Indian Journal of Law and Legal Research
ISSN: 2582-8878 | PIF: 6.605
Indexed at Manupatra, Google Scholar, HeinOnline & ROAD
Volume II Issue I (Part-A)
June - July 2021
How To Find Manuscript?: Authors Can Find Their Manuscript Using CTRL + F Feature
Mr. Reghu M, IRS Batch 2015 | Kerala Law Academy, University of Kerala, Thiruvananthapuram
Page: 1-20
Rule of law necessitates its due and precise enforcement without any excesses. This paper conceptually analyses the existing and prevalent system of law enforcement and the fallacies therein, including the post facto nature of remedies to violations.
Arnav Ghai, Jindal Global Law School
Puneet Maharishi, Jindal Global Law School
Page: 21-26
The research proposal focuses on the concept of Adverse Possession and how its misuse by any government can lead to serious environmental and economical problems for the society as a whole, for which various examples and models are provided throughout the proposal for the reader to understand.
Sharlin Puppal, MNLU Mumbai
Page: 27-34
The Inner Line Permit System was designed for frontier regions of the northeast for establishing peaceful administration and protection of the hilly tribal regions of Northeast states. The colonial establishment brought this system as a policy to exercise control on the northeast region more
efficiently
Rishabh Jain, Maharashtra National Law University Mumbai
Page: 35-46
It is quite often said that an idle mind is a devil’s workshop. Curious nature of human beings has led to numerous discoveries. Human cloning is one of them. A concept which had been only a topic of science fiction for time immemorial, turned into reality in the year 1997 with the arrival of Dolly, a cloned sheep.
Sarthak Sharma, OP Jindal Global Law School
Page: 47-50
The doctrine of survivorship was a model of property division, prevalent in the Mitakshara school of thought under Hindu legal traditions. It was a heavily patriarchal system which essentially mandated the division of the estate solely among the male claimants, terming them as coparceners.
Sarthak Arora , Guru Gobind Singh Indraprastha University
Gaayan Arora, Guru Gobind Singh Indraprastha University
Yashvi Arora, National law University, Jodhpur
Page: 51-58
The Constitution of India charges the state to verify social, financial and political equity to every one of its residents, in this manner making the established command for expedient equity certain through Article 141 which ensures correspondence under
Ananya K N, Symbiosis Law School, Hyderabad
Page: 59-68
The doctrine of survivorship was a model of property division, prevalent in the Mitakshara school of thought under Hindu legal traditions. It was a heavily patriarchal system which essentially mandated the division of the estate solely among the male claimants, terming them as coparceners.
Ragini Singh, Symbiosis Law School Nagpur
Page: 69-86
Advanced criminal examination has arrived at a state of complexity requiring the inclusion of a wide rangevof controls to fathom a wrongdoing. Each order embeds a piece of the riddle until it is finished. It is critical to comprehend what each scientific master brings to the table.
Khyati Tuli, Amity Law School, Delhi (Affiliated to Guru Gobind Singh Indraprastha University)
Page: 87-93
Section 3 of the Competition Act 2 states that an agreement between enterprises or persons at different levels of the production chain in different markets, in respect of production, supply, distribution, storage, sale or price of, or trade-in goods or provision...
Prashant Kumar Varun, Faculty of Law, University of Lucknow
Page: 94-103
Humans are born with several rights. Some rights are human right which is exit from its inception and some are legal rights provided by the legislature. These legal rights are protected by the imposing duties to the person.
Vismay GRN, The National University of Advanced Legal Studies (NUALS)
Page: 104-118
The Covid – 19 pandemic has caused unprecedented havoc on society in the year 2020. The effects of the pandemic have been felt across varied spheres of human activity, be it the economy or the health sector.
Umang Gupta, Amity Law School Noida
Page: 119-126
The Legal Realism Theory is one of the most important theory of jurisprudence which helps in giving the wings in understanding of decision of courts. The realists contend that law has emanated from judges, hence law can be said as what court do and not what they say.
Kartik Anant Pandey, Thakur Ramnarayan College of law
Page: 127-136
The present paper deal with the ambiguity of The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017, it also represents the necessary changes regarding self-disclosure of the person infected with HIV/AIDs.
Anya Parikh, Symbiosis Law School, Hyderabad
Page: 137-155
This paper endeavors to study the concept of child witnesses in India, and the evolution of the same. It strives to reach an in-depth analysis of when child witnesses are accepted, what are the drawbacks that were previously prevailing with respect to child witnesses
Reeya Saharan, Himachal Pradesh National Law University, Shimla
Page: 156-161
Section 37(1) of the Income Tax Act, 1961 says that any expenditure (not being of that nature as mentioned in sections 30 to 36 and not capital expenditure or personal expenses of assessee), laid out or expended wholly or exclusively for the purposes of the business or profession shall be allowed in computing the income chargeable under the head “Profits and gains of business or profession.”
M. Shamima Parveen, Bharat Institute of Higher Education and Research
Page: 162-169
This paper aims to explain the functions of the National Commission for the Protection of the Rights of the Child and its implementation and compliance problems. The group in society, The National Commission on the Protection of the Rights of the child.
Deepanshi, JIMS School of law affiliated to GGSIPU, New Delhi
Kunal Marwah, JIMS School of law affiliated to GGSIPU, New Delhi
Page: 170-175
Copyright is an exclusive legal right given to the owner of the intellectual property, in simple terms it means that it is a legal right for the creator and for only people who are been authorized by the creator have exclusive right to reproduce the work.
Ipsita Rout, KIIT School of Law, KIIT University
Page: 176-203
India opened its economy to the world in the year 1992 and this process of globalization has benefited India in numerous ways. Many multinational companies opened their branches in various parts of the country. This resulted in increased foreign reserves as well foreign investment.
Anmol Singh Khanuja, NMIMS School Of Law, Maharashtra
Page: 204-213
This paper aims to explain the functions of the National Commission for the Protection of the Rights of the Child and its implementation and compliance problems. The group in society, The National Commission on the Protection of the Rights of the child.
Amrutha K, Government Law College, Ernakulam, Kerala
Page: 214-232
The Indian healthcare sector faces many glitches and some of them are political and economic uncertainty, accessibility, the rising prevalence of chronic diseases and an ageing population. Owing to the skewed ratio of doctor to patient, a large part of the population is still underserved in health care.
S. Abubacker Sidhic, Dr Ambedkar Law University
Page: 233-239
This paper aims to compare the right to vote for prisoners across the globe. Human rights are ethical principles or norms, that describe bound norms of human behavior, and customarily defend domestic and international laws. individuals usually understand them because of the "inalienable" basic rights that an individual has to himself.
Garima Singh, University School of Law and Legal Studies, IP University, Delhi
Srishti Roy Barman, HNLU, Naya Raipur, Chattisgarh
Page: 240-262
We have different justifications as to why intellectual property needs protection under law. Sometimes the labour and hardwork involved in creating an original work becomes the factor, sometimes the notion that it resembles personality or the economic benefits are looked upon to provide protection to intellectual properties.
Ipsita Rout, KIIT School of Law, KIIT University
Page: 263-285
India opened its economy to the world in the year 1992 and this process of globalization has benefited India in numerous ways. Many multinational companies opened their branches in various parts of the country. This resulted in increased foreign reserves as well foreign investment.
Nishita Kirty, GITAM School of Law, GITAM University
Page: 286-295
India is the largest democracy in the world and has one of the finest written Constitutions as a guiding light to such democracy. While the Constitutional framers were making the Constitution they foresighted a lot of situations that may occur in our country and made provisions in the Constitution to deal with such situations.
Shreya Kapoor, Graduate from O P Jindal Global University.
Page: 296-306
In the recent past, the lawmakers have made efforts in order to simplify the numerous existing legislations pertaining to Labor Law in India. One such legislation that has been assented by the Parliament is the Code on Wages, 2019 (“Code”).
Nishita Kirty, GITAM School of Law, GITAM University
Page: 307-316
India is the largest democracy in the world and has one of the finest written Constitutions as a guiding light to such democracy. While the Constitutional framers were making the Constitution they foresighted a lot of situations that may occur in our country and made provisions in the Constitution to deal with such situations.
Medhiyaa Ramesh, School of Law, Sastra university
Page: 317-326
Data and information run the world and the society’s functioning is handicapped without data, analytics and information. Remote sensing process is a completely scientific and accurate means of scanning the earth & its resources for the development of science and humanity.
Modit Johar, Guru Gobind Singh Indraprastha University
Archi Aggarwal, Guru Gobind Singh Indraprastha University
Page: 327-332
The virtual sector requires laws and regulation, and prohibiting cryptocurrencies would limit their growth potential. We are living in an age of exponential technological breakthroughs. We've progressed from mobile banking to stock exchange to cryptocurrency.
Kamal Kishor, National Law University, Nagpur
Page: 333-344
Cyberspace is a virtual world, which technically exists only in computer memory, but it is interactive and pulsing with life. In cyberspace, one can meet and talk to new people, read, publish, research, hear music, see videos, look at art, purchase and sell things, access government documents, send e-mail, download software, and receive technical support.
Michelle D'Souza, Jindal Global Law School, Sonipat
Anoushka Shetty, Government Law College, Mumbai
Page: 345-368
India’s progression from the ambiguous 2003 Model BIT to the unequivocal 2016 model signified a shift in its approach to investment treaties from an investor-friendly model to a host-centric model. Amidst this novel investment landscape, this paper seeks to critically trace the shift in the paradigm structure of BITs.
Gangadarsana P G, Amity University, Noida
Page: 369-383
The tanning industry is one of the most important industries responsible for contributing environmental pollution. In India, tannery is an pollution-intensive as well as labour-intensive exposition. Harmful effects from the tanning industry to environment, that is the working labour in tanneries, people residing around the tannery industries..
Rashmika Singh, School of Law, Christ (Deemed to be) University
Page: 384-395
Female Genital Mutilation is a traditional cultural practice and is widespread in many African and Asian countries. In this practice infants, girls, teens, and women in various cultures throughout the world are subjected to partial or complete removal of their genitalia.
Ekta Chandrakar, Symbiosis Law School, Nagpur
Page: 396-403
COVID-19 has caused a lot of disruptions around the world. It has not just impacted the economic and social conditions but also judicial systems all over the world. Following this, the courts started adapting itself to the problems associated with it as to social distancing and other healthcare measures.
Pavan Kumar. R, Associate at Dr. Gubbi’s House of Justice, Bengaluru
Page: 404-413
Anti-suit injunctions are indeed an effective instrument for implementing a jurisdictional judgement. However, because of the interference with the foreign forum's jurisdiction, the domestic forum's exercise of authority causes irritation on the part of the foreign forum.
Ishan Dhyani, Vivekananda Institute of Professional Studies
Page: 414-421
This Research Paper aims to understand and explain the manner in which the COVID-19 pandemic has impacted the lives of millions of refugees worldwide. From food crisis, to dearth of health facilities, from misinformation to states closing their doors for the refugee population, this Research Paper explores the variety of hardships the refugees face due to the pandemic.
Sravani K, NLU, Vizag
K Guna Sekhar, Law Clerk at AP High Court
Page: 422-440
Banking framework consistently has a significant task to carry out in each nation’s economy. It is fundamental for any country as it accommodates the requirements of credit for all the category of people. Information Technology has become an essential apparatus in the present associations.
Dr. Manjula S.R, P G Department of Law, Karnatak University, Dharwad
Page: 441-448
The good governance is depends upon the legislative policies by the government. The right to know is part of right to information as derived from the Constitutional rights. The right to information considered as integral part of administration of justice.
Esha Rathi, Jindal Global Law School
Vidhi Basrani, Jindal Global Law School
Page: 449-454
Shamim Ara and Abrar Ahmed were married according to Muslim Sharia Law. On behalf of herself and her two minor children, Shamim Ara filed an application complaining of desertion and cruelty but was not granted any maintenance on the ground that Abrar Ahmed had already divorced her; the divorce said to have been given was a triple-talaq.
Siddhant Uppal, Vivekananda Institute of Professional Studies
Page: 455-472
The Treaty on the Non-Proliferation of Nuclear Weapons (NPT) begins with the following statement: “Considering the devastation that would be visited upon all mankind by a nuclear war and the consequent need to make every effort to avert the danger of such a war
Akshita Sharma, JIMS Engineering Management Technical Campus, Greater Noida, Affiliated To Guru Gobind Singh Indraprastha University
Page: 473-484
Adoption as a growth of a family has drawn general research as three decades. India as one of the outdated nations in the Asian mainland has experienced actual changes in the field of adoption. From a contingent embracing male child for executing last customs after the death of the received guardians
Maya Bharath, BBA LLB (Hons.), PES University
Page: 485-498
The research paper aims to address one of the very serious and outraging issue of custodial deaths and torture in police custody depicting it as a play of power by the concerned authorities that inturn immensely abuses the human rights guaranteed under various provisions of law.
Himanshi Garewal, Tamil Nadu National Law University, Tiruchirappalli
Page: 499-519
The research paper aims at highlighting the absence of specific legislation that governs the rights of trade secret holders with the public interest. In accordance with the 37th Report of the Parliamentary Committee on Agriculture (PCA) on “Cultivation of Genetically...
Manya Ahuja, Associate, Wadhwa Law Chambers
Shubhang Tandon, Junior Counsel, BlackRobe Chambers
Page: 520-526
Religious freedom and rights are themes which have been the source of deep debate and struggle throughout the history of humankind. While legal and constitutional controversies are still being faced worldwide, there is a special modern concern for religious freedom in the Europe Union and the United States..
Sahana Florence.P, Research Scholar, Christ (Deemed To Be University), Bengaluru, India.
Page: 527-536
Health is an important determinant of the well-being of any community. Health is considered one of the essential elements of human development and progress. There are 370 million Indigenous people around the world and spread across more than 90 countries and they constitute about 6.2% of the world’s population.
Declyn Gomes, Graduate Christ University, Bangalore. Daksha Fellow
Anushka Singh, Graduate Symbiosis Law School, Pune. Daksha Fellow
Page: 537-544
Arbitration is a form of alternate dispute resolution. There have been many benefits to why the pendulum has been shifting from the traditional litigation to the new and upcoming alternative dispute resolution. One of the benefits of arbitration is that the party has complete autonomy.
Priya Ranjan, School of Law, Humanities and Social Science, Rastriya Raksha University, Lavad, Gujarat
Ashutosh Kumar, School of Law, Humanities and Social Science, Rastriya Raksha University, Lavad, Gujarat
Page: 545-551
Article 19 of the Indian Constitution, which is the supreme law of the land, provides for freedom of Speech and Expression. This article deals with the protection of certain rights regarding freedom of speech, etc. Freedom of the press not only makes democracy functional but is quintessential for an informed citizenry.
Dr. Mohana Rao Pedada., Professor of Law, Keshav Memorial College of Law, Narayanaguda, Hyderabad
Page: 552-572
The paper is fundamentally focused on the concept of marriage as socio-legal and economic Institution , legal and formal validity of marriage in conflict of laws. The contract of marriage and sanctity of marriage under different legal systems of the world.
Yash Patil, Bharati Vidyapeeth New Law College, Pune
Page: 573-587
Due to its nature of violating the rights of thousands of Muslim women, the practise of Triple Talaq has been hotly debated by the Indian Judiciary. While the practise has some religious underpinnings, it has been abused by males to maintain their dominance over their spouses.
Urvasi Bhoopal, Amity University, Noida
Page: 588-604
Our nation is known for its democracy and its wealthy way of life however it's far very unhappy that developing country just like India has no codified and precise legislation for the rights of the prisoners. Although, this reality cannot be rejected that our Honorable Judiciary has not neglected the prisoners and diagnosed various rights for them thru their judgments and interpretations
Amritpal Singh, University School of Law, Sri Guru Granth Sahib World University
Page: 605-614
Intellectual property is an outcome of human intellect. The main motivation for its protection is to encourage the creative activities and inventions. The role of intellectual property is sine qua non1 in the economic and technological development of a nation.
Akshaya Shri M, Alliance University
Pranav, Alliance University
Page: 615-641
This paper aims to briefly examine the various techniques undertaken by the big corporate companies that undertake international investment. The Methods used by Transnational Companies to Avoid tax mostly involve tactics like Exemption of Foreign Affiliate Income from Additional Home Country Tax, Transfer Pricing (Invoice Values)Royalty Payments etc.
Gurudutt, University of Delhi
Apeksha Singh, Guru Gobind Singh Indraprastha University
Page: 642-661
India has a long history of Preventive Detention and Counter terror laws from the Defence of India Act of 1858 to the National Security Act in 1980. The only period in the India without any preventive detention law was the three year period, beginning with the repeal of MISA in 1977 to the promulgation of the NSA in 1980.
Varshita Girish, Christ Academy Institute of Law, Bangalore
Page: 643-669
In countries like India, there are numerous cases pending before the court which are yet to be decided. There are various mechanisms to resolve disputes like mediation, arbitration, conciliation, negotiation which are called alternative dispute resolution mechanisms. In modern times, mediation has gained importance as cases can be settled effectively and it reduces burden on the courts which already have piles of cases pending.
Manisha Kumari, HPNLU, Shimla
Chandermohan Ashish, HPNLU, Shimla
Page: 670-682
Technology now a day is an absolute need we cannot escape from, it has a very big role in most aspects of our lives. In other words, it answers most of Mankind problems starting from functioning as a tour guide by showing us directions to working as an organizer by organizing information into a useful form and later also storing and retaining information for future use.
Simran Naik, Associate at Fox Mandal
Page: 683-687
Living in a nation that went from under-developed to a developing country one concern that hasn’t been in the limelight is ‘menstruation’ commonly known as periods. The society has never considered to speak about the needs of a menstrual leave and the very topic has been looked down on by not just men but also women.
Santhiya KS, Tamil Nadu National Law University
Page: 688-697
Elections in democratic setup such as India are of huge significance. At the end of the counting of votes, a candidate is declared as a returning candidate, but what happens when more than one candidate receives the same or equal number of votes leading to a tie? In India, the tie is broken by drawing of lots, which on the outset seems unfair.
Anirudh Das, Damodaram Sanjivayya National Law University, Visakhapatnam
Page: 689-706
In this article the author will briefly go over the basics of who can be called a shareholder. The position of the shareholder in context of the recent changes made to the insolvency and bankruptcy code, in addition to the clarifications given by the ministry of Corporate Affairs. In the essay below the author would like to go over the change in the legal powers of the Shareholder, in the case of initiating the CIRP and after the formation of Committee of Creditors.
Blessie Ahino J, Assistant Professor (Contract), The Tamil Nadu Dr Ambedkar Law University, Chennai
Page: 707-717
The 21st century is currently witnessing the greatest global challenge. The Covid-19 pandemic has altered not only our living but also our work and relationships bringing sea changes in our daily walks of life. Loss of labour income, reduced wages, threat to job security, work timing and schedule alteration and work life imbalance are some of the adverse effects which in turn has taken a negative toll on physical and mental health of the working population.
P. Ramalakshmi, Assistant professor, Chennai Dr. Ambedkar government law college, Tiruvallur
Page: 718-726
The research paper aims to address how law as an instrument of social change has been successful in establishing social justice and where do we stand today in this regard and bringing it into reality among the people in the such a diversified pluralistic country like in India. In fact , the relation between law and social justice is one of the means and the goal emphasised by natural law thinkers from the earliest times.
Anindita Saha, Symbiosis Law School Pune
Page: 727-735
The FIR was field against the accused party in the session court and the charges which was brought against them was under Section 302, Section, Section 201 of the Indian Penal Code 1860. The Talwar couple, Dr Rajesh and Nupur Talwar, are the key accused in the murder of their only child Aarushi as well as their domestic help Hemraj. The key facts of the case..
Rajeswari Rajesh, Kristu Jayanti College of Law, Bangalore
Page: 736-746
Health is a fundamental marker of human advancement. In India, the right to health and medical care has been recognised as a basic right from the early times and it’s the State’s obligation to provide it. With the outbreak of the Covid 19 pandemic, just like any other developing nations, India is back in square one with collapsing health care system and a mounting number of positive patients.
Neelansh Rao, University of Petroleum and Energy Studies
Diksha Guatam, University of Petroleum and Energy Studies
Page: 747-753
Workplace harassment is a grave issue in our society. An act or instance of harassing that trouble or annoy the other person who often covers a wide range including sexually or mentally. But when we talk about harassment it only means harassing someone sexually? Well it’s not just the case of harassing someone sexually.
Nirupama V Shankar, Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law
Page: 754-757
Part III of the Indian Constitution lays down the Fundamental Rights that are guaranteed to every person in India. It is often referred to as the Magna Carta and embodies the very core and essence of this code. Since the Constitution came into force, the Indian Judiciary has dynamically interpreted the rights under Part III.
Aaryana Anand, Gujarat National Law University
Soumya Ukil, Gujarat National Law University
Page: 758-773
“As per Section 3 of The Indian Trusts Act, 1882, ‘A “trust” is an obligation annexed to the ownership of the property, and arising out of confidence reposed in and accepted by the owner, or declared and accepted by him, for the behalf of another, or of another and the owner.1 There are two types of trusts in India: private trusts and public trusts.
Shishir Johary, NMIMS Kirit P. Mehta School of Law, Mumbai
Page: 759-786
Public employment ensures that the general public has the opportunity to participate in the business of the state. Though it may be viewed as a new type of property or economic wealth in theory, public employment requires equal and effective participation in order to share advantages or powers. The representation of many groups and people is a requirement for effective management.
Akshay Kotwal, New Law College, Pune
Dimple Manghnani, New Law College, Pune
Page: 787-793
As you read this article, Covid-19 has entered into its third consecutive year. Being the first case reported towards the end of 2019, in March 2020, WHO declared the new Corona virus a “pandemic” and in 2021, sheer number of cases raging on and have taken over 3.3 million lives worldwide. Following the history of pandemics in past, experts can easily say with confidence that Coronavirus is particularly not different in regard to its comeback as “waves”.
G.N.V.N.S Gamya Sree, Symbiosis Law School Hyderabad
Page: 794-803
The paper deals with the detailed analysis of the topic ‘double jeopardy’ along with a comparative study. The Double Jeopardy is a concept which differs from one country to the other, though its origin is same and is observed to be derived from the Roman and Greek period or their laws which had protected a person’s right against the double jeopardy
Shuvro Prokash Lahiri, Advocate at High Court, Calcutta
Page: 804-810
Vinod Dua, a reputed senior journalist on March 30, 2020, in his show namely The Vinod Dua Show on YouTube in one at 5 minutes 9 seconds and the other at 5 minutes 45 seconds raised certain recent issues criticising the present Government of India. That in his show Vinod Dua criticized the Government in failing to tackle the issues of proper handling of pandemic situation..
Ambika Bhat K S, Assistant Professor at Saveetha School of Law
Jeffy Alice Jacob, Assistant Professor at Saveetha School of Law
Page: 811-816
India, historically, has been an agricultural country and continues to be so with almost 70% of the population engaged in agriculture directly or indirectly. But due to the involvement of middle men1, the farmers cannot reacquire the expenditures they make for producing the agricultural products. Hence, over the past few years there is an increase in the number of farmer’s suicide.
Anannya Gupta, University of Petroleum and Energy Studies, Dehradun
Kajal Chandra, University of Petroleum and Energy Studies, Dehradun
Page: 817-825
The Code on Social Security, 2020 aims at consolidating and amending various existing laws relating to social security. The code extends social security to all employees whether from organized or unorganized sector. The 2020 code contains essential provisions relating to social security that aims at providing various benefits to workers including gig workers.
Nandini S. Sohoni, Babasaheb Ambedkar College of Law, Nagpur (R.T.M.Nagpur University)
Page: 826-837
Justice Pardiwala in a case related to termination of pregnancy had opened the judgment with “For centuries, men and women the world over, across the race and creed have asked the question, “Why, God, why?”, when disaster strikes. And, “for centuries, the religion has been trying to answer the question-how a Loving or Just God could allow his children to endure such suffering.
Recognition of Foreign Same-Sex Marriages in India: The Public Policy Exception to the Choice of Law
Sejalsri Mukkavilli, Alliance University, School of Law, Bangalore
Page: 838-854
The traditional choice of law rules extrapolated from the First Restatement on Marriage are usually followed in India. The Courts in India have been largely reliant on the English common law principles on choice of law. Moreover, there hasn’t been much jurisprudence where the courts have had to adjudicate on foreign marriages and their recognition in India even within the confines of heteronormative relationships.
S.Vineeth Balaji, School of Excellence In Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai
Page: 855-859
The communication is the nodal concern of the humans to interact and to know the happenings of the surroundings. This has evolved in the ages of civilization in different forms and modes. Now in the modern age of technological, scientific advancement and globalisation made the happenings to be known only through the medium of mass media.
S.Vineeth Balaji, School of Excellence In Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai
Page: 860-869
Regulation is essentially the need for the society to regulate in the form of law. It is coupled with rules and has the impact as the instrument of social control. It forms the part of the administrative law and principles. The conflict of approaches in the administrative law such as the red light theorists and the green light theorists , who makes the traditional and devloped principles of administrative law repectively. Apart from this there is the great diffrences in the approaches as to the legal approach and the regulatory approach in the societal norms and the legal norms.
Gargey Yadav, LL.M Student, School Of Law, Galgotias University, Greater Noida, Uttar Pradesh
Page: 870-876
The author in this paper tries to explore the Techno Legal Jurisprudence in the context of Internet and Mobile, as it form the major interaction of humans with technology. The risk factors associated with this duo combination of mobile and internet are explored; and the author tries to suggest some reasonable changes that are required looking the risk factors.
Anishka Jain, Centre for Legal Studies, GIBS, GGSIPU
Page: 877-882
Rape is not just an act of sexual violence but an act of degenerating the society by outraging the modesty of a woman and outseeing the dignity of mental, physical and psychological well-being of a woman. How the concept that has been instilled within the society at large remains to be a culmination of the wrong deeds not only by deviating from basic theory of symbiosis but also making everyone sustainable.
Devrath Reddy Bollampally, Symbiosis Law School, Hyderabad
Page: 883-892
Law provides everyone with equal access to justice, hence it is very important that there is enough research on the provisions of law which enable such persons to access justice, hence the objective of the paper is to have a clear study about the provisions of the civil procedure code which are dealing with suits filed by an indigent person and appeal filed by an indigent person.
Maitry Parsana, Government Law College, Mumbai
Dhruvil Singh Rathod, Gujarat National Law University
Page: 893-899
Although the Indian constitution lays down many regulations to safeguard the privacy and freedom of its citizens, there are still some areas which require the intervention of the government to basically ensure that the interests of the parties are preserved. Esports and games ' underlying technologies are some recent trends that pose concerns like anti-trust, corruption, privacy rights, etc.
Anandha Kumar V, Guest Lecturer, Tamil Nadu Dr. Ambedkar Law University
Priyadharshini D, Final Year LL.B (Hons.), School Of Excellence In Law, The Tamil Nadu Dr. Ambedkar Law University
Page: 894-912
As technology has become part of our life, all essential hereditary data may be accessible to everyone through numerous sources, utilizing them there is a chance of discrimination in insurance and employment. The fear of disclosure of genetic information to insurers or employers will force the insured to avoid gene testing which necessary for medical purposes.
Jasbir Singh Malik, Advocate Supreme Court of India (Former. Additional Advocate General State of Rajasthan)
Page: 913-920
India is fighting its battle against the coronavirus since last year and the battle is still on. It looks as if nothing has changed, although the cases of coronavirus decreased to around 14000 a few months back. But the scenario is at its worst in the second wave of Covid 19. People are begging for help amid a shortage of oxygen and the unavailability of beds in the hospital.
Pallavi Ishpujani, Amity Law School, Noida
Page: 921-933
Speaking about religion and gender equality typically implies speaking about conflict, regardless of whatever faith or section of the globe you look at. In this struggle, culture, tradition and freedom of religion are underlined, while the other side underlines the right to equality between men and women. One of the areas of special visibility in this struggle is the Indian "personal law system," according to which a person is ruled by the family law of his or her religious group.
Raghvendra Bajpai, Institute of Law, Nirma University
Page: 934-941
Law is something that we all know spreads to every other corner in the world and is one of the largest grossing markets in the world. With its slow pace and sluggish behaviour, it becomes difficult for it to adopt new tools and technologies. Even after the rigidity it possesses it is highly likely for it to change in the near future with the interference of Artificial Intelligence which will drastically cause a metamorphosis in the practice of law.
Sanika Kulkarni, Tamil Nadu National Law University
Page: 942-957
Institutional investors mean a large group or organization that invests money in the capital market and acts on behalf of its members or clients. The world bank in its report has mentioned that, “institutional investors are defined as entities that pool money from various sources to invest in different asset classes, with the intent of generating profitable returns on their investment. Institutions or funds that are primarily in the business of making financial investments, but are implementing projects through specially formed subsidiaries on an exceptional basis, are also considered institutional investors.
Ramya. S. R, Tamilnadu Dr. Ambedkar Law University, School Of Excellence In Law, Chennai
Page: 958-1003
The research paper focuses on the taxing of the five petroleum products not included under the regime of GST, viz., the petroleum crude, motor spirit (petrol), high speed diesel, aviation turbine fuel and natural gas. The paper talks about the existing taxation structure of these that consists of the excise duty levied by the Centre and the Value Added Tax (VAT) levied by the states on these products. The analysis starts with how petroleum came to be priced and the taxing system followed currently and the proposed inclusion into the GST system of taxation.
S. Rohith, ICFAI Law School, Hyderabad
Page: 1004-1012
Privacy as a right is not enumerated as a fundamental right in the Indian constitution but is often held as an inherent right under the Article 21 the right to life. Privacy as a right has many dimensions. This cryptography can be said to be one such new dimension to the right of privacy with emergence of the electronic communications. The main aim of the article has been to state and explain lucidly the practice of cryptography and its legal regime in India.
Partheeswaran. P, Tamil Nadu National Law University
Page: 1013-1023
In 1922 The most important person of the Indian Independence Movement, Gandhiji was prosecuted for sedition under the Section 124A of the Indian Penal Code When he appeared, in British court of Ahmedabad. Gandhi described Sec 124-A of IPC as “the prince among the all other civil laws of the Indian Penal Code framed to subdue the freedom of the citizen”1 and also said during the trial proceeding said that “Affection (towards the country) can’t be manufactured or regulated by law”
Partheeswaran. P, Tamil Nadu National Law University
Page: 1024-1038
The innovation industries are rapidly going global. In five years, more than 50% of venture capital returns will come from markets outside the United States, including China, India, Brazil, and Australia, and Always. On events are on top of these trends” - Jim Breye (Founder and CEO of Breyer Capital) In 1984 a student named Michael Dell from the University of Texas, dropped out from the college to do a business related to computer product and services with the receiving a capital worth $ 1000 from his family but in very first year of the business the gross profit was $ 73 million
Sanjana Srivastava, Amity Law School, Noida
Page: 1039-1051
Sustainable development is today's most pressing global problem, arising from a primal survival instinct. The three-Rs strategies (Reduce, Reuse, and Recycle) are the first and most essential. In terms of energy use, urban areas contribute since they are made up of many individual buildings where people work and collaborate in – even with – waste production. This is where architecture and urban design would have to provide strategies to individuals to be capable of living environmentally sustainable.
Taniya Mahajan, The NorthCap University
Page: 1040-1064
Intersectionality can be termed as the association of different social categories such as gender, caste, creed, sexuality and class that may apply to an individual or a group such shall be overlapping to other forms of discrimination. The topic intersectionality has a wider meaning and through this article we shall learn about the discriminations that are faced by minorities and marginal people all around the world. My approach in this article would be to view discrimination through the lens of intersectionality and respond to caste-based discrimination, sexuality-based discrimination, and most importantly gender-based discrimination.
Aasia Hassan, Indian Law Institute, New Delhi
Page: 1065-1084
With the coming into existence of television, cable networks, internet and social media, the publicity of offences has reached alarming proportions. This may result in innocents being condemned for no reason or the accused persons may not get the right to fair trial. Where the constitution guarantees the freedom of press, the right to fair trial or the right to life of an accused person cannot be compromised. Media is regarded as the “eyes and ears of the general public”.
Bipul Kumar, Chanakya National Law University (CNLU), Patna
Page: 1085-1088
The story of Hathras shocked us so much because it has become a mirror. we saw the specks of democracy in India, and the sight was frightening. The basic duty of public officials is to protect the people, not the government. They do not understand their responsibilities, because the administrative services and police training have not changed since the British era. The British idea is to protect the responsibilities of government administration and law enforcement personnel.
Nishant Aryaman, Chanakya National Law University, Patna
Page: 1089-1100
Every country’s foundation is based on three pillars (stambh); legislative, executive and judiciary. Judiciary holds a more godly position in the mentioned three pillars as the Judiciary regulates the laws and brings justice to the citizens. Judiciary has a great arena under which many important matters are taken care of related to Justice. One of the most important things is ‘Public Interest Litigation’. There isn’t any particular definition of Public Interest Litigation but defined and interpreted by the judges.
Shriraj Dusane, National Law University, Nagpur
Page: 1101-1107
To conduct more free and fair elections, we need independent and powerful election commission, more specific laws and efficient enforcement of these laws by various government bodies. Yet, no election system can ever be perfect. Electoral reforms are changes in electoral systems for efficient transformation of public desires into election results and make the system better. Any democratic society has to keep searching for mechanisms to make more free and fair elections.
Priyanshi Singh, Law School, Banaras Hindu University
Page: 1108-1117
The plight of the Covid Orphans is explicable and possibly after witnessing such ghastly scenes, the country’s memory will have to carry an indelible mark. The figures of these cases see augmentation every day. But this excruciating pain can be aggravated by unchecked social media posts. They expose the children to threats of human trafficking due to the trending direct adoption pleas.
Sarthak Gupta, Centre for Legal Studies, Gitarattan International Business School
Page: 1118-1126
This research paper focuses on such judgements and what was a result of it on society and what could be the possible reason to passing of such arbitrary judgements and the question in this paper arises is that of why is the judiciary of the country with such an elaborative constitution failing to stand to its expectation.
Harsh Jadon, Lloyd Law College
Page: 1127-1138
The regulation of hate speech has proven to be a challenging endeavour and in recent times, we have witnessed a spike in cases of hate speech. The anti-hate speech law is contested because of its confrontation with the freedom of speech and expression of an individual. In practice, the law is always treading the treacherously thin line between regulation and complete restriction which makes necessary to have an identifying criteria of hate speech.
Roumita Dey, Jogesh Chandra Chaudhuri Law College, Affiliated to the University of Calcutta (India), Batch of 2015
Page: 1139-1151
Amid second wave of Covid-19 surge, capital markets regulator Securities Exchange Board of India (“SEBI”) vide notification dated May 5, 20211 brought in major amendments to the SEBI (Alternate Investment Funds) Regulations, 2012 (“AIF Regulations/Principal AIF Regulations”) aimed at providing regulatory flexibility, improving clarity and accountability with respect to alternate investment funds (“AIFs”) and their functioning via the SEBI (Alternate Investment Funds) (Second Amendment) Regulations, 2021 (“ said Amendment”).
P Narumugai, LLM, Tamil Nadu National Law University
Page: 1152-1165
The UDHR together with the ICCPR and its two optional protocols and the ICESCR, constitute the International Bill of Human Rights. The ICCPR and the ICESCR are regarded as the bearers of core human rights which emanate from the very body of a living person. Through the current research, the researcher has tried to jot down the various rights that emanate out of the ICCPR and ICESCR and the extent to which they have been incorporated into various constitutions. Special reference in this regard is placed to the Indian (Monist Nation) and US (Dualist Nation) Constitutions.
Vartika Misra, Advocate
Page: 1166-1178
This research paper seeks to delve into the concept of Special Economic Zones (SEZ) as recognised under The Special Economic Zones Act, 2005, and attempts to look at the prevailing condition of SEZs to arrive at a conclusion whether it's model as adopted by India, will be successful in our domestic environment. No matter how good the concept of SEZ might appear prima facie, it is rightly said by Sir Winston Churchill, ' However beautiful the strategy, you should occasionally look at the results.
Trilok Choudhary, Gujarat National Law University
Page: 1179-1196
The word company is derived from a Latin term ‘Com’ which means together and ‘Panis’ which means bread and was originally referred to as association of persons who took their meals together. The concept of a company or a corporate firm was first bought in Britain in the form of large, incorporated partnership. However, these undertakings were not so successful because of separation of ownership and management between different trustees and also absence of any laws to govern them led to formation of many spurious firms to exploit public money.
Anushka, Central University of South Bihar & Mayank Chauhan, National Institute of Securities Market, Maharashtra National Law University.
Page: 1197-1213
Human Rights violation is a very sensitive matter because its encroachment is against the order of nature. Also, it cannot be denied that it is happening since the time unknown. The paper discusses domestic penal laws for crime of Rape with respect to LGBTQ victims. The main concern of the paper is against the notion that “it is only women who can be raped” and hence, paper further pleads to safeguard the Human Rights of the LGBTQ community by inclusion of gender-neutral laws. “A crime is crime, no matter who the sufferer is” is the gist of the paper. Here, the attention is drawn towards the violation of Human Rights of LGBTQ community.
Aadya Dipti, Banasthali Vidyapith, Rajasthan
Page: 1214-1218
Cyber stalking is a new type of crime emerging in this technological world. Technologies are discovered for the benefit of the people and to make people’s life easier. Today there are millions of users of internet and technological devices. While these mediums are making our life easy on other hand it is creating problems and new types of crimes. In cyber stalking one person is being targeted and followed through online medium, violating his/her privacy. Cyber stalker usually target women and harass them. They use internet, e-mail and other electronic devices to stalk their target.
Parisa Praneetha, Symbiosis Law School, Hyderabad
Page: 1219-1229
The first Law Commission of India, in its 14th report discussed about the reforms in the administration of justice and sent its recommendations to the Ministry of Law on 26th September, 1958. The chairman of the law commission, Shri M.C. Setalvad did a stupendous job in conducting the research and putting up this report that consists of 2 bulky volumes of 1282 pages in total. The commission published a questionnaire comprising of 193 questions and studied the present judicial system with the help of 500 witnesses to provide suitable recommendations and comments.
Vaibhav Gwalani, SVKM’s NMIMS’ Kirit P. Mehta School of Law
Page: 1230-1240
The concept of Marriage is considered to be a sacrament relationship in India, i.e. a holy relationship of the purest form, and as such it is heavily frowned upon to have any kind of talks about divorce in the country when it comes to such relationships. Divorce is a concept that comes post wedding; however, there is another concept that talks about it prior to the wedding, it is one of a prenuptial agreement. A prenuptial agreement (hereinafter referred to as a prenup) is a legal document signed by two consenting adults before they get married. The agreement entails provisions as to what will happen to their possessions and/or children if they divorce.
Arika Gupta, SVKM’s NMIMS Kirit P. Mehta School of Law, Mumbai
Page: 1241-1259
There has been a significant increase in Mutual Fund investment over the past years. These investment options give investors the ability to make investments in different financial instruments with the use of the skills and experience of qualified investment managers. The biggest advantage of such investment instruments is that when compared with other conventional forms of investment, such as FDs, Mutual Funds yield higher returns. The way a Mutual Fund raises profits for the investors is by collecting the raised capital from all the investors, and as per the advice of the investment managers, investing the sum in a portfolio that is balanced which contains either debt securities or equity instruments or both.
Valluri Parthasarthi, ICFAI University
Page: 1260-1271
One of the concerns in international humanitarian law is that of the classification of Cyber conflict, Classification of conflict is the first step in international humanitarian law as the identification determines legal subjects which are to be applied to it. It is essential to determine the character of the Cyber conflict, whether international or Non-international in nature. But prior to the inception of Geneva convention, Lassa Oppenheim’s definition of war was well accepted, which stated, “war is a contention between two or more States , through their armed forces, for the purpose of overpowering each other an imposing such conditions of peace as the victor pleases to be”.
Varnika Taya, Hidayatullah National Law University, Raipur
Page: 1272-1285
The concept of law and obedience are often deemed intricately linked, where it is perceived that the latter follows the former. However, there exist deeper dimensions to this seemingly simple understanding. It is seen that the study of law, conducted over the course of time, enables the legal scholars to consider the aspect of obedience so associated with law from different lens. Basis their views, the scholars on this point are broadly categorized under two headings, ones that advocate for obedience of law basis the obligation and the others that oppose the existence of any such obligation contending that society is the pre-requisite for existence of law and not vice-versa.
Aditi Behura, National Law University, Delhi
Page: 1286-1296
Multiple Bills seeking to protect the rights of transgender individuals have been introduced since the judgment was passed in the case NALSA v. Union of India. However, these Bills, including the Transgender Persons (Protection of Rights) Act, 2019, which has been passed by the Lok Sabha, have failed to incorporate many progressive provisions laid down in this judgment. Amongst other issues, the 2019 Act has failed to acknowledge the right of a transgender individual to self-identification of gender, and has provided a discriminatorily lenient punishment for the sexual abuse of a transgender individual in comparison to that of a cis-gendered woman as provided by Section 376 of the Indian Penal Code.
Aditi Shreenivas Prabhune, Symbiosis Law School, Pune
Page: 1297-1311
Indian Judiciary is an important organ of the government, it is also important that the people should trust them it can only happen if there is proper accountability and transparency in the system such that the judiciary should not get corrupted and should also not work under the influence of other wings of government. They should aim at following the doctrine of Rule of Law, where the Constitution is the main rule for the country and no one is above it.
Abhijeet Sidh, Lloyd Law College, Noida
Shubham Sharma, Lloyd Law College, Noida
Page: 1312-1317
On 9 July 2014, the state of Maharashtra promulgated a law that provided a 16% reservation for education and public employment in the Maratha community. On November 14, 2014, the Bombay High Court issued an interim order to enforce the law. The interim decision was overturned by the High Court on December 18, 2014. Subsequently, Maharashtra enacted the Socially and Educationally Backward Classes Act, 2014. This provided a 16% reservation for retrospective academic and social classes, where the Maratha community was counted.
Viveka Kumar, School of Law, Humanities And Social Science, Rastriya Raksha University
Page: 1318-1322
On the night of 26 November 2008, a band of 10 well-armed terrorists, who had set out by boat from Karachi in Pakistan, launched an onslaught on India’s commercial capital, Mumbai, slaughtering 166 people and holding the city in fear and thrall for three days.1 Those killed in Mumbai included 25 foreign nationals, which immediately made the attacks more than a bilateral India-Pakistan issue. The main targets of the terrorists, who were organized in five two-man teams, were two luxury hotels, the Taj Mahal and the Oberoi-Trident;
Prateek, Hidayatullah National Law University Raipur
Page: 1323-1328
There are certain theories aroused which is not anything else than practices prevalent in countries. The certain theories is although reflection of practices but have been proved to be futile to conclude the hulk fight of hegemony between International law and Municipal Law. India constitution have been reflection of image to a great extent of British practice due to pre Independence influence. However Constitution had been lighthouse to guide the path of significance of international law with regard to municipal law. the position of India with regard to existing of international customary law is that it should not be inconsistent with municipal law as decided by Parliament.
Aamer Bakrolwala, Institute of Law, Nirma University
Page: 1329-1334
This article aims to explain the history of Victim Rights as a concept, how it evolved as a concept? , to shed some light upon the legislative remedies provided within the Indian legal framework and the development in current times owing to precedents, and the actual status of Victims Rights in current times.
Nikhil Meena, Rajiv Gandhi National University of Law
Page: 1335-1337
Information sent to the brain, from eyes by seeing, from ears by hearing, from skin by touching, from nose by smelling help in reasoning the decision of action. Similar is the concept of witness and as stated by a great English philosopher and jurist know as Jeremy Bentham that “Witnesses are the eyes and ears of justice”. Recently, the Supreme Court emphasized Witnesses that are the most important persons that pave the way for essential outcomes of the proceeding in a case by giving information perceived through senses, as mentioned before. Several judgments in criminal proceedings are solely based on the evidence given by an important eyewitness alone.
Toshbant Raj, Central University Of South Bihar, Gaya
Page: 1338-1355
Nowadays consumers are called the king of the market but suffer from a lot of unwanted things like misleading advertisements, cheap goods, unsatisfactory services etc. As a result to protect the basic rights of consumers The Government of India has taken developmental measures in the form of the enactment of various laws and other means to define inform and assist consumers.
Neetishri Sharma, Assistant Professor, Amity Law School, Amity University (Noida Campus)
Page: 1356-1368
Human excreta from dry latrines and sewers is manually cleaned, carried, disposed of, or handled in any way. Manual scavenging is tied to India's caste system, where the so-called lower castes were expected to do the work. India is still fighting to stop this demeaning practise after 73 years of freedom. The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act was passed in 2013, and it emphasises the prohibition of manual scavenging in all forms, as well as the rehabilitation of manual scavengers identified through a mandated survey.
Priyanka Priyadarshini Nayak, National Law University of Odisha
Page: 1369-1378
The article aims to acutely evaluate the current India-China boundary dispute issue and its essence. This ongoing debate is basically on the issues based on the future possibility and the prime challenges encountered by bilateral connections. The India-China relationship has seen more disharmony, suspicion, and distrust from the last six decades than friendly and harmonic relations. Such misgivings increased over the years because of doubtful ideas or discussions regarding the Line of Actual Control (LAC). The challenges have constantly expanded the gap between both parties, which becomes difficult to reach a common understanding of some reasonable concerns along with the Sino-India border matter.
Jagnnath Prasad, Amity University Patna
Page: 1379-1384
Rights and Duties are interconnected and without duties, there is no meaning of rights. While studying the holy books we found about what is our rights and duties and if there are rights then there are emotions also. When any person is given a right they know then for using these rights we have to do some duties so they found emotion in the rights because they give a free way to sustain in life.
Shreeya Agrawal, NMIMS’s Kirit P. Mehta School of Law, Mumbai.
Page: 1385-1397
Extradition is the surrender of a person accused or convicted of an offence within the jurisdiction of the requesting nation, by one nation to another. The matter of extradition has huge significance in international law and relations. Extradition treaties and conventions form the most engaging part of international engagements between countries. It also forms a very important part of criminal justice system and is considered an act of good faith in terms of surrendering of an accused or convict by a country to the requesting country, wherein the offence is committed in the territory of the latter State.
Ritwik Mehta, Thapar Institute of Engineering and Technology
Page: 1398-1406
The word ‘transgender’ still leaves chaos in the minds of Indians as our society has always recognized only two genders - male or female. If you ask anyone on the street about who a transgender is, they might laugh and say the local words like ‘hijras’ etc. But in reality, no one actually knows who a transgender is? They are like us, our classmates, our co-workers, our neighbours and our friends! Transgender people are people who earlier recogmize themselves as of one gender but later on identify themselves as of other gender.
Mili Gupta, Institute of law, Nirma University
Gyanendra Prasad, Institute of law, Nirma University
Page: 1407-1416
The implementation of the Aadhaar Act, 2016, and the Privacy verdict in August 2017 were two of the utmost prominent statutory and legal revolutionary points in Aadhaar history. This paper critically inspects the legitimate framework comprising of the Aadhaar Act, 2016 from the viewpoint of “Delegation”. The paper finds that much is assigned to the Unique Identification Authority of India ('UIDAI') without sufficient checks and balances. The UIDAI thus retains exceptional control over the lives of holders of Aadhaar number, without appropriate processes of transparency.
Ms. Suma Suresh Kogilgeri, Assistant Professor, Shri Dharmasthala Manjunatheshwara Law College, Centre for Post Graduate Studies and Research in Law, Mangaluru
Page: 1417-1425
One of the most valuable right given to the accused during the trial is, right to hear him after the completion of prosecution evidence. Section 313 of Criminal Procedure Code prescribes the procedural safeguard for an accused who is facing the trial. No doubt, right to fair trial is implicit in Article 21 of the Constitution of India. Hence, section 313 imposes an obligation on the part of the Court to question the accused with respect to incriminating circumstances against him in the prosecution evidence and record his statement to that effect. Ironically, it is taken up lightly or considered as mere formality at the trial courts. Recently, in Satbir Singh and another v. State of Haryana Hon’ble Supreme Court expressed concern over the way section 313 is treated by the trial courts.
Sandeep Khakase, Symbiosis Law School, Pune
Nayan Varma, Symbiosis Law School, Pune
Madhul Tungare, Symbiosis Law School, Pune
Page: 1426-1457
The authoritarianism and power vacuum displayed by a hegemon is almost tantalising but could easily be replaced by a negative connotation. The USA finds itself in one such predicament, a hegemony: a dominant position, exhibiting powerful preponderant influence and having the capability of sheer supremacy and leadership. In a common sensical manner, hegemony is a relational and transformative concept, evolving at a continuous pace, leaving a chaotic situation behind, on whether it will ascend further, or whether it will succeed to multipolarity or unipolarity, or whether there will be a genesis of anarchy or lastly cede into becoming an idealistic picture-perfect globe wherein all dominions are at par with the backbone of equality strengthening the relationships between them.
Anoushka Dey, Amity Law School, Amity University, Noida
Page: 1458-1475
In this era of globalisation, privatization and liberalization, the global economy always seems to be booming. Increased industrial production and effective supply chains have drastically increased business and trade all over the world. People everywhere are entering into contracts for various purposes. These contracts provide for the ideal business transactions. They specify terms and conditions according to which both parties are obliged to perform and have legal consequences in case of breach of contract. Nobody wants to tarnish their business reputation and hence, maintain firm due diligence to fulfill their contractual obligations. But execution of such contracts is not always plain sailing. Such contractual obligations may get hindered due to several unseen circumstances beyond the control of the parties.
Siani J A, Advocate at Madras High Court (Madurai Bench), Madurai, TN, India
Page: 1476-1483
Violence against women and children are prevailing worldwide. Historically it has been overlooked and condoned. There were no laws that existed in relation to prevention, prohibition and protection against sexual offences in earlier period. The leading judgment pronounced in Visaka’s case gave a radical change and pressurized the government to enforce the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. None of the Indian laws gives protection to male against the sexual offences. There is no specific codified law for the protection, prohibition, prevention against sexual harassment in India. On the other hand, in Jammu and Kashmir there is a specific codified legislation called Jammu and Kashmir Protection of Children from Sexual Violence Act, 2018. But, with the revocation of Article 370 in August 2019, the Jammu and Kashmir POCSO Act was repealed and replaced by the POCSO (Amendment) Act, 2019.
Lalit Anjana, B.com (D.U), LL.B (D.U), LLM (NALSAR)
Page: 1484-1493
Community service helps in the reformation of the offender and it is beneficial for society. The concept of community service is not present in the Indian penal code because IPC was enacted in 1860 and at that time there was no such thing as community service in India. But with the change in time, circumstances, and society in which we live there is a dire need for the inclusion of community service as an alternative form of punishment. The need of the hour is the proper legal framework to monitor and implement community service as an alternative form of punishment.
Aditi Maurya, ICFAI University, Dehradun
Page: 1494-1500
ADR more precisely Alternative Dispute Resolution in the need of this fast growing world people start giving more value to money than time. So, they have founded a new and efficient way to resolve their most of disputed among them that is Alternative dispute resolution. The outcomes of this method will excluded by mutual understanding and mutual agreement which is acceptable by both the parties in lesser time. In this short article, we will discuss about all the aspects of ADR more importantly types and importance of ADR. The mechanism of is not that typical as court’s proceedings. It also values the privacy of parties that’s why ADR proceedings conducted in private camber or where both the parties feel suitable. We have also discuss the inappropriate aspect of ADR because still lot of people are not aware about other than court’s proceeding, hence, this method is not developed to deal with all type of cases.
Devank Kumar Singh, Jindal Global Law School, Sonipat
Page: 1501-1510
John McCarthy coined the term Artificial Intelligence AI in 1956, which he defined as the science and engineering of making intelligent machines. 1 However, Alan Turing is worldwide accepted as the father of AI and known for his code breaking computer during World War II. Turing test is the ability of the machines to respond in a way which is indistinguishable from human responses. 2 In other words, it needs to have human level of intelligence as bare minimum to be considered an AI. Perhaps, who could have thought the introduction of Turin test in 1950, would lead to creation of Sophia in 2016, a humanoid robot by Hanson robotics. Considering the past, one can safely assume that, Technological Singularity i.e. the rate at which technology is evolving, at present, no one would have a clue or could predict the pace of its development.
Narayani Sepaha, Vivekananda Institute of Professional Studies, GGSIPU, New Delhi
Page: 1511-1521
What are the possibilities of criminal law being a social control tool in today's society? No adequate response to this dilemma can exist until we have looked into the complex links that exist between the concept of morality and criminal statute prohibitions. Roscoe Pound has long argued that customs and public opinion strongly impact the law in action. However, in our haste to condemn the faults of law enforcement authorities, his theory often gets overshadowed. The researcher, through this paper, focuses on the role played by moral thinking in influencing Criminal Law and its agencies. This study is non-doctrinal legal research. It does not intend to be a comprehensive philosophy of criminal law. Instead, it seeks to associate certain moral principles and notions of jurisprudence that can justify the link between morality and criminal law.
Neeraj Bidhuri, Galgotias University & Ashutosh Kulshrestha, Agra College
Page: 1522-1532
The economic, social, and cultural growth of humankind depends on its capability to invent or create new ways of doing things. From discovering fire in Stone Age to planning a city on mars, innovation played significant role in the advancement and development of human civilization. Some innovations and Creations of mind refers as intellectual property. Intellectual property is the category of property that involves intangible creations of human mind. The most common and well-known intellectual property are copyright, Patent, and trademark. To promote and encourage inventions, law provides some legal rights to the inventors and creators for a limited period, such rights are called Intellectual property rights.
B. Sandhiyadevi, Assistant Professor of Law, Saveetha School of Law, Saveetha University, SIMATS
Page: 1533-1547
For a dispute to be resolved, a case has to go through the three stages i.e. inquiry, investigation and trial and after this process is completed the judgement of the court is passed by the judge who decides the case and its outcome. Although the said process appears simple and plain on paper but in practicality is cumbersome and time consuming which is defeating the main essence of a criminal system i.e. fair and expeditious justice and hence warrants a change now. Investigation is a preliminary stage conducted by the police. In this stage the police officers, in order to extract the truth and ascertain the true criminal, use violent and third degree methods against the suspect. In this paper the author seeks to find out the use and application of Lie detection techniques in criminal investigations.
Kaanchi Nimesh Faria, SVKM’s NMIMS Kirit P. Mehta School of Law, Mumbai
Page: 1548-1568
It is a shame that being a transgender was considered a physical and mental disorder when it is a social disorder faced by other people and not transgenders. Because of this social disorder, people exclude transgenders from the society which results in them being neglected of shelter, education, employment, thus, resulting in an inadequate and meagre livelihood. The physical and psychological effects of the same are also severe like Post-Traumatic Stress Disorder, anxiety, depression, low self-esteem, suicidal thoughts, etc. which just worsen in the long run. They are not even protected by the Government or the provisions of the Constitution and are forced to lead an immoral and illegal life resorting to begging and sex work for sustenance. It is dejectful that in the 21st century, even after so many years of independence, basic human rights are still not available to transgenders.
Tanvi Sinha, Jindal Global Law School
Page: 1569-1587
The legal system has been reluctant to amend the Marital Rape exception under Section 375 of the Indian Penal Code. As a result, multiple discussions of amending it initiated by Judges and NGOs have been ignored or outright dismissed. Popular discussions from perspectives opposing striking off the exception have shown disregard for women’s capacity to enjoy sex. Other talks on the subject have stated that criminalizing Rape inside a marriage can destroy the Sanctity of Marriages. The paper aims to discuss the marital rape exception in the IPC by analyzing these two reasons to understand what both these structures mean for marital Rape from the perspective of the people in power. With all existing powers portraying themselves as paragons of justice for women, it is important to ask why a woman-forward system still denies the existence of rape and sexual assault inside of marriages.
A. Harsha, Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law
S.Rahul Aaditya, Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law
Page: 1588-1597
The Indian Constitution provides the right to life and personal liberty, custodial deaths are result of violation of these fundamental human rights. Prisons in India should provide fundamental human rights except those rights which are to be omitted as mandated by law. But it is not followed in Indian prisons. India is a member of United Nations but it has not still ratified the UN convention against torture. On an average 5 custodial deaths take place in India daily which is very high. The lack of proper laws in preventing these crimes is the main reason behind this issue. Tough anti torture bill was recommended by the law commission still it has not been passed as an Act. Some legal provisions and Supreme Court judgements provide guidelines regarding this issue from time to time. National Human Rights Commission also provides certain guidelines in case of custodial deaths.
Debasrita Choudhury, KLE Society’s Law College, Bangalore
Page: 1598-1603
The Nazi Courts of second world war Germany that carried out numerous atrocities with State sponsored legal sanctions, a boy illustrated in the masterpiece of Hugo Grotius who suffered rigorous punishments for stealing a loaf of bread to feed a family of eight in extreme poverty, initial reports that claimed homosexual acts of consenting individuals not a crime – at a glance, these instances may seem far from similar. However, they share a common characteristic, all of these occurrences show a turning point between the interrelation of law and morality. They give rise to moral dilemmas, and questions the existing legislatures. Some jurists like Fuller, Dworkin have opined that law and morality are deeply connected, whereas jurists like HLA Hart disagree saying there is no rational or logical connection between them. Is there really a place for morality in rule of law? This essay attempts to answer these questions from the viewpoint of the author.
Deepika M, School Of Excellence In Law, The Tamil Nadu Dr. Ambedkar Law University
Page: 1604-1618
Farmers in India are mostly exposed to large agriculture risks due to various natural disasters which affect their lives. One of the most effective mechanisms to eradicate agricultural risks is to have a proper insurance system in order to support the financial needs of the farmers . In recent years, Indebtedness, crop failures, non remunerative prices and poor returns and also flaws in crop insurance schemes have led to agricultural distress in many parts of the country. Though there was many Crop insurance schemes with suitable changes were brought forward over the years, still there is vaccum in fulfilling the needs of farmers, it may be delay in assessment, claim payment, less coverage or high premiums. Therefore it is necessary to have a proper scheme with all requirements and effective implementation. The present paper examines an evolution of crop insurance in India and the professional views on the social, ethical and legal issues on crop insurance schemes in India.
S. Ashok Kumar, Assistant Professor (Law), Dr. Ambedkar Government Law College
Page: 1619-1624
From the times of Monarchy till now the emergence of Democracy, the existence of the role of administrative authorities and their delegated powers in taking decisions is undeniable. The Decision-making power of the authorities was uncontrolled and unquestioned most in history because of the trust and closeness they preserved with the Monarch. Even though Monarchs are placed above all in the administrative hierarchy, in the reality of several kingdoms, the feudal lords, ministers and autocrats have their dominance in administrative decisions. After the emergence of Democratic and Communalist Ideologies, even though the mode of electing representatives and mode of administration has changed, the role of bureaucrats still has its dominance in the administrative sphere of Government. Supremacy in this Article refers to the dominative authority in any given power or the exercise of powers in governmental duties and administration.
S. Nivedha, School of Excellence In Law, Tamilnadu Dr. Ambedkar Law University
Page: 1625-1640
Over the last few years, the significance of intangible assets and the demand for its innovation have just expanded and has got a solid base for the monetary development of the countries. The importance of Intellectual Property continues to develop in the global economy, driven by the network impact of emerging technology and modern business models that are spreading creativity worldwide — apparently overnight. It's no wonder there's a race to IP dominance.
Dhruv Dev Gupta, Symbiosis Law School, Hyderabad
Shivansh Bhatt, Symbiosis Law School, Hyderabad
Page: 1641-1655
The article is summary of a legal debate which is going between a wife’s right to work and her marital duty to live her matrimonial home. As we know that marriage is bond between two parties and its necessary implication is that both the parties live marital cohabitation. The basic meaning of restitution of conjugal rights is that either of the spouse can use his/her right to restore his/her living with each other by the order or decree of the court of law. In today’s world the has been a lot of debate on this topic and there are a lot of women who are working and actually doing very well, then why shouldn’t the wife be allowed to work. In most of the conservative families it is seen that it is always the responsibility of the husband to work and the wife should look after the children.
Rashmi Tiwari, New Law College, Bharati Vidyapeeth Deemed University, Pune
Page: 1656-1660
Anxiety, fear, stress, panic, aggressions are normal responses when we are put in an uncertain event. At this time of pandemic each individual throughout the world is being informed about the physical consequences of CORONAVIRUS infection (sars cov 2) however the impact of corona virus on ones mental health has not been taken into much of a consideration. Along with the covid-19 pandemic the economic recession has pushed many people out of job exposing them to experience situations like isolation, depression, low self esteem, panic attacks, suicidal thoughts, increase in alcohol consumption and substance abuse. Throughout the world people can be seen helpless, dying, crying, fighting, and grieving. The grief does not seem to end.
Rajat Upadhyay, ISBR Law College Bangalore
Page: 1661-1668
Judicial interpretation is enriched in our constitution, its one of the most diverse and sought after power to interpret provisions enshrined. This ultimate power is vested upon Judiciary to take hold of situations pertaining interpretation of legal provisions and the one taking such incharge is holder of decision in that arm of judiciary, that is Judge. Ever since we became free one of our task was to ensure justice is served but under consideration of power if decision may pertain, it can certainly lead to obstruction in diplomacy and judgement being served, so its important to have appointment of one in power to be impartial, fair, selective, and independent. Judiciary has always been in question sometimes it has been issue of appointment, exit, judgment, and sometimes just for argument they conceive and results they deceive.
Vanshika Goyal, University of Petroleum and Energy Studies
Page: 1669-1684
As technology is growing, new methods of payments are arising which now includes the method of Unified Payment Interface [UPI] which was introduced by National Payment Corporation of India. UPI is a phone centric payment’s bank through which digital payments are done, being easy and efficient method, it is gaining good popularity in India but as everything comes with certain drawbacks, UPI also has some ineffective features. The paper is concerned with the study about scams that are done through the UPI mode. The paper answers the questions like what are the kinds of scams that are done by people through UPI. The paper researches in the topics of protocol for UPI and the effectiveness or ineffectiveness of such protocols.
Harshita Kushwah, National Academy of Legal Studies and Research, Hyderabad
Page: 1685-1702
Mahatma Gandhi once pointed out, “Woman is the companion of man, gifted with equal mental capacities. She has the right to participate in the minutest details in the activities of man, and she has an equal right of freedom and liberty with him. She is entitled to a supreme place in her own sphere of activity as man is in his. This ought to be the natural condition of things and not as a result only of learning to read and write. By sheer force of a vicious custom, even the most ignorant and worthless men have been enjoying a superiority over woman which they do not deserve and ought not to have. Many of our movements stop half way because of the condition of our women.”
M.P. Rannika, School of Legal Studies, Reva University
Page: 1703-1709
India is a developing nation, Although its economy is growing poverty is still a challenge, such a challenge shouldn’t deprive the persons rights, since our country believes in constitutional supremacy to fulfil the promise made in the preamble to secure all the citizen their Justice which shall be social economical and political, article 39 A has been added into the Indian Constitution to provide free legal aid to the poor and weaker section of society and pomote justice on the basis of equal opportunities Articles 14 and 22(1) of the Constitution also make it obligatory for the State to ensure equality before law (National Legal service authority ) NALSA The National Legal Services Authority has been Constituted under the Legal Services Authorities Act 1987 to Provide free legal aid to the weaker section of society.
Ms. Hepitha Priscilla.P, Alliance School of Law, Alliance University, Bangalore
Mr.Arun Kumar.S., School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai
Page: 1710-1724
The issue of repealing the Contract Labour (Regulation and Abolition) Act, 1970 and enforcing the provisions in The Occupational Safety, Health and Working Condition Code, 2020 is now high on the labour law reform agenda of the Government and so is the debate on this topic. Both the reformists as well as the protectionists demand for changes in the law and policy relating to contract labour. The researcher has studied extensive literature to know the pros and cons of the research problem. Though the existing literature explores various aspects of the research problem, yet slight gaps exist. Most of the studies are based on doctrinal research.
Krupa Vishwadhar Naik, Lawyer
Page: 1725-1734
This paper examines the liability for the nuclear accidents and the damages caused, through several international and Indian Legal regime, emphasising on the three major catastrophic nuclear accidents the world has experienced followed by suggestions and conclusion. “Power generation with the traditional means, through hydro, thermal electric project, coal etc. are not effective substitution to the power generation through nuclear plant Energy tariff is also increasing; nuclear power in the long run will be cheaper than other forms of energy. Supreme Court of India.
Shivani Karmakar, Amity Law School, Delhi, GGSIPU
Shivani Panda, Amity Law School, Delhi, GGSIPU
Page: 1735-1749
The boundaries of entertainment have pushed all known envelops to expand into terrains hitherto less, if not completely unexplored. The rise of social media platforms, such as YouTube, Instagram, and TikTok have substantially transformed the definition of what it means to be an artist and have engaged with their work an unprecedented community of consumers of content. Most importantly, with the emergence of a steadily increasing number of children who have taken to the industry, be it via television, films, or digital media, as a means of monetary pursuit, the question that needs to be raised and demands to be answered is, has law been able to keep pace with these developments?
Sanya Minhas, Symbiosis Law School, Pune (Symbiosis International Deemed University)
Page: 1750-1756
An ostensible owner is an apparent owner, meaning, that while an ostensible owner is not the actual or the real owner of the property, he has authority over the property, and has all the powers of the actual owner. This means that an ostensible owner is also capable of transacting with the property even if he is not the actual owner. Section 41 of the Transfer of Property Act, 1882 governs such transfers by ostensible owners. The section exists to protect the innocent third parties transacting with the ostensible owner from transfers turning voidable upon discovery of the actual ownership and is based on the concept of justice, equity and good conscience, and the doctrine of estoppel.
Vaishali. T, Assistant Professor of Law, Saveetha School Of Law (SIMATS), Chennai
Page: 1757-1763
Death penalty a cruel and unreversible form of sentence once it is been executed. An order to take way one’s life is not play thing. India still retains the death penalty in the cases of serious crimes. Hon’ble supreme court has also strived its way to pronounce a principled guideline in sentencing and imposing death penalty against an offender. The application of court’s precedent on determining the aggravating and mitigating circumstances in the case on inflicting death penalty is also inconstantly applied by the judiciary. The principled guideline prescribed in Bachan singh case is inconstantly applied and imposing death penalty in rarest of rare case is also no more been a rare. The judiciary has also accepted per incuriam in certain cases as death penalty is imposed the convicts in erroneous.
Anvita Ranjan, Symbiosis Law School, Pune, Symbiosis International (Deemed) University
Page: 1764-1769
The Maternity Benefit Act, 1961 is the foremost legislation in our legal system which provides for the safeguards and aids duly required by women at, and around the time of their pregnancy. The Code on Social Security 2020, when it will be enacted, will subsume the Maternity Benefit Act and modify its features. However, it is important to assess the drawbacks and the problems faced by the original Act, to analyse them and implement some changes in the fresh legislation to ensure that the benefits provided for the betterment of women themselves, do not result in them being at a disadvantage.
Vivek V Rajan, Government Law College, Thiruvananthapuram
Page: 1770-1775
Indian Counter terrorism law has evolved from the Unlawful Activities Act, 1967 ( through the Terrorist and Disruptive Activities Act, 1987 ( to the Prevention of Terrorism Act, 2002 ( Section 15 of the UAPA defines a ‘terrorist act ’as “wh oever does any act with intent to threaten or likely to threaten the unity, integrity, security or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country Courts read these specific laws with various sections of the Indian Penal Code, 1860. In PUCL v. Union of India, the SC upheld the constitutional validity of POTA as not “offending Article 19(1)(a) and 19(1)(c) of the Constitution of India. In Kasab v. State of Maharashtra the SC approved the death sentence of the terrorist given “the death penalty remains on the statute book as punishment for certain offences, including waging war and murder.
Alankrita Shukla, Lawyer
Page: 1776-1781
Prostitution in India is the oldest profession. It anciently started with the ‘Devadasi’ system. It took the route of devotion. Earlier it was a prevalent practice among Hindus to contribute their female child to the temples for the purpose of dancing and worshipping Gods. With diminishing feudalism these so called Devadasi lost their protectors and were mishandled by the temple priests. This was the earliest form of prostitution in India. This practice further flourished in British era when these outsiders curbed the traditi
Khushi Agrawal, Symbiosis Law School, Noida
Page: 1782-1785
The R G Anand v. Deluxe case was a key verdict on copyright under the intellectual property rights issued by the Supreme Court of India. The lawsuit focuses on a copyright infringement in the field of cinematography. Infringement of copyright occurs when an original creative work is used or copied without the permission of the creator. This case concerns a copyright violation by Mohan Sehgal’s film New Delhi The appellant R G Anand filed a case of breach of copyrights of his drama 'Hum Hindustani.' He argued that the ‘New Delhi’ movie is based on the plot of his play.
Abhijeet Kumar Singh, BBA LLB, Kalinga University, Raipur
Mahima Tandan, BA LLB, Kalinga University, Raipur
Page: 1786-1795
The President approved three contentious agricultural regulations in September 2020, which led to one of the largest demonstrations in India. They aim to change how Indian agriculture does business and have asked the federal system of India different questions, where legislation is assigned via the Union, the State, and Competition List, outlined in the 7th Schedule of the Constitution. The lists separate different subjects and enable the Union and the State legislature to formulate and enact legislation in their respective areas. Agriculture is an object of state concern that includes all associated issues such as cattle, irrigation, etc. Entry 33 of the Concurrent List is the foundation for this debate since farms' legislation has been adopted under the pretense of this entry. The authors seek to give a realistic picture of the legislative competence of Union and State legislatures via this article and concentrate on current agriculture legislation.
Shubham Srivastav, Uttaranchal University
Page: 1796-1804
E-Lok Adalats is one of the major achievements of the legal services authorities of our country because it’s a type of begnning of a new era in our country’s judicial system as our judicial infrastructure have thousands of courts across the country to dispense justice to the litigants,since last year from mid march when the situation of pandemic have caused a situation of great turbulance across all over the country and resulted in a situation of lockdown in india,lockdown which was imposed last year due to the situation of pandemic caused a major hinderance in the working of several government as well as private sectors as a result the online services become one of the primary concern for all of us amid in rising cases of covid 19.
Antara Kalambi, Symbiosis Law School, Hyderabad (2015-2020 Batch)
Page: 1805-1812
This essay aims to analyse the administrative tribunals vis-à-vis the doctrine of separation of powers as enshrined in the Constitution of India. The Supreme Court of India has through a series of judgements pronounced that separation of powers forms a part of the basic structure of the Constitution. Separation of powers in a State considers the idea that governmental functions must be based on a tripartite division of legislature, executive and judiciary. In simple words, the three branches of any democratic government should be separate, distinct and sovereign in its own sphere with the aim that one does not trespass the territory of another.
Akanksha Pandey, Law College Dehradun, Uttaranchal University
Page: 1813-1818
The witness is allowed to state the facts related to a fact in issue or to relevant fact, but not his opinion or inference under the Indian Law of Evidence This rule is applicable to both criminal as well as civil law. The phenomenon of expert was also defined by the Supreme Court of America as a person who possesses knowledge and experience which is not possessed by mankind in general. An expert witness is a person who has studied in a special branch of learning and is especially skilled on those points on which he is asked to state his opinion. The expert opinion cannot form the basis of conviction and before admitting the expert opinion in the court, his competency must be established. The court is not bound to follow the opinions of expert blindly. A person becomes an expert by practice, experience and observation. If the court finds out that the conclusion reached by the scientists or experts is unsatisfactory, the court is not bound to accept it. The provision for relevancy of expert’s opinion is embodied under Section 45-51 (Chapter-II) of the Indian Evidence Act, 1872.
Lavanya Lakhotia, RNB Global University
Page: 1819-1827
It is aptly said by William Gladstone that Justice delayed is Justice denied.’ Before the Hussainara Khatoon case, there was no light on the condition of prisoners and brutal violation of their rights and liberties. Every person is entitled to Art. 21 related to the right to life and liberties, this includes granting them full opportunity to prove their innocence. With the case of Hussainara Khatoon, awareness of free legal aid for poorer sections of society and the antiquated and unsatisfactory bail system is impossible to fulfill for poor sections. It reflects and records a slow and antiquated legal system that prevents a person to access its basic freedom and liberties.It also highlights the need of vigilance among citizens regarding socio-legal issues as Vigilantibus Non Dormientibus Jura Subveniun.This paper summarises the case Hussainara Khatoon & Others (I) v. Home Secretary, State of Bihar, and highlights its major attributes and its significance in legal history.
Mayank Kumar Pandey, KIIT University (School of Law)
Page: 1828-1833
This research article will give you an insight over the idea of Alternative Dispute Resolution (ADR) which will make you understand its essential role in today's world. The primary purpose of this article is to introduce primary issues with respect to the Online Dispute Resolution (ODR) which will express every one of the contrasts between medium, their benefits and drawbacks as well, then how much efficient as a way-out it is and the actual purpose of resolving the civil disputes between the individuals are being being accomplished or nor and in the event that indeed, up to what extent. You'll track down a profound investigation regarding the matter where pretty much every conspicuous angle has been covered like how innovation and technology is including the legal arena too. At last, the paper additionally traces in a near route about the ADR and ODR structure and closes with some ground scenario analysis and suppositions as far as the future of this system.
Mridul Y. Suri, Fairfield Institute Of Management & Technology, Affiliated To Guru Gobind Singh Indraprastha University)
Muskaan Sharma, Fairfield Institute Of Management & Technology, Affiliated To Guru Gobind Singh Indraprastha University)
Page: 1834-1843
LGBTQ is the initial of Lesbian Gay Bisexual Transgender Queer, and they are the people who do not relate their gender from their biological gender and end up being a cliché. LGBTQ Community existed in our society since the very beginning. During early times, homosexual sex was considered "revolting", and society did not accept transgender people the way they were. The Britishers criticized them and withdrew their civil rights, enforced an act against the transgender people, and called them "a tribe". But during the Mughal period, the transgender people were given utmost respect and were also included in the decision making of the empire. Many problems were and still are faced by this community like discrimination, unemployment, depression etc. Families do not support their child once they start behaving like transgender people.
Shashwat Suraj, LL.M. from National University of Study and Research in Law, Ranchi
Page: 1844-1858
Animal welfare denotes to the calibre of life experienced by animals and their balanced subsistence with their habitat. It describes a collective relationship between man and wild. Inception and evolution of human civilization testifies the cumulative relationship shared by humans and animals. In India, animals are not only perceived as livestock but are also considered as reverend and embodiment of God. The Constitution of India and various other legislations provide for the welfare of the animals.
Shubha Deshpande, Symbiosis Law School, Hyderabad
Page: 1859-1867
Forensic Psychiatry is a much recent development in India when compared to the rest of the world. The study in this area is known to be inadequate as several private and state medical psychiatric facilities do not have an exclusive coverage given to Forensic Psychiatry and the ones existing are not competent enough to deal with the complexities of the cases. In present times, the study of forensic psychiatry is no more limited to the medical psychiatry and their patients. It uses legal tests to make a clear differentiation between legal insanity and insanity, new methods for the treatment of depressive conditions, the understanding of social behaviour and public’s perceptions on criminals and psychological illness. Forensic psychiatrists assist the courts in dealing with sensitive cases which result in better outcomes and the assistance provided to the lawmakers helps to realize the goals of medical therapy. Such role can be played only by a person who has extensive knowledge and experience in each of these fields.
Shruti Sharma, Symbiosis Law School, Nagpur
Page: 1868-1881
The oceans cover over 70% of the Earth’s surface. Oceans are the essential basis for various purposes such as marine biodiversity like Phytoplankton produce around one third of the oxygen, we breadth, oceans are rich source of unlimited natural resources, they even provide for transportation of people and trade. Around 80% of volume of global trade is done through sea1. It was between the 15th century till the 17th century that number of supremacies tried to claim their control over the parts of the sea. In the year 1609, a book named ‘Mare Liberum’ which translates to ‘freedom of the seas’ was written by a Dutch jurist and philosopher Hugo Grotius. This book was considered as the foundation of international legal doctrine regarding the seas and oceans. After centuries long argument between the idea of Grotius and John Selden the idea of ‘freedom of seas’ was finally accepted.
Shelly, Bennett University
Page: 1882-1887
Right to Internet as enriched under Article 21 of the Indian Constitution, provides us with information with the click of a button but along with it, it brings various rights and threats in the business media. Soon after government of India declared nation-wide lockdown, various sectors all around the globe suffered massively. The trademark and copyright infringement were one such sector that became a vexing activity which started to affect the commercial rights of various publication houses. In fact, it is an instinct in social media users to share viral information as soon as they come across any astounding fact, without even getting into finding the reality. Similar happened in the recent news that sparked among the media because of the very reason that the conflicting parties are one of the leading heads in their respective fields of information commission.
Anubhav Singh, Maharashtra National Law University, Mumbai
Page: 1889-1903
The Hindu joint family [hereinafter HJF] arrangement is an organisation of which members share land in its name and have differing rights and obligations to one another. It is made up entirely of men. A Hindu coparcenary is a corporate entity, though not incorporated. Coparcenary refers to the property’s “last four generations, including the last male holder”. The last “male-holder” of the property in the Hindu joint family is the senior most member of the family. The foreman of the joint family is called Karta (Manager), and in classical law, there is presumption that the oldest member of the HJF is to be the manager or the Karta.1 Karta is not an agent, nor this relationship is of partnership and agent,2 he is basically the custodian of the HJF property also guardian of the affairs and interest of the HJF.