ISSUE 1 - SEPTEMBER 26/2022
(1)- BATTLE LINES DRAWN: STUDYING THE HISTORY OF RESERVATIONS IN
INDIA.
AUTHOR’S NAME: Mr. Ankur Sood.
AFFILIATION OF THE AUTHOR: Advocate On Record, Supreme Court of India.
ABSTRACT:
OUR CONSTITUTIONAL FRAMEWORK IS BASED ON THE THREE AGENCIES OF THE STATE – THE LEGISLATURE, THE EXECUTIVE, AND THE JUDICIARY – MAINTAINING A CHECK AND BALANCE OVER EACH OTHER. THE OVERLAP BETWEEN THE FUNCTIONS, ROLES, AND RESPONSIBILITIES OF
THE ORGANS OF THE STATE OFTEN LEAD TO A TUSSLE BETWEEN THE JUDICIARY ON THE ONE HAND AND THE EXECUTIVE OR THE LEGISLATURE ON THE OTHER. THIS PAPER SEEKS TO STUDY THIS THEME OF CONFLICT IN THE CONTEXT OF THE ISSUE OF RESERVATIONS IN FAVOUR OF BACKWARD CLASSES. THE PAPER OPENS WITH A BRIEF INTRODUCTION GIVES A BACKGROUND TO THE THEME. THE NEXT SECTION OF THE PAPER EXAMINES THE KEY CONSTITUTIONAL PROVISIONS AND THE DEBATES IN THE CONSTITUENT ASSEMBLY DEALING WITH THE ISSUE OF RESERVATIONS. THIS IS FOLLOWED BY AN ANALYSIS OF THE POST-INDEPENDENCE JURISPRUDENCE ON RESERVATIONS WITH A SPECIAL EMPHASIS ON EXAMINING THE MANNER IN WHICH THE CONFLICT BETWEEN THE LEGISLATURE AND JUDICIARY WAS RESOLVED. THE FINAL SECTION OF THE PAPER PROVIDES SHORT
CONCLUDING REMARKS OF THE AUTHOR BASED ON THE ANALYSIS.
( Volume 1 Issue 1 – 2022 )( Publication Date 26/SEP/ 2022 )
( Download Full PDF )
(2)- SHOULD WE ALL BE FEMINISTS?
AUTHOR’S NAME – Prachi Singh, B,A.LL.B (Hons.), Fourth Year.
NAME OF INSTITUTION – Faculty of Law, University of Allahabad.
ABSTRACT :
This article aims at giving views about the need for feminists in society. It has been in a process that Feminism is majorly taken in negative connotation nowadays and thus giving rise to the criticism to the people promoting Feminism. But the correct view about Feminism is necessary to be made aware to the people that Feminism is not about giving only supremacy to the class of women and making others lie below this supremacy but basically
lies in bringing both classes of men and women upon equal stature. Thus there is a need for more and more people needed to make people know and understand the true meaning of Feminism and the true object of this campaign. And this article highlights the need for this ideology, all the constitutional provisions, and international efforts made in regard to equality and acceptance of correct methodology about Feminism and Feminists.
( Volume 1 Issue 1 – 2022 )( Publication Date 26/SEP/ 2022 )
( Download Full PDF )
(3)- MEDIATION IN THE MODERN SOCIETY.
AUTHOR’S NAME – Aafreen Manzoor, B.A.LL.B ( Fifth Year )
NAME OF INSTITUTION – Central University of Kashmir
“An ounce of mediation is worth a pound of Arbitration and a ton of Litigation”.
– Joseph Grynbaum
ABSTRACT :
Mediation is one of the modes of Arbitration that resolves the dispute between the people in a society. It is a supplement to the Court system. In mediation, a sort of autonomy is given to the parties. The object of the Mediation process is to preserve relationships, serve the people, minimise the conflicts in society, etc. The Mediation techniques consist of many stages and are discussed in the Article. The types of approaches used in the Mediation process are three-fold and have a drastic effect on the scope of Mediation. The term ‘Mediation’ is used interchangeably by some researchers. Though the concept of Mediation is a prerequisite for a competitive world today. It has been considered that Litigation alone cannot serve the purpose of dispute resolution. In this article, I have discussed the concept and nuances of Mediation with a highlight on the role of the Mediator. The laws are the bare perusal of our lives. Therefore, I have discussed the laws governing the Mediation process. Then the types of Mediation have been discussed. The court-annexed mediation and private mediation have been elaborately laid down. The scope of mediation has reached new heights in day-to-day life. The number of cases has been resolved throughout the years. At the end of the Article, the Scope of Mediation has been discussed. The Scope of Mediation is multi-dimensional. Majorly every dispute is resolved in the mediation process—for instance, commercial disputes, matrimonial disputes, family disputes, environmental disagreements, etc. Read more in the Article.
( Volume 1 Issue 1 – 2022 )( Publication Date 26/SEP/ 2022 )
( Download Full PDF )
(4)- EFFECTIVENESS OF MEDIATION IN RESOLVING THE CONSUMER DISPUTES
IN INDIA.
AUTHOR’S NAME – M. BALABAVITHRA, LLM (TAXATION LAW) – The academic year 2021 -23. INSTITUTION NAME – School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University
ABSTRACT:
With the growth of technology and the advancement of industries, we are evidently viewing the increase in the complexity of the disputes relating to the sale and purchase of goods and services. This study aims to touch the grassroots of the growth trends in the redressal mechanisms used to resolve these disputes and in particular works its way to find the role of mediation as an efficient consumer dispute resolver in a fast-growing country like India. This
paper also exhibits the critical analysis of the contemporary issues in using mediation to resolve consumer disputes and strives to make a comparison of the state of Indian mediation with the rest of the world. While deciding if mediation is the boon or bane in consumer disputes, the paper furthermore renders suggestions to improve the consumer dispute
redressal mechanism in India.
( Volume 1 Issue 1 – 2022 )( Publication Date 28/SEP/ 2022 )
( Download Full PDF )
(5)- DRAFT ARREST POLICY.
AUTHOR’S NAME – Vranda Rellan, B.B.A.LL.B, Third Year.
INSTITUTION NAME – Symbiosis Law School Hyderabad.
ABSTRACT :
An arrest occurs when a person is taken into custody because he or she is accused of committing a crime or infraction. It is carried out when someone has been detained for committing a crime. Following an arrest, standard protocols such as interrogation and investigation are carried out. It falls under the purview of the criminal justice system. The person is physically detained by the responsible authorities during an arrest operation.1 Illegal arrests and deaths in custody are a big concern in India. Any citizen of every country is given certain rights that are completely fair and without discrimination, but those same rights can be relinquished if a person is imprisoned or jailed for committing a crime. Although, an arrested individual has certain rights as well. We, the people of India, have lost faith in the framework as a result of the deceitful legal system and the brutality of the police, there have also been several stories of savagery in detention thus it is urgent to try and correctly implement the issued regulations and recommendations, which would undoubtedly provide better results and save people from facing the brutality. This study particularly focuses on arrest and the rights of an arrested person under the Criminal Procedure Code.
( Volume 1 Issue 1 – 2022 )( Publication Date 30/SEP/ 2022 )
( Download Full PDF )
(6)- Glenmark Pharmaceuticals Limited vs. Curetech Skincare And Another 2018, Case
analysis and Case Comment.
AUTHOR’S NAME – Vranda Rellan, B.B.A.LL.B, Third Year.
INSTITUTION NAME – Symbiosis Law School Hyderabad.
ABSTRACT :
Intellectual property rights give their owners exclusive ownership rights as well as the ability to sue for any misuse of the business or service by a third party. It is very common to levy charges and damages, ranging from minimal to exceptional, in instances of trademark infringement. A registered trademark is contested when someone who isn’t the rightful owner or someone who is using it under license uses it in the course of business in relation to goods or services for which it is registered, especially in a way that makes it likely that the user will be recognized as a trade mark. This research conducted totally revolves around the case of Glenmark Pharmaceuticals Limited vs. Curetech Skincare and Another and the issues raised by the plaintiff in it. It consists of a brief introduction to the factual background of the case and the principles on which the case is based and critical analysis and comment on the judgment pronounced by the Bombay High Court. It also consists of certain case laws to have a better understanding of the stand of the courts in the matters related to the trademark issues and what kind of damages can the party claim.
( Volume 1 Issue 1 – 2022 )( Publication Date 30/SEP/ 2022 )
( Download Full PDF )
(7)- A study on the infamous case of Bilkis Bano.
AUTHOR’S NAME – Komal Kumari, L.L.B, First Year.
INSTITUTION NAME – Saint Joseph College of Law, Bengaluru.
ABSTRACT :
On the 75th anniversary of India’s independence, 11 men sentenced to life in prison for gang raping Bilkis Yakub Rasool and murdering seven of her family members during the 2002 Gujarat riots were released from Godhra prison. The Gujarat government said it relied on its old remission policy from 1992 to approve the applications for remission of the sentence of the 11 convicts who walked out of the prison after 15 years, rather than the current policy of
2014. While the release of the 11 convicted men sparked widespread outrage, it also reawakened traumatic memories across the country.
( Volume 1 Issue 1 – 2022 )( Publication Date 30/SEP/ 2022 )
( Download Full PDF )
(8)- INCREASING CYBER CRIME AGAINST WOMEN IN INDIA
AUTHOR’S NAME – Harshika Arya, LL.B First Year
INSTITUTION NAME – Faculty of Law, D Y Patil College of law, Mumbai
University.
ABSTRACT :
As we progress into the digital age, the online platform for people out there becomes increasingly dangerous. Especially for women, as they are becoming soft targets for the predators who are sitting behind those computers and hunting their prey. These cyber crimes are not only creating unhealthy and dangerous environments but also using this as a tool to abuse, harass and bully people. This article focuses on how women are harassed mentally and physically by blackmailing, posting of sexual obscene material, cyberstalking, bullying, defamation, morphing, and creation of fake profiles by stealing or stalking their identities and information from their online profiles, which makes women feel distressed, humiliated, and depressed. Crimes are committed, and women are disproportionately affected, and fall into the traps of those criminals. Further, in the article, types of cybercrime and how the government is dealing with it to reduce it, laws and sections which define different kinds of online crime against women and what punishment they have to go through are discussed. There is no actual law dealing with cybercrime, but the government has made certain legal provisions to deal with it. There are even some initiatives introduced by the government to enhance cybercrime. As an additional measure, we can also take some precautions and spread awareness and knowledge about privacy and online crimes, which will help tackle cybercrime. As for women, if she finds themselves caught in any online crime, how to handle the situation by filing a complaint should be provided from the start, which will help to resolve the case in earnest and also reduce the mental torture and trauma that the victim has to go through.
( Volume 1 Issue 1 – 2022 )( Publication Date 30/SEP/ 2022 )
( Download Full PDF )
(9)- FEUDALISM IN INDIA.
AUTHOR’S NAME – Anurag Mondal, B.A,LL.B, Second Year.
INSTITUTION NAME – The West Bengal National University of Juridical Sciences.
ABSTRACT:
In this paper, we will first look at the form or facet of feudalism that could be seen in India. Secondly, we would try to differentiate between the feudal system practiced in India and Europe. Thirdly, we would look at the features of feudalism in India, and fourthly we would look at the fall of feudalism in India.
( Volume 1 Issue 1 – 2022 )( Publication Date 02/OCT/ 2022 )
( Download Full PDF )
(10)- Victims of Abuse of Power.
AUTHOR’S NAME – Tanushri, B.A,LL.B, Third Year.
CO-AUTHOR -Snehil Singh, B.A,LL.B, Third Year.
INSTITUTION NAME – Babu Banarasi Das University, Lucknow.
“I believe the root of all evil is abuse of power”.
–Patricia Cornwell
ABSTRACT :
The word ‘power’ consists of only five letters but its meaning is very vast in different areas
and criteria, we can come to know different meanings and definitions of power from different jurists. According to the famous jurist Thomas Hobbes1– ‘Power Over’ means ‘power simply is no more, but the excess of the power of one above that of another.’ Basically, in simple words power means the ability to wield force, authority, or influence the thoughts, actions, and mindset of people or things to do something. Black’s Law Dictionary2 defines ‘abuse’ as “to depart from legal or reasonable use in dealing with (a person or thing)” or “to injure (a person) physically or mentally” or “to damage (a thing)”. However, the phrase ‘abuse of power’ has not been defined in any statute or enactment.1 Personally, I see abuse of power as a psychological disorder…
( Volume 1 Issue 1 – 2022 )( Publication Date 03/OCT/ 2022 )
( Download Full PDF )
(11)- Constitutionality of Meat Ban.
AUTHOR’S NAME – Sneha Singh, B.A,LL.B, Second Year.
INSTITUTION NAME – Asian Law College, Noida.
ABSTRACT :
Indians the one eat meat are referred to as “non-vegetarians,” which indicates the widespread
opinion that consuming plant-eating meals is the standard and consuming gist is an irregularity. Statistics indicate that the plurality of Indians expends gist is an entity entirely different. In the Indian framework, the debate over core consumption is mainly compelled by the church rather than well-being issues.
Delhi’s attempt to stop the sale of meat during a Hindu religious festival is not the first in India, which is 79% Hindu, according to the 2011 Census, the latest data available. Over the past 10 years, similar attempts have been made in varying forms in five states: Uttar Pradesh, Gujarat, Uttarakhand, Maharashtra, and Madhya Pradesh.
( Volume 1 Issue 1 – 2022 )( Publication Date 06/OCT/ 2022 )
( Download Full PDF )
(12)- ACCEPTING THE THIRD GENDER.
AUTHOR’S NAME – Sneha Singh, B.A,LL.B, Second Year.
INSTITUTION NAME – Asian Law College, Noida.
ABSTRACT :
Both in the ancient and medieval periods, transgender persons were respected. Earlier, especially during religious events, it was thought that they may bless other people. The third gender also played a significant part in the Mughal courts since they were actively involved as counselors, army generals, harem custodians or guardians, tax collectors, or advisors. In particular, the royal families were trusted because they were also seen as loyal. Eunuchs, also known as Khawaja Sira, were the most dependable royal aides during the Mughal era. They commanded a great deal of respect and had amassed a significant fortune in some cases. They were mostly employed as harem keepers, while some became army generals, royal professors, and court counselors. Gender refers to a person’s sex, which determines who they are and how they seem. It is typically connected with the masculine and female gender. However, those who do not identify as either a man or a woman are referred to as third gender, third sex, or transgenders in India, also known as Hijras. Hijras, eunuchs, or people who have had or want to have sex reassignment surgery (SRS),…
( Volume 1 Issue 1 – 2022 )( Publication Date 06/OCT/ 2022 )
( Download Full PDF )
(13)- CHILD TRAFFICKING IN INDIA
AUTHOR’S NAME – Anushka Shankar, B.A,LL.B ( Hons.) Third Year.
INSTITUTION NAME – Babu Banarasi Das University, Lucknow.
ABSTRACT :
The act of trafficking means the recruitment, transportation, transfer, harbouring or receipt of persons. The purpose of trafficking is always exploitation. People of all genders and ages can become victims of this crime, which occurs in every region of the world. The use of violence, or giving fraud notification of employment, education and promise to the parents for marriage, are the ways which traffickers use for trading or dealing. There are systematic and organized networks or individuals behind this heinous crime/offence who takes the advantage of people who are not in good condition. There are various kinds of trafficking going through the entire world with every possible thing like – the trafficking of animals, humans ( child, adult males, females ), trafficking of antiques, etc. If we talk about child trafficking in a broader sense we can say that child trafficking is one of the most highlighted kinds of trafficking among another trafficking. Child trafficking is a major issue mostly for developing countries as well as for the least developing countries, as a huge percentage can be seen in these countries only. Reasons behind the highest percentage of child trafficking in these countries are many but the most prominently – Poverty, Social and Cultural Practices, Weak law enforcement, etc.
( Volume 1 Issue 1 – 2022 )( Publication Date 07/OCT/ 2022 )
( Download Full PDF )
(14)- PARENTS OF SURROGATE CHILD ENTITLED TO MATERNITY AND PATERNITY BENEFITS : “DR POOJA DOSHI VS STATE OF MAHARASHTRA, 2019”.
AUTHOR’S NAME – PREKSHA PREYA, B.B.A.LL.B. (HONS.), FOURTH YEAR.
INSTITUTION NAME – CHANAKYA NATIONAL LAW UNIVERSITY, PATNA.
ABSTRACT :
As the constitution guarantees the equality of all genders, recent developments in the acknowledgment and acceptance of “other gender” have sparked discussion about expanding rights and regulations to include the LGBTQ community. An long examination of labour regulations and maternity rights is one of these topics. When a mother is working, maternity benefits are offered to maintain the dignity of motherhood by ensuring the well-being of both the mother and her child. Thus, the Maternity Benefits Act of 1961 is applicable to businesses with more than 10 employees, including factories, mines, plantations, stores, and businesses; it may also be expanded to include other businesses by state governments.
( Volume 1 Issue 1 – 2022 )( Publication Date 18/OCT/ 2022 )
( Download Full PDF )
(15)- IP Protection of the Inventions in Plant Biotechnology – A Critical Study.
AUTHOR’S NAME – Komal, B.A,LL.B ( Hons.), Third Year.
INSTITUTION NAME – Babu Banarsi Das University, Lucknow.
ABSTRACT :
The products of the mind, imaginative works, and intellects are collectively known as Intellectual Property. They are the form of ideas, that on converting to tangible forms, can be safeguarded. Inventions, Computer software, music, videotapes, and plant varieties and publications are a few examples of Intellectual properties. There is a great requirement for spare time and financial investments in developing such products. Thereby the creator and innovator by acquiring the Intellectual Property Rights usually seek a return on their efforts…
( Volume 1 Issue 1 – 2022 )( Publication Date 19/OCT/ 2022 )
( Download Full PDF )
(16)- Domestic Violence
AUTHOR’S NAME – Payal, B.A,LL.B (Hons.), Fourth Year.
INSTITUTION NAME – Maharaja Agrasen University, Himachal Pradesh.
ABSTRACT :
Domestic violence is no longer an unsung term. It is spreading like a virus in different countries on different levels but the condition in India is worth worrying about as the cases of domestic violence and violence against female is on increment the irony of this situation is that in India female as pronounced as “Devi”, is this the way you should treat a goddess. This article deals with the issue and includes its general definition, legal definition, its types and after that what are its causes, constitutional protection for women, and protection against domestic violence under the law and then concludes the whole article…
( Volume 1 Issue 1 – 2022 )( Publication Date 29/OCT/ 2022 )
( Download Full PDF )
(17)- BAN ON CHINESE APPS IN INDIA: IT’S LEGALITY AND IMPACT ON INDIAN ECONOMY.
AUTHOR’S NAME – Payal, B.A,LL.B (Hons.), Fourth Year.
INSTITUTION NAME – Maharaja Agrasen University, Himachal Pradesh.
ABSTRACT :
“PUBG will be banned” was one of the most popular Headlines that reached every household and wasn’t even unsung in the age group which doesn’t even know anything about Indian politics. So, the impact and addictiveness of Chinese apps are visible to Indian citizens, especially younger people. So, the ban on these apps was also considered as a need for the hour and also there are certain complaints logged to the government about the misuse of data by these apps that aided in the process of the ban and the government ban all these apps on account of sovereignty and security of the nation. a chaotic situation arises after the ban as the legality of the ban came under question as to how will this ban impact India and its economy.
( Volume 1 Issue 1 – 2022 )( Publication Date 29/OCT/ 2022 )
( Download Full PDF )
(18)- An Analysis of offences relating to marriage in India.
AUTHOR’S NAME –Nisha, BBA,LL.B (Hons.), Second Year.
CO-AUTHOR NAME – Shivam Pandey, BBA,LL.B (Hons.), Second Year.
INSTITUTION NAME – Army Law Collage, Pune.
ABSTRACT :
This article tells about the offences relating to marriage in India, for long. In this article, we will discuss those different offences of marriage in India, which are happening for a long back, and are affecting the families and society in India. Marriage is a bond as a holy convent before God, between two genders, which is generally accepted by society and legally bound. Marriage is not just a relationship between two people, there are some duties and responsibilities for the couple. This is not just a relationship between two people, rather it connects two families. But, since the ancient period, offences related to marriage is being practised in India and they are still being continued in the present era.
( Volume 1 Issue 1 – 2022 )( Publication Date 29/OCT/ 2022 )
( Download Full PDF )
(19)- IS BAD BANK SOLUTION TO NPA CRISIS IN INDIA ?
AUTHOR’S NAME – Bishrant Khatiwada, BBA.LL.B (Hons.), Third Year.
CO-AUTHOR NAME – Rohan Johnson, BBA.LL.B (Hons.), Third Year.
INSTITUTION NAME – Symbiosis Law School, Pune.
ABSTRACT :
To address the growing non-performing assets of banks (which was further worsened by Covid pandemic), the government created the Assets Reconstruction Mechanism known as the bad bank. What is the concept behind a “bad bank”? How is a bad bank established in India? Can a bad bank or asset rehabilitation firm help India’s NPA problem? India failed to meet the anticipated target of transferring the same in 2021, and the answer as to whether a bad bank or ARC can alleviate India’s NPA problems will be clear in the coming future. Has it been successful in other countries in the past or is the bad bank notion only a technique to
clean up the bank’s balance sheet, rather than a lasting solution? This essay seeks to answer the above by analyzing different aspects of the same.
( Volume 1 Issue 1 – 2022 )( Publication Date 29/OCT/ 2022 )
( Download Full PDF )
(20)- Evolution And Dynamic Nature Of Law In Contemporary Society
AUTHOR’S NAME Sreeya Sengupta, B.A.LL.B (Hons.), First Year.
INSTITUTION NAME – Institute of Law, Nirma University.
ABSTRACT :
Law is a set of rules which govern the members of society and are enforced by the courts. Everyone defines the three-letter word differently. While making and interpreting the law, it is pertinent to keep our eyes and ears open to adapt to the ever-changing needs of our society. Legal requirements also vary based on ties between people, community demands, and situations. This article first discusses the jurisprudence theory related to the dynamic nature of law, given by HLA Hart. Further, it discusses the history of the evolution of law in India. The Constitution made a significant change in the system’s trajectory, which was first created to support colonial and imperial interests in India. The Constitution particularly aims to strengthen…
( Volume 1 Issue 1 – 2022 )( Publication Date 29/OCT/ 2022 )
( Download Full PDF )
(21)- CONCEPTUAL MECHANICS OF STATUTE OF INCOME TAX
AUTHOR’S NAME – Khushbu Sangwan, BB.A, LL.B, Fourth Year.
INSTITUTION NAME – Centre for Legal studies Gitarattan International Business School.
CO-AUTHOR NAME – Shubham Srivastava, Assistant Professor.
INSTITUTION NAME – Centre for Legal studies Gitarattan International Business School.
ABSTRACT :
Given the issues at hand and their import, a nescient approach towards the preamble of the Act will further exacerbate and obfuscate the quandary involved herein, since it, generally, represents and portrays the aim, objective, policy, and purpose of a statute; and so the need to decipher, determine and discuss the role and significance of preamble cannot be set aside. This has been noted in In Re Kerala Education Bill, 1957 too, wherein the court observed that from the preamble of a statute its policy and purpose can be legitimately derived. Apart from the writings of several pioneering scholars, numerous leading authorities and judgements concerning the need, role, and significance of a preamble in a statute have been eruditely pronounced.
( Volume 1 Issue 1 – 2022 )( Publication Date 02/N0V/ 2022 )
( Download Full PDF )
(22)- MARITAL RAPE IN INDIA
AUTHOR’S NAME – Anushka Shankar, B.A, LL.B (Hons.), Third Year.
INSTITUTION NAME – Babu Banarasi Das University, Lucknow.
ABSTRACT :
Rape, which can be spelled in just four words has a drastic effect on society. Rape is one of the heinous crimes, which is seen in today’s world. Whenever sexual intercourse is done without the consent of the victim, which is too involves force or threat, then it is said that rape is done. Rape is forced sex. Rape is all about sexual touching and making
unwanted sexual touch. Rape is all about the penetration of the penis into the vagina of a woman without her consent. In the current situation, there is a rise in rape due to the mentality and thinking of the people. If we see Indian history then women were treated as property, no matter how you use it or by which way you use it.
( Volume 1 Issue 1 – 2022 )( Publication Date 05/N0V/ 2022 )
( Download Full PDF )
(23)- A Fresh Approach to Indian Abortion Laws
AUTHOR’S NAME – Hariom Tiwari, LL.B, First Year.
INSTITUTION NAME – Jitendra Chauhan College of Law, Mumbai.
ABSTRACT :
The US Supreme Court overturned the landmark judgement which serves as bedrock for abortion rights of citizens on 24th June 2022. The Roe v. Wade judgement used to give a constitutional right to abortion back in 1973, during the first 2 trimesters of pregnancy. But sadly in a 9-judge bench, this was overturned by a 6:3 majority in the case of Dobbs v.
Jackson Women’s Health Organization. This was done on the grounds that “the substantive right to abortion was not deeply rooted in Nation’s history or tradition, nor considered a right when the due process clause was ratified in 1868”…
( Volume 1 Issue 1 – 2022 )( Publication Date 05/N0V/ 2022 )
( Download Full PDF )
(24)- Israel and Palestine conflict : whose actions are legal ?
AUTHOR’S NAME – Snehil singh, B.A,LL.B (Hons.), Third Year.
INSTITUTION NAME – Babu Banarasi Das University, Lucknow.
“It’s not just about land, but it’s about having the right to self-determination”
– Dr. Serpil Atamaz1
ABSTRACT :
The conflict between Israel and Palestine is a very talkative issue throughout the world. So, before we start talking about it first, we try to understand something more about Israel and Palestine like their geographical areas and backgrounds. So firstly, we are going to talk about Israel it is a country in western Asia that is situated on the South Eastern shore of the Mediterranean Sea. It defined itself as a state of Jewish and democratic people. People kept the country name Israel from ancient Egyptian encryption which was about 1200 BCE and which has first appeared in the Merneptah Stele. People of Israel spoke a language known as the Hebrew language which is the Archaic form of the Hebrew language. The capital of Israel is Jerusalem…
( Volume 1 Issue 1 – 2022 )( Publication Date 05/N0V/ 2022 )
( Download Full PDF )
(25)- The Rodney King Case as a Prime Example of Police Brutality
AUTHOR’S NAME – Snehil Singh, B.A,LL.B (Hons.), Third Year.
INSTITUTION NAME – Babu Banarasi Das University, Lucknow.
ABSTRACT :
Before we move on to our topic, we should first understand what brutality means. According to the Cambridge, dictionary brutality means–a behavior that is very cruel or violent and shows no feelings for other.’ So, Brutality means hurting in a criminal way someone badly without thinking that he can even die from that strike or act. Brutality is mostly found in murder, torture, crime, and police torture. Police brutality is one of the forms of brutality. It means when police officer misuses their power of arresting or using force against a civilian. It is a form of police conduct that violate
the civil rights of the individual. It is not only limited to beating, improper arrest or taking down, shooting, or arrest without warrant, the police can use its power in many ways which can harm the civil rights of the individual…
( Volume 1 Issue 1 – 2022 )( Publication Date 05/N0V/ 2022 )
( Download Full PDF )
(26)- Judgement of Supreme Court in vulgar display of female (354 A to D) case.
AUTHOR’S NAME – Tanushri, B.A,LL.B (Hons.), Third Year.
INSTITUTION NAME – Babu Banarasi Das University, Lucknow.
ABSTRACT :
Crime is defined as an act or omission which is a violation of law and thereby affects society at large. The Indian Penal Code, of 1860 have laid out various sections for the protection of women against any crime. In India, if we take a look at the hierarchy of the Court then we will find out that at the top level, there is the supreme Court. The decision of the Supreme Court is binding on all the lower-level courts. The judges of the Supreme Court are elected by the
president of India to make any law for the welfare of functions related to it. It can declare any law unconstitutional if it violates the fundamental right of any citizen of the country. If any person has applied in the lower court for the protection of his right and he is not satisfied with the judgement of that Court then he can apply in the higher court or to the Supreme Court to protect his right and the decision of the higher court will be binding on all lower court according
to hierarchy.
( Volume 1 Issue 1 – 2022 )( Publication Date 07/N0V/ 2022 )
( Download Full PDF )
(27)- Drone Should be Ban By International Laws.
AUTHOR’S NAME – Snehil singh, B.A,LL.B (Hons.), Third Year.
INSTITUTION NAME – Babu Banarasi Das University, Lucknow.
“I wanted to prove that performance is largely a result of inspired design and highly optimized and integrated subsystem, not the application of the most advanced technology.”
Karem
ABSTRACT :
Before we start to discuss why drones should be banned by international laws. Firstly, we should understand what actually a drone is, it is basically an unmanned aircraft. Drone means, “An aircraft without a pilot which is controlled from the ground and used for taking photographs, dropping bombs and delivering goods, etc.” As From the word we can know that it does not requires a man or pilot to operate by sitting but due to technological advancements, it can be operated by a person sitting in a particular place within the range. The drone can be also known as UAVs. The first drone which was named “Albatross” stays in the air for more than 56 hours. It was designed by Abraham Karem.
( Volume 1 Issue 1 – 2022 )( Publication Date 07/N0V/ 2022 )
( Download Full PDF )
(28)- Risk Management as A Mandatory Policy Under Company’s Act
AUTHOR’S NAME – Tarun Lohani, BBA,LL.B (Hons.), Fifth Year.
INSTITUTION NAME – Integral University, Lucknow.
CO-AUTHOR NAME – Kafeel Khan, BBA,LLB (Hons.), Fifth Year.
INSTITUTION NAME – Integral University, Lucknow.
ABSTRACT :
In today’s era of the market where there are numerous companies have been established, and the prime motive which these companies are having i.e. (Profit Maximization), companies are always looking for opportunities that act as a platform to let them show their creativity and skills. But the company as we know is nothing without its stakeholders as the stakeholders are the ones who show their faith and belief in the company for their growth and betterment.
Therefore, each company if it wants to achieve the results effectively, must watch its step toward its stakeholders. As the opportunities in the market are endless, the risks attached to them are also endless. The company may have to pay the cost in the future if anything goes parallel with its objectives. On the other hand, if the stakeholders are not satisfied with the results of the company, the goodwill of the company may get affected in the market.
( Volume 1 Issue 1 – 2022 )( Publication Date 20/N0V/ 2022 )
( Download Full PDF )
(29)- OMBUDSMAN CONCERNING HUMAN RIGHTS
AUTHOR’S NAME – Aditi Shakya, B.Com LL.B, Third Year.
INSTITUTION NAME – Institute of Law, Jiwaji University Gwalior.
ABSTRACT :
The Slovenian Ombudsman is mandated by both the Human Rights Ombudsman Act and the Constitution of the Republic of Slovenia to defend fundamental rights and freedoms in interactions with public authorities. It is crucial that the Ombudsman not only abides by the Constitution’s rules and international treaties but also has the right to rely on justice and good governance principles while taking action. The article’s concept is that by implementing effective administrative practices, public authority challenges the public’s perception that bureaucracy is an aim in and of itself and is in a dominant position. With the help of these principles, public authority concentrates on groups that exercise their freedoms and rights in accordance with democratic values.
( Volume 1 Issue 1 – 2022 )( Publication Date 11/DEC/ 2022 )
( Download Full PDF )
(30)- Analysis of Mental Health Act, 2017
AUTHOR’S NAME – Adiba Sami, B.A,LL.B, Fifth Year.
INSTITUTION NAME – Integral University, Lucknow.
CO-AUTHOR’S NAME – Kafeel Khan, BBA,LL.B, Fifth Year.
INSTITUTION NAME – Integral University, Lucknow.
“Mental health…is not a destination, but a process. It’s about how you drive, not where you’re going.” —“
Noam Shpancer, PhD’’1
ABSTRACT :
The main analysis of this mental health act is to determine the conditions which are faced by the person and the difficult situation they have gone through. To safeguard, endorse and accomplish the virtue of PMI during parturition of mental health care services and matters interconnected. The Mental Health Act aids discretionary treatment in predilection to
mandatory treatment and initiates robust buffer and views mechanisms to endorse the rights, dignity, and sovereignty of people living with a mental ailment.2 The main objective behind this act is to prevent health issues for people with mental illness and these people have the right to live life with dignity. The Mental Health Act of 1983 is a plot to give health
professionals the capability, in certain situations, to retard, assess and tend to people with mental illness.
( Volume 1 Issue 1 – 2022 )( Publication Date 11/DEC/ 2022 )
( Download Full PDF )
(31)- A CRITICAL STUDY ON BIODIVERSITY AND INTELLECTUAL PROPERT
RIGHT IN THE INDIAN CONTEX.
AUTHOR’S NAME – Shipra Dumka, B.A., LL.B. (Hons.), 5th Year.
INSTITUTION NAME – CMR School of Legal Studies, Karnataka.
ABSTRACT:
The protection of biodiversity under the IPR is the emerging debate that how intellectual property rights can contribute towards the protection of biodiversity as it is a backbone of sustainable development. The research paper will include the historical background of IPRs related to biodiversity and how IPRs and biodiversity can co-exist together. The research paper will also analyze the contradiction between trips and the Convention on Biological Diversity that how India is adopting both the convention for proper implementation of the intellectual property right and the above-mentioned legal instrument which is benefitting India most practically and helping to preserve its biodiversity. The paper will also highlight the recent IPR’s changing trend in regard to biodiversity in India and the present case law Divya Pharmacy v. Union of India, 2018, and its importance in Intellectual property rights.
( Volume 1 Issue 1 – 2022 )( Publication Date 17/DEC/ 2022 )
( Download Full PDF )