Indian Journal of Law and Legal Research
ISSN: 2582-8878 | PIF: 6.605
Indexed at Manupatra, Google Scholar, HeinOnline & ROAD
Volume II Issue II
August - September 2021
Authors Can Find Their Manuscript Using [CTRL + F]
Bhavya Arya, Gujarat National Law University
Nasima Abidi, Gujarat National Law University
Page: 1620-1639
Cooperative banks are an important financial institution and play a pivotal role in the Indian scenario.1 They are owned by its associates, who are both owners and consumers of their banks. It is generally joined by individuals who belong to the same locality who has a common interest and it offers their people with a broad variety of services such as loans, deposits, ATM facility and current accounts.
Shivi Mittal, Jamnalal Bajaj School of Legal Studies, Banasthali Vidyapith
Suman Choudhary, Jamnalal Bajaj School of Legal Studies, Banasthali Vidyapith
Page: 1640-1647
India's populace of over 1.2 billion individuals is just second to China's. In addition to the fact that it is an enormous populace, it is religiously different. India's Hindu populace is almost 80% of its all out populace, with an expected 172.2 million Muslims, which makes it the third-biggest Muslim nation on the planet behind Indonesia and Pakistan.
T.R. Sudarsanan, Advocate At High Court Of Madras
S. Yamuna, Advocate At High Court Of Madras
Page: 1648-1665
In general, any person stealing another person’s property is considered as a crime all over the world but when someone’s thought or an expression is stolen by another person then there comes the difficulty before the court of law to prove such crime. Sometimes it is used quite specifically to refer to a specific kind of academic dishonesty.
Apoorva Thakral, Symbiosis Law School, NOIDA
Page: 1666-1674
The issue of right to privacy has been a constantly scrutinised topic of concern for over multiple decades. This question of right was first addressed in 1954 in India in MP Sharma vs Satish Chandra1. Ever since the pivotal role of privacy has been discussed and very recently has been made a Fundamental Right under Article 21 by the famously known Adhaar Case.
Yashika Nagpal, Amity Law School, Delhi (Affiliated To Guru Gobind Singh Indraprastha University)
Page: 1675-1696
The Indian textile, apparel and fashion industry is one of the pioneers in the world with an extensive manufacturing base and raw material. With the advent of globalisation, the increased commerce and trade has opened up gates for counterfeiters to use India’s low cost manufacturing base for production manufacturing and distribution of counterfeited products.
Shuchita Tripathi, Campus Law Centre, Faculty of Law, University of Delhi
Page: 1697-1702
Herman Wouk rightly pointed out that income tax returns are the most imaginative affliction being written today. If one does not want his income tax return to look fictional he needs to know the income heads well. The article deals with the five income heads under the Income Tax Act in a brief manner.
Pavan Kumar.R, Associate At White Lion Legal, Bengaluru
Page: 1703-1714
In terms of information technology, the blockchain might be the most significant breakthrough since the Internet. Aside from serving as a backbone for the Bitcoin digital currency, the blockchain provides a unique answer to the age-old human problem of trust.
Naimisa Madduri, Symbiosis Law School, Hyderabad
Page: 1715-1727
The urge for a uniform civil code has increased immensely in the recent times where the rule makers as well as the implementers find it difficult to appease all divisions of the society. The personal laws related to religion or state have increased the urgency for the implementation of a uniform code of law.
Agrata Jain, KIIT School Of Law
Anita Mishra, KIIT School Of Law
Pratyasha Roul, KIIT School Of Law
Page: 1728-1738
A trademark is a distinguishable insignia, gesture, term, or logo that signifies a certain product and legally differentiates it from all other related products. A trademark identifies a substance as belonging to a certain entity and identifies the company as the owner of the brand.
Anuncia William, Symbiosis Law School, Hyderabad
Page: 1739-1751
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted in the year 1979 is an international human rights treaty, whereby the participating countries are required to eradicate all forms of discrimination against women in their respective lands and promote a state of equal status/rights for both the sexes.
Srishti Dey, LLM, UPES Dehradun
Page: 1752-1767
Rape is defined as anal, oral, or vaginal penetration without consent of a woman. It is one of the most heinous crime amongst all crimes that takes place in this world and the victims of rape are the women largely.
Prince Kataria, LLB, Law Centre II, Faculty of Law, University of Delhi
Page: 1768-1772
The trial Court convicted one Hitesh Verma (hereinafter referred to as the ‘accused’) for the offence of that an offence under Section 3(1)(r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and his conviction as well as sentence was upheld by the High Court of Uttarakhand. Hence the matter arose before the present court via grant of Special appeal.
Prince Kataria, LLB, Law Centre II, Faculty of Law, University of Delhi
Page: 1773-1781
The High Court of Bombay convicted one Bal Thackrey (hereinafter referred to as the ‘appellant’) for the offence of that an offence under Section 2(c) of The Contempt of Courts Act, 1989 and whether his conviction as well as sentence was passed in accordance with the Section 15 of the said Act by the High Court. Hence the matter arose before the present court via grant of Special appeal.
Suyash Shrivastava, Indore Institute Of Law, Indore
Neelakshi Joshi, Indore Institute Of Law, Indore
Page: 1782-1798
The Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement was introduced after successful lobbying by the developed nations, in order to protect the creations of mind at the transnational level and upend duplication of their efforts in other countries.
Sonali Khandelwal, Bharati Vidyapeeth Deemed University, New Law College, Pune
Page: 1799-1807
As countries, global organizations, and private donors have invested strongly in the rule of law and human rights over the past two centuries, attorneys have achieved prominence in transnational law and institution reform initiatives.
Sara Maheshwari, Symbiosis Law School, Pune
Page: 1808-1816
The Right of Children to Free and Compulsory Education Act, 2009 or Right to Education Act (RTE) was enacted on 4th August 2009. It is one of the most significant legislations towards universalisation of education in India.
B. Madhana, Assistant Professor, Sathyabama School of Law, Sathyabama Institute of Science and Technology
Page: 1817-1825
The prime center is to change the degenerates and give consideration to the unprotected children. To the extent practicable, a child to be rehabilitee and re established to the family. The article assessed the Juvenile Justice System in India in the light of protected reasoning and International parameters.
Rupesh Kumar Singh, Dept. of Law, Aligarh Muslim University
Page: 1826-1935
Right to freedom of speech and expression is one of the most cherished rights and sacrosanct in nature. It is regarded as first condition of liberty and backbone of robust and vibrant democracy. It includes freedom to hold opinions and convictions regardless of any interference and to seek, receive or impart any information and ideas through any medium.
Aashna, Jindal Global Law School, O.P Jindal Global University
Ankita Singh, Jindal Global Law School, O.P Jindal Global University
Page: 1936-1942
India being a constitutional democracy follows a Westminster model of governance, wherein its operations are divided into three essential organs, namely the legislature, the judiciary, and the executive. Each of these organs is obligated to perform its independent functions so that a ‘separation of powers’ is maintained and no organ can overpower the other.
Aashna, Jindal Global Law School, O.P. Jindal Global University
Nimisha Patra, Jindal Global Law School, O.P. Jindal Global University
Page: 1943-1955
This paper is an attempt to understand confessions concerning the admissibility, reliability, and validity of such confessions in the custody of a police officer taking into consideration technological advancement, through judicial precedents and case laws.
Bhavya Nayyar, Fair Field Institute of Management and Technology
Usha Jamnal, I.M.E College of Law
Page: 1956-1962
A Right without remedy is meaningless formality. It is the remedy which makes right real” these were the words of Dr. Ambedkar when he was describing the Article 32 of the Indian Constitution. The Article 32 of the Indian Constitution is said to be the “the protector and the guarantor of fundamental rights”.
Anju Krishna, Amity University, Dubai
Page: 1963-1977
In the last few decades, there has been an increase in the amendments made to the fundamental rights in the country. These changes have helped in the overall development and welfare of the nation. But, an unlimited power given to the authorities for the amendment of these fundamental rights can do more harm than good.
Faizanur Rahman, Assistant Professor at Faculty of Law, Jamia Millia Islamia, New Delhi
Mohammad Haroon, Research Scholar at Faculty of Law, Jamia Millia Islamia, New Delhi
Page: 1978-1985
The entire world is facing the challenges of COVID-19 outbreak which has changed the socio-economic scenario of the world. Millions of painful deaths during this pandemic are speaking a lot about its severity.
Moumala Bhattacharjee, Assistant Professor, Department of Juridical Sciences, JIS University
Page: 1986-1996
Due to the outbreak of COVID 19, when social distancing and avoiding physical contact became a norm that restricts the “dhanda (a colloquial term meaning 'business') of the sex workers. School of their children turned out of lack of devices like smartphone, internet facility, etc which is needed for online classes.
Gaurav Vardhan, Delhi Metropolitan Education (GGSIPU), Noida
Page: 1997-2003
What is law and legal theory is one of the majorly asked questions in jurisprudence, and under this context where do we place American realism (legal realism) and Scandinavian Realism is mostly debated, however there are various other questions that also arise like whether these realists have contributed to the development of legal theory or not and whether or not legal realism amounts to legal theory.
Smeet Kamble, National Law School of India University, Bangalore
Page: 2004-2012
This article mainly deals with the effects of using Artificial Reproductive Techniques on the inheritance rights of the children conceived through these methods. The analysis is largely comparative between laws of jurisdictions like the various states of US, Canada, Australia and United Kingdom and comparing them to the laws made in India.
Ananya Mukherjee, Independent Corporate Lawyer
Padmini Subhashree, Editor, Transfin
Page: 2013-2026
A progressive and enlightened world order envisions a gender uniform society where men and women are treated alike. However, the reality in the Indian sub-continent is pretty abysmal in this regard with the constant and continued perpetuation of gender biases.
Samhita R.H. Nidigattu, Law Graduate from OP Jindal University, Sonipat, Haryana and an LLM Candidate at the University of Dayton, Ohio.
Page: 2027-2041
GST as a concept has been around for half a century now first initiated in France, most countries around the world have implemented GST in some form or the other. Its a destination and consumption based tax collected on sales revenue, compared to the other alternative of value added tax that is collected on every single product.
Samhita R.H. Nidigattu, Law Graduate from OP Jindal University, Sonipat, Haryana and an LLM Candidate at the University of Dayton, Ohio
Page: 2042-2050
This paper attempts to analyze the subjectivity caused by semiotic and symbolic structures in religious fundamentalism in Spain in the 20th century with regards to women’s property rights.
Ashwin Satheesh, School of Law, Christ (Deemed to be) University, Bengaluru, Karnataka
Lilian Grace Thomas, School of Law, Christ (Deemed to be) University, Bengaluru, Karnataka
Page: 2051-2063
The right to start a family constitutes an essential part of the right to live with a meaningful existence. India’s LGBT community has been subject to scores of extreme discrimination and violence in addition to lack of opportunities in public life since the colonial era.
Pintu Babu, Innovation & Knowledge Associate, PSL Advocates & Solicitors
Ayushman Patnaik, 3rd Year at Department of Law, Maharaja Agrasen Institute of Management Studies
Pushkar Deo, 4th Year at UPES Dehradun
Page: 2064-2073
The emergence of the online platform industry, supported by the adoption of modern digital tools and internet has led to India's phenomenal expansion in the online food delivery business. Recently, this industry has seen the development of new companies like Swiggy and Uber Eats, as well as evidenced that older players such as Zomato adjusting their business strategies to match with the industry’s needs.
Ayush Gaurav, Christ Deemed University, Bangalore
Page: 2074-2079
Prostitution has a long history in India, having been seen as an ideal until the nineteenth century in British India, and is now a widely accepted societal reality. The trap's victims are impoverished individuals, unskilled and uneducated segments of the population, who serve as the goal for tissue exchange; wealthy organizations exploit them and profit from their plight.
Danish Khan, Jamia Millia Islamia
Page: 2080-2088
A progressive thought by a named as Friedrich Nietzsche , that contradicts the views of religions, especially monotheistic religions about the idea of suicide. Just like the Complex definitions and dimensions of Suicide , the idea against suicide also varies with religions.
Amrit Rathi, Jindal Global Law School, Sonipat
Page: 2089-2096
The paper focuses on the reasons coupled with precedents, statistics and anecdotes of different countries so as to prove that why it is of the utmost need to abolish capital punishment through various contentions such as capital punishment failing the objective of deterring people from committing crimes, the death penalty being discriminatory against the poor people hailing from weak socio- economic background.
Manjeet Singh, LLM, 2020-21, School of Law, Raffles University. Neemrana, Rajasthan, India
Page: 2097-3007
This article examines how globalization facilitates economic crime and how it can promote more effective mechanisms to prevent and combat economic crime. It uses the framework of routine activity theory to explain transnational economic crimes and then presents a range of crimes. With exemplary types of cross-border violations.
Sivarama Krishna Prakash, Research Scholar, Alliance University
Page: 3008-3024
AI is broadly described as either: narrow AI (also referred to as “weak” or applied AI), which carries out a function such as data processing; or artificial general intelligence (AGI or “strong” AI), which is hypothetically capable of “the whole domain of human thought.”
Tanmay Sharma, Symbiosis Law School, Nagpur
Page: 3025-3031
This research paper is about a topic which is being practiced in India from very long time but not many people know about it or not even heard about its name. open air prison is a concept of different type of prison for those criminals who are about to complete their imprisonment, and they are mentally and physically not compatible to mix up with open world so as to do so, those inmates who have a continuous good behavior and had maintained decorum in their imprisonment.
Shashank Shekhar Singh, LL.M in Criminal And Security Laws, Rashtriya Raksha University
Page: 3032-3037
There is so much news, evidences, facts related to Coronavirus which are alluding towards that the SARS CoV-2 is not natural or wild but Man made. No country in this world can say that they are absolutely free from Covid-19.
Sanskruti Harode, Symbiosis Law School, Pune
Page: 3038-3056
The concept of corporate criminal liability has been hotly debated ever since its inception. And using this judicial doctrine to tackle Corporations who engage in ‘Environmental crime’ has been a relatively recent development in law. The administrative and civil nature of the law enforcements that are in place to punish cases of environmental violations have proved to be insufficient in deterring other violators.
Sanskruti Harode, Symbiosis Law School, Pune
Gowri Krishna, Symbiosis Law School, Pune
Page: 3057-3066
Copyright law over the years, has developed, transformed and expanded its scope, to serve impetus for developing artistic work. The same has been extended over, since the advent of technology, specifically towards computer programs and AI related technology.
Iesha Sharma, University of Petroleum and Energy Studies, Dehradun
Page: 3067-3074
This paper deals with the issue of the Fluid Trademark under the Trademark Act. With the changing of the times, the emergence of technology and business, and the digital change, the new kinds of the mark that are the fluid mark seems to be emerging and the big companies have been using it to attract the consumers and for expanding their business in the online era.
Mitshu Patel, Kirit P. Mehta School of Law
Page: 3075-3082
Medical profession is known as an esteemed profession. However, the health workers have often been put under scrutiny because of the rise in medical malpractice cases. Studies have found that medical disputes frequently emerge as a consequence of lack of communication.
Edgar. K, Tamil Nadu National Law University
Page: 3083-3097
The concept of crime has been a very predominant trait of the human being itself when his actions infringe the rights of others. Along with defining punishments in the criminal law justice system, the concept of punishment has been an inherent part of the growth of criminal law jurisprudence.
Sankalpita Pal, Symbiosis Law School, Pune
Page: 3098-3106
The significance of trademarks truly reflect through its reach and recognition amongst the general public. It is not necessary that any and every trademark is well-known. However, when trademarks do become famous to the point of eclipsing over a process/method of preparation or becomes synonymous to a category of goods and services, they lose their distinctiveness.
Dr. D. Kannan, Assistant Professor (SS), The Tamil Nadu Dr. Ambedkar Law University
Page: 3107-3115
In this technological arena, every one using internet access with techno-transaction in every aspects of day today needs in their life.Every stakeholder who is using electronic accessibility of their everyday life businesses activity and its participation in the society, the breach of law is inevitable event and its prevalent,so in order to protect and safeguard bona fide stakeholders and their legal rights have to be monitored under legal frame work The person who is disorderly orinsolent law abiders have to be controlled in an appropriate legal control and impose restrictions through digital law.
Deewanshi Agrawal, University of Petroleum and Energy Studies (Dehradun)
Page: 3116-3127
Begin with Duties of a man and rights will follow as spring follows winter1 I learned from my illiterate but wise mother that all rights to be deserved and preserved come from duty well done. Thus, the very right to live accrues to us only when we do the duty of citizenship of the world.
Gabriella Judith Martin, Symbiosis Law School, Hyderabad
Page: 3128-3142
Surrogacy is a widely debated topic, with the concern of ethics conforming to the medical standards as well as the socio-political domain. Commercial surrogacy in particular has been the centre of this debate since it has been viewed as exploitation of the human body and exceeds the natural means of reproduction.
Saieraje Keshavrao Patil, Jindal Global Law School
Page: 3143-3151
To ensure right to a family to the children who have been rescued, elope and/or abandoned by their families, adoption is the solution. In order to make these adoptions more successful and efficient, India needs a Foster Care system.
Garima Yadav, NMIMS, Kirit P. Mehta School of Law
Page: 3152-3161
Impossibility can exist at the moment of contracting or develop afterwards. It could be a matter of physical or legal impossibility. In any situation, the agreement is null and void from the start. The point is that the law can't make the impossible happen.
Nikita Gill, O.P. Jindal Global University
Page: 3162-3166
The monetary payments made without actual currency notes and through the portal of the internet or the services incidental thereto are termed as digital payments. All the transactions of digital payment are done online.
Yuvakeerthana K, Chettinad School of Law, CARE
Shanmuga Sundaram R, Chettinad School of Law, CARE
Aditi Shanmugam, Chettinad School of Law, CARE
Page: 3167-3178
In the recent years jail jurisprudence developed to secure inborn privileges of detainees and for the proper administration of penitentiaries. Accordingly, in the first place, the current legal structure of the penitentiaries organization must be changed, Criminal law should be altered, another Prisons Act ought to be instituted and all Jail Manuals should be updated.
Mehar Bedi, O.P. Jindal Global University
Millia Dasgupta, O.P. Jindal Global University
Page: 3179-3186
Article 19 tries to ensure our right to dissent by granting us the freedom of speech. But due to certain nuances in the article itself, it fails to reach its goal. In this essay, we critique Article 19(2) through the lens of contempt of court and sedition laws.
Advocate Raghav Sood, GGSIPU
Page: 3187-3195
A cryptocurrency is a virtual currency that is protected by cryptography, which deems it impossible to be forged or double-spend-Based on the blockchain technology. Blockchain is a system of recording information that makes it difficult or impossible to change, hack, or cheat the system-Legality of Cryptocurrency- India and worldwide.
Shourya Kackar, Symbiosis Law School, Hyderabad
Aarushi Utpal Dey, Symbiosis Law School, Hyderabad
Page: 3196-3206
The fundamentals of the justice delivery system lie in the mode of its delivery. Dispensation of justice of holds little to almost no significance if not served on time. “Justice Anand rightly said that “People want justice, pure, unpolluted, quick and inexpensive and they have every right to receive the same”.
Manya Gupta, Amity University, Noida
Page: 3207-3214
Force and Criminal force under Indian Penal code, 1860 both have different meanings. In this research paper it is explained in a very detailed manner what is the basic difference between these two sections and what is the judicial approach where we will study a few cases where this concept was raised and decided upon.
Ilakkiya K, Sastra Deemed University, School of Law
Page: 3215-3221
Sports have played an integral part in human life. It has been a necessary component for human development and good health both physically and mentally. It promotes a sense of friendliness, team spirit, confidence, discipline etc., among people.
Jai Pradha T Ma, Faculty of Law, University of Delhi
Page: 3222-3228
This article brings out the social conditions existed during Ancient tamilaham and how the caste based inequalities emerged through bakthi movement and patronization received by the preists during historic times.
Arvind Singh Kushwaha, PhD (Law) Scholar at University of Delhi
Page: 3229-3333
The existence of Federalism can be dated back to the formation of two government governing same subjects. However, it was brought as a part of law by the United States. After their independence, they widely followed and implemented this concept. This
Abhinesh Soni, Symbiosis Law School Pune
Soumya Goswami, D.E.S. Shri Navalmal Firodia Law College, Pune
Page: 3334-3347
Covid-19 has severely impacted the world and had forced different countries affected by it to bitterly undergo either complete or partial lockdown in order to curb the threat.
Tejaswi Sade, Damodaram Sanjivayya National Law University, Visakhapatnam
Page: 3348-3354
Sextortion, a crime that has yet to come in time. An abnormality that has to be legitimately recognised in our social ecosystem. An occurrence that is recurring but rarely discussed. 'Sextortion' is a crime found at the crossroads of sex assaults as well as corruption, which calls upon the legislators to tackle this problem.
Vidisha Joshi, LL.M. Student at Hidayatullah National Law University, Raipur
Page: 3355-3372
The development and widespread adoption of artificial intelligence (AI) has left very few sectors untouched, and the healthcare sector is no exception. AI provides efficient solutions to a number of challenges peculiar to the healthcare sector.
Neha Chandeliya, Law College of Dehradun, Uttaranchal University
Page: 3373-3385
Surrogacy law is a growing jurisprudence. Such a growth essentially speaks volumes about a nations social and economic ethos, India has witnessed several laws and Regulations in this subject, but none of them have been up to the mark and so they have been changed time and again.
Sehaj Singh Kataria, Symbiosis Law School Noida
Manav Mitra, Symbiosis Law School Noida
Page: 3386-3395
The article “A Critical Evaluation of Modification of An Arbitral Award” This is an essential topic since Section 34 of the Act explains how to set aside an arbitral award given by an arbitral tribunal, which requires courts involvement.
Heta Thakar, NMIMS School of Law
Page: 3396-3411
Admiralty Law involves both domestic law on maritime events, and private international law prevailing the interactions between private entities operating ships. Admiralty law comprises the law that governs activities that happen at sea, such as maritime business, ships and other nautical aspects.
Anurag Jain, Symbiosis International (Deemed University), Symbiosis Law School, NOIDA
Shailza Agarwal, Symbiosis International (Deemed University), Symbiosis Law School, NOIDA
Raghav Sachdev, Symbiosis International (Deemed University), Symbiosis Law School, NOIDA
Page: 3412-3434
The raison d’être of the paper is to dispense an overview on the Intellectual Property concerns associated with vaccines. Providing an introduction about the history of patents and vaccines and the linkage between the two, the paper proceeds to discuss how a plethora of fields are impacted in the process of patenting vaccines, both positively and negatively.
Misthi Saha, Department of Law, University of Calcutta
Page: 3435-3457
There has been a lot of discussion on Right to privacy over the years and its application in various aspects. The decision in Mr. X v. Hospital Z is based on a unique subject wherein the Supreme Court of India has pronounced the landmark judgement discussing the right to privacy in relation to an HIV/ AIDS patients.
Adv. GHILA C G, Advocate in Thrissur Bar
Page: 3458-3468
The adversarial process is currently clutched with many pitfalls like increasing pendency, lack of sufficient resource, minuscule multiplication of number of courts and large vacancies in these institutions.
A Comprehensive Excursus Over The Case Of Intellectual Property Protection Waiver For Covid Vaccines
Himanshu Singh, University of Lucknow
Page: 3469-3484
The indispensable advent of proven and efficacious vaccines against Covid-19 - which has claimed over 4.16 million lives so far, emerged as an ebullient source of light holding the greatest promise to resolve the darkness of this pandemic.
Ashima Negi, Student, LL.M, Law College Dehradun, Uttaranchal University
Page: 3485-3496
Bifurcation of people on the basis of their caste, creed, race, gender, or religion has been an unavoidable evil in almost every civilization in the world. Reservation and other techniques related to it are tools through which socialist states endeavour to bridge the gaps between different classes of people.
Prathiksha Chandra, Christ Academy Institute of Law
Kushal Raj, Christ Academy Institute of Law
Page: 3497-3506
India being called as the country which follows “sanskar” and who live their livelihood according to the “puranas” and “scriptures” left behind by the Gods and Sages themselves are looking at a gradual alteration in their lifestyle over the period of centuries.
A Study On Role Of Tribal Women In Collection Of Forest Product And Joint Management System In India
Dr. Dimpal Mesta, SDM Law College, Manglore
Page: 3507-3516
Since time immemorial forest has been the habitat of the tribal people in all the countries with tribal population. In India, almost all the tribal groups are found in their forest habitat. Forest is a resource, but not just a resource or collection, of trees.
Case Analysis: Hussain Bhai Calicut V. Alath Factory Thozhilali Union, Air 1978, 1978 Air 1410, 1978
Punam Balodia, KIIT SCHOOL OF LAW
Page: 3517-3519
With the huge number of legislations that have resulted from it, Indian labour laws appear to be extremely protective of its unorganised sector, but the truth speaks for itself, with labour being a topic of Concurrent List.
Ananya Bhatnagar, Symbiosis Law School, Hyderabad, Symbiosis International Deemed University, Pune
Page: 3520-3524
The desire and motivation of parenthood has been mostly described as a reproductive concern for women, while men’s interest, their decision-making, their reproductive experiences have not been assimilated to a large extent.
Ahamed Yaseen S – VIT School of Law
Page: 3525-3536
Freedom of religion is a fundamental human right to believe, declare and operate or perform something based upon their conviction. Such rights are accepted under various international instruments like Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, etc.
Manik Dev, 4th Year, BBA-LLB(Hons.), SRM University Delhi-NCR, Sonepat
Page: 3537-3549
These words are one of the most quoted on ‘World Elder Abuse Awareness Day’ on June 15th. But like rest of the world, we Indians do not seem to care about elders as much as we claim.
Siddhi Singh, Amity University, Lucknow
Page: 3550-3557
The process of liquidation and insolvency is not unknown in the corporate world. In order to promote and encourage the ease of doing business, it was imperative, that, a legislation which strictly caters to the present needs of the business and economic environment, be established.
Sachhi Sinha, Banasthali Vidyapith
Page: 3558-3567
One of the most important factors regulating Indian Economy is that of Agriculture as more than half of our population was as well as is based on it for living specially the rural areas.
Pallavi Agarwal, Jindal Global Law School
Page: 3568-3573
Caparo Industries plc vs Dickman is one of the most important cases studied in tort law. This is because a three-leg test was identified in its course, that is, the Capapro test. This test was widely used for the determination of the existence ‘duty of care’ in negligence lawsuits.
K V Vibu Prasad, SASTRA University, Tanjore, Tamil Nadu
Akshayan K S, SASTRA University, Tanjore, Tamil Nadu
Page: 3874-3583
Misuse of people for their benefit has a long history. Trafficking in persons is an insult to human dignity and an assault on their freedom. It can be either cheap labour or the sale of women and children or using the victims to fulfil their sexual desire but the common people stay unaware and are unable to differentiate human trafficking from other crime.
Janees Rafiq, Lovely Professional University
Page: 3584-3609
The basic concepts and expectations that led to the establishment of the United Nations (UN) dates back to the beginning of statecraft and humankind’s first efforts to foster worldwide cooperation. The treaty of the Peace of Westphalia of 1648 is regarded as first effort in fostering international cooperation.
Apeksha Dhoka - T.Y BBA LLB (Hons.) MIT WPU Faculty of Law
Page: 3610-3514
When I was a child I always enjoyed going to aquariums and marine parks. I always wondered how these animals are trained, as they performed so well in the shows assigned to them.
Shefali Soni, School of Law, DY Patil University
Page: 3515-3536
DOI: A231
This Paper mainly focus upon the Impact of merger of SBI that has caused to profits & losses also to the Indian Economy. Merger basically help the institution to grow up & it is believed that it is better to work together then working alone.
Professor Dr. Hema V. Menon, Professor and Head, Department of Law, Dr. Ambedkar College, Nagpur
Dr. Swati R. Chiney, Associate Professor, Head-Dept. of Business Laws. Symbiosis College of Arts & Commerce, Pune
Page: 3537-3550
DOI: A232
In India; with the rise in - life expectancy, senior citizens’ population, cost of living, migration of young people, number of nuclear families, withering away of joint family system and covid pandemic effect - there would be certainly a rising issue of financial and social insecurity of elderly population in near future.
Akshita Saran, Banasthali Vidyapith
Page: 3551-3561
DOI: A233
This paper aims to analyse the role of the government of a nation in maintaining and protecting the integrity and security of its citizens, especially during the period of crisis.
Ishita Goel, Symbiosis Law School, NOIDA Symbiosis International (Deemed University)
Page: 3562-3567
DOI: A234
In, Academy of General Edu., Manipal and ors. v. B. Malini Mallya AIR 2009 SC 198 the supreme court ordered that even dramatic literature exists, dramatic works cannot be similar to literary works.
Chandra, Assistant Professor, SOA National Institute Of Law, SOA University, Bhubaneswar
Ritwika Mazumdar, LLM , KIIT University, Bhubaneswar
Page: 3568-3577
DOI: A235
The newest and most difficult challenge in the cyber industry is cybercrime. A very significant proportion of arrested criminals seemed to be using no technology to mask their identities during the period studied in this research.
Mr. Rohtash, Research Scholar, Department of Laws, Panjab University, Chandigarh
Page: 3578-3590
DOI: A236
Legal empowerment means humanising the law and illuminating the justice. Distributive justice is all about the procedural fairness in the allocation and distribution of the societal, material, natural and national resources.
Suchint Krishna, Symbiosis Law School, Hyderabad
Page: 3591-3599
DOI: A237
The Coronavirus, better known as COVID-19, has become an inherent feature of our daily lives that we have grown so accustomed to and has drastically impacted several facets of the same.
Aastha Gilda, MIT WPU, Pune
Page: 3600-3605
DOI: A238
An emergency may be distinct as a tough situation arising unexpectedly or failure of constitutional machinery and demanding instant action by public authorities under power especially granted to them by the Indian constitution.
Deep Kumar Mohanty, University Law College, Utkal University
Sanskruti Mohanty, University Law College, Utkal University
Page: 3606-3626
DOI: A239
This manuscript deeply delves into the various objectives of PM cares funds and makes a legal interpretation with the queries and general concerns regarding transparency issues raised by few general citizens who wanted to know the detailed account of how the money collected was being spent for the public during these stressful corona times.
Kopal Kesarwani, O.P. Jindal Global University
Page: 2627-3637
DOI: A240
Formal equality application lays the focus on ‘difference’ however substantive equality concentrates on ‘disadvantage’. The following research paper is on analysing whether the Indian judgements based on gender equality have moved towards a substantive approach or a formal and narrow-minded approach.
Arkadeep Pal, Alliance School of Law
Page: 3638-3654
DOI: A241
This paper attempts to analyse the dissenting opinion of Justice Radhabinod Pal’s during the Tokyo Trials. The analysis will look into aspects of jurisdiction, sovereignty, and the Pan-Asian aspect of Justice Pal’s dissent
Harmeet Kaur Ghai, MIT-WPU Faculty of Law, Pune
Page: 3655-3660
DOI: A242
COVID-19 has caused a worldwide disruption in the past 2 years. It has affected the lifestyle of every human being. The impact of COVID19 on the environment has been a mixture of positive and negative. The lockdown situation during the Covid19 pandemic may have a mixed impact on the environment which maybe a short term or long-term effect.
Girija Shankar Sarangi, KIIT School of Law, KIIT deemed to be University
Biswa Shanti Tripathy, KIIT School of Law, KIIT deemed to be University
Page: 3661-3666
DOI: A243
Wherefrom does the term ‘delegated legislation’ come from? Any provision contained in a bare act does not, in most cases, furnish all the details as to the special circumstances, exceptions to different classes of people, etc. especially in the execution process of provision.
Sanya Devadatt Hemgude, Maharashtra Institute of Technology
Page: 3667-3670
DOI: A244
How often do we wonder about eating the delicious and savory chicken back to our way to home from work? Yes many times, we all enjoy our favorite foods and the most popular one across the world being chicken
Manu Gupta, Amity Law School, Noida
Page: 3671-3684
DOI: A245
"The shift in the way disability is viewed as a social construct rather than an individual pathology must also translate into linguistic shift in the way such persons are referred to.
Ritwik Mahanti, KIIT School of Law, Bhubneshwar, Odisha
Page: 3685-3701
DOI: A246
Many countries today in our world are deciding whether or not to legalize active Euthanasia. One of its major criticisms is that it subsequently leads to what some experts called a “slippery slope” in which Euthanasia is even extended to even those categories of people who do not require it.
Ananya Choudhary, Institute Of Law, Nirma University
Page: 3702-3712
DOI: A247
From ancient time, rape is considered to be a heinous offence. But even after the decades, the punishment for this heinous offence as under IPC remains static.
Vishal Anand, Postgraduate from Chanakya National Law University, Patna, Bihar
Page: 3713-3730
DOI: A248
There are various rights in different statutes in India including the Constitution of India for the protection of accused. Some of these rights come under the ambit of basic human rights and some comes under the scope of fundamental rights as guaranteed by the Constitution of India.
Azka Khanam, MIT WPU Faculty of Law
Page: 3731-3736
DOI: A249
It is a commonly accepted notion that the one who dirties is solely responsible for cleaning up too. This is just what The Polluter Pays Principle preaches.
Raunak Jain, Symbiosis Law School, Pune
Page: 3737-3745
DOI: A250
One Person Company is a perception which has taken the classical concept of limited liability and joint stock and added features of sole-proprietorship to the same, thereby resulting in the addition of the favourable features of such sole-proprietorship concern to a company.
Pradhyuman Singh Panwar, B.A LL.B (Hons.), Gujarat National Law University, Gandhinagar
Page: 3746-3754
DOI: A251
The position of law prior to the Constitutional (One Hundred and Second Amendment) Act, 2018 (“Amendment”) was that the Centre would have their own list (Central List) and the States would have their own respective lists (State Lists) of Socially and Educationally Backward Classes (“SEBC’s”) (who would be eligible for reservations under Article 15).
Meghna Sharma , Bennett University
Page: 3755-3765
DOI: A252
Homophobia and transphobia are some of the evils of our Indian society which has been present from ages. Prior to some landmark constitutional judgments, the basic rights were denied to the LGBTQ community and their existence and identity were simply ignored by the society.
Gowri Krishna, Symbiosis Law School
Page: 3766-3773
DOI: A253
In the light of conflicting views on reformative v/s deterrence theory of punishment, one of the crucial points of discussion is the commission of heinous crimes by juveniles, i.e., individuals who are 18 years of age or below.
Ojaswani Dixit, Symbiosis Law School, Hyderabad
Page: 3774-3781
DOI: A254
The two most important aspects of politics are the support of the public and media coverage and attention. In recent times, media has been provided with several platforms through social media, influencing the general public's opinion on things ranging from trivial to significant.
Christo Sabu, Symbiosis Law School Hyderabad
Page: 3782-3798
DOI: A255
According to the United Nations, Climate change refers to the long-term shift in the weather patterns and temperatures. Studies show that greenhouse emission has reached the highest levels. Consequently, the earth is now about 1.1°C warmer than it was in the late 1800s.
Meghna Nauhal, Student, LLM, Law College Dehradun, Uttaranchal University
Page: 3799-3805
DOI: A256
Domestic abuse is always brought up in the context of women. The culprit is always thought to be a man. Domestic violence, however, is no longer restricted to women due to recent socioeconomic developments influencing family structures.
Rangasree. M, Symbiosis Law School, Hyderabad
Page: 3806-3814
DOI: A257
Population development was relatively sluggish and quite constant in the long term during most of human history. In general, fertility was very high, but, net population growth was detained in intermittent conflict, hunger and illness, allowing for a time to rise, after a dramatic decline significantly over that of one of two centuries earlier.
Biswadeep Dutta, KIIT School of Law
Page: 3815-3841
DOI: A258
Indian banking framework revolves around the daily lives of the millions of population, it is directly involved in the daily lives of the individuals as most of them have put their live savings entrusted into the banks.
Manu Nagar, LLM, Law College Dehradun, Uttaranchal University
Page: 3842-3848
DOI: A259
The right to freedom of speech is seen as a crucial component of the larger field of human rights. As can be observed in the recent political and social spheres all around the world, there have been some disagreements on this right.
Malvika Singhal, Delhi Metropolitan Education, GGSIPU
Page: 3849-3858
DOI: A260
India is a country that is one of the ancient civilizations of the world. With thousands of years of history and culture, some activities are prevalent even in the 21st century. One such practice is 'Prostitution'. Female prostitution marks the inception of the sex industry.
Nitin Srinivas. J, School of Excellence in Law, TNDALU
Page: 3859-3866
DOI: A261
Sports became an integral part of our life. It is seen across all over the world and importance now a days is given on a massive scale as it contributes about 5 percentage of GDP.
Laxmi Mohana Dasyam, Jindal Global Law School
Page: 3867-3872
DOI: A262
This paper seeks to analyse the special and exclusive position held by property rights in India and how due to its unique recognition in the Constitution of India and its successive reproduction not only resulted in a dilution of rights but also posed a threat to the basic tenets of public law and interpretation of the Constitution.
Aryan Srivastava, Christ Academy Institute of Law
Surima Singh, Christ Academy Institute of Law
Page: 3873-3878
DOI: A263
The article studies the compassionate appointment and its validity in general and how it is necessary for the families whose sole bread earner dies in harness & constitutional validity of compassionate appointment by carrying out analytical study of various judicial pronouncement and specifically assessing the position of married daughter as member of family for appointment in govt jobs based on ground of compassion.
Rimjhim Dasgupta, IP, 4NBIO
Page: 3879-3885
DOI: A264
Synthetic biology (SB) is an emerging trans-disciplinary field that has given a new dimension to biological aspects of science. Emerging science and technology fields are increasingly expected to provide solutions to societal grand challenges.
Pooja Rani, Assistant Professor, Silver Law College, Bareilly (U.P.)
Page: 3886-3895
DOI: A265
Increased life expectancy and lower mortality rates have resulted in a rapid increase in India's elderly population. The elderly in India are at much higher health risk due to poor economic conditions, low literacy, and poor hygiene.
Tufel Sharif, G.H. Raisoni University, School of Law, Saikheda, M.P.
Page: 3896-3902
DOI: A266
With the advent of Novel Corona virus in the nation, there was chaos across the nation. The entire functionaries were stopped and the halt on the working hours due to nationwide lockdown. People were stagnant and bared to step out from their places.
Priyanka Bhattacharyya, Amity Law School, Kolkata
Page: 3903-3914
DOI: A267
The concept of unjust enrichment was founded in English law on the principle of assumpsit, or "had and received," The doctrine of unjust enrichment is general equitable principle which states that no person should be allowed to profit at another's expense without making restitution for the reasonable value of any property, services, or other benefits that have been unfairly received and retained.
Kamiya Gupta, Jindal Global Law School, O.P. Jindal Global University
Page: 3915-3925
DOI: A268
Ever since the World Bank put “governance” on its agenda as a development model in 1989, the concept has gained much clout. However, it is imperative to understand that “good governance” was coveted ever since the interplay of mankind and polity spearheaded, by virtue of which, some forms of government were organically understood to be more citizen-centric; Triunity of democracy, rule of law, and liberty can be seen as a crucial index of the network between civil society and governance in this regard.
Rasika P. Bangre, Symbiosis International University
Page: 3926-3934
DOI: A269
The fiscal federalism lays down independent sources of revenue that are assigned to the federal government and the units which are autonomous within their defined spheres.
Samanyu Pokhriyal, Symbiosis Law School, Hyderabad
Page: 3935-3943
DOI: A270
The medical profession is considered one of the most difficult and noble profession. Life is believed to be god given and a doctor is considered to be a life saver. There are certain complications that accompany the medical profession.