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-B)
July 2021
How To Find Manuscript?: Authors Can Find Their Manuscript Using CTRL + F Feature
Pritee Dey, Alliance School Of Law, Alliance University
Page: 1904-1922
Child labour has been an alarming issue not only in India but all around the globe. The International Labour Organization has formulated many conventions to stop the practice of child labour. India being one of the founding members of International Labour Organization (ILO) ratified the conventions on child labour and also formulated legislations to help prevent the practice of child labour. The causes and sources of child labour in India is deep-rooted in the poor economic conditions of the society and lack of education and awareness in the society, which causes many harmful effects on children who are subjected to child labour like sexual exploitation, abuse and depression. The ILO and UNICEF in their reports claimed that the practice of child labour has seen a decline globally in the last two decades but the outbreak of the Covid-19 pandemic halted the progress of eliminating child labour. This paper aims to understand the causes and consequences of child labour in relation to International standards and Indian legislations and the remedies to prevent such practice; and also studies the impact of Covid-19 pandemic on the child labour workforce in India.
Payal Singh, Uttaranchal University
Page: 1923-1927
Human Rights are moral norms or principles that tend to describe certain standards of human behavior. These rights are very well known and universal in nature which means they are applicable everywhere at every time all over the world, and strengthens the fact that each and every person around the world truly deserves to be treated with dignity and equality. These are thereby protected as natural and legal rights on levels of international as well as municipal law. The milestone document in the very history of human rights is UDHR or Universal Declaration of Human Rights. Its declaration was proclaimed by the United Nations General Assembly in Paris on 10th December 1948. It has 30 Articles and it sets out all the fundamental human rights to be universally protected for the very first time. Since that time due to the rise of digital era, more awareness has been created in this regard. The UDHR itself has been translated into over 500 languages to make it known and understood all over the world to each and every person. As rightly quoted by John F. Kennedy, “The rights of every man are diminished when the rights of one man is threatened…”
Bhagyashikha Saptarshi, Amity University, Lucknow, U.P.
Page: 1928-1939
Prostitution is one of the prominent issues of our country. The cases of human trafficking are increasing day by day and most of the times trafficking takes place for the purpose of carrying out prostitution. Women and children are compelled to engage in prostitution and if they refuse to do so they get threatened and their lives goes in peril. And once they enter into such work, they face criticism from the society which often leads them to end their lives. Also, it has been evident that the women who are engaged in sex works and are prone to sexual abuse and they are more likely to get into depression and commit suicide than those who are not sexually abused. This article deals with the issue of prostitution, rights of prostitutes, laws related and why it should get legalized and regulated by citing the status of prostitution in several other countries and in the last citing my opinion on the subject.
Riddhima Singh, SNDT Women’s University Law School
Page: 1940-1945
The word ‘culture’ is many-a-times loosely used to explain ones tradition, value system or even their clothing. Culture is an all encompassing term which one specific piece of legislation cannot contain. Culture, tradition and value system form the foundation of laws that govern us and culture finds a notable mention, either directly or indirectly in our Constitution and other intellectual property legislations.
Ashish Ranjan, Central University Of South Bihar, Gaya
Page: 1946-1953
Climate Change has been a Centre of focus for centuries. The consequences of COVID- 19 pandemic are serious impairment, change development approaches, remarkable economic growth and dramatic change in economic activity in 2020. Global GDP is estimated to diminish by 4.9% in 2020 according to report of IMF, 2020a. In this paper, I have examined similarities and differences between two global problems, COVID-19 and Climate Change, and the degree to which the confront with the COVID-19 pandemic can be of use for intercepting problem of climate change.
Mr. Kanhaiya Singhal, Advocate-on-Record Supreme Court of India
Mr. Rishabh Jain, Advocate, Amity Law School, Delhi (GGSIPU) (Batch of 2020)
Mr. Chetan Bhardwaj, Advocate, Amity Law School, Noida (Batch of 2019)
Page: 1954-1969
The authors of the instant paper aim to put forth the peculiar predicaments pertaining to the application of the Narcotics Drugs and Psychotropic Substances Act, 1985 and certain recommendations to overcome the same, from the perspective of both- the offender and the prosecutor. Unlike other enactments in the sphere of criminal law, and an exception to the principle of Ei Incumbit Probatio, Qui Dicit, Non Qui Negat i.e. innocent until proven guilty, the Legislators wish to make amply clear, the gravity which it wishes to attach to the cases initiated under the aforementioned Act. There have been several conflicting decisions, within the territory of India, on crucial issues concerning the search, seizure and arrest of an offender as well as the contraband goods. The enforcement of the Act has had a multi-faceted impact on the stakeholders. The abuse of the procedure established by the Act is not uncommon and has far-reaching impact. Contrarily, even in the presence of such stringent provisions the cases of drug abuse are not uncommon in India, with the cities of Delhi and Mumbai being one of the leading cannabis consuming cities in the world.
Anushree Rathi, Savitribai Phule University, Pune
Page: 1970-1982
The presence of transgender is not new, but could be recognized from a time immemorial as could be seen in India’s epic literature and temple sculptures. Even after some recognition and social acceptance, their status has barely improved since India’s independence in 1947. Most common livelihoods for transgender community include dancing, begging and engaging in sex work. Multiple data suggest that the transgenders are highly prone to HIV infections, and are brutally harassed by police. The main purpose of this research paper is to understand the socio-economic status of transgenders in India. However, to understand the status of transgenders it is significant to understand the problems they are experiencing and the recommendations that need to be implemented to provide them better standing in the society.
Community Based Rehabilitation As A Conduit To Achieve Social Security–Allaying Disability Struggles
Anchita Saxena, Amity Law School, Noida
Page: 1983-2001
In the milieu of absolute innovations and rampant scientific development, there are reparations in the existing societal structure, and efforts are being made towards culminating a more woke and inclusive society in entirety. However, an area where all these efforts are eclipsed and an exercise that perpetuates a state of ostracism is extolled, successively suffuses an ableist society, which keeps the concept of disability inclusion at bay. The cost of this exclusion can not only be witnessed in the deteriorated state of sustenance of the disabled persons all around the world but also evinces a morose situation of how the society responds to disability in general. Having said that, persons suffering from disabilities are often denied equal opportunities to employment, because of which they are forced to reside in a perpetual state of squalor. International labour organization, a stalwart institution assuring human and labour rights to the workers all around the world, delineates a grim report that exclaims that nearly 80 percent of the disabled persons are deprived of equal opportunities for work.
Makrand Chauhan, LL.M., Jindal Global Law School
Page: 2002-2006
A modern state is said to be the one which has ushered in a system of democracy and developed legal mechanisms to constrain those in power (the executive) and protect the rights of those perceived as powerless (the people). Most constitutions in such systems strive to grant rights and privileges to the population in the sense that instead of vesting sovereignty in the hands of a few considered the most responsible, it’s the people who end up being the sovereign and are supposed to be served by those in power (public officers). However, most constitutions in such systems (like the Indian constitution) are majorly shaped by concrete events that are saturated in terms of context and are often interpreted as a by-product of a historical process of political nature. Such processes are usually driven by the desire to belong somewhere; and, it invariably happens to be ‘citizenship’, which has almost always been concerned with political relations.
Samyukta Rawat, University Of Petroleum And Energy Studies
Page: 2007-2019
Following the privatisation and liberalisation that swept India in the early 1990s, it became evident that the Monopolistic and Restrictive Trade Practices Act, 1969 (MRTP Act) was incapable of dealing with the competition aspect of the Indian economy. With the beginning of the globalisation era, Indian businesses began to face intense competition from both domestic and international players, necessitating a level playing field and an investor-friendly atmosphere. As a result, there was a need for competition laws to change their emphasis away from preventing monopolies and toward encouraging businesses to invest and expand, fostering competition while preventing market power abuse. The Indian Competition Law aims to control activities that have negative impact on market competition in India. It was enacted in 2002 with the aim of promoting competition in the flourishing Indian market and protecting it from anti-competitive corporate practices.
Madhuripu Raj, Law College Dehradun, Uttaranchal University
Prachi Anand, Law College Dehradun, Uttaranchal University
Page: 2020-2028
Since the ancient period, Dowry system has been prominent in India. The practice of giving valuable securities from the bride family to the groom family, at the time of marriage or before the marriage. At the time of colonial period, it was the only way to get married and in the British era, dowry become mandatory however, as time passed, the system developed into an evil tradition. As a result, it became necessary for the bride’s parents to give a good dowry to her in laws, regardless of whether they could afford it or not, as the married life of a girl became dependent upon dowry. Due to a lack of dowry, marriage was impossible. Girls who couldn't afford good dowries demanded by in-laws as they were forced to commit suicide because of the distress, physically and mentally harassment, humiliation, and beaten. They were also being murdered and burnt alive due to incapable to provide dowry. As per the present situation the law prohibiting dowry in any form, continues to be prevalent across all the section of the society, regardless of their caste or class.
Mridul Y Suri, Guru Gobind Singh Indraprastha University
Page: 2029-2033
The most basic rights available to any human being right from birth are Human Rights. Respect for inherent dignity and demand in recognition are the necessities of Human Rights. These will ensure that right of every person has been protected and secured. This helps in the prevention of abuses that sabotage their respect and gives the chance that they need to understand their maximum capacity, liberated from segregation. Today, with the changing dynamics of society the mould of human rights and freedom is becoming more and more symmetrical, it acts as a subject, the content of which keeps adding more and more chapters in the lives of humans. Recently, a new pragmatic effort has been laid down by Supreme Court in Activist Gautam Navlakha in the Bhima Koregaon case.
Ms Ankita Kumar Gupta, Ph.D. Research Scholar, Mewar University, Chittorgarh, Rajasthan
Dr Kanwal Sapra, Academician and Practicing Lawyer at Supreme Court and High Court of Delhi
Page: 2034-2055
It was almost after two decades from when the evil of sexual harassment at workplace knocked the doors of Indian Society for the 1st time in 1992 that the Indian Legislature enacted a Law for prevention and protection from Sexual Harassment at Workplace. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 was thought to be a positive step toward the prohibiting, preventing and protecting against the sexual harassment which might happen in workplaces but to its misfortune it is succumbing due to its limitation. The Act 2013 aimed to cover up the limitations of the Vishaka guidelines. But it is not so futuristic and is faulty on many grounds. The need of the hour is to have a law which deals with the present situation as well as is futuristic to deal with all the aspects. The Act 2013 has completely ignored sexual harassment faced by males at workplace. Also in today’s virtual era, with increasing technological complexities, cyberspace sexual harassment is the ongoing trend.
Rukmini Ravi Madhok, Symbiosis Law School, Hyderabad
Page: 2056-2065
The medical profession is one of the oldest professions as provided by humankind. It is one of the most noble professions provided considering it is only the medical workers and doctors whom we look up to when in distress. It is only them who can bring or let go of the loved one in the hospital. In the ancient Indian times, doctors or healers were seen as a form of Vishnu and thus associated to be godlike1. However, in more recent times, these medical institutions have been places of legal disputes dur to some mal practitioners taking advantage or administering medical care with negligence which ends in more harm than good. However, not always do such cases end with the accused been proven guilty. One such case is the case of Malka Tarrannum v. Dr. C.P. Gupta. this was held to be a case of medical negligence.
Nandini Sohoni, RTMNU’s Babasaheb Ambedkar College of Law, Nagpur
Page: 2066-2078
Recently Punjab and Haryana High Court in a case stated, “The live-in-relationship nowadays is not a new phenomenon but the society has not evolved to the extent of accepting such relationship without raising the eyebrows to such relationship.”1 It is true that it is not a new phenomenon as the concept of live-in relationship can be traced back to the Vedic period but today even after hundreds of years there is hesitance in the society to accept such relationships. The law around this concept has been majorly developed through judicial interventions. This article deals with the development of the law, the societal perception and the role of judiciary in paving a way forward in protection of the rights of persons in such relationships. This article attempts to show how judicial activism in this area has brought a change in the mindset of people and has also brought some acceptance and that it should no longer be treated as a taboo.
Sanjhna Vivekanand, Vellore Institute of Technology, Chennai Campus
Page: 2079-2085
In current times, all the workplaces in India are required by law to enable and provide a protected and secure working environment free from sexual harassment for all women. This requirement paved the way for establishing a set of rules that were brought out to prevent workplace sexual harassment. These rules were enacted 16 years after the Supreme Court of India's landmark judgment in Vishaka and Others v. the State of Rajasthan. The judgement of this case laid down guidelines that made it mandatory for every employer to provide a mechanism to redress grievances about workplace sexual harassment and enforce the right to gender equality of working women. This paper will highlight the provisions under the Act, the Redressal process, punishment, and compensation after analysing the landmark case of Vishaka and others v. the State of Rajasthan.
Kruttika Krushnanjana, Symbiosis Law School, Hyderabad
Page: 2086-2103
The history of implementation of adequate corporate governance that helped Indian enterprises in increasing their benefits in the capital market is a revolution in itself. This can be underlined by evaluating the practices adapted by two majorly celebrated and thriving associations - Infosys Limited and Tata Group. These two major corporates that lead the corporate world in India, are frequently observed as good examples by growing business visionaries, are likewise applauded to for their corporate governance rehearses. Overall, most driving corporates in India maintain and follow rules and guidelines, and if their governance rehearses/practices are put to test, they will probably stand the scrutiny of the law. Nonetheless, in the event that one dives further, one could find that while the stated aim of the law may have been conformed to, the soul of these rules has not really been grasped wholeheartedly.
Himanshu Morwal, Manipal University Jaipur
Page: 2104-2116
The era of technological revolution has served the interest of people all around the globe. There has been a dynamic explosion in the technological development since the inception of Internet nearly two decades ago. Internet is considered an integral part of human life. This technological advancement has eased up the life of the people in various aspects. It has also caused menace to the society in the form of Internet crimes which are committed online, with the use of any computer or network, also known as Cybercrime. With the rapid increase in internet users, it has also given rise to several online crimes such as cyber stalking, cyber pornography, spoofing, phishing, cyberbullying etc. These crimes have made people vulnerable and skeptical. The paper aims to instill a brief understanding of the concept of cybercrimes, various methods of cybercrimes frequently used, and also to identify the root cause of cybercrimes, applicability of legal provisions, and effective preventive measures against such crimes.
Yojana Chopda, Sinhgad Law College, Pune
Page: 2117-2120
On one hand, the citizens of India are bestowed with the Right to freely articulate views blatantly without fear and concomitantly, on the other hand ,they are expected and bludgeoned to live according to the whims and fancies of the higher authorities. This short discourse consists of how the basic rights are being divested from the citizens on refusal to act as the puppets of the administration. It also comprises of the examples of some innocent and courageous people, who were made patsy by the authorities to conceal their truths. This short analysis consists of the magnification of how the growth of corruption is affecting the bravery and integrity of people.
Dr. Navjot Kaur, Asstt. Prof. In Law (B.A.LL.B, LL.M.,Ph.d. in Law) Baba Farid Law College, Faridkot
Ms. Navreet Kaur, Asstt. Prof. In Law ( LL.B, LL.M.), Baba Farid Law College, Faridkot
Page: 2121-2130
The basis of the growth of an individual is the kind of education he/she receives. It is the learning process of achieving knowledge, value, skills, beliefs and moral habits. Good education not only transforms the one from inside but it also effects the outside of a person by change of mind and personality as well as by enhancing the confidence level. During Covid period, it became difficult to follow the traditional methods of education and the education became wholly dependent on online mode. The paper will try to analyze the fundamental right of education in Indian perspective. An attempt will be made to state impact of Covid on methods as well as the quality of education. Lastly, it will be discussed how far we have been successful to achieve our fundamental right during the pandemic.
Ekta Pandey, Galgotias University
Page: 2131-2137
The paper is a compressive review of Domestic violence in this pandemic, including its legal backgrounds and the malfeasance and its Victimization. This paper is focusing on the reason occurrence of it, the problems and the risk factors which is faced by the women in our society. The paper also talks about psychological and physical effects of Domestic Violence. It talks about the Government’s point of view regarding it.
Noopur Biswas, Symbiosis Law School
Page: 2138-2147
The Dispute Settlement Body is the heart of World Trade Organisation. Any dispute in between the members of WTO is resolved by consultation between the countries. If both or any one of the parties is not satisfied with the consultation result then, they can request the Dispute Settlement Body to set a panel. On further disagreement with the reports from the panel, they can approach the Dispute Settlement Appellate Body which consists of 7 members appointed with the consensus of the Dispute Settlement Body.
Anushree Belwariar, Symbiosis Law School, Hyderabad
Page: 2148-2158
The technology advancements that take place today happen at a very dynamic rate. The fruit of science is beard by all walks of life. Over the period of last two decades, the judiciary and the legal arena in India has witnessed a new line of advancement with respect to evidentiary laws. Now, evidence material for advancement of a case includes electronic evidences such as electronic mails, phone call records, videos and photographs. Digital evidence has witnessed exponential increase for admissibility of the same in the Indian Courts. But, till what extent does the judiciary claim to accept evidences produced through digital devices? The binary nature of such evidence has erupted different stances of judges in the Indian Legal context. The initial apprehension towards the admissibility of evidences of above nature has seen a swift turn over the period of last two decades.
Abhinav Tomer, IFTM University
Page: 2158-2173
The drugs play a vital role in the economic development of an individual country, so that several legislations have been enacted to regulate the manufacture, sale and distribution of drugs to protect the specialized knowledge, skill and experience of human being. And to promote the development, production, manufacture, possession, transport, consumption of all compounds investigated for use in human only a small fraction is eventually approved in most nations by the Government appointed medical institution or boards those have to approve new drugs before they can be marketed in those countries. There are chances of high pricing, objectionable advertisement, selling of adulterated and spurious drug in a country.
Geetika Sachdeva, Law College Dehradun, Uttaranchal University
Page: 2174-2195
The research throws light on situation of live in relationship in major western countries and what is the status of live in relationship in our country. Under all societies in the world, the status of a child i.e., whether it is born legitimate or illegitimate has great consequence. The inheritance rights of child are majorly associated and dependent upon the tag of legitimacy and illegitimacy in Indian laws. There is the present need of the time to explore and throw light upon the legitimacy and inheritance rights of the children born from the relationship other than the marriage. The research paper aims to explore the status of the legitimacy of the children and their inheritance rights who are not born in the legal marital wedlock, instead are born from a live-in relationship.
Muskan Vaswani, New Law College, BVDU, Pune
Priya Vaswani, New Law College, BVDU, Pune
Manvendra Singh Rathore, New Law College, BVDU, Pune
Page: 2196-2206
The patriarchal virus is more vicious than coronavirus. Patriarchy is considered as one of the reasons for Domestic Violence. This paper scrutinizes the basic concept of domestic violence and how viruses inside homes are becoming more dangerous than coronavirus. Traumatically, the acceleration in abusive behavior at home isn't just occurring in cases where there has been a past filled with savagery, yet in addition in situations where there isn't a background marked by brutality. Furthermore, when limited to a bit of space, with no open door for abuser and victim to isolate from one another to chill off, individuals will, in general, lash out definitely more than expected. Tragically, Abusers are utilizing the Coronavirus Pandemic to exploit the victims in a bunch of ways.
Abhishek Bhushan Singh, School of law, Christ (Deemed to be University)
Anushka Ojha, New Law College, Bharati Vidyapeeth University
Page: 2207-2216
Disability literally means a physical or mental state of a person that limits a person’s movement, senses or activities. Disability in our country is considered a curse. People with disabilities are very prone to violence and abuse. People with disabilities experience forms of violence and abuse similar to those without disabilities, such as physical injury, sexual assault, emotional trauma, and financial abuse. Disabled people now make up the world's largest minority, with over 650 million people, or 10% of the global population, suffering from some kind of disability. A physical, emotional, or sensory disability affects at least one out of every ten people in the majority of countries. In India, more than 50 million people suffer from disabilities in some form or another.
Nishka Asarpota, Symbiosis Law School, Pune
Muskan Sharma, Symbiosis Law School, Pune
Page: 2217-2225
Intellectual property protection plays an extremely important role in fostering and encouraging inventions and innovations. If ideas are not protected, businesses and individuals will not be able to make profits and thus, will not be motivated. The design law is that part of the IP regime that deals with and protects shapes, figures and configuration of an article.
Saundarya Verma, Hidayatullah National Law University
Page: 2226-2232
Even today, in the liberal and democratic age of equal rights and equal opportunity, the women of India continue to fight to achieve equal opportunity, not only in terms of a societal standing but also in the field of work and employment. The working sector of our country is still struggling to give the women opportunities that are equal to men. On international measures of gender equality, India scores low on women’s overall health and survival and ability to access economic opportunities.1 The economic engagement of women is related to her and her family's well being. A continuous decline in the participation of women in economic activities, especially in the labour force, is a cause for great concern as it reflects deterioration in the well being of women.
Sanmati Rathore, LLM, Symbiosis Law School, Pune
Vaibhav Shrivastava, LLM, Symbiosis Law School, Pune
Page: 2233-2282
A person who is in permanent vegetative state or suffering from a chronicle disease, who can't be brought back to the normal life, is it right to keep him alive on medical support for years until his body stops responding to that as well. This question encompasses the need to have subtle laws in this area. This study deals with a question that, if right to life is a human right, why not Right to die in certain exceptional situations to avoid further pain and suffering. This research paper will highlight why euthanasia is disregarded by people including the reasons that acts as barrier in the process of legalization of euthanasia. This research also aims to study the Human rights laws which affirms or dejects the concept of such Right to die.
B Ravisankar, School of Legal Studies, CUSAT
Page: 2283-2292
India is currently facing an unprecedented problem of drug abuse. The number of users and the quantity of substance in the market has been constantly on the rise. Drugs have been in use in India from time immemorial. But today the proportions of its use have changed drastically. Nowadays, drugs are available in the market in varying quantities and prices. It is alarming to note that a large number of youths are resorting to drugs to get relief from stress. What is even more concerning is the close nexus between drugs and crime. Crime rates in India have gone up significantly over the last decade and many studies show that drug abuse have contributed immensely towards criminal activities. Illicit drug trafficking is prevalent across all states in India. In fact, illicit drug trafficking is one of the major sources of terror funding. ‘Narco terrorism’ is the new phenomenon that is threatening the security of the country.
Ajay Pal Singh, Army Institute of Law, Mohali
Page: 2293-2302
Financial Markets are a key component of the any Financial System including that of India. Subsequently, the Financial Regulators act as a vital cog in the financial system as well. One such regulator is Securities Exchange Board of India (SEBI) established in its present form under Section 3(1) of SEBI Act, 1992. SEBI has played a key role in promoting transparency in the Indian Capital markets. It performs Regulatory, Protective and Developmental Roles, and has wide Quasi-Judicial, Legislative and Executive powers, in the context of capital, securities, primary, secondary, forex, commodities, derivatives, and futures market. SEBI regulates the Capital Market by protecting the interest of investors and establishing the rules and regulations for the development of the Capital market. Thus, SEBI provides a dynamic and investment friendly environment to the issuers of securities, the investors and the market intermediaries.
Paris Agreement On Climate Change And India’s Commitment: A Critical Review With Human Rights Issues
Gouranga Debnath, LLM, Chanakya National Law University (CNLU), Patna
Page: 2303-2315
The world is under the severe threat of 'climate catastrophe'. The Climate change is considered as the most serious global emergency that goes beyond national borders. A number of world conference on this issue were held with minimum success. And after that the Paris Agreement was adopted. The historic Paris Agreement is a legally binding international treaty within the United Nations Framework Convention on Climate Change (UNFCCC), on climate change mitigation, adaptation, and finance. It was adopted by 196 parties at the 21st Conference of Parties in Le Bourget, near Paris, France, on December 12, 2015, and was enforced on November 4, 2016. As of March 2021, 191 members of the UNFCCC are parties to the agreement. The historic Paris Agreement provides a durable and constructive new framework guiding the global effort for decades to come. The crucial purpose of the Paris Agreement’s is to strengthen the global response to the threat of global climate change. This agreement targets the global temperature rise this century well below 2 degrees Celsius.
Sachin Trivedi, Law College Dehradun, Uttaranchal University, Uttarakhand
Page: 2316-2325
Man is called social animal; we cannot survive alone hence we need someone who support us, whom we can rely upon. In every stage of life, we need someone who support us encourage us. Here family plays an important role in the life of an individual. But people from third gender often abandoned by their own families. They don’t have adequate means of livelihood, be it basic necessity for human survival such as food, cloth shelter and basic health care facilities. They were always neglected and never accepted by the society which led them to live their life in poverty and isolation.
Sachin Trivedi, Law College Dehradun, Uttaranchal University, Uttarakhand
Page: 2326-2341
“An effective police system is the substratum on which the whole edifice of constitutional wills maintenance of law and order, detection of crime, and enforcement process of social legislation.”1 Police, the largest and the most important law enforcing agency, has, no doubt, a special responsibility for the protection of human rights. But its role as a protector of human rights takes a beating, when the protectors themselves are accused of violating them. It cannot be denied that the police in India do often function in an illegal manner.
Sara Jain, O.P. Jindal Global University
Page: 2342-2360
This paper is an analytical study on the Indian Law of Indemnity. A comparative analysis of 34 cases that brought the issue of indemnity as understood under section 124 and 125 of the Indian Contract Act, 1872 (Further as, “The Act”) has been illustrated with the help a table. It is evident from the table that these sections are open to more than one interpretation and courts have developed a cohesive test for indemnity that is uniformly accepted across India. In some cases, the judges have very narrowly interpreted the sections pertaining to Indemnity in the Act, limiting its applicability. While on the other hand, a different array of cases have allowed for a wider interpretation of the same sections. Through this paper, I aim to focus on both these types of interpretations and also throw light on other aspects of indemnity law in India and the way they can be restructured by the legislature to extend the application of the statutes. The recommendations given in the paper are evident of the role of legislature in reforming law; the analysis and interpretation of these statutes elaborated in this paper suggests how the judiciary plays a role in the application of laws in the country.
Achyuth B. Nandan, School of Legal studies, Cochin University of Science and Technology Kalamassery, Kochi, Kerala
Page: 2361-2367
The Rights and freedom of the sexual minorities, that is the LGBT community can be viewed within the larger perspective of human rights. Human rights are nothing but, rights which has been conferred by birth available to all individuals irrespective of their caste, creed, religion, nationality and most importantly gender and sexual orientation. Human rights are possessed by all human beings simply due to the very fact that they are human beings. Hence these rights are fundamental and inalienable in nature which are essential for life as human beings irrespective of the fact that they fall within the category of minority or not. Till date a specific definition or scope of rights has not been granted or enforced with respect to the LGBT community in any international statutes or legal provisions. But the extended scope of umpteen number of treaties, conventions and covenants on human rights have enabled to recognise and enforce the rights and freedom of LGBT community to a great extent. So let us examine the wide variety of the rights, international treaties, its scope, enforcement, prevailing common violations and safeguard methods.
Sunita Kamal, Associate Professor (History), SPCGC College Ajmer
Sonakshi Pandey Assistant Professor (Law), Siddhartha Law College, Dehradun
Page: 2368-2390
Caste-based oppression in India lives today in an environment seemingly hostile to its presence: a nation-state that has long been labeled the “world’s largest democracy;” a progressive and protective constitution; a system of laws designed to proscribe and punish acts of discrimination on the basis of caste; broad-based programs of affirmative action that include constitutionally mandated reservations or quotas for Dalits,1 or so called “untouchables;” a plethora of caste- Conscious measures designed to ensure the economic “upliftment” of Dalits2 and an aggressive economic liberalization campaign to fuel India’s economic growth.
Chetaniya Varun, Galgotias University
Abhishek Kumar Singh, Galgotias University
Page: 2391-2398
Sports contribute to the promotion of unity, child and youth growth, a healthy lifestyle, and active social involvement. It primarily inculcates a sense of belonging and pride in one's country. People develop a sense of loyalty as a result of sports, which is such a pure emotion that it elicits strong reactions. Everyone enjoys playing and watching sports because it is straightforward: if you achieve results, you will be given the opportunity to participate. Sports teach us the value of teamwork, culture, fidelity, and, most importantly, the importance of looking out for and caring for one another.
Samvidhan Patidar, Government New Law College, Indore, M.P.
Smriti Chauhan, Government New Law College, Indore, M.P.
Page: 2399-2406
The research revolves around the patent and patentability of ARTIFICIAL INTELLIGENCE. The purpose of this research is to ascertain the patent right in artificial intelligence, to elucidate legal implication which arise while filing patent application and to decide who actually is a true patent holder for the inventions of artificial intelligence and to shed light on the challenges, Position of India in AI world and risk faced by India in investing into Artificial Intelligence. Government of India through NITI Aayog is investing into the future of Artificial Intelligence in India. Thus, the article is research about the challenges and risk faced for patenting inventions of AI.
Ishan Jain, Sinhgad Law College, Pune (Affiliated to SPPU, BCI)
Page: 2407-2411
Article 19(2) – Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of [the sovereignty and integrity of India,]4 the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence
Paras Pradhan, SRMS, College of Law, Bareilly
Anuraj Pradhan, SRMS, College of Law, Bareilly
Page: 2412-2415
This question was first raised up before the court in State of Maharashtra V. Maruti Sripati Dubal1, the Bombay High Court held that the right to life includes a right to die, and consequently, the court struck down section 309 of IPC which provides punishment for an effort to kill . On the other hand, the Andhra Pradesh High Court in Chenna Jagdeshwar V. State of A.P held that right to die is not a fundamental right guaranteed under Article 21 and hence 309 is not unconstitutional. After that, some issues were raised in the case of P. Rathinam V. Union of India that3, (1). Has Article 21 any positive content or is it merely negative in its reach? (2). Has a person who resided in India a right to die? Then, The division bench of the Apex Court in agreeing with the view of the Bombay High Court in the Maruti sripati Dubal case & held that a person has a right to die. The court held that that right to measure in Article 21 includes the right to not live. This view of the apex court was rightly corrected by the Five Judge Constitution Bench of the Supreme Court in Gian Kaur V. State of Punjab4, the judge overruled the P.Rathinam's case and held that right to life under Article 21 of the Indian constitution doesn't include right to die or right to be killed.
Shreshthraj Srivastava, LLM Candidates at Gujarat National Law University, Gandhinagar
Maharshi Thakkar, LLM Candidates at Gujarat National Law University, Gandhinagar
Page: 2416-2426
The debate regarding the superiority of the Supreme Court of India and whether High Courts are subordinate to it still persists. The questions about the intricate constitutional text hauls great minds till date that whether it has provided the supreme court the power of superiority over the high courts. The debate ones again ignited when Hon’ble Justice Chelameswar made remarks at a book launching ceremony that high courts in India are not subordinate to the supreme court although the Supreme Court intervenes to a great extent in administration as well as appointment procedures of judges of high courts. The text of the constitution presents a blurry picture. It neither specifically states nor denies the superiority of Supreme Court over the High Courts. Through various judgments, the Supreme Court has categorically reiterated that High Courts are not subordinate to the Supreme Court.
Vidhya Sankar, Bharata Mata School of Legal Studies
Adoniya Gigi, Bharata Mata School of Legal Studies
Sarah Joseph, Bharata Mata School of Legal Studies
Page: 2427-2436
Martin Luther King who was the crusader of the U.S. civil rights movement in the 1950s and 1960s once said “Our lives begin to end the day we become silent about things that matter”.1 which implies that the silence of the oppressed gives more power to the oppressor. It’s the 21st century, we have been an independent country for 74 years now but even today we carry the vestige of the abusive colonial masters - The Sedition Law. The legitimate free speech in India is a myth. Why do we a Sedition law when we have Prevention of Terrorism Act and Unlawful Activities (Prevention) Act in order to curb terrorism? Sedition law and its variants are currently wreaking havoc on Article 19(1)(a) of the Indian Constitution. Before the untimely demise of our democracy due to the failure of Judiciary, Legislature and Executive, we need to discover an antidote that not only curbs the particular variant but also obviates the spread of any other variants in future. Our research paper aims to delineate on why we need to decriminalize the sedition laws in India.
Vaibhav Kartikeya Agrawal, Advocate
Page: 2437-2446
Preamble to the Constitution of India envisions and constitutes India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC. A socialist republic is a welfare country. There are directives in Part IV of the Constitution which specifically empower the States to legislate and execute for effective administration which contributes in uplifting the standard of life of a common man. There are various types of information which form part of public record and private or Government record. Some of these information/s are biographical data, economic and social status of the citizens whereas some of them are a part of record of monetary transactions either within or outside the country that relates to movable or immovable assets. These assets belong to individuals or joint family, corporate institutions, partnership firms, cooperative societies and business organisations. These records are significant for every future transaction that concerns application for permission to repair, transfer, ownership or sell, lease, etc.
Zeenat Ul Kubra, KIIT School of Law, KIIT University
Page: 2447-2453
Every individual, institution, body, chapter as well as a company, needs various aspects interlinked in order for it to run smoothly. A company is a legal entity which is formed by different individuals to generate profits through their commercial activities. Be it manpower, infrastructure or even the policies of a company, all require revenue as a binding fuel for its functions. There are various ways to generate such revenues inside the legal purview.
Sakshi Mehra, Symbiosis Law School, Hyderabad
Page: 2454-2467
Amidst the economic crisis across the globe, India has posed as a beacon of hope by emerging as a ‘survivor economy’ at various instances. The recent reformation of the Indian tax working structure has given the economy a lot of power by mechanizing ease of doing business with the help of the GST regime. The contemporary taxation structure has metamorphosed the Indian economy and can be effectively viewed as an heirloom of the historic 1991 reforms. However, the metamorphosis comes with new challenges for the business to divulge into and forces the companies to have higher levels of compliances. The greatest challenge that the regime had was to ensure that it does not pioneer inflationary crisis and the businesses are not left with undue profits in their fists. Thereby, the legislation introduced the Anti-Profiteering Mechanism to ensure that the resultant benefit reaches the pockets of the consumers.
Rohan Mitra 4th Year B.A. LL.B, O.P. Jindal Global University
Page: 2468-2471
BGS SGS Soma JV (Petitioner) was awarded a contract by NHPC Ltd. (Respondent) for certain construction works to be carried out in Assam and Arunachal Pradesh. The agreement between the parties contained an arbitration clause which read ‘Arbitration Proceedings shall be held at New Delhi/Faridabad, India’. When disputes arose between the parties, they agreed to arbitrate in accordance with the Arbitration Clause in the agreement. In 2016, after several arbitral proceedings in New Delhi, the arbitral award was delivered by the tribunal in favour of the Petitioner. The Respondent filed a Section 34 application the Arbitration and Conciliation Act, 1996 before the District and Sessions Court at Faridabad, Haryana. The Petitioner contested the jurisdiction of the Court and filed an application before Special Commercial Court, Gurugram, arguing that the appropriate court would be either at New Delhi, which the was the seat of the arbitration; or at Assam where the cause of action partly arose. The Court agreed with the Petitioner, and returned the Section 34 Petition to the Respondent, to be filed before the proper court in New Delhi.
Kunal Sharma, O.P. Jindal Global University
Page: 2472-2480
As a means of conflicting and reconciling interests and rights of its citizens, a wide variety of behavioral rules are established by every country. To govern individual social interaction rules are designated. The absence of information symmetry and failure to establish conditions for a perfect competition gives an upper hand to some participants through utilizing regulatory inadequacy to avail the unfair advantage of investors. With the aim to assure that no individual in a market gains an advantage by trading on ‘unpublished’ information or ‘insider’, insider trading regulations and laws are designed. The foundations of such laws lie to form a level playing field whose essence is to allow all participants to access the information equally. Decreasing the cost of equity and increasing market liquidity are some factors which the enforcement of insider trading laws results in.1 Based on the foundation of efficiency and equity, insider trading laws aim to ensure access of the same set of information to all the participants and discloser of material information available to a participant to all the participants.
Ruchika Yadav, National Law University, Jodhpur
Page: 2481-2495
TRIPS lays down the minimum standards for protection with respect to intellectual property. However, post TRIPS, there has been an increasing trend to introduce higher levels of protection via bilateral and regional free trade agreements. Since 2012, India participated in the negotiations of a regional agreement, RCEP, which would, inter alia, set IP standards in Asia as it was slated to be the first such agreement involving mostly Asian economies. Though India withdrew from this Agreement, it has implications for India given RCEP standards will bind countries from its immediate neighbourhood and with whom India has considerable trade tries. This also becomes relevant because of India’s Act-East policy and renewed focus on Asia-Pacific. Hence, the agreement must be analysed to foresee the possible changes in IPR laws in Asia, particularly South East Asia as ASEAN economies are members of RCEP. This paper analyses Chapter 11 of RCEP containing the IP provisions and contrasts it with the position under TRIPS and Indian law wherever required.
Himanshu Jakhmola, Law College Dehradun, Uttaranchal University
Page: 2496-2508
In the era of commercialisation where the cross-border trade is prevalent, India is developing itself as a big commercial hub to attract traders and making policies in the light of foreign direct investment (FDI). International arbitration has been acknowledged as an effective instrument for resolving disputes by the international community. The researcher through this article wants to enlighten that how international community is facing challenges in Indian prospective and also the process through which India’s becoming a hub to commercial trade and commerce. International commercial arbitration consists of arbitration proceedings that, deals with disputes which involve foreign parties and arises out of a relationship which is of a commercial or mercantile nature. Through this article researcher has also given suggestion of improvement in the International commercial arbitration in India which will help the investor to invest and feel free from litigation proceedings.
Kriti Kumari, The ICFAI University, Dehradun
Page: 2509-2517
The article is an effort to reflect the concept and to focus on various facets of right to privacy in India. Law changes according to its social transformation. Right to privacy is one amongst such right which has arisen after widening up the scope of Article 21. In this article, our main focus on right to privacy. In the landmark judgement in Indian history, Supreme Court consistently ruled that the right to privacy is a fundamental right of every Indian citizen. It is an inherent human right and only necessity for maintaining the human condition with dignity and respect. Right to privacy while not expressly mentioned in the Indian Constitution, is an inherent right under Right to life guaranteed by Article 21 of the Indian Constitution. Therefore in this article we will discussing over a new dimension of article 21 that in the right to privacy. The foundation of secrecy does not hold the right to privacy, it lies on the foundation of dignity.
Isha, Rajiv Gandhi National University of Law, Patiala
Page: 2518-2518
“Fight for gender equality is not a fight against men. It is a fight against traditions that have chained them- a fight against attitudes that are ingrained in the society- it is a fight against the system- a fight against proverbial Laxman Rekha is different for men and women. The society must rise to the occasion. It must recognise and accept the fact that men and women are equal partners in life. They are individuals who have their own identity.”1 -Dr. Justice A. S. Anand Sexual abuse and violence is very much common in India and nowadays in the ambit of marriage it is more prevalent. Such kind of abuse is not reported mostly and is most brutal one. We can define marital rape as intercourse by husband to his wife where wife is unable to give the consent or wife consent is obtained by force or under threat of force. It is a physical violence against such wife. Due to increase in number of rape cases there is need of amendment hence in 2013 rape laws were amended on the recommendations of the Justice J.S. Verma Committee Report. However, still India not recognise marital rape as an separate offence. The concept of marital rape does exists in a very limited sense in India, If a husband has sexual intercourse with his wife who is below 15 years of age, would be rape and if the women is separated from her husband under a decree of judicial separation and her husband has sexual intercourse with her without her consent, it would amount to rape.
Subhadra Subhadarsani, SOA National Institute of Law
Page: 2519-2526
Cyberbullying is a type of harassment carried out through electronic means. The Internet provides a way of anonymity since we frequently don‘t see or hear the people with whom we are communicating online. But that’s not an excuse for having poor manners or posting incendiary comments. While some users may desire they will hide behind their keyboard or smartphone when posting online, the very fact is that they are still those publishing the content. if you post offensive remarks online and therefore the veil of anonymity is lifted, you‘ll need to account the comments you made. Let’s just all together make the internet space a lot more safe and positivite.
Himanshi Babbar, Vivekananda Institute of Professional Studies
Page: 2527-2544
Recently the abrogation of the special status of the State of Jammu and Kashmir guaranteed by Article 370 has led to a nationwide debate upon the legality of the executive action. The questions upon the validity have been raised and many petitions were being filed before the Apex Court challenging the executive action of abrogation of the special status on the grounds of it being violative of the democratic values that are enshrined in the Constitution of India. Thus, it is important to go through the principles enshrined under article 370 of the constitution of India, its merits, the merits of the presidential order barring the special status to the state, and its impact upon the people of Jammu and Kashmir. It is important to see the legality of the said executive action which is studied in this research so as to understand if the action of abrogation of article 370 is in consonance to the principles enshrined in the Constitution of India or it is in derogation to it.
Shivansh Jain, NMIMS School of Law
Page: 2545-2562
Probation, as a concept is fairly unknown and misunderstood. The entire practice involves the cooperation of not only the legal authorities, but of the convict as well. Without his active participation, the entire process is in vain. The key basic behind this practice is the improvement of the society and not the punishment of the criminal. However, probation cannot be granted to each and every convict, there are certain criterions laid down in the concerned legal provisions to segregate the gullible convicts from hardened criminals. This paper aims to study the relationship between the two prominent provisions dealing with probation in India, the Section 360 of the CrPC and the Probation of Offenders Act, 1958.
Ishita Garg, Alliance School of Law, Alliance University
Page: 2563-2575
In a number of nations, privatization is the sole focus of government policy, it may be driven solely by political and economic motives, but at the same time privatisation pose many of the legal issues. The term "privatisation" has been given various meanings, but it generally refers to the transition of a government-controlled industry, bank, or other entity to private ownership. As in certain countries, the government may allow only social services to be privatised, with the government still having supreme control over decision-making and management. While the legislation of some countries provides for full privatisation, others do not. “Apart from the constitutionality and validity of the privatisation decision, there are public law and administrative law problems that often arise with privatization decisions as When privatization is at it peak, macro-level industrialization emerges which might progress to the point where the government's position is diminished and private individuals take over. Therefore, this research paper discusses the aim of privatisation and the types of privatisation also to understand the enforceability of administrative law principles to privatisation challenges in India
Pria Makanda, Soundaraya Law College Bangalore
Page: 2576-2589
With current technology innovations in design and the globalization of the fashion world, Rules applies not only to the way we dress or our lifestyle, but also has a negative impact on intellectual property infringement, other malicious threats that can lead to great damage to the reputation of leading brands in the fashion hub. When these infringement occur in big fashion in houses domain it’s the fashion designs brands , logo that seek legal protection . This is the time when fashion and law connect them to each other, creating a whole new space known as the law of fashion, also known as the" L`droit du monde.
Bhumika Saishri Panigrahi, KIIT School of Law, KIIT University, Bhubaneswar
Hindol Banerjee, KIIT School of Law, KIIT University, Bhubaneswar
Page: 2590-2606
In order to develop the Indian economy, foreign direct investments are imperative. It has been possible to attract varied foreign attention due to the robust liberalised structure and ratified policies. When it comes to foreign investments in renewable energy, India has made a huge jump forward from where it was just a few years ago. Furthermore, investment interest has soared, and the renewable energy market has proven to be immune to the Covid-19 pandemic. India has demonstrated remarkable resilience in the green energy industry, taking critical milestones and contributing to the major objective of sustainable development by closely adhering to the principle that "resources are solely ours."This is where ‘Green Finance' comes into play, as it becomes critical to channelize the flow of financial instruments across India in order to complete projects and future commitments that support the environmentally benign usage of renewable energy and their long-term development.
Naval Kishore Paswan, Chanakya National Law University, Patna
Page: 2607-2621
‘Quasi-judicial’ is a term which may not always be used with utmost clarity and precision. An authority which exercises judicial functions or functions analogous to the judicial authorities would normally be termed as ‘quasi-judicial’. The expression ‘quasi-judicial’ has been termed to be one which stands midway a judicial and an administrative function. If the authority has any express statutory duty to act judicially in arriving at the decision in question, it would be deemed to be quasi-judicial. Where the function to determine a dispute is exercised by virtue of an executive discretion rather than the application of law, it is a quasi-judicial function. A quasi-judicial act requires that a decision is to be given not arbitrarily or in mere discretion of the authority but according to the facts and circumstances of the case as determined upon an enquiry held by the authority after giving an opportunity to the affected parties of being heard or wherever necessary of leading evidence in support of their contention.
Ayush, Law College, Dehradun
Page: 2622-2638
Mediation provides a viable alternative to resolve disputes. Under the current circumstances, it would be beneficial for the parties to act in cooperation instead of being adversarial, as an adversarial approach may not always yield a beneficial outcome. In light of the virus outbreak, jurists contemplate that a number of disputes will arise on the interpretation of force majeure clauses, material adverse effect clauses and termination clauses. While doing so, it is not always advisable to knock on the doors of the courts to seek justice, especially when such key clauses are missing or inadequately drafted. Therefore, while the courts are grappling with the existing backlog of cases, the restrictions in its functioning due to the lockdown and the fresh set of disputes arising due to the current scenario, we feel there might be a shift in the manner in which commercial disputes are or will be resolved, with increased reliance on mediation. Several Indian High Courts, including the High Court of Judicature at Bombay, Delhi High Court, Kerala High Court, etc., and various international organisations like the Singapore International Arbitration Centre, London Court of International Arbitration, International Chamber of Commerce have already formulated mediation rules.
Aashi Mishra, ICFAI University, Dehradun
Page: 2639-2645
The struggle against GENDER-EQUALITY has been long and arduous and still the gender of an individual decides its degree of equality. But this norm was struck down to some extent when Section 377 which was titled as “unnatural offences”2 under Indian Penal Code (IPC) was declared “not an offence anymore” in 2018.
Mharoni Shitio, Student, Law College Dehradun, Uttarancahal University
Abhiranjan Dixit, Assistant Prof. Law College Dehradun, Uttarancahal University
Page: 2646-2657
The point of this study is to examine the notion of administrative law as well as its quasi-legislative and quasi-judicial powers. Administrative law is the body of legislation that governs the executive branch of government in order to control its operations and protect the general public from abuses of power perpetrated by the executive or its agents. Administrative law is the corpus of legislation that regulates the actions of government administrative agencies. Rulemaking, adjudication, and enforcement of a specified regulatory agenda are all examples of government agency activity. Administrative law is confined to the functions and processes of administrative agencies as a body of law. It is restricted to the authorities' adjudication or rule-making abilities. It is a relatively recent field of law that has changed through time and will continue to do so as society's requirements change. The goal of administrative law is to align the Executive's discretionary powers with the 'Rule of law.' Administrative law resolves disagreements, but it is also a battleground.
Zishan Mirza, Law College Dehradun, Uttaranchal University
Page: 2658-2672
Human rights are the rights that every person possesses just because he or she is a human being. The idea of human rights is based on the premise that all people should be allowed to live in dignity. Human rights violations are a denial of our inherent humanity. Throughout history, a number of notable individuals have contributed to the understanding and idea of human rights. Plato believed in the kindness and universal truth. It has continued to become global, in the sense that human rights are universal and hence transcend national borders. It refer to the activities, conditions, and freedoms that all individuals have a right to enjoy as a result of their humanity. Rights such as civil, political, economic, social, and cultural are all included. Human rights are inherent, inalienable, interconnected, and indivisible, and so cannot be given or taken away; the enjoyment of one right influences the enjoyment of others, and all must be preserved. Governments, on the other hand, are the only ones capable of enacting the laws and policies required to protect human rights and to regulate public and private behaviour that affects people's ability to exercise their rights.
Penmetsa Srihind, KIIT Deemed To Be University
Page: 2673-2681
The mischief rule is a rule that aimed at suppressing the mischief and to advance the remedy. Sometimes the mischief rule may not be a good tool like when new circumstances emerge, with cases which are unforeseen by the legislator and is beyond the reach of the statute. This statute addressed a particular mischief but then when a new mischief emerges, a new statute may be needed.
In this article the author mentioned about what is the mischief rule of interpretation and further the advantages as well as disadvantages of the mischief rule have been discussed. The various cases and the practical application of this rule of interpretation in various English as well as Indian cases has been discussed.
Riya Kharab, Bennett University
Page: 2682-2690
The paper examines the concept of public policy which has been frequently used by the parties to international arbitration to resist enforcement of arbitral award. In India through series of court decision development of internationally accepted concept of public policy has been hampered by of national court. The author in the paper has extensively discussed about how the concept and jurisprudence around public policy has developed over years and how it was viewed by the Indian Courts. The paper examines as to how the interpretation of word ‘ Public Policy’ has been done by Indian courts and how concept has been used as a mechanism to hinder the process of enforcement of foreign award which itself contradict the basis of Arbitration Act. The paper throws light on concept of public policy , interpretation by court and critical analysis of same.
Samriddhi Rai, Banasthali Vidyapeeth Rajasthan
Page: 2691-2698
This research paper deals with the sedition law. And in the utmost need of to relook, rewrite, rethink on this law. Sedition law under section 124A IPC which is a draconian law and still we are following this law and paradox is England per se declared this law unconstitutional as a criminal offence in 2009.This research paper categorically divided in the (V) parts and each part is related to this sedition law. This research paper put the light over the origin and history of sedition law and interpretation of sedition with article 19(1)(a) in Indian parlance. This research paper talks about the vagueness of language and the word are used in sedition law “disaffection” and sedition is one of the laws in Indian history which exist in India in pre & post-independence in India. And in the addition of that we look the timeline of sedition cases in India through some case laws and status quo of this law in India and how it is triggering law in present time and its effect on citizens right of “right to dissent” and this research paper try to bring out the lucrative interpretation and understanding of sedition law not just in respective of its vagueness but also how this law was becoming a bane in past and in present time also and boon for governments in India.
Priyadarshani Kumari, Amity University, Patna
Page: 2699-2704
This research paper deals with the sedition law. And in the utmost need of to relook, rewrite, rethink on this law. Sedition law under section 124A IPC which is a draconian law and still we are following this law and paradox is England per se declared this law unconstitutional as a criminal offence in 2009.This research paper categorically divided in the (V) parts and each part is related to this sedition law. This research paper put the light over the origin and history of sedition law and interpretation of sedition with article 19(1)(a) in Indian parlance. This research paper talks about the vagueness of language and the word are used in sedition law “disaffection” and sedition is one of the laws in Indian history which exist in India in pre & post-independence in India. And in the addition of that we look the timeline of sedition cases in India through some case laws and status quo of this law in India and how it is triggering law in present time and its effect on citizens right of “right to dissent” and this research paper try to bring out the lucrative interpretation and understanding of sedition law not just in respective of its vagueness but also how this law was becoming a bane in past and in present time also and boon for governments in India.
Mamta Sadh, A.D.Y.P.University (School of Law)
Page: 2705-2710
Asking the question whether Right comes first or Duty, is akin to asking what came first, Chicken or Egg? Both Right and duty are two sides of the same coin. If you place one on top, the other gets covered. The beauty of it would be in having a balance like the coin in the film Sholay. According to me, Rights and duties are corresponding and correlated. Every Right or I can say most of the Rights have corresponding duties, therefore they coexist.
S. Srinivasa Sathyanarayanan, SRM School Of Law
Page: 2711-2718
Like many other subjects, political science also has many areas of analysis and studies where the laws and political science converge in the political governance of the state. For a political theory to be recognized in the area of political governance, it should first have clarity in the hypothesis as the rulers recognize those theoretical values for administering only based upon the hypothetical value of the theory so that the territorial integrity will be upheld leaving null differences. Like a question has more steps in the process of framing, the theories also have the procedure and steps to form a hypothesis. In political science or any other subject, the entire theory is not tested based on the fact and criticism but largely tested based on the hypothesis, and hence the procedure and steps largely talk about the hypothesis in a theory.
Snehanshu Bhushan, School of Law, Sharda University
Page: 2719-2729
This Paper gives a brief analysis of Competition Law in India and also other nations like Europe and United States of America. It starts with giving an insight to the Background of the Competition law i.e. with an explanation of the Competition Act 2002, the procedural aspect; how the act came into existence replacing the MRTP Act 1969 and the principle Objectives of the act. Also the paper discusses about the formulation of the Competition Commission in India to regulate the act. Also the paper highlights the basic roles and responsibilities of the commission. Below then in the paper are mentioned the relevant provisions of act that are as stated: Section (3) Prohibits Anti Competitive agreements, Section (4) Prohibits abuse of Dominant position, Section (5&6) Regulates Acquisitions, Mergers and Combinations, and Section (49) Mandates competition advocacy, detailed analyses of these headings have been provided in this paper. Also the paper discusses about the concept competition advocacy and its requirements in the nation.
Jatin Duggal, B.B.A.LL.B (Hons), Law College Dehradun, Uttaranchal University
Page: 2730-2741
The media enjoys freedom of conversation under Article 19 (1) (a) of the Indian charter which gives for freedom of speech, and as a prevent end result freedom of speech continues to be counseled within the media. Case and have an effect on the manage of justice if you want to purpose the management of justice. The media in immoderate-profile times via investigating the media and reporting may have a big impact on non-discriminatory justice issues and with a purpose to affect the control of justice and may result in mistreatment. To rule on the defendant regardless of the truth that the defendant is innocent. This paper specializes in how the media case impacts the defendants' right to sincere trial and to bring about a struggle amongst freedom of the press, equal trial and independence of the judiciary.
C.V. Shreya, Tamil Nadu National Law University, Tiruchirappalli
Page: 2742-2754
A democracy without dissent is not a democracy at all, and it is around this central idea that this article is written. The author takes a critical approach towards studying the trends of censorship in India, starting from the darkest age of Indian democracy, in 1975 following the declaration of emergency, until as recently as the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021. Taking reference to recent events and media reports, the article aims to provide the reader with an in depth understanding of where modern India stands in the global arena, when trend studies show that governments of other states are growing increasingly tolerant to content creators. The article studies various facets of censorship ranging from press freedom, film censorship and unreasonable restraints on the freedom of speech of an individual. The term censorship in the title is to be construed broadly, to mean any curtailment of expression. The author briefly studies the role of the central government in India’s censorship policies and studies the implications of the recent shift towards increased censorship observed in India.
Saraswati Kumari, Law College Dehradun, Uttaranchal University, Uttarakhand
Page: 2755-2771
Child is an important human resource with a huge potential which in the coming time can lead the nation towards success and development. Childhood is a very important phase where it can be moulded into any shape and it is very important where it is led to because it is what that will decide the future of the nation. The development of the nation is seen in every aspect, be it social, economic, cultural and moral aspects. India is a country where majority of the population is young which means that if they are channelized in the right direction then nothing can stop it from achieving success and it is also a country where the children are made to do labour in large numbers. Child labour is an evil practice which still exists. It is more prevalent in developing countries. As per Global estimates the working children account for 152 million out of which 64 million are girls and 88 million are boys. In the recent scenario the Covid-19 has made the situation worse and increased the number of child labors. The condition of many people in developing countries is not up to the mark. In India a huge population is living in poverty and one of the drawbacks of which is child labour.
C.V. Shreya, Tamil Nadu National Law University
Page: 2772-2781
Mandatory Voting Systems are based on the principle that voting is the civic duty of every voter and hence, a non negotiable aspect of democracy. This theory doesn’t view voting as a mere right of citizens but also as a responsibility, failure of fulfillment of which must be punished to promote deterrence. Decisions taken by democracies are far more legitimate when a higher percentage of the population participates, and this was recognized by the Belgium Government in 1892, becoming one of the first countries in the world to impose sanctions upon those who do not vote in elections. Today, more countries have joined this list, with the goal of increasing voter turnout and furthering the spirit of democracy. In India, too, discussions on the implementation of such a system have been in place in the Parliament since the enactment of The Representation of Peoples Act, 1950. While the initial position of statesmen in the country was clear regarding the impracticality of introducing such a system in India, the position of the country today is not as clear.
Ozasvi Amol, Amity University, Patna
Fariya Sharaf, Amity University, Patna
Page: 2782-2789
The present article holds constitutionalism as a feature or ideology towards nationhood. Constitutionalism must be distinguished from a similar term ‘constitution’. Narrowly, constitution is a way or road to political life whereas ‘constitutionalism is a normative political theory wherein the will of people, citizen, an elite or a party with an overwhelming majority has limited power’. In brief it imposes restrictions on the government. The constitution of a nation is like an organism which will grow and develop with the evolution in the society. Constitutionalism prohibits arbitrariness and preserves the basic freedom of the individual by maintaining their dignity in this way constitution must be permeated with the term constitutionalism by imposing some inbuilt restrictions. The Indian perspective of the term constitutionalism which makes it distinct is it’s self -consciously cosmopolitan character. At the core level constitutionalism signifies a politics of restraint.
Kanika Goel, Advocate enrolled with Bar council of Delhi & Student, LLM (ADR), Vivekananda Institute of Professional Studies (Affiliated to GGSIPU)
Page: 2790-2795
There have been numerous cases which reflects the fact that media has a great influence upon the public’s opinion and has started interfering in the judicial processes. The purpose of this article is to identify the extent of the influence which media trials exert upon public in formation of their opinions and the consequence of the interference witnessed with the court proceedings. Media trials have been encroaching upon the criminal justice system of India heading towards the dire assassination of an accused’s character even before his conviction. Subsequently, various case laws have been referred to justify the fact as to how the media trials have successfully troubled the fair and independent court proceedings and harmed the criminal justice system of the nation. The article specifically mentions how media from being the fourth pillar of the democracy is turning into a self-claimed entity to facilitate justice.
Lithika Shivani M, Students at SASTRA Deemed-To-Be University, Thanjavur, Tamil Nadu
Lithika Shivani M & Karthi Thiagarajan, Students at SASTRA Deemed-To-Be University, Thanjavur, Tamil Nadu
Page: 2796-2819
This is a work of research constructed to provide an overview of police brutality, and its history, along with identifying its scope and tracing a timeline of legislations/judicial pronouncements that attempt to check such offences. It endeavours to raise questions about cases of misconduct in specific situations such as curfew & custody and formulate remedies available to the public who fall victims to such outrage. This paper is a comprehensive study on the phenomenon of police brutality specifically in the Indian context.
Kush Khandelwal, Student, Symbiosis Law School Hyderabad
Page: 2820-2835
This paper will lay down multi-dimensional analysis on the topic in hand. The duties and rights of the defense counsel would be the constant theme of this paper. The researcher has adopted the systematic method of division of chapters to ensure equal emphasis on multiple aspects involved in this paper. Theses chapter will deconstruct the rights and duties of the defense counsel (Chapter II), lay down the Indian standing on the topic in hand. And lastly, the researcher proposes the reforms (Chapter – III). This paper shall establish the meaning of the term defense counsel and would lay down the various legal aspects governing this topic. Further the researcher would ensure and equal emphasis on duties and right with an ethical and professional point of view.
Manika Baliyan, Mewar University
Page: 2836-2841
Human conflicts are inexorable because society is a multifarious web of social relations.1 Therefore, one can never escape disputes, they are bound to arise. The only thing that is we are capable of resolving the disputes in a manner that are speedy, fair and inexpensive so that interests of the people are not affected.
Alternative Dispute Resolution is not just a dispute resolution mechanism outside court rather it is an active dispute resolution technique as it is he mechanism which needs least assets to resolve any dispute. The mechanism helps parties not to resort to any detailed formal court procedures rather it is only an agreement that the parties to any dispute have to arrive at amicably. In recent time the mechanism has gained widespread popularity both amongst the general public and the legal professionals. This is so because of the obvious observation relating to the pendency of the cases and the workload on the judicial officers.
Shivani Kukreti, Law College Dehradun, Uttaranchal University
Page: 2842-2848
Life is tough for all of us but some marginalized sections of the society live even tougher life than us. Transgender community is one of those marginalized sections which are newly recognized in India. Though the community and its rights are legally recognized by the state, there is still so much left that is eagerly needed to be done. This article tries to look into the reality of legal recognition. Further, it talks about the impact of the pandemic on this community and how much they suffering due to avoidance of the state, weak laws and evil pandemic.
V. Krishna Priya Lahari, Pendekanti Law College, Osmania University
Page: 2849-2859
Software is an intangible collection of instructions that governs how a computer system operates. Due of the peculiar characteristics of software, it does not fit into any of the traditional good categories. Unlike with other types of products, when a customer purchases software, he or she receives a licence to use the product as well as some other particular and specified rights that govern how the product is used. Software and computer programmes face serious market competition, and they are particularly vulnerable to economic loss due to the fact that they can be accessed without payment and are also prone to piracy and duplication. Additionally, as a result of intense competition, there is a significant risk of becoming obsolete very quickly, as competitors may immediately produce a competitive product. Not only would IPR protection secure the owner's economic interests, but it will also foster innovation and creativity.