Journal Title : National Journal for Legal Research and Innovative Ideas
Frequency : Quarterly
Volume : 3
Issue : 3
Period : April - June
1. PRE‑INSOLVENCY PROCEEDINGS IN PRIVATE INTERNATIONAL LAW
By- Parineeta Goswami, Assistant Professor of Law, SRM University, Sonepat (Haryana)
•Abstract
In the ten years following the financial crisis, various "light touch" financial restructuring strategies, such as pre-insolvency proceedings, have proliferated. Between a straightforward contractual workout, which falls under the purview of contract law, and a formal insolvency or rehabilitation procedure, which falls under the purview of insolvency law, these proceedings occupy a place on the spectrum of insolvency and restructuring law. While discussions of the cross-border consequences of pre-insolvency procedures have only just begun, international insolvency instruments currently tend to define insolvency proceedings very broadly. The issue is whether pre-insolvency proceedings ought to be classified as insolvency-related proceedings for the purposes of private international law. When cross-border insolvency law is built on universality and unity, there is a risk that it may be too inclusive. The issue is whether pre-insolvency proceedings ought to be classified as insolvency-related proceedings for the purposes of private international law. Cross-border insolvency law has the risk of being too all-encompassing, which, if it is founded on universality and unity, can go against contractual expectations. This article makes the case, however, that we should be cautious before excluding pre-insolvency proceedings from cross-border insolvency law because these proceedings are started in the insolvency zone, their effectiveness is based on a statutory mandate rather than just private ordering, they interact and intersect with formal proceedings, and they can gain from the special system developed by cross-border insolvency law.
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2.ORGAN TRAFFICKING AS A FORM OF HUMAN EXPLOITATION: A LEGAL EVALUATION IN THE CONTEXT OF INDIA
By- Advocate Abhishek Sunar
•Abstract
Organ trafficking is perhaps the most obscure forms of human trafficking. Despite startling global initiative to tackle this crime, the response has been disastrous and imperiously addressed. The prevalence of this issue has jeopardized and resulted into globalized organised crime of organ trafficking. This illicit trade has burgeoned since the majority of the Indian population still lives under abject poverty and are deprived of acceptable standards of living. Seeingly, organ diffusion has become an unscrupulous and inadvertent crime in India where it has indoctrinated an intersection between the world of organized crime, impoverished organ doners and unformattable recipients. In this research, the dogma is intended on the questions which is conflated with the trade and legal complications upon the human organ trafficking cited as a means to organ trade and peddling. The law enforcements has been riled and wobbled in combating human trafficking which has become futile and unreliable. Therefore, the indispensable void and unacquitted actions have rendered in constituting a mechanism which is in lieu of the laws in India and preluding observations in dealing with the facets fathomable in the global sphere. The purview of my article is to expound upon the efficacy of the perennial legal mechanisms and procedures to combat organ trade or peddling in India with the reference to other existent international domains. Consequently, the purview is to scrutinise the prevailing transnational and regional legal instruments dealing with organ trafficking via comprehending intrinsic observations in dealing with the questions disseminating organ trafficking not extant with the overwhelming paradigms. Henceforth, the research would expound upon distinguishable approaches to consort with the prevalent issues of organ trafficking by improvising the existing legal measures, international cooperations and determining the panacea for such overwhelming cases in present times.
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3. DUTIES AS FOUNDATION OF EGALITARIAN SOCIETY IN INDIA: AN OVERVIEW
By- Dr. Prem Chandra [Associate Professor of Law (Research Officer, Dr. B.R. Ambedkar Chair), Sardar Patel Subharti Institute of Law, Swami Vivekanand Subharti University] & Dr. Ashutosh Garg [Advocate on Record, Supreme Court of India, New Delhi]
•Abstract
Human is born free and want to enjoy this freedom to the maximum extent. However, with the changes in living of human being from wandering animal to a societal creature, the conflict of interest has been a natural phenomenon among individuals. To regulate the human desire to act freely and the convenience of other individuals, machinery naming State came into existence in order to recognise the individuality of individual. In circumstances of conflict between individuals, it was inevitable for the State to recognise the basic rights of every human and also at the same time not allowing interference in the freedom of others. The freedom of other altogether is a right. Therefore, how to ensure the right of every one has been the cardinal difficulty of all the States. And for that what should be the point of consideration, has been the issue of focus. Thus different ideas have come in to deal this situation. In some ideas rights have been stressed upon whereas in some have emphasised on the duties. This article is an attempt to see from the point of view of duties.
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4. Child Performers, Challenges and Employment Regulations : A Comment on the Labour Law Jurisprudence
By - Vaibhavi Gangadhar, Law Student, Symbiosis Law School, Pune
•Abstract
The Indian Entertainment Industry has as of today employed a wide range of individuals, be it on screen or off screen, working in the capacity of actors, singers, spot boys, stuntmen and even children. Child Performers in this country are identified at very young ages and are given the blessed opportunity of pursuing their interests in the field of fine arts. While this is the fancier side of things, the truth behind leading such a life, as such a young age can seem more stressful than glamorous. Child Performers put their education, childhood and even their safety at risk by agreeing to artistic projects at such a young age. This paper aims to analyse the various Employment Regulations that the Indian Legal System has in place and provide recommendations to minimise the challenges faced by them.
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5.NATIONAL JUDICIAL APPOINTMENTS COMMISSION VS COLLEGIUM SYSTEM : AN ANALYSIS
By- Priyanshu Kumar, Law Student, CHRIST (Deemed to be University), Delhi NCR Campus
•Abstract
It is considered that the most important pillar of Indian Democracy is the Judicial system which is based on the ‘British established legal system’. This is the only pillar of Indian democracy in which all Indians have a lot of faith as evidenced by the large numbers of cases that come every day. However, the Indian Judicial system has recently come under the fire for its procedure of selecting judges. Articles 124 and 217 of the Constitution of india establish the procedures for appointing judges to the Supreme Court and the High Court respectively. The Collegium system based on the ‘Three Judges case’ was responsible for appointing judges. But in the year 2014, Parliament passed the National Judicial Commission Act, 2014 which has some loopholes, the most significant is executive intrusion in judicial appointments. In this paper we are going to deal with the issue in the NJAC and Collegium system and also which is the best method for appointing judges through certain facts and evidence.
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6. INJUNCTION UNDER SPECIFIC RELIEF ACT, 1963 WITH HELP OF CASE LAWS
By- Swati, Law Student, Rajiv Gandhi National University of Law, Punjab
•Abstract
This paper explores and understands the concept of an injunction under the Specific Relief Act, 1963 through case laws and conditions and exceptions involved under the section. This usually answers the questions: what is an injunction, what are types of injunctions, and when and how injunctions are granted or refused. The questions generally formed are to study the injunction in deep. Various statutory provisions and recent case laws have also been discussed to understand the concept deeply. The sources used primarily in this project include the Specific Relief Act, 1963, and such acts and legislation. The use of various articles and websites related to legal points are also referred to. To study cases various platforms such as SCC Online are used. Hence, in most circumstances, the compensation is insufficient to provide relief to the plaintiff, but an injunction can protect the plaintiff from further damage while also ensuring that the offender does not do another wrongful act on the same property. People who are dealing with legal concerns or who are in agony want relief as soon as possible, and an injunction is one tool that can assist them to do so.
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7.MEDICAL NEGLIGENCE DURING COVID-19 ERA IN BANGLADESH : AN ANALYSIS OF LAW AND PRACTICE
By- Md. Mohsin Hasan Abir, LLM Student, Department of Law and Human Rights, University of Asia Pacific, Dhaka, Bangladesh
• Abstract
Medical negligence is a major human rights concern that has a strong impact on the right to life and the right to healthcare services. Many of the significant amounts of medical negligent cases proceed without legal remedy that leads to a rigid situation in which public faith in medical care providers is lost. The Constitution of Bangladesh ensures the right to life and recognizes the right to health care. Bangladesh is already a party to a number of international treaties through which the government is supposed to maintain and support the rights. During Covid-19 pandemic era, medical negligence has recently become a well-liked subject of concern and debate in many developed states, and many of them have already enacted and created different health care laws to improve health care laws. However, in Bangladesh there is no specific and comprehensive legislation to prevent medical negligence though many legal provisions are there under different statutes, which are not precisely codified. The quality of care in medical negligence has traditionally been important for external professional decision assessment. This article provides a review of medical negligence by the USA and the United Kingdom. In addition to that, this paper explained the available remedy or legal actions under the present laws. Under the supervision of the civil society, a responsible medical institutional framework supported by effective laws and regulations may create a fair and convenient health care system in Bangladesh.
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8. SEDITION : PROTECTION OF PEACE OR TOOL FOR TYRANNY?
By- Sidharth Nambiar, Law Student, Jindal Global University
•Abstract
The Indian Penal Code's Section 124A defines "sedition" as a crime and includes the following provisions. “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law.” Every citizen has the freedom to express themselves, but this freedom can be limited by putting in place acceptable limits. Sedition requires either a disturbance of the peace or the incitement of violence as a necessary element. In a democracy, freedom of speech and opinion is a fundamental virtue that is of utmost importance according to our constitutional structure. However, Article 19 permits the imposition of reasonable limitations on this freedom . Every democratic institution depends on the freedom of speech, thus any attempt to restrict or stifle this right would be incompatible with the democratic system. Therefore, it may be said that freedom of expression is essential to a democratic constitution's operation and is a component of human autonomy or self-fulfilment. The following paper deals with the history of sedition and how it has been used by people in power over the course of colonial Indian history and post-colonial India, following which the various courts’ interpretation and understanding of the law is mentioned and the paper also deals with arguments for the continuation of the law and its possible application today.
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9. Can Living Organisms be Considered Intellectual Property? Understanding the Scope of Patenting Microorganisms
By- Nikita Chauhan, School of Law, UPES, Dehradun
•Abstract
A microorganism can be defined as any organism that is visible under the microscope, and includes an array of organisms including bacteria, fungi, viruses etc. Patenting of microorganisms is a subject that often attracts a lot of attention. It is known that a patent is granted over an invention, and it is generally used to protect intellectual property like technical inventions and solutions. The three major grounds that are utilized to grant patent include novelty, non-obviousness and utility/ industrial application. Hence, when these two subjects are seen in co-relation, one can observe that microorganisms are neither new nor non-obvious, since they are found naturally in the environment, without ‘invention’ being an element in this situation. However, the fact that microorganisms have a significant contribution in various medical procedures, scientific developments, genetic modification, food preservation etc. is proof that they form an important part of various inventions. Different countries have adopted different approaches, with some giving landmark judgments to shape the legal framework on the topic, and others prohibiting the practice altogether. Another complexity here is the ethical approach towards the use of living organisms and patenting them. Hence, it is quintessential to analyze the international instruments to understand the scope of patenting living things. It is also necessary to look at India’s domestic legislations to determine the country’s stance on this issue.
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10. A CRITICAL STUDY ON THE RIGHTS OF THIRD GENDER
By -Simran Andrade, Law Student, School of Law, UPES, Dehradun
• Abstract
The Indian Constitution acts as the country's legal and political document. It has taken a long time for the people of the country to accept the laws and safeguards granted to them by the law of the land. As a result of the country's federal structure, both the federal and state governments are autonomous in their respective sectors. This invites a complex framework and method for the nation's functioning, resulting in certain lingering challenges in the country. As the nation aspires to reach the pinnacle of accomplishment in embracing the law of the land in its entirety, some social and political difficulties must be examined. There are some issues that necessitate the authority to delve into the depths of reforms and the construction of a new legal framework for Indian citizens. One such issue we deal in today’s time is recognising the rights of third gender. The moral dictates and judgments of society frequently shape an individual's identity. Individuals who seek to challenge these with their personalities, sexual orientations, and inclinations, on the other hand, are frequently shunned, abandoned, and labelled as the "other" . They are usually left with no other option for a living than begging or singing at weddings, having been abandoned by their families and stigmatised by negative stigmas. Despite their vulnerability to harassment and violence, their suffering goes largely unnoticed. This only serves to highlight the community's helplessness and neglect. Various rights granted to this community are seldom potent and welfare measures hibernate on paper. Despite the Indian Constitution's lofty promises to prevent all forms of discrimination, there is controversy about the idea of gender and the implications of such a restriction on third-gender rights. With the Supreme Court's pro-active approach in the NALSA decision, transgender rights have received a lot of attention, which will be explored further in the paper. This research paper intends to shed light on the murky world of pain and prejudice that this minority has been confined to in India by highlighting the historical growth of transgender individuals and examining their position in jurisdictions around the world.
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11. Raising the Bar : The Need for Increasing the Age of Criminal Liability under the Indian Penal Code
By. Silvy Sheetal, LLM Student (Constitutional and Administrative Law), Christ University, Bangalore
•Abstract
A pebble, when thrown in stagnant water, creates whirlpools that magnify and spreads across the water's surface. A thought, idea, or opinion when protruding towards a child's mind, magnifies with intensity. Each whirlpool may have a positive or negative impact on the child's mind which ultimately shows in their actions. Thoughts become things. The action of the child gets directed accordingly. The historical Indian penal code, of 1872 under its codified sections brings in stringent punishments for delinquents above the age of twelve when proven with a crime. Such actions have negative implications in the minds of the child and their future ahead. The paper elaborates on the confusion doli incapax creates when it comes to its application, also the various theories by socialists and thinkers on the cognitive growth of such children and the influence of society in the growth and experiences of a child. The actions of the delinquent do not receive an equal and opposite reaction rather the action of the state costs everything to the child. Based on the degree of their violence and patterns of behavior make these theories a strong piece to understanding the brain of a child. The age of criminal liability in India is less in comparison to many other countries that believe that adding a new leash to a child's life through help is better than years of imprisonment.
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12. THE ANALYTICAL STUDY ABOUT CORPORATE FUNDS AND ELECTORAL BONDS IN ELECTIONS IN INDIA
By - SAHITHYA. R, Law Student, SCHOOL OF EXCELLENCE IN LAW - THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY
•Abstract
In every aspect of life, there will be inducements. Like a mother gives food for the nourishment of children. A father gives money to the family for the betterment of their status. Parents have to pay school and college fees for their children to study well. This goes round and round like a cycle. This is the most basic aspect of life. To think in bigger ways, in every field we have to give something to take something in return. An investment has to be made in a business. So, these are legal ways to account for money for which we pay tax. Similarly, in elections, there is an investment, which we call funding. This funding was provided by a corporate firm. The Indian government does not directly fund parties or independent election campaigns. Hence, private entities play a role in political party funding. It is a method used by political parties to raise funds for their campaigns and day-to-day activities. Funding political parties is one aspect of campaign finance. Another concept known as the "Electoral Bond" between political parties and corporate firms plays a significant role in elections. Electoral bonds lodged an attempt to bring transparency to political financing in India.
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13. A PHILOSOPHICAL INTERPRETATION OF THE RIGHTS OF TRANSGENDER PERSONS: A CRITICAL ANALYSIS
By- Nidhi D Murthy, Law Student, Christ (Deemed to be University)
•Abstract
The transgender community has been subjected to discrimination and ostracization since time immemorial. They face discrimination and are often victims of molestation, eve-teasing, social exclusion, and other brutal societal attacks. Receiving the recognition of the ‘third gender’ was expected to improve their status and acceptance in the society although no significant improvements have taken place in the recent past. The primary purpose of this research paper is to document the philosophy behind the rights of transgender persons, the difference in opinions presented by various jurists/ philosophers in reference to equal opportunities, distribution of wealth, representation in the society, etc. The author attempts to analyse and understand the different approach presented in support of transgender persons rights such as John Rawls’ theory of fairness, Martha Nussbaum’s capability approach, etc. Through this research paper, the author attempts to understand the reasoning behind the struggle of discrimination of transgender persons in the society, with the help of secondary sources of data and understanding of the philosophical theories given under various Feminist jurisprudence theories. Furthermore, the author attempts to conclude that even after enacting several laws to protect the interests of transgender in the country, the problems of discrimination, the lack of employment, lack of regulation and implementation of statutes still persist in the country.
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14. DOMESTIC CRIMINAL LAW [SUBSTANTIVE AND PROCEDURAL LAW]
By- Akarsha Bajpai, Law Student, University of Lucknow
•Abstract
The criminal justice system is examined in this article along with recommendations for change. Its examination of domestic violence shows that the government's consultation in this area misread the issue it sought to solve, separating coercion and control from physical abuse while in fact they are both essential components of the phenomena as a whole. The current criminal code ignores this purpose to control, the full extent of the victims' suffering, and the fact that the wrong is pattern-based. After coming to this conclusion, it evaluates whether a specific offense is a viable candidate for reform and, after determining that it is, it presents a suggestion for a particular offense of domestic violence was created to address the three issues it had before noted. The judicial system must respond to domestic abuse in a coordinated and systematic manner. Even though the Indian Criminal Code's Section 498A is one of the most important changes to the penal code defending women's rights, it is insufficient. Because it is challenging to alter police culture, it is important to keep in mind that the criminal law is in fact a blunt instrument. Even while the law may recognize domestic violence against women as a crime, the police may still refuse to cooperate and successfully enforce it. We must embrace a new approach to policing, the victim empowerment model, which will establish pro-arrest practices and social support networks inside the police station, in order to move toward the successful implementation of Section 498A. The recently approved Protection of Women from Domestic Violence Law, 2005 is essential in that context because it provides legal protection for women who are victims of domestic abuse.
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15. INTERNPRETING ‘PERFORMING RIGHTS’ IN THE INDIAN COPYRIGHT ACT TO APPROPRIATELY PROVIDE FOR SINGERS RIGHT
By- Ananya, Law Student, Presidency University, Bengaluru
•Abstract
The paper aims to analyse the concept of Performer’s Right in the Indian Copyright Act, 1957. The concept of Performer’s right is a comparatively a new legal concept in India. In India we can see that Performers have been given different set of rights. A performance is an intellectual production of the performer in the same way that an inventor's development of any product or technique is. However, the current legal framework does not grant equivalent rights to performers. The usage of the performer’s right can be seen the most in the entertainment industry. India is blessed with numerous talented personalities which keeps the entertainment industry ever evolving and rapidly growing. But with this rapid growth and ever evolving industry also comes along with threats to these talents. A singer puts his/her heart and soul into beautifully singing a song, but we can see few instances where those recording are used in unlawful manner, hurting the performing rights that the singer holds. The main purpose of the performer’s right is to protect the hard work and labour of such performers, and to provide adequate remedies in case of infringement. The concept of performer’s right has been derived from various international conventions that India has ratified. The rights of a singer has also been inculcated under the purview of Performer’s right.
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16. Revisiting the relationship between law and morality
By - Mr. Ghalib Nashter ( Assistant Professor Department of Law, Aligarh Muslim University, Malappuram Centre, Kerala) & Yaqoob Murtaza, Law Student, Department of Law, AMU Malappuram Centre.
• Abstract
Is there any relationship between law and morality? This has been a controversial point in the history of legal system. The legal positivists reject the existence of nature law and they regard the law as command backed by sanction. The main exponents of legal positivism are Austin, Kelson, and Hart. On the other hand, natural law theorists reject law which is immoral. They say that there is a necessary connection between law and morality and without morality, no law can serve the real purpose of society. The main exponents of this school are Saint Thomas Aquinas, Thomas Hobbes, John Locke, J. J. Rousseau, Immanuel Kant and Fuller. The main point of controversy between these two schools starts when the law is morally bad and when established meaning of a particular word seems obsolete and it is not clear what the rule requires. After revisiting Hart and Fuller long debate which is related to relationship between law and morality, we can reach to a conclusion that morality is intrinsically related to law in certain specified areas and can be a controlling factor in certain circumstances. Obviously both notions have their common foundation and function and they have a complementary and supplementary relationship with each other.
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17. ELECTRONIC EVIDENCE IN COMPUTER FORENSICS FOR CRIMINAL INVESTIGATION: AN ANALYSIS IN INDIA
By: Rohit Garg (Law Graduate, FIMT SCHOOL OF LAW, affiliated to GGSIPU) & Muskaan(Law Student, IME Law College, affiliated to CCSU).
•Abstract
The rules for what can be presented in court have loosened up significantly in recent years. Legislative changes in India reflect this shift as well. As part of India's commitment to the United Nations Commission on International Trade Law, the Information Technology Act of 2000 (hereinafter the Information Technology Act) became law (UNCITRAL). The Indian Evidence Act of 1872 (henceforth referred to as the Evidence Act) was updated to include provisions on electronic evidence, legitimising and encouraging global electronic commerce. The burden of proof for primary evidence lies with section 64 of the Evidence Law, while section 65 places the onus on the proponent of secondary evidence. When it comes to determining the truth of a matter, primary sources are the gold standard. This category does not include all possible types of evidence, so anything else is considered secondary. The burden of proof for the admissibility of secondary evidence rests with the party making its presentation. Electronic evidence must be proved in accordance with Section 65B of the Evidence Act per Section 65A. Schedule II of the IT Act amended the Evidence Act by adding Section 65B. This is a legal principle governing the acceptance of digital evidence. Under the conditions laid out in subsections (2) through (4) of section 65B, it establishes that information contained in an electronic document is admissible as evidence and original (5). Therefore, a certificate issued after finishing the section 65B checklist must be included with every piece of electronic evidence.
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18. The Campaign Ethics and People’s Choice
By- Mohammad Younus (Research Scholar and Instructor) & Parth Raman Law Student, University Institute of Legal Studies (UILS), Chandigarh University, Punjab.
•Abstract
What people think or needs, what is the exact demand and necessary for the country according to own possibility, it never concern for the leaders of the sub- continent. Concept of socialism, secularism, communism, or democracy copied complete and religion is ready tools, except the country and its people’s demand or necessity based no theory sub-continent found at all. Compare to neighbouring country gave the best award and copied from western gave the legal license to everything of sub-continent. Though it is another distinct and long discussion, it puts here as relevant to present campaign and election process goes on and that is the concern where same things happens commonly, automatically, and subconsciously. Campaign is to connect with people, share views, offer to vote but not distracting- disturbing- psychological gimmicking environment creates to destroy the space to think- decide- judge properly candidate by people. No one can ignore the impact of environment, humans are not robots or machine. I need the power- “anyway”; just killed the ethics here where law comes. Campaign is the important integral part of the election but how and what kind of campaign, the another name of campaign is ‘electoral environment’, what kind of environment should have in election, what it’s purpose and what it served or doing actually, should there be checked it or reviewed it immediate as urgent as regular?
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19. EXPANDING HORIZONS OF RIGHT TO LIFE WITH DIGNITY UNDER ARTICLE 21
By- Arghya Sen, Law Student, Amity University, Kolkata
• Abstract
It is commonly acknowledged in constitutional law that throughout the last 75 years of constitutional interpretation, Article 21 of the Constitution has experienced eras of modifications. The way the Indian Constitution's Article 21 has been interpreted in the past is obvious from the court system's historical experiences. If we look back on many of the examples, we can see how the court system has used Article 21 of the Constitution to its advantage. Citizens, communities, and, lastly, the state must all work together to safeguard human dignity. However, since only the judiciary is actively defending it, certain philosophical issues may arise when respect for humans is taken to include claims to positive social goods and services such as food, clean air, an efficient transportation and economic system, medically drinkable water, a means of livelihood, appropriate nourishment, and so on. This paper focuses on the expanding horizons of the right to life with respect to the evaluation of the concept of human dignity.
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20. LIABILITY FOR HUMAN RIGHT VIOLATIONS IN INTERNATIONAL LAW
By- Dr. Deepthi Rodda, Research Assistant, Damodaram Sanjivayya National Law University, Sabbavaram, Vishakapatnam.
• Abstract
The present article gives an idea of the delimitation of the individual criminal liability institutions and international legal liability based on the principles of determining the jurisdiction of national courts in relation to international crimes and the jurisdictional principles of international criminal judicial institutions. Clarifying the concepts like the subject (ratione materiae), temporal (ratione temporis) and territorial (ratione loci) competence of international criminal judicial institutions. Main issue discussed is the separation of responsibility of states and individuals for the commission of the same crime in the field of human rights, thus, giving an idea of the main components of international crimes in the field of human rights. The article analyzes the scope of international responsibility generated by human right violations. To this end, part of the review of what they are and what they mean human rights and what has been its evolution; also briefly reviewed, legal bases of international responsibility on the part of states and non-state entities, as well as individuals, while making a parallel reference to the jurisprudence most important international conference on the subject.
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21. GAFA: Fight of Antitrust
By- Yash Pratap Singh, Law Student, New Law College, Pune
•Abstract
This paper dealt with four big technology companies of the world and the strategies used by them to dominate the market. It discussed how they are becoming so big in terms of resources and capital, and why it is necessary to stop them. For the detailed understanding, it discussed the major competition laws and their applicability in the cyber world. Referring to mainly primary sources and few secondary sources it analyzed the application of the competition laws of the country like USA, Europe, China, and India. It will give you a new perspective that privacy and data protection laws are not the only necessity, we need to have antitrust or competition laws that are fit for the digital world as these big tech companies are eating up or suffocating the emerging companies. It also discussed how the legislators and judiciary of countries are realizing and taking active steps to maintain a competitive market.
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22. Legal and policy measure to prevent drug abuse in India
By- Aabil Husain, Assistant Professor, Department of Law, Prestige Institute of Management & Research, Gwalior
• Abstract
Drug abuse among youth is the major problem facing India today. To understand the reasons for teenage substance abuse conduct, various theoretical aspects were use and blueprint to curb drug abuse among the youth was also recognize. Consumption of the drug gives pleasure for a few minutes, but it has far-reaching side effects and Drug abuse or substance abuse refers to the use of certain chemicals for the purpose of creating enjoyable effects on the brain. This study is a study on drug abuse from the Indian perspective so this study is an attempt to discuss the Legal and policy measure to prevent drug abuse. The major drug laws and policy measures are in India. The Narcotic Drugs and Psychotropic Substances Act, 1985 and the Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act, 1988. Anyone who violates the NDPS Act will face punishment based on the quantity of the banned substance. But these laws are lack of implementation and lacunae in it. This study is an attempt to suggest social as well as legal responsibilities to control it. This study also is focusing on the problem of drug abuse and analyzes the existing law related to control the problem of drug abuse in India. The evil of drug abuse not only creates handcuff on the very idea of a better life but it also acts as an obstruction to the growth of the country. The legal framework which is available to counter the abuse of drugs is based on a rigid foundation. A lot more can be achieved by just efficiently implementing the existing laws and smooth the procedure.
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23. The interplay between Competition Law and Standard Essential Patent (SEPs) in India & Role of the Competition Authorities in the IPR field-analyzing the issues
By- Aranya Nath, Phd Scholar, Damodaram Sanjivayya National Law School Visakhapatnam & Gautami Chakravarty, Law Student, KIIT School of Law.
•Abstract
Inventors and companies require Patent protection under the Indian Patents Act 1970 in today's technologically driven world. Patent protection, especially Standard Essential Patents (SEPs), has competitive advantages where no stakeholders don't want to give up. When we look at Patents in the purview of Competition Laws, some irregularity arises. Still, presently varied cases are filed at intervals with the CCI, where SEPs & FRAND have excellent involvement in raising the question of whether or not or not companies and business enterprises promoting innovation can exercise monopoly power. Regarding standard Essential Patents (SEPs), the first case over here is Telefonaktiebolaget L M Ericsson (Publ), M/s Ericsson India personal restricted, wherever royalty payment relating to customary Essential Patents (SEPs) licensing is taken into account. The chapter addresses the three fundamental problems foremost, whether or not the Patent regime will move within the market with the complete support of Competition Law and therefore the primary roles of Competition Law in IPR keeping Patent in frontier read. The subsequent two problems tangled with one another relating to monopolization. Whether or not standard Essential Patents (SEPs) licenses are dominant and whether or not such dominance will cause abuse of patents. Licensees' preference for Section four of the Competition Law over Section 3(4), which deals with anti-competitive agreements, raises serious issues. During this chapter, the authors can articulate how the patents regime and competition law move within the market and, therefore, the operation of competition law authorities in participating to property, specializing in patents. It dismisses some common misconceptions regarding SEPs and FRAND.
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24. BATTLE BETWEEN ARTIFICIAL INTELLIGENCE AND FUNDAMENTAL RIGHTS
By- Sakina Merchant, Law Student, Rizvi Law College, Mumbai
• Abstract
We are at the cusp of technological change, Artificial Intelligence (AI) is rapidly coming into force in present world. Development in Artificial Intelligence have received broad attention by media, civil society, human rights bodies, academia and policymakers. AI is slowly being a daily part of our lifestyle with the invention of virtual assistants like ‘Alexa’ and ‘Siri’. While there is no doubt that such inventions are beneficial but with lesser legal regulations on these inventions, it becomes highly critical for the human societies. We know that Law cannot be static, with changing times even techniques and instruments in law may change. This article is all about an overview of Artificial Intelligence in relation with Law. Here author has researched the development of Artificial Intelligence not just in the field of law but covers every profession, it also talks about how AI is dangerous to Fundamental Rights of an individual and is a tool of discrimination.
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25. Socio-Political Impact of Farmers’ Movement (2020-21) in India
By- Aditya Pratap Singh, PG Student, Department of Political Science, Aligarh Muslim University, Aligarh
• Abstract
Kisan andolan started in order to protest against the new agricultural reforms. The govt of India introduced these three laws in June 2020, get them passed from parliament in September 2020. Which encouraged the farmers to protest against the reforms and gained mass support. Which to intervention of supreme court to suspend the farm reforms for 18 months, but protesters demanded the repeal of the farm laws by parliament itself. Protest continued throughout 2021, even in the covid second wave. And by November 2021 govt of India decided to repeal the farm laws. The protest had its social and political impact over the agricultural sector. It was the impact of social unity that protest turned into movement , farmer’s movement gave a new definition to word “BHAICHARA” , protesters considered every farmer as there brother throughout the nation , and SKM aimed to fight against the atrocities faced by any farmer throughout the nation at any point of time. Farmers movement is responsible for revival of khap panchayat ,in many meetings , women leaded and attended in large numbers , blurring the intrinsically patriarchal character of khaps. The fully throated entry of farmers from the boarding states of delhi has warring indications for the ruling party BHARTIYA JANTA PARTY. In this way the Kisan andolan was termed as a movement and had a great impact on agriculture sector.
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26. IPR PROTECTION AGAINST UNFAIR TRADE PRACTICES
By- Mayank Chamoli, Sharda School of Law, Sharda University, Greater Noida
•Abstract
The purpose of this article is to examine unfair trade practices in the field of intellectual property rights. This article aims to study and demonstrate how the concept of unfair trade practice interferes with the intellectual property rights. Moreover, this article analyses the interplay between competition law and intellectual property rights. The article highlights unfair trade practices in the context of intellectual property rights. At last, it evaluates the regulatory framework that governs these sectors. Before looking into a thorough evaluation of how unfair competition intersects with intellectual property rights, the question of what constitutes unfair trade practice must be addressed. The use of numerous deceiving, dishonest, or unfair methods to obtain business is referred to as unfair trade practices. Misrepresentation, misleading advertising of a good or service, tied selling, deceitful pricing, and non-adherence with the manufacturing standards are all examples of unfair trade practices. Such actions are regarded as illegal, and consumers have recourse in the form of statutory remedies. Unfair trade practices are also known as ‘deceptive trade practices’ or ‘unfair business practices.’ Unfair trade practices are common in consumer purchases of goods and services, tenancy, insurance claims and settlements, debt collection, and so on. The majority of countries’ unfair trade practices statutes were enacted between the 1960s and 1970s. Since then, several countries have enacted similar legislations to avoid unfair trade practices. They can occur in any industry and are frequently associated with the more conventional intellectual property claims of patent, trademark, and copyright infringement.
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27. A Business Entity's Role in Relation to Commercial Law: An Analysis
By - Kuldeep Sharma, BBALLB Student, Karnavati University
•Abstract
The business entity presumption is a bookkeeping principle that establishes a legal distinction between transactions made by a business and transactions made by the proprietor. It may also occasionally make reference to the division of several departments inside an organization. Each unit keeps track of its assignments and is responsible for its communications. It also applies to smaller endeavours; thus, it doesn't simply relate to the larger well-known substances. A solo proprietor should keep his transactions apart from those related to his firm. Additionally important for business with multiple duties is this notion. An organization might, for instance, operate both an airline and a hotel. In order to determine the organization's true assessment, it is customary for the organization to present the budget summaries of these two items separately. The two most well-known types of business components are "Sole Proprietorship," which simply refers to an individual who owns the business and is personally liable for its debts, and "Partnership," which is a formal agreement by two or more parties to manage and operate a business and share its profits. A body of law known as "commercial law" governs people, businesses, and merchants who participate in trade, sales, and commerce. Exchange between companies and customers is properly governed by commercial law. In order for the exchange to be handled properly, it creates a managed framework that is reasonable for the two groups. Without these arrangements of regulations that regulate how trade is conducted, it would create a wild west scenario that would drive both firms and customers nuts. Every commercial lawyer's job is to make sure that their clients' businesses operate in accordance with local regulations and legal requirements.
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28. GENDER NEUTRALITY LAWS - THE NEED OF THE HOUR
By- AKASH GARG STUDENT, U.I.L.S DEPARTMENT, PANJAB UNIVERSITY REGIONAL CENTRE, HOSHIARPUR, PANJAB UNIVERSITY, CHANDIGARH
•Abstract
The idea that everyone should be treated equally is instilled in everyone from the beginning, but as one gets older, the reality of a male-dominated culture becomes more apparent. The basic assumption is that Men are supposed to be strong and the breadwinner and women to be fragile and control the household. So, a number of laws were created to protect the considered weaker segment of society and to preserve their rights. The fundamental belief that males cannot be harmed was false, and as we can see now, there has been a rise in male harassment instances as well, which are unprotected by penal laws. Gender-neutral sexual harassment legislation is needed and should be enacted by the government in order to eliminate any accidental discrimination on the basis of gender and to provide equal protection to both sexes. However, the delay in its implementation may be linked to a lack of effective "Social and collective cry," as stated by the Supreme Court in dismissing the PIL on gender neutral laws.
In India, there are no laws that protect people of any gender from sexual harassment, therefore in addition to these two genders, the third gender, known as "transgender," which was recognised in the case of National Legal Service Authority v. Union of India, endures sexual harassment on a daily basis. It is necessary that such adjustments be made to the law to offer the necessary protection in the wake of social change. In this paper, the author has tried to show how and why these changes should be made by the legislature in the current penal statutes.
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29. A STUDY ON EVIL ASPECTS OF RELIGION IN INDIA
By- Ms. B. Madhana, Assistant Professor, Sathyabama Institute of Science and Technology & S. Nilesh Immanuel, Student
• Abstract
The word ‘RELIGION’ has various definitions given by various famous philosophers at many different period of time. In simple words religion means, “The belief of god and the activities surrounded by it”. Religion is not only about the context of God or goddess, but the activity surrounded by it is an threat to human society. The belief system, traditions which are followed for hundreds of years are compiled by unknown authors. And these belief systems are demanded to be obeyed without a second thought and question. All religions claim that they are the only way to God, but if it is so, why is that there are 4300 religions across the globe. Thus, with great confidence we could frankly say that religion is not the right thing to be encouraged in any part of the world and at any time. In particular religion, there are so many denominations under one roof which every denomination they claim that they are the right way to approach God.
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30. CASE COMMENTARY: Dhulabhai VS State Of Madhya Pradesh, AIR 1969 SC 78
By- Rachit Sharma, Faculty Associate-Law , IILM University, Greater Noida
•Facts
The appellants were dealers in tobacco and have their place of business in Ujjain. They purchase and sales tobacco use for eating, smoking and for preparing bidis. They also get their tobacco locally or import it from other states. At that time in Madhya Pradesh an act called Madhya Bharat sales tax act (act 30 of 1950) came into force on May 01 1950. under section 3 of the act, every dealer whose business in the previous year in respect of sales or supplies of goods exceeded by 12000 had to pay taxes in respect of sales only. under section 5, the tax was a single point tax and it was provided that the government should specify the point of sales at which the tax was payable i.e how much a person should sell to pay taxes. The section also fixed the minimum and maximum rates of tax, leaving it to government to notify the actual rate i.e the tax rate was not fixed, however minimum and maximum rate was fixed. Government later issued a number of notifications on april 30 1950, may 22 1950, oct 24 1950 and jan 21 1954. All these notifications-imposed taxes at different rates on tobacco as stated above i.e the tax was not collected at the rate which was stated above. The tax was not levied on sale or purchase on tobacco in madhya pradesh. the tax was collected by the authorities in varying amounts from the appelant for different quarters. The appellant served notices under sec 80of the civil procedure court which states that no suit shall be instituted against government / public officer in his official capacity until the expiration of two months’ notice.
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31. THE ROLE OF FREEBIES IN INDIAN ELECTIONS
By- Malladi Gayathri, Law Student, SASTRA Deemed University
• Abstract
On the face of it, a freebie is something that is given for free. In political terms, it is something that the political parties offer or promise to give, like free laptops, water, electricity, electronic devices, allowances, mixers, grinders, money, etc. These are mostly used as a part of the political agenda by the parties, in order to lure the public into voting for them.
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32. THE PHILOSOPHY OF UNIFORM CIVIL CODE IN INDIA
By- Sama Praneetha, Law Studen, Symbiosis Law School, Hyderabad
• Abstract
India is a secular state and the state shall not support any religion. People in India are free to practice any religion they like but this right is subject to certain limitations. This paper mainly discusses regarding Uniform Civil Code. The paper discusses regarding what is Uniform Civil Code? The issues pertaining to the enactment of uniform civil code, the need of uniform civil code in India and also deals with the case laws in which the court highlighted the need of uniform civil code. Part IV of Constitution of India deals with Directive Principles of State Policy. Article 44 of Directive Principles of State Policy deals with the Uniform Civil Code. As though it is not implemented yet it is very important in the interest of national integration. As we proceed in this current research paper it also discusses regarding personal laws in comparision with Uniform Civil Code. It also describes the gender biased provisions of personal laws. This paper also provides some suggestions for the proper implementation of Uniform Civil Code.
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33. UNIVERSAL COVID VACCINE DRIVE AND UNDERMINING OF FUNDAMENTAL RIGHTS : A STUDY
By- Advocate Vibhor Bajaj
•Abstract
We all have witnessed the devastation and destruction caused by the recent Covid pandemic. The world as we see it today is much different from the pre-pandemic world and with the pace at which the world is changing in this pandemic period, it would not be wrong to say that post covid world will be a lot more different. The pandemic led to events like global lockdown which were never seen before in human history. The pandemic had a catastrophic effect on the human world and the fight to recover from its deadly effect is going on but amidst all these efforts that are being taken by the authorities all around the globe, the legal system and rights of the people are being affected. On the one hand where people all around the world are happily surrendering their rights in hope of a normal world while on the other hand, the authorities around the world are enjoying authoritarian status. The question arises if the balance between the power of government and citizens’ rights is getting tilted in favor of the government.
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34. USAGE OF ARTIFICIAL INTELLIGENCE IN E-COMMERCE
By- Pratiti Deb, Christ University
•Abstract
Artificial intelligence (AI) is a wide-ranging branch of computer science concerned with building smart machines capable of performing tasks that typically require human intelligence. Using these technologies, computers can be trained to accomplish specific tasks by processing large amounts of data and recognizing patterns in the data. It is the science and engineering of making intelligent machines, especially intelligent computer programs. It is related to the similar task of using computers to understand human intelligence, but AI does not have to confine itself to methods that are biologically observable. Artificial Intelligence has already started to ease the human force with its applications. Predictions showed the extent of its promotion from single root artificial intelligence to its subclass machine learning and deep learning– AI is everywhere and does not step down from the limelight since its invasion across different fields.
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35. A NEED TO INTRODUCE IRRETRIEVABLE BREAKDOWN OF MARRIAGE AS A GROUND FOR DIVORCE: BECAUSE PEOPLE DO FALL OUT OF LOVE
By- Rithika Sridhar, Law Student, The Tamilnadu Dr. Ambedkar Law University, Taramani, Chennai
•Abstract
Should the grant of divorce be based on the fault of the party or should it be based on the breakdown of the marriage? This is a significant question where both the parties to a marriage are not at fault yet decided not to live together. It is when the marriage is beyond salvage and cannot be saved. As is often put pithily, those marriages are merely a shell out of which the substance is gone. It is unfair to let someone live a miserable life just because law says so. This article focuses on the importance of amending the Hindu personal laws to include irretrievable breakdown of marriage as a ground for divorce. Many developed nations has adapted to this new ground for divorce and the same is also discussed here. Major importance were given to the plight of parties to a broken marriage and hardships from a lengthy trial under the present divorce laws.
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36. UNDERSTANDING EFFECTS ON COMPETITIVE MARKET IN DEMERGERS, SPINOFFS, AND SPLIT UPS- BASED ON RELEVANT CASE STUDIES
By - 39. K S S Tanmayi, Law Student, Presidency University, Bengaluru
• Abstract
Demerger is a concept that is viewed as dividing or splitting the organisation into two or more parts and this is generally diving into to form smaller or less powerful players in the competition market but this also affects the market condition in various possible ways and this is what this research paper aims to discuss the different types of demergers and throw light on how these demergers affect the competition market and the laws involved thereof. This is explained with the help of some case studies in the cases of the demergers of different companies in different industries in the national and the international market. This included the possibility of monopolism, unfair competitive or trade practices or any other such adverse effects in the market.
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37. ANALYSIS OF THE MECHANISM OF INTERNATIONAL DISPUTE SETTLEMENT
By- Sarika Mittal & Aakansha Rani, Law Students, UPES Dehradun
• Abstract
When one made some claims against another claim but that state refused to accept that claim or makes a counterclaim then it will lead to an international dispute. The main aim of international disputes is to solve the dispute amicably without military intervention and force. Article 2(3) of the United Nation charter says that if any dispute arises between states, then that should be resolved amicably and peacefully. It is very important to note that international dispute settlement is the first step in war prevention because if the dispute will not be solved amicably then it leads to war or military intervention. Through negotiation and diplomatic relations also, settlement of international disputes can be done instead of going to court at the international level. International law has no central hierarchy because international law functions as per general agreement. Whenever there is any disagreement on some point which can be a matter of fact or law between two or more states or between two or more subjects of international law like international organizations and other non-state actors then it will be considered an international dispute.
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38. Corporate criminal liability
By- Shagun Srivastava, Law Student, Amity Law School, Lucknow
• Abstract
For the past many years, large-scale businesses have grown all over the world and taken control of the economy due to the growth of industrialization and globalisation. Almost every element of modern life is now significantly impacted by multinational corporations. India has made considerable progress in the struggle to hold corporations more accountable for their actions. In general, a human being—a person with a body and soul of their own—is said to have committed a crime. A corporate body may also commit a crime. The question of whether or not a company without a soul or body could be held accountable for a criminal conduct has long been a contentious issue in the law. The ideas of imposing liability have been evolved in numerous jurisdictions by attributing actus reus and mens rea to the corporations, accepting the involvement of corporations in criminal activity. The common law nations of England, the United States, and Canada were among the first to try to establish corporate criminal liability. English courts started to acknowledge corporate criminal culpability in 1842 when a firm was fined for breaching a statutory obligation, notwithstanding an earlier reluctance to punish corporations. Nonetheless, there was a lot of hesitation in recognizing corporation criminal liability for a variety of reasons. A firm can currently be found guilty of any crime, with the exception of those that call for a specific amount of intentionality on the part of the accused. This research paper has been taken as an effort to study the genesis of corporate criminal liability and its development in India over the past years. And brief of international scenario along with present legislative provisions and recognition in India , in context to criminal liability of companies.
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39. SHALL ARTICLE 15(3) BE CURBED?
By- Somya Pandey, Law Student, IFIM Law School
• Abstract
India, a democratic country that gained independence in 1947, is considered one of the most complex democracies, with a constitution that is considered the law of the land. The Constitution was framed in 1950 when the term "women" was the adjacent term of "suppressed". No doubt, the idea of making special provisions for women was widely accepted and appreciated gaudily because it was the dire need of the hour not to uplift the women of India but to make India a state where there is no discrimination as gender is concerned. The constitution makers ensured that there should be such provisions to protect the women from further evil as they have been suppressed for numerous years.
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40.Transgender Rights in India
By- Srishti Singh, Law Student, Kirit P.Mehta School of Law
• Abstract
Transgender Indians endure discrimination in all aspects of life owing to their sexuality. Transgender persons are born with human rights, yet society mistreats them and prevents them from achieving their aspirations. Transgender rights and human rights must be balanced because the Indian Constitution guarantees everyone the right to life and dignity. The public healthcare system's ability to treat transgender people should be one of the nation's top research priorities. Transgender Indians endure discrimination in all aspects of life owing to their sexuality. Transgender persons are born with human rights, yet society mistreats them and prevents them from achieving their aspirations. Transgender rights and human rights must be balanced because the Indian Constitution guarantees everyone the right to life and dignity. The public healthcare system's ability to treat transgender people should be one of the nation's top research priorities. Transgender Indians endure discrimination in all aspects of life owing to their sexuality. Transgender persons are born with human rights, yet society mistreats them and prevents them from achieving their aspirations.
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