ISSUE 4 - JUNE 26/2023 - 2024
REGULATING DEEPFAKES: ADDRESSING THE LEGAL AND ETHICAL
CHALLENGES.
AUTHOR’S NAME – Krishna Raj Sharma, LL.B, Final year.
INSTITUTION NAME – Dr. B.R. Ambedkar Law University, Jaipur.
ABSTRACT:
Deepfakes are a growing threat in today’s digital environment. They are produced using artificial intelligence (AI) techniques, which have become a major concern. In the Indian context, the legal system in India is examined, its legal system is compared to that of other nations, and risks are identified as they are being used in the market. India’s existing legal framework provides some recourse for addressing these threats, but specific legislation and dedicated regulatory measures are needed to effectively combat this growing threat. Various case studies are discussed in order to foresee the potential of this technology. This manuscript also discusses various risks involved in videos and other media created or morphed using deep fake technology…
(Volume 1 Issue 4 – 2023 )( Publication Date 02/JULY/ 2023 )
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The Legal Implication of Emerging Technologies in the Digital Age
AUTHOR’S NAME – Siddharth Jesani, BALLB(Hons.), Second year.
INSTITUTION NAME – NMIMS Indore.
ABSTRACT:
The rapid advancement of emerging technologies in the digital age is reshaping society and presenting new challenges for the legal system. Technologies such as artificial intelligence, blockchain, the Internet of Things (IoT), autonomous vehicles, and biometric technologies are transforming various industries and disrupting traditional legal frameworks. This article explores the legal implications of these emerging technologies, focusing on areas such as privacy, data protection, intellectual property, cybersecurity, and ethics. By examining the evolving relationship between law and technology, we can identify the need for adaptive legal
frameworks to navigate this ever-changing landscape.
(Volume 1 Issue 4 – 2023 )( Publication Date 04/JULY/ 2023 )
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Intersection of Medical Law and AI: Exploring the Benefits and Challenges in Healthcare
AUTHOR’S NAME – Siddharth Jesani, BALLB(Hons.), Second year.
INSTITUTION NAME – NMIMS Indore.
ABSTRACT:
Artificial intelligence (AI) has the potential to revolutionize healthcare by enhancing diagnostic
accuracy, advancing precision medicine, and improving patient outcomes. However, its integration into healthcare also raises important legal and ethical considerations. This article explores four key legal implications of AI in healthcare: liability and malpractice, data privacy and security, bias and fairness, transparency, and explainability. Additionally, it discusses the role of regulatory oversight in ensuring the safe and ethical use of AI. By addressing these legal challenges, healthcare systems can harness the benefits of AI while upholding patient rights, privacy, and trust.
(Volume 1 Issue 4 – 2023 )( Publication Date 06/JULY/ 2023 )
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Types of Merger and Acquisition: An Analysis
AUTHOR’S NAME – Anjali Yadav, B.A, LL.B (Hons.), Fourth Year.
INSTITUTION – Deen Dayal Upadhyay Gorakhpur University, Gorakhpur, Uttar Pradesh.
ABSTRACT:
In this article, we are going to discuss What is Merger and Acquisitions? What are its majorNtypes? And its deep analysis and what are some big Mergers and Acquisitions held in India.
INTRODUCTION:
Merger and acquisition refer to ‘consolidation of companies. Some merger and acquisition activities include:
● Purchasing and absorbing another company,
● Merger and its formation into a new company,
● Acquiring some or all of its major assets,
● Making the tender offer (a bid to find some or all of shareholders’ stock in the company,
● Staging of a hostile take over etc.
Merger
it is the collaboration or unification of two or more companies to form a new company in an
expanded form. 1
A+B= AB or C
Acquisition
It is a process of acquiring or selling one company to another. In a simple acquisition, the
acquiring company obtains the majority state in the acquired firm which does not change its
name or alter its organized structure…
(Volume 1 Issue 4 – 2023 )( Publication Date 06/JULY/ 2023 )
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Artificial Intelligence and the Global Emergence of its Laws
AUTHOR’S NAME – Ankita Kumari, LL.M, First Year.
INSTITUTION NAME – KIIT School of Law (KIIT University).
ABSTRACT:
Our society possesses a dynamic personality, which keeps evolving and updating itself. Over the period, the world has already packed its bags with huge achievements and changed the life of human beings in various ways. One of the greatest changes that society is witnessing right now is Artificial Intelligence. Just look around you closely, and you will be surprised to see, how widely we are already using artificial tools in our daily lives. Saying “Hey Google” on
your phone or getting social media smart recommendations, or even a simple feature of auto- correction on your mobile phone, is nothing but a small example of artificial intelligence. It doesn’t matter whether you are coming from the field of digital marketing, cyber security, and military or healthcare industry, not a business has remained untouched by this technology.
(Volume 1 Issue 4 – 2023 )( Publication Date 06/JULY/ 2023 )
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International Climate Alliance: Coordinating efforts for a sustainable future.
AUTHOR’S NAME – Ankita Kumari, LL.M, First Year.
INSTITUTION NAME – KIIT School of Law (KIIT University).
ABSTRACT:
Climate change is one of our generation’s most important challenges, having far-reaching consequences for the environment, society, and the global economy. In a gist, climate change can be defined as, long-term shifts in temperature patterns and weather conditions. Since the 1800s, human activities have contributed a lot to the release of greenhouse gases into the atmosphere. The scientific consensus is clear: our planet is experiencing a rapid warming trend,
largely driven by the burning of fossil fuels, deforestation, and industrial activities. In understanding and addressing this climate change, international agreements are the critical instruments. These agreements have provided a platform for countries to come together, acknowledge the urgency of the issue, and commit to taking meaningful steps to reduce
greenhouse gas emissions and mitigate the impacts of climate change.
(Volume 1 Issue 4 – 2023 )( Publication Date 07/JULY/ 2023 )
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Plights of Women in Indian Prisons.
AUTHOR’S NAME – Anjali Yadav, B.A, LL.B (Hons.), Fourth Year.
INSTITUTION – Deen Dayal Upadhyay Gorakhpur University, Gorakhpur, Uttar Pradesh.
ABSTRACT:
We are going to talk about Prisons, Indian prisons, especially women prisoners, how these prisons work, what problems women face during their convictions, and what new can be done to make their life easier behind these jails.
INTRODUCTION:
Prisons, we can say it is an institution run by the government where people are confined for the offenses (serious crimes) they commit or law-breaking, or any act/omission which is against the law. Specifically, it is an institution (under state jurisdiction) for the confinement of people convicted of serious crimes. There are some synonymous words used for prison are Jail, Penal institution, Place of detention, Lock-up, The detention center and many more are there. The most popular word used for this is ‘jail’. On hearing the word ‘jail’ many thoughts come into our minds like crime, confinement, depression, anti-social, loneliness, punishment, etc.
(Volume 1 Issue 4 – 2023 )( Publication Date 07/JULY/ 2023 )
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Divorce Mediation and Alternative Dispute Resolution in Family Law.
AUTHOR’S NAME – Sowbhagyalaxmi S Hegde, LL.B.
INSTITUTION NAME: Karnataka State Law University.
ABSTRACT:
Divorce mediation and alternative dispute resolution are essential tools in family law for resolving the conflict relating to divorce and maintenance along with child custody. These methods help in cooperative problem-solving and customized solution which has many advantages such as reduced conflict, privacy preservation, increased empowerment, timely
resolution, and focus on children’s interest. They required trained professionals and collaborative approaches with factors including compromise, effective communication, and neutral facilitation. It encourages parties to consider alternative methods and speculates on future trends and development in the field. Overall, divorce mediation and ADR provides a potential way to settle the family law conflict amicably and individually while putting the interest of the parties as the main agenda.
(Volume 1 Issue 4 – 2023 )( Publication Date 07/JULY/ 2023 )
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Surrogacy Law: Legal, Ethical, and Social Implication.
AUTHOR’S NAME – Sowbhagyalaxmi S Hegde, LL.B.
INSTITUTION NAME: Karnataka State Law University.
ABSTRACT:
This article says about the Legal, Social, and ethical implications of surrogacy arrangements which offer hope for families or couples who faces fertility and reproductive challenges. The variation in the surrogacy law across the countries, contractual issues, citizenship consideration, and parentage along with potential legal challenges and disputes are covered. The ethical consideration explores autonomy and reproductive rights, which greatly concern exploitation and commodification, emotional and psychological implications, and the similarity of surrogacy with religious and cultural values. The social implication section examines the effect of surrogacy on the perception of the parental hood, traditional gender roles, and its impact on children and family dynamics.
(Volume 1 Issue 4 – 2023 )( Publication Date 07/JULY/ 2023 )
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Luxury Taxation: Key Insights for High-Net Worth Individual and Brands
AUTHOR’S NAME – Minjal Sankahla, B.A, LL.B(Hons.), Compl.
INSTITUTION NAME – Indore Institute of Law.
ABSTRACT:
There’s been a debate for such a long time on whether the imposition of luxury tax is beneficial or not. And if it is then what will be its effects on luxury brands and High-Net-Worth individuals? What is the scope of the implementation? Some people think that it is full on a political issue to extract money from the super-wealthy but in some aspects, it is carried out to develop the country and help the government to generate additional revenue which turns out to be beneficial during times of war and other tragic events. Also, spending money on luxury goods excessively is very irrational from a psychological point of view. People who buy it at times are not in a financial position to afford it but to maintain the status without thinking rationally they just go for it.
(Volume 1 Issue 4 – 2023 )( Publication Date 13/JULY/ 2023 )
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The Challenges of Enforcing IPR Protection of Avatars in the metaverse: A Critical
Analysis
AUTHOR’S NAME – Suhail Khan, Ph.D., (Research Scholar).
INSTITUTION NAME – Jamia Millia Islamia, New Delhi.
ABSTRACT:
In the immersive world of the Metaverse, where reality is augmented and virtual, the digital likeness of an individual known as an ‘avatar’ is doing the rounds. An individual can lead an imagined life through the medium of avatars or trade in digital goods if they please. Though the importance of the same cannot be denied as it gives commercial viability and ‘lived experiences’ and it cannot be denied that the IPR concerns arising from the same are worth considering. It is important to note who owns the intellectual property of these products and who owns the rights to original content that is made for the digital augmentation of these products.
(Volume 1 Issue 4 – 2023 )( Publication Date 13/JULY/ 2023 )
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Prevalence of Predatory Pricing in Multi-Sided Markets: An Overview
AUTHOR’S NAME – Suhail Khan, Ph.D., (Research Scholar).
INSTITUTION NAME – Jamia Millia Islamia, New Delhi.
ABSTRACT:
The practice of predatory pricing in multi-sided markets is becoming a big issue in the prospect of preserving free and fair competition and enhancing consumer choice. In the online market, it is very necessary to protect the interests of small players as there must be a helping hand for them to come up to promote innovation and increasing choice and in the broader picture – also finetuning the freedom of trade and commerce. The multisided markets are largely unregulated, and predatory pricing often goes unnoticed in this world – also, it needs to be seen that the present regime of the Competition Act is not adequate to cover this position. This practice adds to the abuse of the dominant position, locks in the consumer, and has foreclosing effects on the market. It includes the charging of price that is below the threshold levels set by the authorities and genuine competition that is regulated and then covering those costs after the competitor is driven out of the market.
(Volume 1 Issue 4 – 2023 )( Publication Date 13/JULY/ 2023 )
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AUGMENTING LEGAL EFFICIENCY: EXPLORING THE IMPACT OF
ARTIFICIAL INTELLIGENCE (AI) IN CONTRACT DRAFTING AND
NEGOTIATION
AUTHOR’S NAME – Pruthvi Ramakanta Hegde, B.com LL.B, Compl.
INSTITUTION NAME – Karnataka State Law University Hubballi.
ABSTRACT:
In today’s scenario technology is rapidly growing and paved the way for the digital era. Artificial Intelligence (AI) systems are significantly benefiting a large number of individuals, businesses, and organizations. AI has been contributing a significant role in almost every field. AI tools are not exceptions to contract drafting and negotiations. Due to advancements in technology AI has reduced the workload and on the other hand, it creates the hygiene product
as a result. The traditional way of drafting has been replaced after the new phase of AI systems. AI can contribute immense benefits while drafting contracts by enhancing, accuracy, proofreading…
(Volume 1 Issue 4 – 2023 )( Publication Date 13/JULY/ 2023 )
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THE ROLE OF NON-DISCLOSURE AGREEMENTS (NDAs) IN SAFEGUARDING
BUSINESS SECRETS: LEGAL CONSIDERATIONS AND BEST PRACTICES
AUTHOR’S NAME – Pruthvi Ramakanta Hegde, B.com LL.B, Compl.
INSTITUTION NAME – Karnataka State Law University Hubballi.
ABSTRACT:
In today’s competitive world of business, the preservation of confidential and proprietary information known as business secrets is critical for any organization. Non-disclosure Agreements (NDAs) are essential for protecting these valuable assets and maintaining a competitive edge. NDAs create legally binding agreements between the parties, by guaranteeing that confidential information is not disclosed to third parties. This article discusses the importance of NDAs in protecting corporate secrets and their application in various business environments. A well-crafted NDA can revolutionize the way a firm protects its business secrets with the correct strategy and expert negotiating. The article further emphasizes the importance of NDA when dealing with different stakeholders who may have access to sensitive corporate information.
(Volume 1 Issue 4 – 2023 )( Publication Date 13/JULY/ 2023 )
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CHILD LABOUR AND LAWS FOR PREVENTING CHILD LABOUR IN INDIA
AUTHOR’S NAME – Isha Jain.
INSTITUTION NAME – Assistant Professor, BDS School of Law.
ABSTRACT:
Children are expected to learn, play, study, and dream about what they want to be when they grow up. However, child labor robs them of their dreams and forces them to put in a lot of physical and mental effort in order to earn a small amount of money for their families. Education helps people think critically. This is very important because it teaches people how to use logic when making decisions and interacting with other people. Education helps people
meet basic job qualifications and increases their chances of getting better jobs and a better life. It is, in this manner, important to guarantee that each child is secure and not taken advantage of for modest work.
(Volume 1 Issue 4 – 2023 )( Publication Date 15/JULY/ 2023 )
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Biometric Tech and data privacy
AUTHOR’S NAME – Minjal Sankahla, B.A, LL.B(Hons.), Compl.
INSTITUTION NAME – Indore Institute of Law.
ABSTRACT:
Using biometric technology, a person’s distinct identification can be verified. This makes it simpler for the government and other areas of the nation to recognize the person using their distinctive features. Hospitals, banks, schools, nationality certificates, and many more industries all employ this technology. The growing usage of biometric identification has advantages as well as disadvantages, particularly for an individual’s personal information.
Though not in a technological form, biometric technology has always been a part of life. Due to privacy violations, a lot of people struggle. Businesses must abide by rules and regulations to avoid fines and safeguard customer data and privacy.
(Volume 1 Issue 4 – 2023 )( Publication Date 15/JULY/ 2023 )
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IMPORTANCE OF CORPORATE GOVERNANCE AND COMPLIANCES
AUTHOR’S NAME – Chandni Loyalka, LL.M. in Corporate and Financial Laws, compl.
INSTITUTION NAME – Jindal Global Law School (JGLS), Sonipat, Haryana.
ABSTRACT:
Corporate governance in India encompasses processes, principles, and values that guide company management. High-profile scandals prompted the Securities and Exchange Board of India (SEBI) to implement regulations for transparency, strong boards, preventing insider trading, and protecting minority shareholders. SEBI emphasizes independent boards with at least one-third of independent directors and regulates substantial share acquisitions.
(Volume 1 Issue 4 – 2023 )( Publication Date 17/JULY/ 2023 )
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LEGAL EDUCATION IN INDIA
AUTHOR’S NAME – Chandni Loyalka, LL.M. in Corporate and Financial Laws, compl.
INSTITUTION NAME – Jindal Global Law School (JGLS), Sonipat, Haryana.
ABSTRACT:
As the title suggests, the main aim of this article is to through light and knowledge on what works to prevent crime by bringing together leading evidence-based research and the various interventions being organized to prevent crime. This article talks about legal education – its historical context and its importance. It focuses on the evidence-based approach, juvenile delinquency, and correctional treatment of in-prison inmates. How can juvenile delinquency
be achieved? It also highlights the role of therapeutic jurisprudence in achieving…
(Volume 1 Issue 4 – 2023 )( Publication Date 17/JULY/ 2023 )
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The Rising Trend of Divorce in India: Unraveling Societal Shifts Changing Perspectives
AUTHOR’S NAME – Padma Vanditha, B.SC compl. LL.B compl., LLM (Pursuing), Advocate at High
Court.
AFFILIATION – High Court of Andhra Pradesh.
ABSTRACT:
India, a country known for its strong emphasis on family values and tradition, is witnessing a significant increase in divorce rates. In recent years, there has been a noticeable shift in societal attitudes toward marriage and divorce, leading to a surge in the dissolution of marriages across the country. This article aims to explore the various factors contributing to the rise in divorce in India and shed light on the changing dynamics of relationships in contemporary Indian
society.
(Volume 1 Issue 4 – 2023 )( Publication Date 19/JULY/ 2023 )
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COPYRIGHT INFRINGEMENT IN INDIA
AUTHOR’S NAME – Padma Vanditha, B.SC compl. LL.B compl., LLM (Pursuing), Advocate at High
Court.
AFFILIATION – High Court of Andhra Pradesh.
ABSTRACT:
Copyright infringement is a significant concern in today’s digital age, and India, with its growing economy and technological advancements, is no exception. Infringement of copyrighted material can occur through various means, such as unauthorized reproduction, distribution, public display, or adaptation of original works. This article aims to shed light on the copyright infringement issues prevalent in India, the legal framework in place, and the challenges faced by creators and copyright holders.
(Volume 1 Issue 4 – 2023 )( Publication Date 19/JULY/ 2023 )
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MISAPPROPRIATION OF TRADE SECRETS
AUTHOR’S NAME – Yesha Kapadia, BA LL.B, compl.
INSTITUTION NAME – Jitendra Chauhan College of Law, Mumbai.
ABSTRACT:
Trade secrets are the intellectual property’s hidden gems, quietly driving innovation and economic growth. While patents, trademarks, and copyrights often take the spotlight in discussions of intellectual property, trade secrets operate silently behind the scenes to protect sensitive knowledge, formulas, techniques, methods, and other valuable intangible assets. The reason patents, trademarks, and copyright laws are often so well known amongst the public is because they require disclosure and registration whereas trade secrets maintain the principle of secrecy. The legal framework for trade secrets includes international standards, such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), as well as national laws and regulations.
(Volume 1 Issue 4 – 2023 )( Publication Date 21/JULY/ 2023 )
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Understanding Domestic Violence in India: A Comprehensive Analysis.
AUTHOR’S NAME – Akanksha Chaudhary, B.A, LL.B, Fourth Year.
INSTITUTION NAME – Amity Law School, Noida.
ABSTRACT:
Domestic violence remains a critical social issue affecting millions of individuals in India. This article aims to provide a comprehensive analysis of the prevalence, causes, consequences, and interventions related to domestic violence in the Indian context. This study sheds light on the complex socio-cultural factors contributing to domestic violence and explores its profound impact on victims, families, and society as a whole. The article begins by presenting an
overview of the prevailing forms of domestic violence in India, including physical, emotional, sexual, and economic abuse. It highlights the alarming statistics and underlines the gendered nature of this problem, emphasizing that women are disproportionately affected as primary victims. Factors such as patriarchal norms, rigid gender roles, dowry-related issues, and unequal power dynamics within households are discussed as key contributors to domestic violence.
(Volume 1 Issue 4 – 2023 )( Publication Date 02\ August/ 2023)
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Marital Rape: A Critical Examination of Its Legal, Social, and Psychological Implications.
AUTHOR’S NAME – Akanksha Chaudhary, B.A, LL.B, Fourth Year.
INSTITUTION NAME – Amity Law School, Noida.
ABSTRACT:
This article provides a comprehensive analysis of the concept of marital rape, examining its legal, social, and psychological dimensions. Marital rape refers to non-consensual sexual intercourse within a marital relationship. Historically, it has been a controversial and overlooked issue due to traditional gender roles and misconceptions surrounding marriage. However, societal attitudes and legal frameworks have gradually evolved to recognize and address this form of sexual violence. The article explores the historical context, legal developments, social impact, and psychological consequences of marital rape. Drawing on empirical evidence and scholarly research, the aim is to shed light on the severity of this issue and advocate for increased awareness, support, and legal protection for survivors of marital rape.
(Volume 1 Issue 4 – 2023 )( Publication Date 02\ August/ 2023)
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CHILD MARRIAGE – A VIOLATION OF RIGHTS AND IMPEDIMENT TO DEVELOPMENT
AUTHOR’S NAME – Adeline Coelho, BALLB (Hons.), First Year.
INSTITUTION NAME – Christ University, Maharashtra.
ABSTRACT:
Child marriage has been rooted in our society for ages. It is considered to be an age-old tradition that is even carried out today in some parts of our country. It is disheartening to see these things taking place even today; child marriage adversely affects the physical as well as mental wellbeing of an individual and makes one’s life miserable as they are given responsibilities at a very young age, especially the women who are drowned in these responsibilities, cooking,
taking care of the family and serving her in-laws for the rest of her life.
(Volume 1 Issue 4 – 2023 )( Publication Date 05\ August/ 2023)
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Empowering Consumer Well-Being: Navigating Antitrust Regulation in India’s
Competitive Market Landscape.
AUTHOR’S NAME – Adhyatmik Khanna, BALLB (Hons.), Fifth Year.
INSTITUTION NAME – Amity Law School, Noida.
ABSTRACT:
In the bustling expanse of India’s competitive markets, a crucial dynamic unfolds – the balance between consumer well-being and the intricate framework of antitrust regulations. This exploration delves into the symbiotic relationship, unraveling how these regulations serve as a shield against monopolies, ensure fair competition, and empower consumers with informed choices. Join us on a journey through India’s evolving market landscape, where antitrust regulations navigate the path toward a marketplace where consumer welfare stands at the forefront.
(Volume 1 Issue 4 – 2023 )( Publication Date 14\ August/ 2023)
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Equal Rights for All: A gender neutral legal framework
AUTHOR’S NAME – Satvik Rakesh, BBA LL.B. (Hons.), Fifth Year.
CO- AUTHOR NAME – Divyanshu Priyadarshi, BBA LL.B. (Hons.), Fifth Year.
INSTITUTION NAME (For Author & Co) – Babasaheb Bhimrao Ambedkar University Lucknow.
ABSTRACT:
There exists a stereotypical notion that men are strong and they can defend themselves from any sort of violence towards them, and if they fail to do so then they are not man enough. This is a classic example that the sufferers of the patriarchal society are not only women but men are also equally suffering because of this patriarchal mindset of the society as they are required to behave in a certain masculine manner and if they fail to do so then they are considered to be not man enough, and when it comes to sexual offenses it is considered that a man can never be a victim of any sort of sexual violence and even if a man is abused sexually then instead of being seen as a victim they are considered as a laughing stock in the society.
(Volume 1 Issue 4 – 2023 )( Publication Date 19\ August/ 2023)
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NAVIGATING INDIA’S MEDIA LANDSCAPE: DEMOCRACY’S CHALLENGES AND PROSPECTS
AUTHOR’S NAME – Rhythm Sharma, BA.LLB (Hons.), Third Year.
INSTITUTION NAME – Aligarh Muslim University, Law Department.
ABSTRACT:
India’s media industry has grown exponentially over the past decade, becoming one of the world’s largest media markets and playing an integral role in the world’s largest democracy. Manifesting its crucial role, it is also known to be the “fourth pillar of democracy.” While various challenges like sensationalism, bias, paid news, misinformation, privacy invasion, media trail, invasive reporting, corporate interference, etc have undermined its credibility and blotted its responsible role in our society. The criticism it faces is illustrated by real-life cases and landmark judgments. Regulatory ambiguities, political interests, ownership concentrations, and media trials further complicate the situation. To address these challenges, a comprehensive approach is required which involves multiple stakeholders (journalists, media conglomerates, government, regulatory bodies, public etc) to uphold responsible journalism. Stricter
regulations…
(Volume 1 Issue 4 – 2023 )( Publication Date 20\ August/ 2023)
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ARTIFICIAL INTELLIGENCE IN ARBITRATION: EXPLORING THE
OPPORTUNITIES AND CHALLENGES.
AUTHOR’S NAME – Etishri Dash, Advocate.
AFFILIATION – Bhubaneswar District Court at Khurdha, Odisha, India.
ABSTRACT:
Technological advancements are changing so rapidly that the constant need to keep pace with ongoing developments becomes the very need for survival. Since the creation of Artificial Intelligence, there has been seen a strong force to introduce this system in each and every field. This force has also reached the doors of Arbitration where the daunting question of AI replacing humans comes into the picture. This research paper aims to analyze the various opportunities
and challenges caused due to AI in Arbitration and answer whether AI can really replace human arbitrators or not. The scholar has adopted the doctrinal method of study where it has analyzed articles, journals, surveys, case studies, and websites. The paper contains detailed information and explanation about AI and Arbitration, its Advantages, Challenges and Suggestions on the Topic.
(Volume 1 Issue 4 – 2023 )( Publication Date 22\ August/ 2023)
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India Striving for Public Health Emergency
AUTHOR’S NAME – Shreyanta Nag, BALL.B (Hons.), Fifth Year.
INSTITUTION NAME – Adamas University, School of Law and Justice, Kolkata, West Bengal.
ABSTRACT:
We, the humans, are striving every day to stay alive and live according to our whims and fancies. We work to earn, to get the three basic necessities of life i.e. food, clothing, and shelter. Living has been the utmost priority for us. The most essential part of the life that we strive to live is our health. We get our body and organs when we are born, but to keep that body and those organs working for long, it is important for us to take the utmost care. The World Health Organization defines health as “a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity”. But health is not just this, it’s the most precious wealth that keeps us alive and the value of life cannot be expressed in mere words.
(Volume 1 Issue 4 – 2023 )( Publication Date 28\ August/ 2023)
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Stories of anonymous identifies enclosed within the four walls (498-A IPC)
AUTHOR’S NAME – Shreyanta Nag, BALL.B (Hons.), Fifth Year.
INSTITUTION NAME – Adamas University, School of Law and Justice, Kolkata, West Bengal.
ABSTRACT:
The paper talks about what ‘cruelty’ or ‘marital cruelty’ actually is to our society and to the parties actually engaged in the cruel act i.e. the husband and his relatives along with the wife and her relatives. The ingredients as to what constitutes cruelty like harassment have been explained to the core. Also, the constitutional validity of the Section 498-A of the Indian Penal Code has been checked. The limit for the jurisdictional powers of the courts in the matter of
deciding cases regarding cruelty has been determined along with other things like their presumption, etc.
(Volume 1 Issue 4 – 2023 )( Publication Date 29\ August/ 2023)
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INDIAN INCOME TAX AND IT’S VARIOUS TOOLS.
AUTHOR’S NAME – Mohd Salim Khan.
AFFILIATION – Advocate Income Tax Jaunpur (U.P).
ABSTRACT:
Tax payment is mandatory for every citizen of the country. Taxation is the instrumental tool to procure resources for the government to enable it to formulate policy schemes for the overall development of the economy. Income tax plays an important role as a source of revenue and an effective measure of removal of economic disparity. Different objectives of taxation, each one of the comprehensive and cohesive tax system which can balance the different objectives in view of its own comprehensive and cohesive tax system which can balance the different objectives in view of its own requirements and goals. The present paper is an attempt to study the present tax structure in India and the recent reforms undertaken.
(Volume 1 Issue 4 – 2023 )( Publication Date 01\ September/ 2023)
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VELLORE CITIZENS WELFARE FORUM V. UNION OF INDIA AND ORS [1996] SUPP 5 SCR 241
AUTHOR’S NAME – Etishri Dash, Advocate.
AFFILIATION – Bhubaneswar District Court at Khurdha, Odisha, India.
Petitioner: Vellore Citizens Welfare
Respondent: Union of India Ors.
Date of Judgement: 28/08/1996
Bench: Justice Kuldip Singh, Justice Faizan Uddin, Justice K. Venkataswami
INTRODUCTION:
The ‘Vellore Citizens Welfare Forum v. Union of India case is a landmark case in India that holds significant importance in the context of environmental protection.1 This case not only addresses environmental issues but also encompasses various legal aspects. It introduced two major principles to India, namely the ‘Polluter pays principle’ and the ‘Precautionary principle.’ The case also emphasizes the concept of “sustainable development” to strike a balance between economic progress and environmental preservation.2
(Volume 1 Issue 4 – 2023 )( Publication Date 03\ September/ 2023)
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ENSURING ECOLOGICAL JUSTICE: UNDERSTANDING THE NATIONAL GREEN TRIBUNAL’S ROLR
AUTHOR’S NAME – Rhythm Sharma, BA.LLB (Hons.), Third Yea.
INSTITUTION NAME – Aligarh Muslim University, Law Department.
ABSTRACT:
On 18th October 2010, the National Green Tribunal was established to handle environmental protection and conservation cases effectively and expeditiously. Among its responsibilities are the conservation of forests, air and water pollution, waste management, biodiversity preservation, environmental clearance, soil degradation prevention, promotion of sustainable development, enforcing emissions control, and maintaining desired environmental standards,
its involvement in India’s carbon credit program as well as overseeing the implementation of environmental laws and regulations.
(Volume 1 Issue 4 – 2023 )( Publication Date 04\ September/ 2023)
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PRECEDENTS AS A SOURCE OF LAW IN THE INDIAN LEGAL SYSTEM
AUTHOR’S NAME – Nidhi Mishra, LL.B, Second Year.
INSTITUTION NAME – Gopaldas Jhamatmal Advani Law College, Mumbai, Maharashtra.
ABSTRACT:
“Precedent” literally means something that precedes or comes before. In every legal system, the courts rely on precedents. i.e. the previously established principles, laws, or decisions that form a backdrop for present and future judgments in case of similar facts and circumstances to guide them to decide and provide fair justice. The precedent is generally the decision led by the Higher Court. i.e. Supreme Court and it is binding on the lower courts to follow while deciding on a particular case. Hence judicial precedents are considered as guiding paths for the judges to decide for present and future cases.1 On the other way, it helps to save time, and labor for judges, and also helps to establish reliability, monotony, and stability in the application of the law.2
(Volume 1 Issue 4 – 2023 )( Publication Date 12\ September/ 2023)
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TAJ MAHAL HOTEL VS. UNITED INDIA INSURANCE CO. LTD
AUTHOR’S NAME – Himanshu Agarwal, LL.B, Third Year.
INSTITUTION NAME – Vivekanand Law College, Vastral, Ahmedabad.
ABSTRACT:
This case elaborates the concept of the bailor & bailee. The concept of the statutory bailer and bailee was first observed in the case of the State of Gujarat vs Haji Memon. In this case, the resolute stand of the court was observed that a premier hotel can’t escape from the bailor’s liabilities, just by apprising that they were not obligated for the loss of the customer in any of the circumstances. The concept of the bailer exists even when there is no contractual obligation between the parties. The other party in possession of the product must take reasonable care of the product. Keywords: Bailment, Taj Mahal hotel
(Volume 1 Issue 4 – 2023 )( Publication Date 13\ September/ 2023)
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MARITAL RAPE: UNDERSTANDING CONSENT WITHIN MARRIAGE.
AUTHOR’S NAME – Akshay Kumar Sirohi, LL.B, (Comp.).
INSTITUTION NAME – Dr. Bhimrao Ambedkar University, Agra.
ABSTRACT:
Marriage is often seen as a beautiful bond between two people who love and care for each other. It’s a commitment to support each other through the ups and downs of life. But within this sacred institution, a dark and troubling issue exists – marital rape. In this article, we will explore the painful reality of marital rape, why it’s deeply wrong, and how we can work together to combat it.
(Volume 1 Issue 4 – 2023 )( Publication Date 18\ September/ 2023)
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Navigating India’s Abortion Rights: From Legal Evolution to Social Challenges.
AUTHOR’S NAME – Upama Nath, LL.B, Third Year.
INSTITUTION NAME – George School of Law, Burdwan University, West Bengal.
ABSTRACT:
This article explores India’s dynamic landscape of abortion rights. Since the 1971 enactment of the Medical Termination of Pregnancy (MTP) Act, the legal framework has evolved significantly. We delve into its historical context, from a time when abortion lacked specific legislation to the present MTP Act. Crucially, we highlight recent amendments, including the 2021 change that extended abortion rights to unmarried women and increased the permissible gestational period to 24 weeks for specific cases. Underpinning these legal changes are constitutional principles, particularly Articles 211 and 142 , affirming women’s reproductive autonomy and right to equality. Notable court cases, like Meera Santosh Pal v. the Union of India,3 emphasize these rights, irrespective of marital status.
(Volume 1 Issue 4 – 2023 )( Publication Date 22\ September/ 2023)
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From Vedic Origins to Modern Challenges: India’s Diversity and Discrimination Saga.
AUTHOR’S NAME – Upama Nath, LL.B, Third Year.
INSTITUTION NAME – George School of Law, Burdwan University, West Bengal.
ABSTRACT:
ABSTRACT: This article delves into the intricate relationship between diversity and discrimination in India. It traces the historical origins of racial and caste-based discrimination, from the Vedic period to the British colonial era, shedding light on the enduring impact of these prejudices on Indian society. The article also examines contemporary manifestations of discrimination, including colorism, hate crimes, and racial abuse against various communities, highlighting the challenges faced by marginalized groups.1 While acknowledging the dark shadows of discrimination, the article also discusses India’s legal framework, including the Constitution and key legislative measures, aimed at combating discrimination and promoting equality. It explores how these legal provisions serve as a foundation for addressing discrimination and fostering a more inclusive society.2 Moreover, the article emphasizes the global dimension of racial discrimination, as it affects Black foreigners studying and working in India
(Volume 1 Issue 4 – 2023 )( Publication Date 22\ September/ 2023)
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Integrating Technology with Law
AUTHOR’S NAME – Saptarshi Deb, LL.B, Third Year.
INSTITUTION NAME – George School of Law, Burdwan University, West Bengal.
ABSTRACT:
The legal industry has transformed from a closed profession into a global business enterprise over the last five decades. Recent years have seen legal technology, accelerated by the COVID19 pandemic, drive significant changes. These changes encompass not only how legal work is conducted but also the nature and volume of legal tasks and communication within the legal profession and with clients. Legal technology, often called legal tech, includes technologies and software that have substantially altered the delivery of legal services. It aims to simplify legal practices for attorneys and legal professionals while providing greater access to legal expertise and justice for clients. In India, online court proceedings became common during the pandemic, illustrating the legal sector’s adaptability to technology.
(Volume 1 Issue 4 – 2023 )( Publication Date 24\ September/ 2023)
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Integrating Technology with Law
AUTHOR’S NAME – Saptarshi Deb, LL.B, Third Year.
INSTITUTION NAME – George School of Law, Burdwan University, West Bengal.
ABSTRACT:
The legal industry has transformed from a closed profession into a global business enterprise over the last five decades. Recent years have seen legal technology, accelerated by the COVID19 pandemic, drive significant changes. These changes encompass not only how legal work is conducted but also the nature and volume of legal tasks and communication within the legal profession and with clients. Legal technology, often called legal tech, includes technologies and software that have substantially altered the delivery of legal services. It aims to simplify legal practices for attorneys and legal professionals while providing greater access to legal expertise and justice for clients. In India, online court proceedings became common during the pandemic, illustrating the legal sector’s adaptability to technology.
(Volume 1 Issue 4 – 2023 )( Publication Date 24\ September/ 2023)
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Key Player in Corporate Insolvency: The Resolution Professional’s Role Unraveled.
AUTHOR’S NAME – Adarsh Anand Amola, BBA LLB (Hons.), Third Year.
INSTITUTION NAME – Indian Institute of Management, Rohtak.
ABSTRACT:
This research paper delves into the intricate legal landscape surrounding the appointment, replacement, eligibility, and responsibilities of Resolution Professionals (RPs) within the framework of India’s Insolvency and Bankruptcy Code (IBC). It meticulously examines the provisions of the IBC, coupled with relevant case law, to shed light on the pivotal role played by RPs in the Corporate Insolvency Resolution Process (CIRP). The paper highlights the criteria for replacing an RP, emphasizing the need for adherence to eligibility conditions and written consent. Furthermore, it delineates the multifaceted responsibilities of RPs, emphasizing their role as intermediaries between debtors and creditors, and their statutory duties and powers. The paper also clarifies the distinct roles of RPs and the Committee of Creditors (CoC) within the IBC framework. Through this comprehensive analysis, the paper offers a nuanced understanding of the dynamics and regulations governing RPs, enhancing clarity in the implementation of the IBC.
(Volume 1 Issue 4 – 2023 )( Publication Date 26\ September/ 2023)
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The IBC Moratorium: A Legal Pause Button for Creditors and Debtors.
AUTHOR’S NAME – Adarsh Anand Amola, BBA LLB (Hons.), Third Year.
INSTITUTION NAME – Indian Institute of Management, Rohtak.
ABSTRACT:
The implementation of the Insolvency and Bankruptcy Code (IBC) in India has led to a transformative shift from a “debtor in possession” to a “creditor in control” model for corporate debtors during the Corporate Insolvency Resolution Process (CIRP). This paper delves into the core of this transformation, focusing on the moratorium declared under IBC Section 14. The moratorium is a critical element that temporarily suspends various actions against the corporate debtor, allowing an Interim Resolution Professional (IRP) or Resolution Professional (RP) to manage and rehabilitate the company.
(Volume 1 Issue 4 – 2023 )( Publication Date 26\ September/ 2023)
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