing the scientific and justice communities in maintaining the highest standards for fingerprint evidence collection, testing, and analysis.
The prevalence of e-banking services is directly proportional to the increase in possibilities for consumers as well as advancements in technologies. In the dynamic landscape of the digital age, the conventional contours of the banking sector have undergone a profound transformation, with the ascent of e-banking standing as a transformative force on the global financial stage. However, it increased people’s susceptibility to fraudulent activities like spamming, phishing and credit card fraud. The paper explores the incorporation of Information Technology Act,2001, in addressing issues related to theft of data and breach of data and cheating of the same nature. Notably, to protect the interests of the consumers of any banking or financial institution this paper delves through the Consumer Protection Act, 2019. This paper further explores the future scope of protection of data of the consumers under the bill passed by the parliament as Digital Personal Data Protection Act, 2023. The study meticulously dissects the challenges and advantages inherent in this digital financial paradigm, offering a nuanced understanding of its implications for both financial institutions and consumers. In essence, this research paper serves as a beacon, guiding policymakers, financial institutions, and consumers alike through the intricate terrain of e-banking regulation. This research paper serves as an insightful exploration into the intricate regulatory framework that envelops e-banking, unravelling the multifaceted layers that dictate its operations.
The imposition of President's Rule under Article 356 of the Indian Constitution is a subject of intense debate, often questioning its utility and implications. This abstract explores whether it serves as a boon or a bane to the Indian democratic framework. On one hand, proponents argue that it provides a mechanism to address breakdowns in constitutional machinery in states, ensuring the maintenance of law and order and protecting democratic values. They contend that it acts as a safety net, preventing chaos and allowing for effective governance in exceptional circumstances. However, critics argue that its frequent misuse by central governments poses a threat to federalism and undermines the autonomy of states. They highlight instances of political opportunism and abuse of power, where President's Rule has been imposed for partisan interests rather than genuine constitutional concerns. Additionally, concerns over its impact on democratic principles such as popular sovereignty and the principle of separation of powers are raised. This abstract delves into the complexities surrounding President's Rule, analyzing its historical context, legal framework, and socio-political implications to provide a comprehensive understanding of its role in the Indian polity.
Water, as one of the most crucial elements for human survival, faces significant threats due to human-induced pollution. Internationally, The United Nations Conference on Human Environment in 1972 in Stockholm, drew attention to the preservation of natural resources, including water, and efforts have been made worldwide to combat pollution. In India, the Water Pollution Act of 1974 was enacted to address these concerns. However, despite legislative measures, shortcomings persist, particularly in the ambiguity surrounding fines and punishments outlined in the legislation. This paper examines the judicial response to controlling water pollution in India in light of these legislative deficiencies. Through a comprehensive analysis of legal cases and precedents, it evaluates the effectiveness of the judiciary in enforcing water pollution laws, highlighting areas of success and areas needing improvement. By scrutinizing judicial interpretations and interventions, this study aims to provide insights into the challenges and opportunities in mitigating water pollution through legal avenues and also proposes suggestions.
With his claim that a society in which those with resources assist those in need is not merely moral but also rational, John Rawls revitalised the fields of political and ethical philosophy. It was his idea to apply the positivist method to moral and political issues. This interpretation is new; in fact, it is more commonly believed that he broke with positivism, restored the social contract and Kantian traditions, or brought rational choice to ethics. These more widely accepted interpretations are partially based on Rawls’ own self-descriptions as a Kantian, a social contract theorist, and a rational choice theorist. The scope of the argument and its support have been shaped by considerations of justice, social practices, moral psychology, the consequences of morality, and the nature of philosophy in ethics. He took a positivist approach to philosophy, even though the social contract traditions were now used to reframe this positivism. Rawls’ magnum opus, “A Theory of Justice,” has integrated all these subjects. But this book’s guiding philosophical conception was predictably anti-foundational. This research paper focuses only on the first section of the book because it has the essential premise of his argument. It is that the positivist expectation that all reasonable people will reach the same conclusion in their assessments and because it is this premise that explains the contradictions in his opinions and, so, the way his ideas developed later. Although various scholarly commentators have concurred with Rawls, their interpretations of how the principles of justice originated from and applied to everyone have significantly varied.
This research aims to articulate the pressing need for electoral reforms in India, with specific reference to the challenges faced by Election Commission of India (ECI) in ensuring that elections remain free and fair. It explores various aspects related to electoral reforms. The research begins with an opening part highlighting the significance of democratic systems based on free and fair election scenarios, then moves on to advocate a centralised independent ECI, examines existing composition of ECI, responsibilities or duties of ECI as well as some other major issues in election process such as funding of election and criminalization in politics. After examining the independence of ECI in the light of appointment process of election commissioners and discussing the Supreme court verdict on the appointment process it concludes with an evaluation of the controversial scheme for electoral bonds designed by government and viewed as unconstitutional by Supreme Court. Throughout this, the paper aims to provide a comprehensive understanding of why there is a dire need for electoral reforms in India through extensive analysis of these subject matters. This will enable it absorb information that can help strengthen its electoral system and preserve democracy’s key attribute which is holding free & fair elections.
Since the advent of the dot-com boom, there has been a profound surge in internet consumption, leading to a parallel rise in digital marketing. Analogous to traditional marketing, where each product carries distinct goodwill and serves as a means of source identification, the digital landscape has witnessed a translation of this concept onto domain names and websites. Recognizing the imperative role of trademark law in safeguarding this source identification function and preventing free-riding on the established goodwill of products, the authors of this paper advocate for the trade markability of domain names. The underlying premise posits that, in theory, there is no substantive difference between the protection afforded to physical products and their digital counterparts. Conducting a comparative analysis across various countries, the authors discern a lack of a uniform trend in legislating provisions against cyber-squatting and a dearth of a formalized registration process for domain names beyond the prevailing first-come, first-served principle. This regulatory vacuum creates a conducive environment for cyber squatters to exploit the system by pre-registering domain names and subsequently selling them at inflated prices. Employing a doctrinal research methodology, the authors offer insightful suggestions for statutory law enhancements and propose alternative dispute resolution mechanisms. These recommendations aim to streamline and fortify the domain name allocation process, fostering fairness and discouraging cybersquatting practices. In essence, the authors seek to bridge the existing gaps in legislation, ensuring a more equitable digital landscape for all stakeholders.
Environmental, Social, and Governance (ESG) factors have gained significant attraction in the realm of international finance, shaping investment decisions and corporate strategies. This paper delves into the intricate dynamics of ESG integration in the global arena, aiming to shed light on its multifaceted dimensions and implications. This paper explores about the undertakings of United Nation Sustainable Development Goals (UNSDG) with an objective to secure a sustained future, economic growth and social welfare and focuses on five key areas – people, planet, prosperity, peace, and partnership. Secondly, the research delves into different ESG approaches of various countries such as the American Approach, then the ESG through a European Eye, ESG perspectives in India and Africa, challenges associated with ESG measurement and reporting on a global scale. It analyses the diverse methodologies and metrics by stakeholders to assess ESG performance, highlighting the complexities of standardization and comparability across jurisdictions and industries. Drawing on empirical evidence and case studies, it elucidates the correlation between strong ESG practices and long-term value creation, while also acknowledging the measures by pro and anti ESG states, various regulations, guidelines, and conduct. Lastly, the paper discusses the role of stakeholders, including governments, investors, corporations, and civil society, in advancing the ESG agenda on a global scale. It emphasizes the importance of collaboration and dialogue in fostering sustainable development and addressing pressing socio-environmental challenges.
This article focuses on the continual injustices and difficulties that the LGBTQIA community faces, as well as the complicated state of mental health within that community. It clarifies the greater prevalence rates of depression, anxiety, and substance use problems among LGBTQIA people compared to their heterosexual and cisgender counterparts by a thorough analysis of the body of research and empirical data. A critical analysis is conducted on the factors that lead to these discrepancies, such as stress experienced by minorities, discrimination, social stigma, and limited availability of affirming health treatments. The piece also examines the intersections of identity within the LGBTQIA community, recognizing the connections between mental health issues and socioeconomic class, race, ethnicity, and gender identity. It’s critical to comprehend these complexity in order to build inclusive and successful therapies that support LGBTQIA people’s mental health. The article’s main focus is on the mental health of LGBTQ community. Due to stigma, discrimination and victimization Lesbian, Gay, Bisexual, Transgender, Queer, Questioning or Intersex (LGBTQI) youth face particular challenges in society. With the intention of better understanding the challenges and issues that LGBTQI youth are experiencing, this systematic review explored qualitative studies with a focus on mental health services and the requisite social support service policies and programs for LGBTQI youth.
Partisan gerrymandering has endured its relevance for decades. The implications of gerrymandering are not confined to the clash of ideologies and voter distribution turf among numerous political parties, but they extend to the political misrepresentation of the qualified voting populace. The central ambition of the “Delimitation’ process is to create equitable representation in the democratic society. With the changing population dynamics, alterations in the electoral boundaries to ensure fair representation is a crucial and recurring undertaking. Hence, digital tools can be an extremely potent source for executing electoral boundary redistricting or appropriate distribution of voting precincts. The GIS technology can ensure that boundaries are drawn without any partisan manipulation as it is skilled at generating diverse boundary configurations on the basis of evolving population statistics which can further depoliticize the entire redistricting process carried out by the Independent Redistricting Commission or State Legislature. The technology can transform the way we work. One sole entity could easily generate countless plans and can specify using advanced spatial software the presence of gerrymandering, thereby developing unbiased delimitation proposals. The researcher through this study aspires to offer a detailed explanation of partisan gerrymandering and how it could be combated through the use of geo-spatial technology.
Professionals of mass media like other professionals are governed by all the laws of the land. In the profession of mass media as in other professions, there is a sizeable area of activity which remains out of the domain of law and must be governed by a professional code of ethics or self-regulation. Various Codes of Ethics have been formulated from time to time to guide journalists and the mass media. It is not possible in the Code of ethics to detail all the probable incidents which could come up for discussion on ethical grounds. To formulate a comprehensive, rigid Code of ethics for a journalist is neither feasible nor prudent. Yet, some organizations have adopted Codes of Ethics.
"We are all Realists now," as the saying goes. Viewed not simply as jurisprudential movements, but as parts of their broader political cultures, American Legal Realism and Scandinavian Legal Realism sought to assert independence from the existing legal systems of the past. With their democratic claims and claims of scientific and empirical aspects of law, these movements significantly influenced subsequent critical legal studies. The impact of these movements was particularly traceable across the atlantic. Although the influence of these movements have now reduced, the claims and ideas of the two movements are still relevant to the Indian context to some extent. This article endeavors to explore the relevance of ALR and SLR within the framework of the contemporary Indian judiciary. The article commences with an examination of the shared characteristics and distinctions between these two jurisprudential movements. Subsequently, it scrutinizes the assertions of these movements within the specific context of India. By dissecting their relevance in the Indian legal landscape, the article aims to provide insights into how these theoretical frameworks intersect with the complexities of the Indian legal system.
Cryptocurrency trading gained prominence in India during the COVID lockdown, with current transactions now reaching an impressive $250 billion, second only to the USA. Nevertheless, the government has yet to establish a comprehensive mechanism for taxing and maintaining regulatory oversight over cryptocurrency. Initially, the central government was enthusiastic about prohibiting cryptocurrency in 2021, going so far as to draft a bill for that purpose. However, the central government swiftly recognized the inadequacy of this idea. This realization, combined with the Supreme Court's annulment of the RBI circular banning cryptocurrency in March 2020, brought an end to the initiative. Moreover, on March 7, 2023, the Central government instituted a flat tax of 30% on cryptocurrency through the introduction of Section 115 BBH in the Income Tax Act, 1963. This action indirectly—though not officially—acknowledged cryptocurrency transactions in India. Consequently, the Income Tax Authority is now legally empowered to levy taxes on cryptocurrency. Nonetheless, the RBI governor, as of January 2023, emphatically asserted the imperative of banning cryptocurrency due to its perceived threat to the financial stability of the country. The government's exclusive focus on levying taxes on cryptocurrency, without considering the potential for individuals to incur losses and still be obligated to pay taxes, alongside restrictions on the carry forward of losses, has resulted in more complications than it ostensibly aims to resolve. The absence of clarification regarding whether cryptocurrency is classified as a security, income, asset, legal tender, etc., has led to a lack of SEBI oversight. Consequently, conflicting ideas and approaches on cryptocurrency persist among the government, RBI, SEBI, and IT department. Therefore, there arises a necessity to draw insights from countries where cryptocurrency transactions are widespread, comprehend their regulatory and tax frameworks, and formulate a bespoke approach for India to regulate and tax cryptocurrency.
International treaties and declarations acknowledge specific rights that belong to every individual. Among these rights is the right to sexual and reproductive health. Since the Cairo Conference on Population and Development in 1994, the human rights movement has embraced the notion of reproductive rights. Women's rights are affirmed in relation to reproductive and sexual health as fundamental to their overall well-being. These rights encompass the right to have adequate reproductive health care, choose the method of birth among others. This paper explores the key legislative and judicial milestones that have shaped reproductive rights in India, including the landmark cases and progressive amendments to laws. Furthermore, the paper analyses the policies and programs implemented by the Indian government to address reproductive health issues, including family planning initiatives, maternal health programs, and efforts to combat gender-based discrimination.
The term Marriage has been defined by various sociologists and jurists time and again, yet the pith of it has remained pristine throughout. It implies the union of two souls. The sanctity of every relationship including the institution of marriage is built around trust, understanding, love, and consent. The thread that holds the bonding firmly is the mutual understanding and the consent of the two individuals. But the very foundation of this sacred institution gets disintegrated the moment trust and consent dissipate. Martial rape or to be more precise, non-consensual sexual intercourse is certainly the menace that jeopardizes the basic human rights of the wife especially her right to life, dignity, liberty, and her right to say no. The lacunae present in the Indian laws because of which such a menace as marital rape is perpetuated and immunized from penalization reverberate the archaic patriarchal notions that regard the wife as the property of her husband and also exemplify that marriage is nothing but a license given to the husband to satiate his desires by meting out inhumane treatment to his wife. This paper will strive to throw light upon the ongoing contentions revolving around marital rape laws in India while discussing the latest judicial pronouncements, the constitutionality of the non-criminalization of marital rape and it'll also attempt to underscore the need for an amendment in light of the existing legislations on marital rape in other countries. This paper will also discuss the public-private dichotomy and how marital rape in India is still viewed as a domestic violence. In the end, this paper will attempt to draw an outline of the probable roadmap and the way forward that can safeguard the victim's basic fundamental and human rights from this menace.
Ever noticed cheat codes on making millions overnight or ever felt a sudden rush to embrace the world of entrepreneurship after binge-watching Shark Tank? These intriguing scenarios serve as entry points into the captivating realm of financial influencers, commonly known as "finfluencers." Leveraging digital platforms, these individuals disseminate financial advices and investment strategies, wielding considerable sway in the digital age. Through notable cases involving individuals like Mr. P R Sundar and his Mansun Consultancy Private Limited alongside other cases who have exemplified the ramifications of misleading financial advice within the finfluencer sphere, the paper delves into the rise of the Securities and Exchange Board of India’s (SEBI) consultation paper outlining guidelines to govern these activities. This paper scrutinizes, before these guidelines are approved and set into motion, critical loopholes that necessitate addressing. These gaps in regulation pose significant challenges to effective enforcement and risk mitigation in the rapidly evolving realm of digital financial advice. Furthermore, the implications of these regulatory developments extend beyond mere compliance. They intersect with broader considerations of corporate governance, as they fundamentally influence market integrity, investor protection, and transparency. As such, the efficacy of these guidelines not only impacts the activities of individual finfluencers but also shapes the broader corporate governance landscape within the financial industry. The paper thus undertakes and aims for an analysis of the multifaceted implications arising from the regulation of finfluencers and its interface with corporate governance frameworks.
In an era where digital technologies are vast, the notion of cybersecurity has become important to the security and integrity of our connected environments. This essence provides an elaborate oversight of the intricate domain of cybersecurity in the digital sector, sketching the main issue, solutions and difficulties related to safety our digital assets. The term "digital domain" denotes to a broad range of circumstances, including personal electronics, corporate networks, critical infrastructure, and the Internet in common. The Internet of Things (IoT) has developed several opportunities, but it has also made new attack vectors and weaknesses that can endangered the availability, secrecy, and integrity of linked systems. A systematic and detailedperspective to find out and to reduceprobability security weaknesses is crucial in the growth of a protected Internet of Things ecosystem. Ideas related to cybersecurity research are crucial in the sense that they serve as a basis for making and executing security solutions that can deal with new threats. The digital domain covers a broad range of references, including personal gadgets, business networks, critical infrastructure, and the Internet as a whole. The essence looks at how the threat landscape is changing and covers a broad range of cyber threats, from intricate nation-state-sponsored steerage to malware and phishing attacks. The enhanced number of cyber-attacks poses a grave threat to financial institutions, public safety and national security, in addition to weaknesses data privacy and secrecy. Progressing such requirements requires an interdisciplinary team attempt with multiple stakeholders, involving domain experts, network architects, system designers, and cybersecurity experts. The complexity web of internet platforms and applications in the digital marketing industry makes cyberattacks especiallyoften. A hacked website or tempered with online impedance can cause operations to be obstructed, trust to be lost, and brand reputation to be cause harm. A number of contrivance and technologies are used to reducethis intimidation, from machine learning-based inconsistencytrace and artificial intelligence to firewalls and antivirus programs. Besides, strong policies, employee training, and incident reactionprocess are part of a detailed cybersecurity program that goes ahead technical security steps. Together with the digital sector, cyber security should also move ahead. The Internet of Things (IoT) and quantum computing are two new technologies that come with their security anxiety in the abstract. It also insists how crucial international cooperation and regulation are becoming in the pursuit of a safer digital environment. The abstract thrown light on the fact that cyber security is a vast and movingdomain in the digital sphere. Given the moving and intricate nature of cyber threats, it is crucial for individuals, corporations, and government entities to be alert and flexible. A detailed plan that unified technology, law and human understanding is crucial to effectively protect our digital future.
This research paper provides a comprehensive overview of the evolving landscape of Generative AI, examining its rising utilization, associated privacy concerns, and regulatory frameworks. It begins by delineating the tiers of AI systems, from Narrow AI to the theoretical realms of General AI and Super AI, focusing on the practical applications of Generative AI in content creation across various sectors. Amidst this surge in AI adoption, the abstract highlights the escalating privacy and security concerns, particularly regarding the potential misuse of personal data and the proliferation of deepfake content, which pose significant risks to individuals and societal stability. It discusses notable instances of privacy violations and deepfake-related scams, emphasizing the urgent need for robust governance structures and security protocols. In this context, the abstract explores the regulatory frameworks governing Generative AI, including the GDPR in the European Union and the Digital Personal Data Protection Act in India, outlining their provisions aimed at safeguarding personal data and ensuring compliance. It underscores the importance of transparency, data minimization, and rigorous security assessments in mitigating privacy risks and fostering ethical development and deployment of Generative AI technologies. Overall, the abstract calls for collaborative efforts among stakeholders to address privacy challenges effectively and establish ethical standards for the responsible use of Generative AI in the digital age.
The Nokia versus Daimler conflict arose within the context of an intense and ongoing struggle surrounding connected car technology. Several of Nokia's patents were designated as "standard essential" by the European Telecommunications Standards Institute (ETSI), obligating Nokia, as a holder of Standard Essential Patents (SEPs), to offer patent licenses to third parties on Fair, Reasonable, and Non-Discriminatory (FRAND) terms. The latest car models from Daimler come equipped with a Telematics Control Unit (TCU), facilitating internet connectivity through LTE. Owners of these vehicles can utilize the TCU to access a variety of internet-based services, such as satellite navigation and music streaming, and receive vehicle updates remotely, foregoing the need for in-person dealership appointments. Although Daimler, also termed Original Equipment Manufacturer (OEM) does not produce the TCUs itself, it procures these units from a Tier 1 supplier of Telematic Control Unit (TCU) upstream in the supply chain. Subsequently, this Tier 1 supplier relies on a Tier 2 manufacturer of Network Access Device (NAD) to acquire the necessary subcomponents for the TCUs, and the chips essential for manufacturing these subcomponents are sourced from a Tier 3 supplier of chips manufacturers. Thus, instead of acquiring licenses itself, Daimler wanted one of its suppliers to be granted these licences. Nokia, on the other hand was adamant not to do the same as the asking price of the SEP would not be same if provided on FRAND terms to Daimler and its suppliers. As expected, Nokia filed multiple infringement suits across Germany primarily in Munich, Mannheim and Dusseldorf. The following case study follows the suit in the Regional Court (Landgericht) Of Mannheim, Germany.
This comprehensive study delves into Roscoe Pound's theory of social engineering within the context of LGBTQIA+ rights, focusing on India and comparing it with the United States. Pound's theory underscores the dynamic role of law in harmonizing individual and societal interests, challenging traditional legal paradigms. The research analyses the legal landscape for LGBTQIA+ individuals in India post-Section 377 decriminalization, highlighting persisting challenges such as marginalization, harassment, and limited legal recognition. A comparative examination with the United States reveals substantial advancements in LGBTQIA+ rights, demonstrating the need for legal reform in India. Drawing on Pound's theory, the study advocates for a multifaceted approach integrating policy changes, anti-discrimination laws, inclusive education, accessible healthcare, family support, and positive media portrayals to foster societal acceptance and recognition of LGBTQIA+ rights. The findings underscore the relevance of social engineering principles in addressing societal disparities and advocating for legal reforms to promote a more equitable and inclusive environment for LGBTQIA+ individuals in India. This study emphasizes the imperative of adapting legal frameworks to reflect evolving societal needs and ensuring justice, dignity, and equality for all individuals, irrespective of sexual orientation or gender identity.
Intellectual Property is a dynamic field which incentivizes innovation and grants certain rights to IP holders. These rights include the exclusive right to sale and distribution as well. This can lead to creation of monopoly in the markets. Competition law is attracted in such situations which is enforced primarily to ensure that there is no monopoly in the market and therefore, no abuse of dominance in the market. IP rights also include the right to exclusive licensing and such a licensing is necessary to ensure that there is no monopoly in the market but sometimes, IP licensing itself shows anti-competitive elements and therefore, it becomes important to trace the competition law issues that are faced by IP licensing. This paper will analyze how does IP licensing affect the competition in the market in US, EU and India and what are the competition law issues in IP licensing. It is hypothesized that the current framework of IP licensing follows a precautionary approach with regards to competition law with the application being more on a case-by-case basis rather than an absolute principle followed in each case. Therefore, there is need to study this nexus further to develop more efficient guidelines to deal with such cases.
This research paper explores the constitutional dimensions surrounding reproductive rights and the use of reproductive technology in India. The constitutional framework performs a pivotal role in shaping the discourse on reproductive rights, encompassing issues that include autonomy, privacy, and gender equality. The paper delves into the ancient improvement of reproductive rights within the Indian constitutional context, highlighting key criminal milestones and judicial interpretations. The examination also examines the constitutional challenges and debates surrounding the software of reproductive technologies, which includes assisted reproductive technology (ART) Analyzing applicable constitutional provisions, landmark court docket selections, and legislative tendencies, the research objectives are to provide a comprehensive understanding of how the Indian Constitution addresses the complexities of reproductive rights and technology. Furthermore, the paper explores the intersectionality of reproductive rights with broader constitutional concepts, including the proper to lifestyles, liberty, and equality. It investigates the evolving nature of reproductive rights jurisprudence in India and its effect on societal attitudes and policy formulations. By synthesizing legal doctrines, constitutional provisions, and societal implications, this study contributes to the continued discourse on reproductive rights and technologies in India. It offers insights into the constitutional framework's role in shaping legal guidelines and guidelines associated with reproductive health, family-making plans, and the ethical use of reproductive technology. This observation's goal is to inform policymakers, legal scholars, and the overall public about the constitutional intricacies surrounding reproductive rights and technologies inside the Indian context.
Conflict-related Sexual Violence (Conflict Related to Sexual Violence) is frequently and purposefully utilized to target people, inflicting permanent suffering and humiliation, harming households and the very fabric of society, causing displacement, and igniting the activities of armed characters. Conflict Related to Sexual Violence is fueled by governing territory or resources that can be driven by political, military, or economic purposes. This kind of violence is additionally utilized as a strategy in terrorism and militant extremism. Women and girls continue to be the group most affected by Conflict Related to Sexual Violence, in part because of historical patterns of gender inequality and discrimination. The expression "conflict-related sexual violence" refers to sexual slavery, rape, prostitution by force, forceful pregnancy, compelled abortion, forced sterilization, forced marriage, and any other form of comparable sexual violence performed towards women, men, girls, or boys, without delay or in a roundabout way associated with a conflict. It has never been easy to explain why soldiers commit atrocities or to describe how individual malice, battlefield frustration, national propaganda, military culture, and orders from superiors can combine to create such horrors.
The 21st century has witnessed a significant transformation in the landscape of cybercrime, driven by the rapid advancements in artificial intelligence (AI). This paper explores how AI technologies are reshaping the tactics, tools, and profiles of cyber criminals. AI's integration into cyber criminal activities has led to more sophisticated and elusive threats, challenging traditional security measures. Machine learning algorithms, for instance, enable cyber criminals to automate attacks, enhancing their precision and scalability. AI-driven tools can identify and exploit vulnerabilities more efficiently, making attacks faster and harder to detect. Moreover, AI-powered social engineering tactics, such as deepfake technology and advanced phishing schemes, have become increasingly prevalent. These tactics leverage AI to create highly convincing fake identities and scenarios, deceiving even the most cautious individuals and organizations. Cyber criminals now use AI to analyze vast amounts of data to identify potential targets and tailor their attacks, increasing the likelihood of success. The paper also examines the changing profile of cyber criminals in the AI era. Traditionally, cybercrime was dominated by individuals with significant technical expertise. However, AI has lowered the barrier to entry, enabling less skilled individuals to execute complex attacks using readily available AI tools. This democratization of cybercrime has expanded the pool of potential offenders, diversifying their methods and objectives. In response, cybersecurity strategies must evolve to counter AI-driven threats. This includes developing AI-based defense mechanisms that can anticipate and neutralize attacks in real time. Furthermore, there is a need for comprehensive legal frameworks and international cooperation to address the challenges posed by AI in cybercrime. The infusion of artificial intelligence into cyber criminal activities represents a paradigm shift in the threat landscape. Understanding and addressing these evolving contours is crucial for enhancing global cybersecurity and protecting digital infrastructures in the 21st century. This paper aims to highlight the critical intersection of AI and cyber-crime, offering insights into the emerging trends and potential countermeasures.
Judicial control over administrative action in India is a cornerstone of the nation's democratic framework. This analysis offers an extensive exploration of the mechanisms, legal framework, historical context, and recent developments in judicial control over administrative actions in India. This highlights the pivotal role played by the judiciary in safeguarding citizens' rights, ensuring government accountability, and upholding the rule of law.
In a democratic system of governance, all citizens are considered equal before the law of the land. There should be no room for disparities among them at any stage of life. While natural differences may exist, political and legal equality must prevail for all. In India, pervasive social, economic, and educational discrimination has persisted since its inception. Weaker sections of society have long been denied their rights. Thus the reservation policies have been utilized as a means to mitigate historical inequalities and empower marginalized communities. This paper investigates the intricate relationship between reservation policies and social justice in the Indian context through an analysis of theoretical frameworks surrounding social justice, as well as an examination of the Indian Constitution's provisions affirmative action. This study delves into the role of reservation as a tool for advancing social justice objectives. By adopting a multifaceted approach, the study scrutinizes how the Indian Constitution addresses various dimensions of social justice. Ultimately, the paper argues that reservation policies play a pivotal role in redressing historical discrimination and fostering social justice in India.
Gender bias perpetuates inequality by limiting access to opportunities and essential services for women while imposing societal expectations and stereotypes of men. The study investigates the unique challenges faced by Afghan refugees in India, with a focus on gender dynamics during the integration process. Women often encounter barriers to accessing education and healthcare services, while men grapple with redefining their societal roles and overcoming biases associated with being refugees. Through quantitative research method viz a viz Questionnaire mode, the study uncovers the distinct obstacles encountered by Afghan women and men in education, healthcare, and employment in India. Findings highlight the need for gender-sensitive policies and interventions to address these challenges and promote more inclusive integration strategies for refugees. By recognizing and addressing gender disparities, policymakers and stakeholders can contribute to fostering equitable and sustainable integration processes for Afghan refugees in India and beyond.
The advent of artificial intelligence (AI) in the creative realm has catalysed a profound transformation in artistic production, giving rise to AI-generated art. This phenomenon has captivated the art world while simultaneously provoking debates over authorship, ownership, and the applicability of existing intellectual property rights (IPR). This article explores the intricate nexus between AI art and IPR, examining how legal frameworks are grappling with the unique challenges posed by creations born of algorithms and machine learning. Central to this discourse are questions about rightful ownership of AI-generated artworks, the sufficiency of current legal definitions and protections, and the ethical dilemmas surrounding innovation and accountability. AI art encompasses various forms, including generative art, style transfer, interactive art, and augmented creativity, each presenting distinct challenges for IPR. The traditional concepts of copyright, patent, and trademark face unprecedented complexities in this context. For instance, copyright laws struggle to address the non-human agency in AI art creation, raising issues about who—programmer, user, or AI—should be considered the author. Patent law's requirements for human inventors and the demonstration of novelty encounter obstacles due to the dynamic nature of AI-generated outputs. Trademark law's application is equally fraught, given the distinctiveness and commercial use challenges posed by AI-generated visual elements. It will cover the legal and ethical implications, such as the role of human input in AI art, the determination of derivative works, and fair use. Human artists often provide critical guidance and contextualization, shaping AI outputs and infusing them with meaning. This collaborative interplay complicates the legal landscape, necessitating clear legislative measures to regulate AI-generated art effectively. Robust legislation is essential to define authorship, ownership, and fair attribution, ensuring that innovation flourishes while ethical standards and the rights of all stakeholders are upheld.
The evolution of technology has fundamentally reshaped numerous aspects of modern society, especially within the legal field. As new technologies, particularly Artificial Intelligence (AI), continue to evolve, they introduce novel challenges and ethical dilemmas that legal professionals must navigate. This article examines the intersection of AI and law, exploring its implications across different sectors such as criminal law, data privacy, administrative law, health law, labor law, and competition law. The integration of AI in these areas brings about significant opportunities for efficiency and innovation but also raises concerns regarding bias, accountability, and fairness. It is not always humans who make mistakes; we are entering an era where robots and AI programs will work alongside us, and they too are prone to errors. For instance, the use of AI in criminal investigations and traffic law enforcement has led to instances of wrongful accusations and fines. In administrative law, while AI can reduce corruption by focusing on objective facts, it may also perpetuate existing biases from past decisions. In healthcare, AI promises to address resource limitations and unexpected crises like COVID-19, yet it poses questions of accountability for medical errors. Labor law faces challenges as AI could lead to job displacement and increased stress among workers, necessitating new legal protections. Furthermore, the application of AI in competition law, as demonstrated by the Amazon Marketplace case, highlights the risk of anticompetitive practices facilitated by pricing algorithms. To address these issues, solutions such as compulsory insurance for developers, transparent AI development, regular audits, and robust data protection laws are proposed. Emphasizing the need for continuous vigilance, regulatory evolution, and proactive legislation, the article advocates for a balanced approach that supports technological progress while upholding justice and equity. By adapting legal frameworks to the dynamic landscape of AI, we can ensure that innovation benefits society without compromising fundamental rights.
Over the past few decades, the corporate sector has seen a number of progressive developments that constantly empowered many controversial corporate scandals. “This research paper begins by explaining whistleblowing an act which is an aid to many organizations or individuals in the efforts to tackle the bribery and corruption”. India’s growing economy necessitates significant foreign investment to fund large-scale projects, and the government makes sure to supply the necessary resources and technology. This necessitates a review of corporate governance with a focus on the whistleblower procedure in order to prevent various fraudulent practices. Therefore, it's critical that businesses maintain human resources policies and procedures that support whistleblowing behavior rather than presenting whistleblowers as traitors. With the objective to ensure the effective implementation of the whistleblowing process and other laws, as well as to create the existence of corporations, this paper is going to examine the "value" and the principles of corporate governance. It will also look at the systematic changes that have been made to current law. A doctrinal study with secondary based research has been carried out to understand the mechanism of whistle-blowers in India.
A country's economy is largely dependent on trade and business activities both inside and outside of its borders. Jurisprudence on trade during the classical era had held that there should be no limitations and no state should regulate issues associated with trade. However, during the industrial revolution, most countries realized that trade between two people had an impact on the country's overall income and should therefore be governed by both domestic legislation and trans-nationalorganizations.The understanding on Rules and Procedures Overseeing the Settlement of Disputescame into effect on January 1, 1995. The multilateral trading system has been dealing with hitherto unseen difficulties on several fronts. A wide range of reasons is contributing to the trade and tariff war's escalation, which is departing from the accepted rules of trade. These include the USA and China's growing economic competition, the rise in protectionist policies, and the impasse between rich and developing nations over the direction of trade talks. The paper first gives a brief description of the DSS process. It also provides a broad, statistical overview of India’s disputes and analyses the trade.As has been noted above, India is among the most active developing country users of the WTO dispute settlement system.
Youth suicide is a critical public health concern amidst the backdrop of rapid social change and development. This paper explores the intricate relationship between social transformation, youth empowerment, and the alarming phenomenon of suicide among young individuals. This study draws from interdisciplinary perspectives to unravel how social change influences youth suicide rates and offers insights for policy interventions. Epidemiological data underscores youth suicide as a leading cause of mortality globally, with risk factors including mental health disorders and adverse life events exacerbating vulnerability. Conversely, protective factors like robust support networks mitigate such risks. However, the dynamics of social change introduce new complexities. Yet, amidst these challenges lie opportunities for youth empowerment. Investments in education, skill development, and mental health services equip young individuals to navigate modern complexities. Civic engagement fosters their meaningful contribution to policy formulation, particularly in addressing mental health concerns. Utilizing an interdisciplinary approach alongside doctrinal methods, this research investigates the relationship between social change, youth empowerment, and suicide rates, aiming to inform evidence-based policy interventions. This paper underscores the importance of interdisciplinary collaboration in understanding and addressing youth suicide within the broader context of social change and development. By synthesizing insights from diverse fields, policymakers can formulate evidence-based strategies to empower young individuals and create supportive environments conducive to their holistic well-being.
Same-sex marriage is an evolving concept in the societal as well as the legal landscape of India. In recent years, there has been a significant shift in societal attitudes towards LGBTQ+ rights globally, and India is no exception. Despite historic legal battles and progressive judicial rulings, same-sex marriages remain unrecognized under Indian law. This paper aims to explore the historical, cultural, and legal factors contributing to the current status of same-sex marriages in India. The paper will provide a comprehensive analysis of the legal perspective connected with LGBTQ+ rights in India. It will highlight the landmark legal cases and legislative developments that have shaped the discourse around LGBTQ+ rights, including the decriminalization of consensual same-sex relations in 2018 and its aftereffects. The prevailing legal framework governing marriage in India, viz The Hindu Marriage Act, the Special Marriage Act, and personal laws is an important area to be dealt with while talking about same-sex marriages. It scrutinizes the absence of explicit provisions recognizing same-sex marriages and the implications of such exclusion on the rights and identities of LGBTQ+ individuals. It is indicative of the role of international human rights norms and India's obligations under international treaties in influencing domestic policies. The research methodology for investigating the legal landscape of same-sex marriages in India would typically involve a combination of qualitative and doctrinal research methods, mainly focusing on literature review, legal analysis, case studies, and comparative analysis. Additionally, the research assesses the impact of judicial activism and public advocacy campaigns in advancing the cause of same-sex marriages, while also acknowledging the challenges and resistance faced by conservative factions within Indian society.
Given the numerous ongoing anti-trust cases, it is crucial for India to enhance and accelerate its anti-trust resolution system. The Indian Government has taken a commendable step by passing the Competition Amendment Act, 2023 . This act aligns India with worldwide standards by introducing the "Settlement and Commitment Mechanism". The addition of these two new instruments to the enforcement mechanism arsenal of the Competition Commission of India aims to facilitate prompt intervention and resolution of anti-trust matters, thereby providing relief to both consumers and enterprises, and ultimately benefiting the economy as a whole. This would additionally contribute to the decrease in administrative expenses. The Competition Law Review Committee's report emphasized that the main reasons for introducing the settlement and commitment mechanism are to achieve procedural economy and efficiency in enforcement . Implementing these measures will enable CCI to expedite the resolution of anti-trust proceedings, resulting in increased efficiency and reduced expenses. Businesses would also benefit from expedited investigations and reduced ambiguity. Essentially, this method would serve to enforce new measures that discourage the guilty party, while also ensuring fair solutions for the victims. Similar practices are already implemented in various other jurisdictions, including the European Union, Japan, Singapore, United and Germany. This article explores the newly introduced provisions of “Settlement and Commitment” in Indian Competition Act and their potential impact on competition enforcement. This paper aims to study the Settlement and commitment system introduced under Section 48A and Section 48B of Competition (Amendment) Act, 2023 in-depth. The paper shall also touch upon the similar systems present in the legislative framework of EU, UK and pave the way for Indian Commitment and Settlement Mechanism.
ESG and CSR standards stem from the desire for corporations to benefit society. Companies have been researching ways to enhance the community and the environment through their activities. A more dynamic strategy considering an organization's internal and external aspects has replaced outward-looking analysis. Misunderstanding the differences between ESG and CSR leads to the interchangeability of both terms. Though similar, these concepts serve different goals and have other qualities. This paper will throw light on the concept of CSR and ESG and their evolution. It will also discuss changes resulted from CSR to ESG considerations in corporate governance processes in an elaborative manner.
The present study posits that the Indian Supreme Court has employed a unique type of public interest litigation to safeguard the rights of workers who have been exploited. This study reveals that the Indian Supreme Court has been labour friendly and has taken the constitutional promise of socioeconomic development seriously by examining the worst situations of child labour. Positive reforms for the most disadvantaged workers in Indian society have been facilitated by the higher judiciary through verdicts that have enlisted the support of local governments and non-governmental groups.
In society, the medical profession is held in the highest regard. Physicians who work in hospitals or private practices make every effort to treat their patients with diligence and appropriate care. Even Then, several cases involving medical negligence are brought before consumer courts in addition to criminal and civil courts. Since then, the Consumer Protection Act of 1986 has applied to it and it lacks in providing compensation for medical negligence explicitly and the different courts in India construed it differently. To avoid that confusion the Consumer Protection Act 2019 was implemented in India. This paper traces the compensatory remedy under Consumer Laws in India.
White-collar crimes, though rarely the focus of public discourse, are pervasive in society and often encountered through media or people in our immediate vicinity. These offenses are committed by persons of trust and confidence against an organization, violating established standards of business conduct, practices, or regulations. As American criminologist Edwin Sutherland said in 1939 in his book White Collar Crime, this form of criminal activity is not typically compared to the street crimes in terms of methodical complexity, tactics ingenuity, or degree of sophistication. While these crimes may not be particularly violent in nature, they do have consequences that victimize individuals and organizations alike. White-collar crimes can undermine the integrity of an organization’s structure and make a company or an institution a victim. They have the power to bankrupt an organization, deplete individual life savings as well as cost investors significant amounts of money while completely eroding public confidence in systems. This paper will examine the different categories of white-collar crime and analyze the elaborate legal frameworks and regulatory agencies that have been established to counter and prevent such offences.
The protection of Semiconductor Integrated Circuit (SIC) layout designs is crucial in the fast-evolving technology sector, serving as the blueprint for electronic devices. In India, the Semiconductor Integrated Circuits Layout-Design Act, 2000, offers a legal framework for safeguarding these designs, but challenges in enforcement, jurisdiction, and international collaboration persist. This analysis evaluates the effectiveness of current Indian policies, highlights notable case laws, and identifies significant issues hindering robust protection. By examining global practices, such as the U.S. Semiconductor Chip Protection Act and the EU's Design Directive, the study suggests that India can enhance its SIC layout design protection through comprehensive legislation, better enforcement mechanisms, stakeholder education, and international cooperation. Addressing these areas will strengthen India's semiconductor industry, promote innovation, and align with global standards, ensuring effective protection of SIC layout designs.
In the continually evolving realm of environmental law, this investigation delves into the intricate link between climate change and biological invasions, unveiling a complex ecological interplay that warrants legal scrutiny. As climate change advances, shifts in temperature, precipitation, and habitat distribution create environments conducive to the establishment and proliferation of invasive species. These biological invaders, often thriving in novel climatic niches, present substantial threats to biodiversity, ecosystem stability, and human well-being. This legal study systematically explores the ramifications of these interconnected phenomena, addressing pivotal questions such as assigning responsibility for invasive species introductions intensified by climate change. Through an examination of existing legal frameworks, treaties, and precedents, the research evaluates the effectiveness of current regulations in confronting the intricate challenges arising from this nexus. It identifies gaps in both international and domestic laws, pinpointing areas necessitating legal innovation and harmonization to adeptly mitigate and adapt to the ecological consequences. Furthermore, the research delves into potential legal strategies to bolster global cooperation in countering the impacts of biological invasions intensified by climate change. By proposing adaptive legal frameworks, international collaboration mechanisms, and innovative policy instruments, it aims to provide a guide for legal practitioners, policymakers, and scholars grappling with the intricate legal dimensions of this environmental challenge. In an era where climate change and invasive species pose increasingly urgent threats, this research strives to contribute to the ongoing discourse on environmental law and policy, fostering resilience in the face of ecological challenges.
Domestic violence is the violence or abuse happening in the marriage. The women and children are the mainly the victims of this. Domestic violence is the serious crime due to which many women commit suicide or die. The society needs to get aware of this society evil that is happening in every next house with women. Main reason of this can be illiteracy.discrimination, dowry death,male dominated society and so on .The list of the causes increased but due to enactment of the protection of women from domestic violence act 2005,. it safeguards the right of women. Initially the right to reside is in shared household was in question in the case SR Batra vs Taruna Batra. This right to reside in matrimonial home of the husband is given in section 17 of domestic violence act 2005. Under this section the home shared by the women and her husband is referred as matrimonial home and none can evict or ousted her from there women’s property right in India a women have a equal right to hold or dispose of the property inherit or self-acquired under Hindu succession act.
This paper examines the intersection of legal positivism and rationality in the context of the judicial system. Legal positivism, rooted in the Enlightenment movement, emphasizes the separation of law from morality and the factual basis of law. However, the discretion given to judges in interpreting and applying the law may make the rationality suffer as a result of overburdened judiciary, resulting in inconsistent and irrational decision-making. Decision fatigue refers to the mental exhaustion that occurs when individuals are faced with making numerous decisions over an extended period. This paper explores the impact of various factors on judges' rationality and objectivity, drawing on empirical studies that demonstrate things like the influence of factors such as mental exhaustion and glucose levels on judicial decision- making. Furthermore, it questions the effectiveness of legal education and experience in enhancing decision-making skills, highlighting the limitations of the case method in developing evaluative reasoning abilities. The findings suggest that the current legal system may not effectively promote rational decision-making, and there is a need for further empirical research and reforms to address the limitations and improve the rationality of judicial judgments. There is a need for further empirical studies to relate them with jurisprudential theories as to how they perform in real world and practice. An attempt has been made also to highlight the importance of such studies.
“The richest love is that which submits to the arbitration of time.”, Lawrence Durrell, a British novelist quoted, stating the momentousness of the utmost essence in the universe correlating it to arbitration. More than anything, it is the necessity of change. International arbitration has always been a product of necessity, with the expansion of global trade serving as the primary impetus for its creation. However, issues like apprehension about change, biases in algorithms for making decisions, and the requirement to strike a balance between innovation and core arbitration principles must be addressed. As soon as ‘international arbitration’ pops up in the discussion, plenty of questions baffle across the minds of the audience, such as – In today’s world of artificial intelligence, popularly known as AI, how have technological advancements impacted the effectiveness and efficiency of international arbitration? What are the potential benefits and challenges of integrating virtual proceedings and various online platforms in the due process of international arbitration? The idea of innovation in international arbitration is examined in this article along with its implications for effective and flexible conflict resolution in a global setting. This research demonstrates the potential of innovation to change the landscape of international arbitration via the investigation of technical breakthroughs, procedural changes, and changing legal frameworks. International arbitration may reach its full potential and provide constructive, affordable, and enforceable conflict resolution for the global business community by embracing innovation. Pondering on another question, how can the training and education of today’s arbitrators and lawyers be amplified such as to extensively utilize the innovative methods to be used in the arbitration process? The manuscript aims to shed light on all such questions and elucidate the readers’ about the perquisites as well as impediments of the innovations and revolutions which have happened in international arbitration so far.
In the last few decades, The Arbitration and Conciliation Act has been amended quite a few times. The 2021 Amendment Act is a recent change which has been done under the Indian Arbitration system. With such several changes in such a short amount of time, it is expected that the objective is to rather make the process swift and unambiguous. The 2021 Amendment Act has brought back the issue of Unconditional stay, which was eliminated by Amendment Act of 2015, but within certain limited situations. This has resulted in the courts being deprived of the ability to grant a conditional stay and instead, they are required to grant an unconditional stay if certain conditions are met, according to the new amendment. The objective of this article is to provide a structured analogy of the Arbitration and Conciliation (Amendment) Act of 2015, 2019, and 2021, as well as a brief overview of significant judicial rulings that have influenced the arbitration landscape in India. The main emphasis of this article is on issues regarding the automatic stay of arbitral awards in India.
‘All children need is a little help, a little guidance, a little hope and somebody who believes in them.’ Juvenile delinquency is something which is a serious point of problem which needs our special attention. Juvenile is when the youth of the nation especially a young person under an age fixed by law would be charged as an adult for a criminal act. They are immature and do not act as their age. The important aspect is to focus on what leads them to become like that. As juvenile delinquency is driven by a defeatist approach in the mind of the young person, in my opinion they lack the active knowledge of appropriate decision making. The social and economic development, political instability also acts as another reason to aid the youngsters to fall under the category of a juvenile delinquent. As they are transitioning from childhood to an adult they develop increasing complexities and confusions in the world. The paper focuses on the who a juvenile is?, what causes them to fall under failed decision making capacity, how to make them independent decision makers, what is the future like and how is the current law in India dealing with the juvenile delinquents.
While much of the literatures concentrates whether corporate social responsibility (CSR) spend towards social good, we take more specific perspective of when CSR pays and for whom? Nowadays businesses target to take CSR programs and make impact on areas which have more correlation with their business objectives. Education is important part of every business plan since the need of literate is necessary to create best human capital and in turn, it ignites the industry. This study explores positive CSR effect on academia with relation to industry.
The paper will focus on establishing the reason behind coming up and growth of Tribunals when a similar and more organized mechanism like courts was already in existence. This will be achieved by a comparative analysis between the structure and functioning of Tribunals and Courts in India. Domestic tribunals and other tribunals, together referred to as the Tribunals, have been constituted under various statutes (Article 323A and 323B of the Indian Constitution) in order to address the situation that resulted from the pending cases in various courts. The Tribunals were established in order to lighten the burden on courts, make judgements more quickly, and offer a venue that would be staffed by attorneys and subject matter experts in the areas in which the Tribunal had authority. In the judicial system, tribunals play a significant and specific function. They relieve some of the court's already heavy workload. They hear disagreements over taxes, the military, the environment, and administrative matters. How can this system of tribunals be made more efficient? What are its impacts? Are tribunals against the rule of law? All these questions shall be answered by the end of this research paper.
When someone is found guilty of a crime, the court considers three key factors when deciding the punishment: retribution, deterrence, and rehabilitation. However, wrongful convictions are not a new concept they have been increasingly recently in various jurisdictions. The concept of wrongful convictions can also be referred to as “miscarriages of justice” and these are caused not only by inefficiencies on the part of the government but also by the lack of responsibility on part of the public. Article 21 of the Constitution in India guarantees that people cannot be deprived of their lives or liberty without due process of law . However, when a miscarriage of justice occurs, the Constitution's purpose is defeated, and question is raised on the credibility of the procedure and the justice system. These wrongful convictions not just cause immense harm to the person convicted, but they also cause deep emotional pain to their family and friends. The criminal justice system and the procedures involved can be an intimidating and frightening experience for the parties involved and in cases when the accused is innocent that may end up affecting his loved, mainly if they are of the belief that the person is innocent. It becomes important to recognize that wrongful convictions have long-lasting adverse effects, and we must strive to prevent them from occurring by ensuring that justice is served fairly and equitably. At the end it becomes essential to restore the public's confidence in the legal system by making sure that the justice is served, and the innocent is protected of all the rights that have been guaranteed to him under the constitution.
This research paper explores the intricate landscape of mergers and acquisitions (M&A) within the dynamic energy sector, shedding light on the strategic motives and implications that drive corporate decisions in an ever-evolving industry. The study delves into the multifaceted dimensions of M&A activities, encompassing both traditional and renewable energy spheres, against the backdrop of global economic, technological, and regulatory shifts. The investigation highlights the prevailing trends of consolidation and diversification as energy companies endeavor to fortify their market positions and adapt to changing energy paradigms. A particular emphasis is placed on the surge in M&A activities associated with renewable energy projects, illustrating the industry's collective response to the increasing global emphasis on sustainability. Furthermore, the paper scrutinizes the integration of cutting-edge technologies through M&A, examining how companies strategically acquire or partner with innovators to enhance their capabilities in areas such as smart grids, energy storage, and digital solutions. The global perspective is underscored as the research analyzes cross-border M&A activities, considering how energy companies navigate diverse markets, secure resources, and address regulatory challenges. In parallel, the study investigates the impact of governmental policies and regulations on M&A decisions, elucidating how shifts in political landscapes influence corporate strategies. In the oil and gas sector, the paper explores the dynamics of M&A activities against the backdrop of fluctuating commodity prices, geopolitical considerations, and the pursuit of cost efficiencies. Financial restructuring as a driver for M&A is examined, with attention to how companies navigate economic conditions and address financial challenges. The research also acknowledges the prevalence of joint ventures and strategic partnerships as alternative avenues for collaboration in the energy sector, offering insights into how companies pool resources, share risks, and capitalize on mutual expertise. Ultimately, this research contributes a comprehensive analysis of the strategic dynamics propelling M&A activities in the energy sector. By synthesizing diverse factors shaping the industry, the paper provides valuable insights for industry practitioners, policymakers, and researchers seeking to comprehend and anticipate the trajectory of energy-related M&A activities.
Cyber pornography, especially in the form of deepfakes, poses significant challenges to privacy, security, and human dignity in the digital era. With the ability to seamlessly superimpose one individual's likeness onto another's body, deepfake technology enables malicious actors worldwide to intrude upon anyone's privacy and manipulate an intimate imagery without consent. This research paper explores the legal framework surrounding cyber pornography, with a focus on deepfake technology and its impact on women. It discusses the existing laws and regulations, their effectiveness, and the need for further legislative measures to address emerging threats. This paper aims to provide insights into safeguarding privacy and dignity in the face of cyber pornography.
This paper examines the significance of the ongoing India-UK Free Trade Agreement (FTA) negotiations in the context of their robust bilateral trade relationship, valued at £23.3 billion in 2019. Against a backdrop of shifting global trade dynamics from WTO-led multilateralism to Regional Trade Agreements (RTAs), exemplified by India's Trade and Economic Partnership Agreement (TEPA) with the EFTA, the proposed FTA aims to enhance trade and investment cooperation. The agreement has the potential to increase UK exports to India by £16.7 billion by 2035, fostering economic growth for both nations. However, this potential is tempered by concerns over national sovereignty, particularly regarding intellectual property rights, agricultural subsidies, and regulatory standards. The UK prioritizes maintaining high standards in environmental protection, labour rights, and food safety, and protecting the NHS from increased medication costs. For India, the FTA offers an opportunity to strengthen its global trade presence and attract foreign investments while safeguarding domestic industries and regulatory autonomy. This paper argues that the FTA's success hinges on meticulous negotiation to balance economic benefits with the preservation of national sovereignty and standards, shaping the future economic landscape of both countries and impacting global trade dynamics.
Cross Border Insolvency is the process where an insolvent debtor or a company having financial losses have assets or their operation in more than one jurisdiction or country. Cross Border Insolvency is primarily focused on the operation of insolvency beyond the domestic insolvency proceedings of a country. The United Nations Commission on International Trade Law (UNCITRAL) has developed the Model Law on Cross-Border Insolvency, which provides a framework for countries to harmonize their insolvency laws and facilitate cooperation between different jurisdictions. It is important to note that the UNCITRAL Model Law is not binding, and each jurisdiction has the discretion to adopt, modify, or reject its provisions, however India has not ratified the same. In India the Insolvency and Bankruptcy Code of 2016 governs the insolvency procedure in India but it does not provide sufficient framework for cross border insolvency. Due to this, the procedure involving insolvency of companies with multiple jurisdiction can be challenging. This article mainly deals with the issues and challenges which companies face during cross border insolvency and also provide the legislative developments for making the insolvency proceedings much easier.
The intersection of innovation, creativity, and intellectual property plays a pivotal role in driving progress towards achieving Sustainable Development Goals (SDGs). This abstract aims to provide an overview of the connections between these elements and their impact on sustainable development. Innovation serves as a catalyst for positive change by fostering the development of new technologies, products, and services that address pressing societal challenges. It entails the process of generating ideas and putting them into practice to create value. Creativity, on the other hand, is the ability to think outside the box, explore novel approaches, and connect seemingly unrelated concepts to generate innovative solutions. When combined, innovation and creativity hold the power to drive progress in various sectors such as healthcare, education, environment, and beyond. Intellectual property rights, including patents, trademarks, and copyrights, play a crucial role in protecting and incentivizing innovation and creativity. They provide creators and innovators with the necessary legal framework to safeguard their ideas and creations, thereby encouraging investment in research and development activities. By safeguarding intellectual property, businesses and individuals are motivated to continue innovating, leading to the advancement of knowledge and technology. The adoption and implementation of intellectual property rights promote a supportive environment for innovation and creativity, leading to economic growth, job creation, and improved quality of life. However, it is essential to strike a balance between incentivizing innovation through intellectual property protection and ensuring that knowledge and technology are accessible for further research and development. Hence, the dynamics between innovation, creativity, and intellectual property are essential drivers for progress towards achieving the Sustainable Development Goals. By promoting a culture of innovation, protecting intellectual property rights, and fostering creativity, we can work towards building a more sustainable and inclusive future for all.
This study explores the implications of biometric facial recognition technology (FRT) on the right to privacy, particularly in the context of India and the UK. FRT, a sophisticated biometric technology used for identifying and verifying individuals based on their facial features, has seen a rapid increase in deployment across various sectors including law enforcement, security, and public services. While FRT offers numerous benefits such as enhanced security and streamlined services, it raises significant privacy concerns due to its potential for mass surveillance and data misuse. The research delves into the historical evolution of FRT, from its early manual classification systems in the 1960s to the advanced automated systems in use today. It highlights the extensive adoption of FRT in Western countries for security purposes and contrasts this with the situation in India, where the lack of comprehensive data protection laws exacerbates privacy risks. The study also examines the legal frameworks governing FRT in India and the UK, with a focus on the implications of landmark judicial decisions such as the Puttaswamy case in India and the Bridges case in the UK. In India, the widespread use of FRT without adequate legal safeguards poses serious threats to individual privacy and civil liberties. The Information Technology (Amendment) Act 2008 and the Personal Data Protection Bill 2019 are analyzed to understand their adequacy in addressing these concerns. The research emphasizes the need for robust regulatory frameworks to ensure that the deployment of FRT does not infringe on fundamental rights. In the UK, the use of FRT by law enforcement agencies is scrutinized through the lens of the Bridges case, which underscores the necessity for clear legislative mandates and transparency in the use of such intrusive technologies. The study advocates for balanced policies that protect individual rights while leveraging the benefits of FRT for public safety. Ultimately, this research highlights the complex interplay between technological advancement and privacy rights, urging for comprehensive and adaptable legal frameworks to govern the use of FRT in both India and the UK. It calls for greater public awareness, informed consent, and stringent data protection measures to mitigate the risks associated with this powerful technology.
Crimes have a huge impact on our society, whether mental or physical. When the word ‘crime’ comes to our mind, most of us picture brutality and violence. We tend to forget that non-violent crimes could be as menacing as the violent ones. Since violent crimes are easier to detect, the criminal minds of some people have found an easy way of looting people and obtaining money through a non-violent crime called embezzlement. Over time, the crime rate in our society is soaring and expanding rapidly. Not only is the number of crimes increasing day by day but also the degree and magnitude of heinousness in these crimes has been aggravating. But as per crimes are concerned, not all crimes are heinous, brutal and violent. Some of them are non-violent but still have a huge impact on our society.This article emphasises how embezzlement, the most vicious category of white-collar crimes which happens quite frequently around our society, has some serious implications and why the common man needs to be aware of this huge legal problem around the world.
The advent of the digital age has transformed the Internet into a vast repository of information, accessible through countless links. While this has revolutionized data access and communication, it has also introduced significant privacy challenges. The concept of the "Right to be Forgotten" (RTBF) has emerged as a potential solution to these challenges, aiming to allow individuals to request the removal of personal information from the Internet. This paper explores the applicability of the RTBF in the context of the Indian legal environment, examining its historical evolution, current relevance, and future potential. By reviewing the evolution of privacy rights, particularly in the context of digital advancements, and analyzing existing frameworks in various countries, this study aims to assess the need for and implications of implementing the RTBF in India. The paper also addresses the legal, social, and technological challenges associated with this right, proposing recommendations for integrating the RTBF into India's legal system. Through a comparative analysis of global practices and a detailed examination of Indian legislative and judicial perspectives, this research highlights the critical balance required between privacy rights and freedom of expression in the digital age. The study concludes with suggestions for enhancing the legal framework to better protect individuals' privacy while navigating the complexities of modern digital interactions.
Rape is a forceful sexual activity against the will of the victim. Rape is a serious offence which has first registered even before the Indian Penal Code, 1860 was drafted. Earlier during those days it was used to protect women below the age of 10 years and later revised to the age of 15 in 1940. According to the statistics released by India’s National Crime Records Bureau released in the year 2022 an average of 90 rape cases were registered on a day which is very disheartening to see even in this 21st century. Section 375 of the Indian Penal Code deals with the definition of Rape and Section 376 and its clauses deal with the punishments for rape. The main objective is to study the reasons and effects of rape on the offenders as well as the victims in our society. The research question here is Whether Indian laws are stringent and efficient in preventing rape? The researcher has followed the empirical research method using a convenient sampling method. The sample size of the study is 105. The result observed from the study is that most people are aware of the laws available to the victims of rape and assault and the laws enacted by the government that help make society assault-free. The suggestion of this study is to increase awareness of rape and make people aware of the rules available and educate children from a very young age.
Scheduled Tribes (ST) account for around 8.6% of India's population, or approximately 10.4 Crore people. Over 730 Scheduled Tribes have been notified under Article 342 of the Indian Constitution. Tribal women make up around half of the population overall, much as any other social group. Women from tribal communities and other walks of life also have lower levels of schooling than males do. Reproductive health issues cause tribal women just as they do other ethnic groups. Because there are more women than males working in primary and secondary subsistence jobs, women's status may vary on the community. This article will discuss will discuss the position or the status of tribal women in their community and the nation by recalling their roles, socio-economic conditions, literacy, crimes against them, and their role in economic, social, and political sphere. This article will also recall the shift in a tribal women’s life in terms of the above mentioned factors to understand the importance of implementing mew policies and measures to mitigate the issues.
The property which is the subject matter of a suit is subject to the Judgment delivered by the court. So the Transfer of Property Act, 1882 under Section 52 says about the procedure to be followed in transferring a property while suit is pending before the court. The hidden reasoning behind regulation of lis pendens is to forestall the topic of a claim from being moved to an outsider while the case is as yet forthcoming. In circumstances including immovable property, any exchange of proprietorship should conform to the court's choice, and the transferee is limited by the court's judgment. This principle supplies a complete position of rules and regulations for different aspects relating to the property transfer such as sale, lease, mortgage, exchange, and gift. It also enumerates the rights and duties of suit parties involved in transfer of pending suit property. More over If a person is going to purchase a immovable property then that person will apply for encumbrance certificate and if a litigation is pending before a competent court, then it will not be reflected in E.C. and the person will purchase that property. I have discussed in this article about the position of applicability of the doctrine of lis pendens on the light of different Judgments.
Women had a crucial role in families and communities. They are essential to a child's upbringing because they provide their families with love, care, and support. Furthermore, women play a significant role in the development of communities and often hold leadership roles in local organizations. However, women have been marginalized and discriminated against for generations, kept in the background. But the value of women in society has come to light more and more in recent years. Contribution of women in society we cannot ignore. Still there are number of opposite words against women in society like lack of participation political life, violence, discrimination against women in society. In this Paper researcher is discussing various International Treaties, conventions and constitutional provision of countries specifically southern Asia. Like, India, Sri Linka, Bangladesh, Bhutan, Maldives, Nepal for participation of women in politics and Political rights.
A jail is something characterized as a position of convenience which was utilized for the people who have committed an offense and whose preliminary is forthcoming for having committed that offense. The jail and detainees regulation in India are one of the regulations that was inconspicuous and neglected and it can't get adequate significance as it ought to be for changes in the present situation. There is absence of solid regulations for those individuals who are remaining in the jails who additionally reserve the option to live with poise and furthermore entitled for essential regard like any remaining residents of the country. There are many occurrences in which detainees have been exposed to cruel circumstances or treatment and denied of fundamental requirements like legitimate food and appropriate sterile circumstances. Jail ought to help in improving people rather than just rebuffing them. Changes possibly be gotten by society whenever lawbreakers get the right opportunity of progress. On the off chance that an individual carries out wrongdoing that doesn't implies that individual prevents from been person. This research module is shaped in three forms: First the introduction, secondly about the objectives, literature review , thirdly it concludes on the outlook of right to seek redressal, total number of responses in 200 and the main tool for calculating and analyzing the results is graph and Bar charts, As an independent variable I have taken Age, Gender, Education qualification, Occupation and income range and as dependent variables I have taken agreeable questions and scale in questions.
Nigeria has a growing corpus of study on corporate governance. This scholarly article aims to map, classify, summarise, and map the research conducted on this subject between 1998 and 2017. Five major themes come out of the examination of the corpus of studies on Nigerian corporate governance. Numerous studies concentrate on the focus of institutional impacts on corporate governance is on how a nation's institutions, laws, rules, and culture influence corporate governance practices. Additional research focuses on the coordinated efforts of the Nigerian government and foreign organisations to alter corporate governance standards in that country. Additional research has been done on the situation the corporate governance, shareholder activism, business performance, as well as corporate social responsibility in Nigeria, as well as the disclosure of publicly traded corporations. In light of following a thorough analysis, gaps in knowledge about There is corporate governance research available in Nigeria and recommendations for future lines of inquiry have been offered.
Female genital Mutilation( FGM), comprises procedures involving partial or total junking of the external female genitalia or other injury to the female genital organs for non-medical reasons. While it's substantially carried out on girls between the periods of 1 to 15 times, sometimes, adult and wedded women are also subordinated to this procedure. The practise of FGM is an act that targets women with the ideal of bridling girls ’ and women’s sexual solicitations and leads to ill healtheffects.Hence, in FGM there aren't only violations of the right to life and quality but also a clear violation of the right to non- demarcation grounded on coitus. The object and purpose and impact on manly and female circumcision are different and affect in gross demarcation against women At present, This. Violates many fundamental rights such as article 14,15,21,23,And 25,India has no law banning the practice of FGM/C in the country.
Women in India face a lot of issues and challenges, and married women are the most vulnerable category. Their rights and powers are not really respected and are misused to a great extent. Married women experience several cases of domestic violence which might be physical, emotional, sexual and even economic. Such violence against women occurs due to the alleged existence of patriarchy in the Indian society. Most domestic violence cases are due to dowry demands, which even lead to the death of the female spouse. But it is pertinent to note that a lot of these cases go unreported. Cases of domestic violence are in breach of the law. One can read at least one case of domestic violence in the daily magazine even in 2024. It violates certain provisions of the Indian Penal Code and the Protection of Women Against Domestic Violence Act, the latter being enacted exclusively for women who are victims of domestic abuse. In this research, the researcher highlighted relevant laws and precedents governing PWDV and identified gaps in implementation and lack of awareness as reasons for the effectiveness of PWDV legislation.
Cyberspace makes possible cross border transactions giving rise to a number of problems between parties miles apart. The national laws only sometimes have extra-territorial operation which expands its jurisdiction beyond territorial and sovereign boundaries of the nation which becomes a problem in the case of the Internet which does not recognize territorial or sovereign limitations. There is an absence of any universally applicable uniform international law on jurisdiction and the courts to solve this problem have devised a number of tests. Though the previous research papers on the subject have highlighted the tests formulated by the courts in various commonwealth countries, they have been unable to highlight the underlying significance and rationale for the shifts in the approach, primarily driven by the evolution of the internet and the advancement of the technology. The courts in India have largely traced the outlines left by the US courts. The courts have time and again struggled to balance the rights of the plaintiff and defendant in terms of prescribing a suitable forum. This paper attempts to make an analysis of the approach taken by the courts worldwide. This paper at last suggests some pragmatic methods with a new test or approach in line with the latest technological methods to solve the dilemma of the courts worldwide.
The principles of natural justice, also known as fairness principles, are fundamental to fair decision making in legal and administrative contexts. These principles generally guarantee the right to a fair hearing, which includes elements like notice, opportunity to respond, and freedom from bias. However, there are recognized exceptions where the principles of natural justice may be excluded. This abstract will explore the main reasons for excluding these principles, Legislation can explicitly exclude the need for a hearing or other aspects of natural justice. Courts will analyze the statute to see if such an intention is present. In urgent situations where immediate action is necessary, the requirement for a full hearing might be bypassed. However, this exception is narrowly applied. For certain decisions with minimal impact on individual rights, a full hearing might not be required. Some constitutions may have specific provisions that exclude natural justice in certain circumstances. It's important to note that even when exclusions apply, courts may still intervene if a decision appears arbitrary or unfair. The abstract will explore the significance of natural justice in preventing abuse of power and upholding the integrity of legal and administrative processes and the circumstances in which it is excluded.
The regulation of Over-The-Top (OTT) platforms is continuously evolving to keep pace with technological advancements, changing consumer behaviors, and emerging challenges. This paper explores future trends in OTT regulation, aiming to anticipate and analyze the regulatory landscape in the years to come. As OTT platforms continue to gain prominence in the media industry, governments around the world are faced with the task of ensuring a balance between innovation, consumer protection, and societal values. Future trends in OTT regulation are expected to focus on several key areas, including content moderation, data privacy, market competition, and the impact of emerging technologies. One significant trend is the increasing emphasis on content moderation and the regulation of harmful or illegal content on OTT platforms. Governments are likely to implement stricter measures to combat issues such as hate speech, misinformation, and piracy, while also promoting transparency and accountability among platform operators. Furthermore, market competition and antitrust concerns are expected to drive regulatory interventions to prevent monopolistic practices and promote a level playing field among OTT platforms and traditional media outlets. Emerging technologies such as artificial intelligence, virtual reality, and augmented reality are also likely to impact OTT regulation in the future. Regulators will need to adapt to the challenges posed by these technologies, including issues related to content moderation, data privacy, and the blurring lines between reality and virtual experiences.
The consumer welfare standard (CWS) is the traditional approach to competition analysis, which focuses on consumer welfare as the primary objective of competition law. The CWS seeks to protect consumers by promoting competitive markets, which are expected to provide better products, better prices, and better quality. Under the CWS, competition law is primarily concerned with preventing anticompetitive conduct such as price-fixing, abuse of dominance, and mergers that are likely to harm competition and consumers. On the other hand, the economic welfare standard (EWS) is a more modern approach to competition analysis, which seeks to balance the interests of consumers and producers. The EWS recognizes that competition can create both winners and losers, and that the goal of competition law should be to maximize overall economic welfare. Economic welfare includes not only consumer welfare but also producer welfare, which includes profits, innovation, and efficiency gains. Under the EWS, competition law is concerned with preventing anticompetitive conduct only to the extent that it harms economic welfare. However, there have been conflicting views across various jurisdictions with respect to adoption of either the total welfare standard or the consumer welfare standard into the competition policy and regulatory regime as these two goals are not mutually exclusive. Thus, this paper studies the evolution and examines the position of welfare standards in European Union (EU), USA and India. The research is descriptive and analytical making it doctrinal in nature. The primary sources include various statutes, regulations, reports and case laws of India, EU and US antitrust/competition law regime. The secondary sources of data are inclusive of articles, blogs, journals, magazines, etc.
International investment law plays a critical role in attracting foreign capital, which is vital for global economic growth. However, investment agreements can conflict with competition laws, potentially creating an imbalance that may stifle market competition. There presents a significant challenge of maintaining an equitable application of international investment agreements while ensuring robust market competition. Specifically, it examines how investment protections may inadvertently lead to anti-competitive behaviors, which undermine fair market conditions within the host country. This article aims to investigate and propose mechanisms that can harmonize the need for foreign investment protection with the imperatives of competition law. The research draws on existing literature on International Investment law, competition law, and case studies of investment disputes. It also reviews various investment agreements, regulatory frameworks, and the role of oversight bodies in different jurisdictions. The transparency in investment agreements allows authorities to assess the impact of competition-related restrictions. Proportionality, through justifiable and temporary limitations, ensures that the invested company has a limited period to establish itself without undermining competition. Mechanisms such as sunset clauses and market share criteria further support the balance between investment protection and fair competition. Achieving a balance between foreign investor protection and competition law is crucial for promoting economic growth, safeguarding consumer interests, and attracting international investment. While differences in competition laws across countries pose challenges, sector-specific considerations and strong regulatory agencies are essential for effective oversight and enforcement. Ongoing dialogue and negotiations are necessary to develop a framework that supports both investment and competitive fairness in this evolving field. This balanced approach promises significant benefits, including enhanced market dynamics and a conducive environment for sustainable economic development.
Within the realm of Artificial Intelligence (AI) in India, this research scrutinizes the legal landscape of Intellectual Property Rights (IPR) developments. AI applications are not accorded as per IPR for their creative output the reasoning for this perspective arises from the fundamental characteristics of high-order AI, which include the ability to make decisions on its own and impose rules authoritatively. Whether or not to allow the arbitrary use of such powers creates questions of who is responsible for systemic faults or blunders. The human controller or the manufacturer can be liable for the mistakes or errors in such systems. Another class of AI systems generate advancements in the fields of scientific innovations, technological advancements, and artistic endeavours requiring protection under IPR laws. The public benefits from IPRs when it is recognised to safeguard original manifestations of human creativity, preventing economic exploitations by others or third parties. AI applications engender intellectual properties through their unique ability to emulate human thought processes and creative endeavours. A basic question emerges about the eligibility of AI systems, that lack the legal personality to request and be granted IPRs, as well as allocation of IPR revenues to entities lacking legal or living status. Within The Indian Jurisdiction, this research paper adopts a doctrinal approach to scrutinize the legal advancements in AI. Addressing third-party liability, the research proposes solutions to fix AI liability within insured parameters. In support of individually registered AI systems, the approach facilitates the issuance of patents, copyrights, or trade secrets. Additionally, the idea of a human guardian appears to be a viable mechanism for the legal protection and administration of income from AI-generated intellectual property (IP). This appointed guardian affirms AI's legal entity, assuming the duty of advancing the field’s continuous progress in AI technologies and applications.
ESC rights are those that compel the state to take into account the sociocultural and economic well-being of its inhabitants and other people who live on its territory. These rights also call for the creation of certain favourable conditions, which might be challenging to think of during times of armed conflict. This is the reason that the question of whether or not ESC Rights should be implemented in armed conflict has generated a lot of debate in recent years. There has been discussion over whether or not human rights law still applies during an armed war. This paper aims to explore the idea of ESC rights, as well as how it functions during armed conflict and its component parts. In addition to describing the flaws in the existing legal framework and offering suggestions for how to fix them, the study attempts to investigate the likely restrictions and exceptions to the ESC rights while suggesting improvements to the existing legal framework so that ESC Rights can be successfully applied during armed conflicts just like it can be during peace times.
Virtual properties, including virtual land and in-game items have emerged as significant economic entities within online gaming environments and virtual worlds which draw substantial real-world financial interest. However, despite their economic importance, the legal framework governing virtual property rights remains severely undeveloped. This research article examines the legal status of virtual property in online gaming environments and virtual worlds, focusing on the applicability of traditional property law and the need for new legal frameworks. The Metaverse industry that leverages blockchain technology, NFTs, and artificial intelligence, is pioneering a "phygital" world that blends augmented and virtual reality into immersive mixed reality experiences. The paper discusses the current hybrid license-lease model of ownership, the challenges of applying traditional property law principles to virtual assets, and the necessity for clearer contracts, effective dispute resolution mechanisms, and transparent terms to enhance the appeal of metaverse real estate investments. It also addresses legal uncertainties, including jurisdictional issues, the enforcement of end-user license agreements, and the risks associated with platform control over virtual assets. By exploring case studies and the current landscape, this paper underscores the importance of developing clear legal regulations to ensure user safety, data privacy, and a secure metaverse experience. Legal scholars are encouraged to adapt existing frameworks to meet the evolving needs of virtual property ownership in the metaverse.
IPRs are fundamental to innovation and creativity and hence to economic development leading to a higher standard of living. This paper is an important part of the collective title that protect our inventions, trademarks, copyrights, and patents- IPR. IPR encourages innovation and new technology, product, and service development through exclusive ownership to the inventers and innovators. This further grows the economy and jobs. IPR also facilitates sharing knowledge and investment with confidence, technology transfer and FDI. They promote fair competition, prevent the spread of unauthorized versions of creative works, and offer potential financial rewards to innovators. IPR unite communities and ensure social inclusion by protecting traditional knowledge and cultural heritage. They protect and turn indigenous knowledge into viable commercial opportunities, thus boosting local economies and sustainable development. IPR is essential to the development of the socioeconomics. IPP foster innovation by incentivizing companies to invest money into research and development (IPR) originating from valuable ideas.
Groundwater is an essential and depleting resource in our nature that we are highly reliant on, for our lives and livelihood. Even after the attempts made by the central and the state govt. the existing situation is vulnerable. The situation of Chennai and Bengaluru are significant examples to establish the concern. India’s geographic location makes it drought-prone and 29% of its aquifers are either exhausted or critical due to demographic burden and improper extraction of groundwater. The frequent occurrence of El Nino years shows that in the future impact of El Nino would be against the Indian interest. Laws are not very stringent to obligate farmers to water harvesting and evolution in farming methods. India procures huge profits of its GDP from food and agriculture which is highly dependent upon groundwater for irrigation. Subsidies in farming and extraction of groundwater are directly proportional to each other and attract more new stakeholders. Lack of Awareness regarding the health of aquifers and their functioning is another problem. There is no separate law for groundwater regulation at the central level albeit policies have been made in this regard which is advisory for the states in nature. Under the Environment Protection Act, the provision of the Central Groundwater Authority is mentioned which is the primary organ to look after the protection and management of groundwater and Aquifer, also there is no bifurcation of groundwater from surface water in existing laws and policies, which affects the very objective of groundwater policy because the precipitation of groundwater and surface water somehow related to each other but are entirely different when it comes to conservation and management.
Gene editing technologies, such as CRISPR-Cas9, have revolutionized biotechnology due to their ability to modify genes precisely and profoundly. As well as exploring possible consequences for the world's genetic resources, this study explores the ethical and legal issues raised by the patenting of gene editing technology. It examines ethical concerns, the intricate relationship between gene editing patents and biodiversity conservation, and the current legal framework. It is important to consider ethical considerations when considering how patenting gene editing breakthroughs affects indigenous peoples. By comparing the gene-editing patent landscape across different jurisdictions and taking a closer look at international perspectives, the paper argues for regulatory harmonization to address global barriers. By examining case studies and legal precedents, this research reveals significant challenges in the gene editing patent field. The study also evaluates how gene editing patents affect access to these ground-breaking technologies, with an emphasis on promoting innovation while guaranteeing fair access worldwide, especially for poor nations. To strike a balance between guaranteeing the ethical, and responsible use of these technologies and promoting innovation through gene editing patents, the research concludes with legislative suggestions and potential solutions. This work adds to a nuanced understanding of the legal and ethical landscape in a field that is developing quickly, such as gene editing, and offers insightful information that will be useful in guiding future policy discussions and developments at the nexus of gene editing technologies and genetic resource protection.
The Madhya Pradesh High Court has ruled that an unnatural sexual relationship with a wife does not qualify as rape and that her agreement is not necessary. This ruling has drawn attention due to the convergence of gender parity, sexual liberty, and marital rights in Indian legislation. Historically, rape laws emerged in Babylon in the 1900s, with the belief that rape could never occur in a married relationship. However, India remains one of the 36 nations in 2022 where a man can legally rape a woman as long as they are in a lawful marriage. The Indian Supreme Court raised the age of consent for marriage from 15 to 18 in 2017, but rape for married women over the age of 18 is still decriminalized. In 2024, the court quashed an FIR under Section 482 of the CrPC, stating that consensual acts between spouses do not constitute an offence under Section 377 of the Penal Code, 1860 (IPC). The court argued that "marital rape has not been recognized so far" and that the absence of consent for unnatural acts is less significant in the context of marital relations. The Indian Penal Code defines rape as sexual intercourse without consent, against her will, or by coercion, including intoxication, dupedness, unsound mental health, or under 18 years of age. The concept of marital rape is considered inappropriate in the Indian context, as it undermines equality and discriminates against women based on their marital status. The National Family Health Survey (NFHS) shows that 1 in 3 Indian women aged 18-49 report experiencing marital abuse, while 5%-6% report sexual assault. To ensure legal protection, legislation should recognize rape as a criminal offence, clarify the age of consent, and harmonize domestic laws with international standards. Support for victims should include safe shelters, medical care, psychological support, and legal aid. This is a necessary step towards establishing gender equality and defending fundamental rights.
The use of artificial intelligence (AI) in the legal profession sector has been increasing in recent years, providing numerous benefits to legal practitioners and clients alike. This paper examines the advantages of AI in the legal profession and how it has revolutionized the practice of law. AI-powered tools have the potential to streamline legal research and document review processes. With the vast amount of legal information available, AI can help lawyers to quickly sift through and analyze this information, leading to increased efficiency and accuracy in legal research. Additionally, AI tools can assist lawyers in drafting legal documents, such as contracts, by automatically suggesting clauses and reviewing them for consistency and legal accuracy. The use of AI in the legal profession can lead to cost savings. By automating mundane tasks, such as document review and contract management, legal practitioners can focus their efforts on more complex legal work, improving their productivity and reducing the time and cost associated with legal services. This can ultimately result in more affordable legal services, making access to justice more widely available. AI can help legal practitioners to make better-informed decisions. AI-powered tools can analyze data and provide insights that would be difficult or impossible for humans to identify. For example, in litigation, AI can assist in predicting the outcome of a case based on past legal precedents and analyzing data patterns. This can help lawyers to make more informed decisions and develop stronger legal arguments. AI can improve access to justice. With the use of AI-powered tools, legal services can be made available to a larger number of people at a lower cost. This is especially beneficial for individuals who cannot afford the services of a lawyer but still require legal assistance. Additionally, AI-powered tools can assist in translating legal documents into different languages, making legal information more accessible to non-native speakers. As AI technology continues to advance, it is essential for legal practitioners to embrace it and adapt their practices accordingly to reap the benefits it offers. However, it is important to recognize the ethical and regulatory challenges associated with AI in the legal profession and address them accordingly.
Media trials have gained significant attention due to its implications on the right to a fair trial, especially when it comes to legal and constitutional protections. This paper explores the ideas behind fair trial principles in media trial cases, looking at how legal decisions and public attitudes have changed over time to balance media freedom and judicial fairness. Looking at the legal side of media trials in India, it shows a tricky balance between freedom of speech, which is protected by Article 19 of the Constitution, and the need to make sure the judicial process remains supreme. It underscores the challenges faced by the judiciary in diminishing the prejudicial impacts of media coverage on ongoing legal proceedings. International standards and instruments are crucial in protecting fair trial rights worldwide. This paper discusses various treaties and conventions, like the International Covenant on Civil and Political Rights (ICCPR). These global standards promote a balanced approach between the right to a fair trial and freedom of expression, serving as guiding principles for national legal systems. The impact of media trials on the right to a fair trial, particularly through the standpoint of Article 19 of the Indian Constitution, highlights the fundamental conflict between judicial integrity and public interest journalism. This phenomenon calls into question the boundaries of media freedom as well as the steps required to defend the accused's rights. The paper concludes with highlighting the need for a balanced approach that upholds both the fundamental right to a fair trial and media freedom, guaranteeing that justice is carried out impartially.
The IL&FS crisis of 2018, which involved a significant default by the infrastructure finance company IL&FS, highlighted critical deficiencies in India's regulatory framework for financial stability. The crisis exposed the lack of coordination among regulatory bodies such as the Reserve Bank of India (RBI), the Securities and Exchange Board of India (SEBI), and the Insurance Regulatory and Development Authority of India (IRDAI). These gaps allowed regulatory arbitrage and hindered the effective identification and mitigation of systemic risks. Additionally, the crisis revealed weaknesses in corporate governance, as IL&FS exploited special purpose vehicles to obscure its financial condition, and its board failed to exercise adequate oversight. The crisis underscored the need for enhanced risk management, improved transparency, and stronger corporate governance within the financial sector. In response, the government and regulatory bodies have initiated reforms, including the establishment of a Financial Stability Board (FSB) and stricter corporate governance regulations. However, more comprehensive measures are required to ensure the resilience of the financial system against future shocks. Recommendations for reform include enhancing collaboration among regulators, mandating greater independence and authority for audit committees, and implementing advanced risk assessment models. Increasing transparency and disclosure requirements for financial institutions is also crucial. Furthermore, empowering the RBI with the authority to impose stricter capital requirements and conduct bail-ins for troubled financial institutions could strengthen regulatory oversight. These reforms are essential to protect investors, maintain financial stability, and support India's economic growth and development. A robust regulatory framework is vital for safeguarding the integrity of the financial system and ensuring its resilience in the face of potential crises.
The position of third-party beneficiaries and its legal implications have changed and adapted to suit the present times. This research study focuses on the history of the provision of third-party beneficiaries while also simultaneously focusing on the doctrine of privity and its exceptions. It also discusses the third-party beneficiaries and the contemporary challenges faced by them. From a wide range of judicial interpretations and legislative decisions the study discusses about how third-party beneficiaries is a useful and necessary provision for various contracts and the drawbacks of the provision. It also focuses on how these drawbacks can be resolved. It examines how the courts all over the world have adapted this doctrine to suit their society’s needs and to evolve the doctrine in such a way that the complexities of the contemporary world can also be addressed. The landmark judgements are used as a reference in relation to the doctrine of privity and third-party beneficiaries. It also talks about real life examples of third-party beneficiaries that play an integral part in day-to day life. It lays special emphasis on the relationship between third party beneficiary and doctrine of privity. It also recommends suggestions as to how the problem faced by third party beneficiaries in the contemporary world can be overcome. Through this paper, the readers can gain a perspective on the legal concept and how this concept can be applied to the modern world wile shedding light on its adaptability, limitations, and legal intricacies about the concept.
Electoral and religious riots have been a significant challenge in India, causing significant damage to property, loss of lives, and displacement of people. The root causes of these riots are complex and multifaceted, involving political, religious, economic, and social factors. As a diverse country with a rich history and culture, it is crucial to understand the causes and consequences of such violence and identify strategies to prevent them. This abstract summarizes the importance of research related to electoral and religious riots in India. Such research can provide insights into the challenges faced by law enforcement agencies and policymakers in managing such situations. It can also shed light on the role played by various stakeholders in preventing and addressing such violence, including political parties, religious leaders, and civil society organizations. It is crucial to promote peace and harmony in a diverse country like India, and every individual and organization must work towards this goal. By conducting research on electoral and religious riots, we can take significant steps towards preventing such incidents from occurring in the future and mitigate their impact if they do occur.
In this ever-growing society, science has progressed to a great extent. The concept of forensic science, which involves scientific element seeks to render circumstantial evidence as a crucial element of it. Consequently, the availability of science evidence has becoming part and parcel of justice mechanism. The expression “Forensic science” is an umbrella term which includes wide range disciplines which includes, digital forensics, toxicology, ballistics, fingerprint examination, and DNA examination among others. It is a mixture of experience and common sense along with expertise from different medical field like surgery and obstetrics. From past few decades, the subject of forensic science has attained important scientific growth. It has become an essential part of criminal investigation as it assists police in suspects identification, and ensures fact finding as to how and when the offence was carried out. It plays a pivotal role in the justice system by rendering relevant scientific evidence to ensure disposal of criminal matters. Certain issues and challenges pertaining to reliability and quality of forensic evidence has been posed in applying forensic science upon Criminal Justice system in India. These problems can result into unreliable outcomes and mishandling of evidence. Addressing these issues can increase the credibility of the evidence and can ensure serving of justice in fair manner. Thus, it comes significant to examine the impact of forensic science on Indian Justice system. In this research paper, the researcher would highlight regarding the foundational concept of forensic science. It would also describe the application of forensic science in criminal justice system. Moreover, the researcher would also deal with the impact and issues related to forensic science on the justice system. The researcher would deal with landmark decision related to role of forensic science on the justice system. Lastly, it will conclude the research with conclusion and relevant suggestions to address the prevailing issues relating to research topic.
The prevalence of online abuse and disinformation targeting women in politics in Tamil Nadu, India, and explores strategies for combating this issue. Using a mixed-methods approach, including surveys and interviews with women politicians and activists, the study found that online abuse and disinformation are rampant in Tamil Nadu, and women politicians are particularly vulnerable to these attacks. The study identifies several factors that contribute to this phenomenon, including political polarisation, caste-based discrimination, and the normalisation of misogynistic attitudes. To address this problem, the study recommends a multifaceted approach, including policy interventions, community-based initiatives, and individual-level actions. The study proposes the implementation of legal frameworks that specifically address online abuse and disinformation targeting women, along with the creation of awareness-raising campaigns to educate the public on the negative impact of such behaviours. The study also emphasises the importance of building networks of support among women politicians and activists to provide emotional and strategic support for those who face online abuse and an evil form of sexual harassment.
The enactment of the Prevention of Money Laundering Act was a response to international programs that have aimed at fighting the menace of money laundering— which not only poses large risks to financial institutions but also tends to undermine the sovereignty and integrity of nations. The programme got further impetus when the UN convention against Illicit Drug Traffic came into being, which called for taking away funds and assets from drug-related organizations on a mandatory basis as well as putting into place mechanisms that would assist in combating money laundering. In a resolution adopted in February 1990, the UN General Assembly asked that member states enact legislation to outlaw money laundering and prevent financial institutions from being misused for illegal purposes. In light of this, the PMLA was approved in 2003 and enacted on July 1st, 2005. The PMLA’s primary objectives are to prevent money laundering, confiscate the proceeds of crime, and establish agencies and mechanisms to coordinate anti-money laundering measures. The Act defines money laundering as any process or activity connected to the proceeds of crime, including concealment, possession, acquisition, or use of such proceeds, projecting or claiming them as untainted property. The Act has been changed many times to ensure the quality of its provisions. The biggest amendments happened in 2012 and 2019 when the former changed the definition of money laundering under the Act to include individuals who aid, abet or participate in such crimes. In 2019, this amendment passed by the parliament sought to expand the powers of ED that provides for searching and attaching properties by the officers without going through a magistrate. Some have been concerned about abuse of power with them; the legality of its provisions has been questioned. In particular, the constitutionality on its section 45(1) which makes bail almost impossible and not providing accused with information in ECIR is in question. Yet landmark cases such as Nikesh Tarachand Shah v. Union of India highlight this delicate balance between upholding constitutional validity while meeting law enforcement objectives with safeguarding fundamental rights, including recent pronouncements by the Supreme Court of India. Recent rulings have underscored the importance of transparency and procedural safeguards. The Delhi High Court, in cases such as Neeraj Singal v. ED, has reinforced the necessity of providing written reasons for arrest to ensure fairness and due process. The ongoing judicial scrutiny highlights the need for rigorous oversight to prevent misuse of power and maintain public trust in the legal system.
Sustainable development is the catch word of the modern world concerning geo pollution and industrial development. It means that development and environment must go hand in hand. Our environment scenario is also based on the concept of sustainable development and the Judicial Forums in India have followed this approach. The Supreme Court of India time and again has stated that the right to a clean environment is a basic aspect of life which is protected by Article 21 of the Constitution of India. Several principles like the Polluter Pays Principle, Public Trust Doctrine, Precautionary Principle, Absolute Liability, etc. are applied in the sub-continent so that two things can be achieved- restoring the environment as it was before the pollution and also compensate the people who suffered as a result of the unchecked pollution. Every such acts of compensatory nature are to be undertaken by the industries causing pollution when directed by the Judicial Forums. But here is a catch. In the Indian Sub-continent, cases take years to be decided and the pollution goes on unabated. A carbon tax is imposed by the Government to put a direct cost on the green house gas emissions by the industries which acts as an economic incentive for the industries to lower their carbon output into the environment. The Finance Act, 2017 introduced section 115 BBG under the Income Tax Act, 1961 “in order to bring clarity on the issue of taxation of income from transfer of carbon credits and to encourage measures to protect the environment.” The Income Tax Act, 1961 also encourages measures to protect the environment is a good step forward but also at the same time hints at the rising level of pollution in the Indian sub-continent.
The boom in the world social media has given rise to a new category of influencers known as "FinFluencers," who provide financial advice and market insights to broad audiences. This article explores the role of the Securities and Exchange Board of India (SEBI) in moderating the impact of FinFluencers on the Indian securities market. As these influencers gain significant followings, their ability to influence market behavior presents both opportunities and risks. This study examines SEBI's regulatory framework concerning FinFluencers, the existing regulations, and concludes with recommendations for enhancing regulatory measures to ensure market integrity and investor protection.
Gender equality in the legal profession has been a topic of considerable discussion and analysis over the past few decades. Despite significant advancements, gender disparities persist in various aspects of the profession, including representation in senior positions, pay equity, and work-life balance. This paper examines the current state of gender equality in the legal profession, highlighting the barriers that women face and the progress that has been made. Through a review of existing literature, statistical data, and case studies, the paper identifies key factors contributing to gender inequality and offers recommendations for achieving greater gender parity. The findings suggest that while there have been improvements in the inclusion and promotion of women within the legal field, systemic issues and cultural biases continue to hinder true equality. Addressing these challenges requires a multifaceted approach involving policy changes, organizational commitment, and cultural shifts within the profession.
An agreement to protect the disputed party’s data from being leaked to third parties was developed because the third party used to support the party in dispute in cases where that party’s chances of winning were likely to be very high. As a result, the party used to disclose to the third party every detail of the dispute. Confidentiality and protection: the NDA serves to safeguard ideas from being stolen or shared with third parties, as well as to maintain the confidentiality of information. TPF is not commonly permitted in India due to the observation that there is no prohibition on third parties funding arbitral proceedings and receiving payment following the arbitral award’s conclusion. Throughout many Indian states, including Maharashtra and Gujarat statewide Pradesh State of Andhra Pradesh The Code of Civil Procedure 1908’s Order 25 Rule One was revised, allowing courts to recover fees for litigation by asking financial parties to join parties and depositing expenses in court. As a result, Odisha and Tamil Nadu accepted third party funding. These aid in both parties’ adherence to the guidelines and standards set forth by arbitration bodies, which may have unique demands in relation to secrecy and third-party funding. You have to demonstrate to the code that you have suffered or will suffer a reparable loss or injury in this situation. The party who receives the secrets must agree that the harm caused by their unauthorised use is irreversible
This paper examines the critical interplay between Article 32 of the Indian Constitution and Public Interest Litigation (PIL), pivotal to safeguarding justice and fundamental rights in India. Article 32 empowers citizens to seek Supreme Court intervention for rights violations, forming the basis for PILs that advocate for the voiceless and marginalized, transcending traditional legal protocols. The study traces the historical evolution of these legal instruments from the Constitution's inception to the present, highlighting the Supreme Court's shift from a conventional judiciary to an active socio-political entity. This study examines PIL jurisprudence that dates back to the 1980s and highlights key cases that have influenced the field's growth. It highlights how the effectiveness of PILs is influenced by judicial activism and demosprudence, or democratic judicial inventiveness, demonstrating the Supreme Court's dedication to justice outside of inflexible legal frameworks. Analyses comparing PIL in the UK and the USA show both shared and distinct national issues, such as procedural delays and judicial overreach. A detailed case study of the Narmada Bachao Andolan PIL illustrates the complexities of balancing development with environmental and social justice, emphasizing PIL's role in addressing multifaceted public interest issues. The paper concludes by addressing criticisms of PIL, including potential misuse and judicial overreach, and underscores the need for preserving its integrity as a tool for justice. Through this exploration, the paper highlights the transformative impact of Article 32 and PIL in reinforcing democratic ideals and ensuring justice in India.
Given its serious implications, investigating the ethical aspects of the death penalty is imperative. It prompts us to think about concerns such as - What is the value of human life? What is the government's role in imposing the death penalty? Furthermore, the death penalty being a complex and controversial issue raises questions about the criminal justice system's impartiality, fairness, and biases. Understanding these difficulties of justice and human rights in our society requires an examination into its moral intricacies. The purpose of this study is to critically examine the ethical underpinnings of the death penalty, with particular attention to its justification in light of retributive and deterrent theories, its implications for justice and human rights, and its potential for application in discriminatory ways. The research aims to offer insights into such complexities and investigate alternatives like life in prison and restorative justice ultimately advocating for a fair and equitable justice that focuses on healing, reconciliation, and repairing harm rather than solely punishing offenders.
This paper examines the need for and implications of extended protection for wines and spirits under Article 23 of the TRIPS Agreement. It analyzes the rationale behind this enhanced protection, the nature of safeguards provided, and the broader implications for international trade and cultural heritage preservation. Through a comprehensive analysis, the paper highlights the significance of geographical indications in identifying products' origin and unique characteristics. It discusses the debate surrounding the exclusive protection of alcoholic beverages and the negotiation process leading to Article 23's insertion. Furthermore, the paper explores the practical implications of GI protection on wines and spirits, emphasizing economic significance and consumer protection. Case studies of iconic products illustrate the economic and cultural value associated with geographical indications. Overall, the paper underscores the importance of balancing IP rights protection with promoting innovation and cultural preservation in the global marketplace.
The right to self-determination is a settled legal principle in International Law. Having been enshrined in the charter of The United Nations and The Universal Declaration of Human Rights, Self-determination enjoys wide international legal notoriety. Despite extensive codification, the right has faced inconsistent recognition by member states. Since its inception, the claim has suffered from an identity crisis. It has been codified as a collective right, a right of “people” to govern themselves, something legal in nature gaining its validity from social contract. On the other hand, legal scholars have argued that the right to self-determination is individualistic, part of human nature, a right that does not gain its legitimacy from collective action but is something that is exercised collectively. The topic has left naturalist and positivist legal jurists of international law in a never-ending match of ping-pong, where both schools of thought have convincing arguments for their cause. This paper aims to critically examine the arguments that have been put forth by both schools of thought on the subject matter of self-determination. The paper in its first part will try to trace the origins of the right to self-determination and review how consistent the naturalist and positivist understandings are of the right in relation to situations where the right has been classically exercised. The second part of this paper will explore the right to self-determination as a part of customary international law and determine if the arguments made by the two schools are consistent with the principles of interpretation that are well settled on matters of customary international law. The third and final part of this paper will have concluding arguments and observations that were a result of the author's engagement with the topic at hand
Women are the beacon of a mature and thriving civilisation. The flourishment of a civilisation lies in the dignified and respectable position of women in the society. However, they have been fighting for their rights since the very inception of humanity. Beginning with primitive age till today, women have been constantly subjugated by the male section of the society. However, with the coming of 21st century, the scenario has transformed significantly and now women are competing at par with their male counterparts in almost every arena of social existence. Be it economy, medical, arts, politics, governance or any other field women are leading and sometimes even outperforming their male counterparts. Ironically, in the age of gender equality, gender inequality persists in the most derogatory form, that puts question on the very standing of women in the society. One such source of gender inequality, is the draconian provision of Marital Rape Exception in the criminal laws of India. This article aims to explore various dimensions pertaining to the issue of Criminalisation of Marital Rape in India. The article has been divided into various parts to provide a comprehensive insight into the issue of marital rape and the necessity of criminalising it.
This article critically analyses the concept of Third-Party Litigation Funding (TPLF) in the context of India, exploring its benefits, challenges, and potential implications for the legal system. As a mechanism where external entities provide financial support to litigants in exchange for a share of potential settlements, TPLF has gained global attention. The discussion delves into the necessity of TPLF in India, considering the high litigation rate and financial disparities that hinder access to justice. Drawing from international examples, it evaluates the existing regulatory framework in India, highlighting the gradual recognition of TPLF's significance by the government. The article concludes by emphasizing the need for a balanced regulatory approach that fosters access to justice while addressing ethical concerns.
In the Indian democratic system, the Anti-Defection Law is extremely important. Despite the Anti-Defection rules being implemented, political defections continue in India, raising concerns about the effectiveness of these rules in maintaining political stability and deterring elected officials from acting opportunistically. The Anti-Defection Law, which was passed with the goal of preventing defection and keeping party discipline, has unexpected repercussions. Opponents argue that by restricting the ability to vote for representatives in government and making it more challenging to establish stable administrations, it erodes democracy. Furthermore, it has been said that political parties are encouraging a culture of insider trading and horse trading by using threats and inducements. Even though the 10th schedule spells out the disqualification laws in their entirety, there are still a number of important issues that come up from time to time, such as whether the Anti-Defection Law is constitutional, whether a speaker’s decision-making abilities can be contested, and whether intra-party conflicts are also grounds for disqualification. In order to address each of these queries, the paper presents arguments both in support of and against the legal question, concluding with the author’s summary of the findings. This paper will explore how to comprehend the practical legal nuances around anti-defection laws. It will also help the reader comprehend the Anti-Defection Law’s moral and logical foundation. This paper covers contentions for and against the Anti-Defection Law along with the changes required in the current system. This paper aims at providing a wholesome view of the Anti-Defection Law in the nation along with its subsequent implications.
This study explores the dynamic landscape of lie detection and traces its historical evolution from ancient beliefs to modern technological advances. The integration of technology compared to the context of artificial intelligence and the sensitivity of the attack is used as a force for change. However, the inclusion of polygraph technology also raises ethical and legal challenges. Privacy issues and potential biases in data analysis must be carefully considered to balance the pursuit of truth with individual rights.
Western traditions having profound impact on Indians. In this research we have discussed various cases and then steps taken by some nations to prevent Incels violence. Before such new thing take place what positive steps can India take to stop it from further escalating, it is the main motive behind writing this article. “Incels” recognized as the people who blame women for their inability to win love or to have sexual partner. We see it as psychological understanding these people are actually going through inferiority complex. According Incels women are only attracted toward the “Chads” and “Stacys” which they call it as most handsome and white men having reputed image where they believe women get with these men to maintain their status and lifestyle whereas they also believe that women’s position should be limited that they are being independent which is also being one of reason for their cause. To throw out their frustration and anger toward women various online web has developed communities. Rather calming which provoking more hatred and misogynistic views on women. Over the years crimes against women are rising. In the country like India as per the NCRB report December 2023 shows that the crimes against women rising are fifty-one every hour crimes have been reported. It’s a very recent data shows the current situation of women. There are various reasons including the long lasted strong patriarchy in India throughout history. The traditions and the approaches have been taken up by our society is, which having immense impact on our society today, the way women being recognized by masculine nature in today’s world. Different types of violence on various level happening today. Where someone’s inability can also cause the women existence that is being threat for the specific community talking about the “Incels” (voluntary celibate).
In the wake of the COVID - 19 pandemic in March 2020, the plight of the migrant workers all across the country made headlines. There were many estimates of millions of migrant workers being stranded due to the imposition of the nationwide lockdown. The workers were unemployed with factories and other workplaces being shut with immediate effect. The nationwide lockdown was announced on the 22nd of March, 2020 by the Prime Minister of India. The pandemic and the ensuing lockdown exposed the cracks in India’s policy of dealing with the inter-state migrant workers. The article delves into the existing problems as well as suggestions in having a record of Inter-State Migrant Workers in India.
Deepfakes are a form of synthetic media that utilize deep learning and artificial intelligence techniques to create or modify content, such as audio, video, or images, in order to appear genuine and authentic. The term "deepfake" is derived from the combination of "deep learning" and "fake." The technology behind deepfakes relies on neural networks, specifically generative adversarial networks (GANs) or autoencoders, to analyze and replicate patterns from existing data, such as movies or photographs of a specific individual. This enables deepfakes to manipulate speech or facial expressions, replace faces in videos, and generate content that is difficult to distinguish from real and unaltered media. While deepfake technology has potential applications in industries like entertainment and visual effects, it has also raised concerns due to its potential for misuse. Deepfakes can be used to create convincingly fake videos with malicious intent, such as spreading false information, fabricating news, or producing explicit material involving unsuspecting individuals. In India and the UK, the growing use of deepfake technology has highlighted the need for stronger legal frameworks to address issues related to privacy, data protection, and cybercrime. While existing laws can be utilized to combat deepfakes, specialized legislation specifically targeting the challenges posed by deepfakes is necessary in the current landscape. Deepfakes have emerged as a significant cyber threat in India, particularly targeting popular figures such as actors, celebrities, and sports personalities. This threat affects individuals across various demographics, regardless of age, gender, religion, class, or social status. It is time that countries join hands across borders to lessen the negative impact of and eventually eliminate cyber-crime and deepfake technology.
India is a diverse country, women empowerment is a vital aspect of social progress in India. Women in India have long faced various social, economic, and cultural barriers that hindered their progress and development but now over the years Indian women have broken barriers, shattered stereotypes and demonstrated their immense potential in various fields to prove themselves and to show the nation their capabilities by accepting the challenges which Indian society put before them. This article explores the Indian perspective on women empowerment, highlighting the progress made and the ongoing struggles.
Artificial intelligence (AI) has transformed healthcare, notably in terms of patient monitoring and diagnostics in the healthcare sector AI is presently used extensively in healthcare to improve the accuracy of assessment of potential diseases and treatments available, speed and processing time of data, and reliability of the outcomes. It is well-known for its learning and problem-solving ability. This paper explores how AI is changing operations related to monitoring and diagnosis. We are able to understand the significant impact of AI on healthcare practices by looking at the applications that are now in use, their effects, and the challenges that arise in actual medical settings.
The World Health Organisation defines health as, “a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity”. A perusal of this definition makes it abundantly clear that mental health of a person is as important as physical health. The patients suffering from mental illness face a lot of taboos in the society and it becomes very difficult to treat and rehabilitate such patients. Mental illness has been looked upon from a completely different spectacle in the nation leading to a situation wherein people often tend to hide their mental issues and refrain from sharing the same with anyone due to the risk of being ridiculed and looked down upon by the society. People are afraid to even disclose about their mental illness due to the fear of being cut off by their relatives and friends. In such a social setting, it becomes too difficult to protect the patients with mental illness and ensure that their right to health is equally protected as that of the others. The Mental Healthcare Act, 2017 was enacted with a view to ‘provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfil the rights of such persons during delivery of mental healthcare and services and for matters connected therewith or incidental thereto’. The Act lays down the various rights of the persons with mental illness in order to ensure that their right to health is protected but more than often it is seen that the rights as enumerated by the Act remains a dead letter while the patients are languishing and waiting to realise their right to health.
Provisional applications for patents play a crucial role in the intellectual property landscape, offering inventors a streamlined pathway to secure priority and protection while refining their inventions. This paper explores the legal framework and practical implications of provisional patent applications, focusing on their purpose, requirements, and strategic advantages. By providing a temporary placeholder for inventions, provisional applications establish an early filing date, enabling inventors to further develop their ideas without forfeiting potential patent rights. This study examines the criteria for filing provisional applications, their impact on subsequent non-provisional filings, and the legal protections afforded during the provisional period. Moreover, it delves into the nuances of disclosure requirements and the strategic considerations for maximizing the benefits of provisional applications in safeguarding intellectual property. Through case studies and comparative analysis, this paper elucidates how provisional applications shape innovation strategies, mitigate risks, and enhance the overall patenting process within the framework of intellectual property law.
This article provides a comprehensive exploration of contract cycle management, detailing the nature of contracts and smart contracts, role of contract management professional, as well as the processes and importance of effective contract management. Contract management is a systematic process that optimizes an organization's performance and reduces financial risk. In today's business environment, effective contract management is crucial for cost reduction and productivity enhancement. A Contract Management System (CMS) automates repetitive tasks, streamlining the contract lifecycle from drafting to execution. This reduces administrative costs, enhances workflow productivity, and minimizes noncompliance risk through automated reminders and compliance checks. A robust CMS ensures no deadlines are missed and all contracts are accessible and organized, protecting the organization from legal and financial repercussions. Contract management involves several key steps, including contract drafting, contract vetting, contract abstraction, contract summarization, and auditing and reporting tools. These tools help ensure legal enforceability, reduce errors, and protect the organization's interests.
The Constitution provides safeguards and guarantees for the all-round development of tribal communities, focusing on their social, economic, legal, and political rights. These safeguards, including laws and regulations, protect tribal communities, preserve India's cultural diversity, and promote equality and justice. Hence, the present study focuses on how Scheduled Tribes are aware of and utilize these protections. Erukunda Thanda (Tribal hamlet) in Shankarpally Mandal, Ranga Reddy district, Telangana, was selected for the current empirical analysis. Using a simple random sampling method, 30 households were selected for the survey. We used a semi-structured interview schedule to gather information like the awareness level of the Banjaras Tribe on fundamental rights and various constitutional provisions. Over half of the survey participants reported unfamiliarity with the constitution. Half those knowledgeable about the Constitution knew of their fundamental rights and various constitutional provisions for their safeguards. Individuals who have completed their education and are employed in government positions demonstrate a strong understanding of the SC and ST (Prevention of Atrocities) Act of 1989. This underscores the importance of education in empowering individuals and enabling them to assert their rights. Hence, top priority may be accorded to accelerate literacy among the tribe through regular awareness about their various constitutional provisions and legislations for their protection and empowerment. The legal educational institutions' legal aid society can adopt the Thanda in their locality to conduct programs regularly to educate and empower them. Law students can serve and teach people to bring socio-legal inclusion to Society.
The "doctrine of legitimate expectation" is a pivotal concept in administrative law signifying protection of trust. This doctrine plays a crucial role in connecting the rights of individuals and organizations with the powers of public authorities. It is based on the fundamental principle that when individuals have a reasonable expectation that public authorities will act fairly and follow established rules and procedures, such expectation even when it doesn’t give rise to any legal right shouldn’t be violated. By upholding this principle, the doctrine serves as an important protection against arbitrary and unfair administrative actions, ensuring that government decisions are predictable and consistent, and promoting trust among citizens. In democratic nations, the separation of powers among the government's branches is considered a fundamental rule. The executive branch, which has been granted substantial discretionary authority, is responsible for creating rules and regulations to effectively govern the country. To prevent any potential abuse of this authority and safeguard the rights of citizens from arbitrary actions, the "doctrine of legitimate expectation" becomes relevant. It is the duty of public authorities to carry out their responsibilities fairly and without any arbitrary behaviour. This paper aims to thoroughly examine this doctrine, comparing its application and impact in English and Indian administrative law. The author intends to illuminate the evolution and improvement of this doctrine through judicial decisions, highlighting its global importance in administrative justice systems.
Indian Contract Act, section 28, talks about agreements made in restriction of legal proceedings being null. Basically it says that any such agreement that prohibits the parties from bringing a lawsuit to protect their rights is null and void to the extent it restricts them from bringing a lawsuit. In this section, however, there are two exceptions to the rule.” Only the first exception is discussed here. A contract between two or more parties whereby they agree that any dispute that may arise between them in respect of any subject or class of subjects shall be referred to arbitration, and that only the amount awarded in such arbitration shall be recoverable for the dispute so referred, is exempt from the provisions of the first exception. It can also be noted that arbitration is one of the possibilities supplied by the ICA to the parties. A double benefit is achieved. One being the hassle of going to courts and litigation can be avoided and secondly, this also reduces the burden on the courts.” When we look into the scope of this exception, it can be said that when the agreement between the parties provided that whatever award the arbitrators give shall be acceptable to them in every way without objection, it was held that the agreement could not be relied upon to shut objection even on the ground of misconduct to the arbitrators. However, this section does not apply to cases where there is no absolute restraint against enforcing the rights. Through this paper the author will be analysing the nature and objective of Section 28 of the Indian Contract Act, and the restrictive clauses included herein. This section of the ICA purposes to enforcement of the agreements in view of those clauses which restrict one party from having their rights enforced in the court of law and also to analyse agreements restricting law of limitations.
This research revolves around the state of social security provisions for labourers in the textile industry of Tiruppur, Tamil Nadu. Textile labourers face unique challenges such as job insecurity, health risks, and fluctuating economic conditions. Effective social security measures can mitigate these challenges by providing stable income during unemployment, access to healthcare services, and retirement benefits. The main stream focus of the study is on the effectiveness and accessibility of existing social security schemes such as healthcare, pension, and insurance. Through qualitative methods such as interviews and surveys with workers and employers, the study explores the gaps between policy intentions and implementation realities. The findings of the study reveal significant challenges including inadequate coverage, administrative barriers, and disparities in benefits distribution. The study then goes on to recommend suggestions to improve policy implementation and benefit distribution. Lastly, it concludes with recommendations for policy improvements to enhance the social security framework for textile labourers in Tiruppur, aiming to foster greater equity and welfare in the industry.
Artificial intelligence (AI) is revolutionizing the legal field by increasing efficiency, accuracy, and accessibility. This article investigates AI's potential for legal research, document review, predictive analytics, and compliance. It also addresses ethics, data protection, and regulatory compliance, providing insights into how AI might transform legal processes while assuring responsible adoption.
Information Technology (IT) Laws is one of the most rapidly developing areas of law in today’s time, not just domestically but internationally as well. The field of technology has seen rapid change at an unprecedented rate in the last two decades, with new technologies emerging every second and becoming accessible to the public at large. To keep pace with these developments, various legislative actions have been undertaken by amending the existing laws such as the Information Technology Act of 2000 and formalising rules and regulations to supplement the laws. However, it is now the need of the hour to bring in new legislation to overhaul the existing legal machinery pertaining to IT. While the legislature is working towards executing this overhaul with the impending Digital India Act, the process to accomplish this is time-consuming. In the past two decades, the Indian judiciary has stepped in at various junctures to keep abeam with the latest developments in technology so that the existing laws are not regarded as being redundant or outdated. The judiciary has done so by incorporating various interpretations and jurisprudence while adjudicating disputes pertaining to the IT sector. In this article, we will explore the recent judicial developments in IT laws. For the purpose of this discussion, we will limit our scope to landmark judicial decisions pertaining to specific areas such as the constitutionality of IT laws and rules, intermediary liability, and evidentiary value of electronic records in the past decade (2014-2024).
Telemedicine has emerged as a promising solution to enhance healthcare access and reduce costs, particularly in geographically diverse countries like India. However, the rapid digitization of healthcare has raised significant data security and privacy concerns. This paper examines the regulatory framework governing telemedicine in India and the associated data security challenges. Key regulations include the I.T. Act 2000, SPDI Rules 2011, NMC Act 2020, and Telemedicine Practice Guidelines 2020. These aim to provide legal guidelines for telemedicine practices and address data protection issues. The paper highlights the importance of patient consent, data confidentiality, and cybersecurity measures in telemedicine. While existing regulations provide a foundation, there is a pressing need for comprehensive legislation tailored explicitly to telemedicine's unique challenges. The upcoming Personal Data Protection Bill is expected to strengthen data privacy provisions. However, additional measures are required to regulate data encryption, secure storage, and protect against cyber threats. The paper concludes that a collaborative approach involving policy-makers, healthcare providers, technology companies, and legal experts is crucial to addressing data security challenges in telemedicine. Regular audits and assessments should be mandated to ensure compliance with data security standards. As telemedicine continues to grow in India, robust data security and privacy measures will be essential to build patient trust, foster innovation, and fully leverage the potential of digital healthcare in the country.
This research aims to critically analyze the Fast-Track Courts in India with its noteworthy contribution in precipitating the justice delivery system. The research predominantly stresses the organizational structure, jurisdiction, historical evolution, and legal frameworks of the Fast-Track Courts in India. The paper also delves into the functions performed by the Fast-Track Courts and scrutinizes its effects on the huge backlog of cases in the Indian judicial system. This paper humbly attempts to assess the procedural aspects and mechanisms employed by the Fast-Track Courts in resolving disputes and emphasizing their efficiency in achieving speedy justice. The study further explores viable solutions to address the persistent issue of case backlog in the country's judicial system. By assessing the performance of fast-track courts and identifying the factors contributing to the pendency of cases with special attention on the systematic and procedural issues, the research seeks to offer valuable insights for judicial reform and improvement while considering short-term and long-term perspectives. It will also examine the specific challenges faced by the Fast-Track Courts in expediting justice and reducing the case backlog. It will further bestow recommendations for optimizing the functioning of fast-track courts, ensuring their efficiency in the delivery of timely justice while maintaining the specified judicial standards.
In today’s dynamic world, consumers are considered to be the catalyst of the working mechanism of the whole economy therefore, it is very vital to safeguard the interests of these consumers. The consumer’s are generally prone to many threats like misleading advertisements. The paper that I’m dealing up with is majorly dealing up with this particular issue. The main context of the article or my paper is revolving around the concept of how the misleading advertising converges with the phenomenon of consumerism. This concept is of a high relevance or priority as it is important to observe it crucially, since the interests of the consumers are in trouble. Misleading advertisements have got the great potential to create a huge drastic-cum- impending effects upon the consumers’ psychology. As the negative effects upon the consumers increase they may not even have an intention to consume more or let’s say it may even lead to a complete breakdown of trust that consumer’s have over the market mechanism. This may even lead to slowed working of the economy further leading or contributing the economy to fall into a debt trap or depression. Therefore proper steps are supposed to be undertaken to make sure that it is not happening and the same concept or question of fact is discussed in my article. The change that misleading advertisements may cause in the market dynamics and the legal and ethical concerns that arise in the society have also been discussed in my article. Eventually the relevance to encourage a healthy market environment in the society has also been emphasised.
Corporate governance refers to the system of rules, practices, and processes by which a company is directed and controlled. It involves balancing the interests of a company's many stakeholders, such as shareholders, management, customers, suppliers, financiers, government, and the community. A proper corporate governance is very much relevant for a proper functioning of an enterprise. This article emphasises the basic principles of corporate governance and the transparency that it requires for the expansion and success of firms. But the fraud which occurs in the corporate governance poses a huge constraint to the firms. This is popularly referred to as corporate fraud. When illegal activities are done by the people it creates or poses a huge impending effects upon the firms therefore, the article has highlighted the importance or relevance of preventing corporate fraud. The common effects that corporate fraud generally creates are financial instability of the firms which would eventually lead to the bankruptcy of the firms. Therefore it is high time to completely curb off this issue from the society as the stake or interests of the firms are in trouble. This question of fact and related legal aspects of the same with the help of some case studies have been discussed in this article. Eventually, the relevance of swiping off the hindrances caused by corporate fraud is to be discussed to a great extent and a major chunk of the same has been discussed in this article.
