Publications

ABSTRACT For the settlement of cross-border conflicts, the majority of companies in almost every industry choose for international commercial arbitration. Litigation does not give the flexibility and neutrality of a neutral court that results in an award that is practically enforceable everywhere. Like international business itself, international arbitration can present particular difficulties because the parties …

TITLE: THE LEGAL ISSUES AND CHALLENGES FACED BY INTERNATIONAL COMMERCIAL ARBITRATION Read More »

ABSTRACT For the settlement of cross-border conflicts, the majority of companies in almost every industry choose for international commercial arbitration. Litigation does not give the flexibility and neutrality of a neutral court that results in an award that is practically enforceable everywhere. Like international business itself, international arbitration can present particular difficulties because the parties …

TITLE: THE LEGAL ISSUES AND CHALLENGES FACED BY INTERNATIONAL COMMERCIAL ARBITRATION Read More »

ABSTRACT The world’s continuance and conservation is possible due perseverance of the ethical and social heritage by the traditional guardians of environmental resources, knowledge, artifacts, expressions, learning’s ‘the indigenous people or population’. They are strategically equipped and skilled for their survival and passage of linage which makes them conservators of most traditionally unexploited knowledge and …

TITLE:- THE REGULARIZATION OF UNAUTHORIZED ACCESS TO THE TRADITIONAL KNOWLEDGE AND RESOURCES OF INDIGENOUS PEOPLES. Read More »

Abstract  This research paper examines India’s legal framework for biodiversity offsetting, focusing on the challenges of balancing economic development with conservation efforts in the context of climate change. The study analyzes existing laws, policies, and practices related to biodiversity offsetting in India, comparing them with international standards and approaches in other developing countries. Through case …

“Balancing Development and Conservation: A Critical Analysis of India’s Legal Framework for Biodiversity Offsetting in the Face of Climate Change” Read More »

ABSTRACT  This paper is the result of a study which explored  Global Complex emergencies. The paper examines the long term impact of the crisis on the population by utilizing different methods to investigate the complexities. Findings revealed significant gaps in legal framework and international cooperation KEYWORDS Refugee, asylum seeker, internally displaced, resilience, international organization, conflict, …

HUMANITARIAN CRISIS: EXPLORING THE COMPLEX EMERGENCIES  Read More »

Abstract: Our society is constantly evolving and adaptable, in other words, the nature of society is not fixed as many changes take place. Regardless of how traditional and conservative a society may be every society and culture experiences constant change. These changes encompass a wide range of aspects including the behaviour of individuals, economic shifts, …

Title: Social change in India  Read More »

Submitted by   Adarsh Gautam  B.B.A. LL.B 1st semester  Mnlu,Nagpur Submitted to Amikus Qriae TABLE OF CONTENTS INTRODUCTION 3 RESEARCH DESIGN 5 a) Research Problem 5 b) Research Methods 5 c) Research Aim and objectives 5 d) Research Questions 5 ANALYSIS 6 Legal Aspect 6 What Is Euthanasia and right under Art 21 of the Constitution. …

 Euthanasia the evolving concept in India and its legal terminology Read More »

Abstract The research paper examines the evolution of various legislation and policies for environmental protection, from the ancient period to the modern times. It analyses the efforts to preserve the environment and factors that shaped the dynamics of policy, from ancient text such as the Vedas, Shastra and Kautilya’s Arthashastras, to the modern-day specific laws …

The Evolution of Environmental Legislation in India Read More »

Abstract A person can experience sexual harassment regardless of their gender, caste, color, or status. Furthermore, sexual harassment has spread beyond the four walls of the home and into the workplace and other comparable settings. Nonetheless, sexual harassment laws in India exclusively address safeguarding women from sexual harassment in its many forms. Every Act has …

The POSH Act: Examining Allegations of Misuse in India Read More »

Abstract  This research delves into the domain of property rights for illegitimate children across various  personal laws. The study then navigates through the influence of judicial decisions on the  evolution of property rights for illegitimate children. A comparative analysis of court rulings  sheds light on how these legal precedents have shaped the inheritance landscape. Furthermore,  …

Property Rights of an Illegitimate Child under Personal Laws – A Comparative Study.  Read More »

ABSTRACT  Parliamentary Privileges are one of the vital aspects of any legislative system around the world. They enable the law-makers and other crucial members of the legislative body to openly express their views or debate during sessions on any public policy, bills, and other necessary sanctions without any fear or favor. This is necessary to …

PARLIAMENTARY PRIVILEGES: ANALYZING LEGISLATIVE IMMUNITY & FREEDOM OF SPEECH IN LIGHT OF LANDMARK JUDGMENTS Read More »

Abstract: The continuously evolving business landscape presents the need for a structured legal system to deal with insolvency cases. The primary contention of this paper is that the current legal framework, which overlooks Insolvency and Bankruptcy in India, does not adequately address group insolvency. The companies prefer group operations for several benefits; meanwhile, the creditors also …

“Bridging the Legal Gaps: The Exigency for a Group Insolvency Framework in India’s Business Ecosystem.” Read More »

Abstract: India’s Aadhaar biometric system, aimed at enhancing service delivery and fostering financial inclusivity, has shown notable benefits. For instance, it has simplified the Know Your Customer (KYC) procedures, which has played a crucial role in the expansion of bank account access through programs such as the Pradhan Mantri Jan Dhan Yojana (PMJDY). Moreover, Aadhaar …

Assessing the Effectiveness and Privacy Implications of Aadhaar Biometric Authentication in India Read More »

ABSTRACT The abstract encapsulates a detailed examination of the under-addressed issue of male victims of sexual offenses and the necessity for re-evaluating legal frameworks like Section 375 of the Indian Penal Code. The paper explores the historical gender biases in discussions surrounding sexual violence and the crucial need to acknowledge men as victims of heinous …

Unveiling the Silenced: Analyzing the Legal Status of Sexual Offenses Against Men Read More »

By: Aakriti Singh, LLB, Amity University Noida FACTS OF THE CASE The Competition Act, 2002 (‘Competition Act’) and the Patents Act, 1970 (‘Patents Act’) have objectives that, by their respective nature, are slightly contrary to each other. While the Competition Act has a prime aim at protecting the market against anti-competitive practices, the Patent Act …

Telefonaktiebolaget LM Ericsson v. Competition Commission of India, 2023 SCC OnLine Del 4078 Read More »

By Anika Bubna, O. P. Jindal Global University ABSTRACT Winding up a corporation on just and equitable grounds is a pivotal judicial tool in Indian corporate law, granting courts significant discretion to dissolve a company when its continued operation is deemed unfavourable to stakeholders or generally unfair. This paper aims to explore the legality, grounds, …

JUST AND EQUITABLE GROUNDS FOR WINDING UP A COMPANY: A WIDE DISCRETIONARY POWER GRANTED TO  TRIBUNALS IN INDIA Read More »

ABSTRACT  This study explores the profound impact of patent laws on innovation within the technology industry, focusing on how patents serve as both protective mechanisms for inventors and catalysts for technological progress. At the core patents grants exclusive rights to inventors, allowing them to prevent unauthorized use of their creation. This exclusivity is essential as …

IMPACT OF PATENT LAWS ON INNOVATION IN THE TECH INDUSTRY Read More »

ABSTRACT This paper investigates the economic impact of legalizing recreational drugs, focusing on tax revenue, public health costs, law enforcement savings, employment, and black market dynamics. Data from U.S. states like Colorado and California, and international examples from Canada, Uruguay, and others, highlight significant fiscal benefits, including increased tax revenues and job creation. Public health …

THE ECONOMIC IMPACT OF LEGALIZING RECREATIONAL DRUGS Read More »

Abstract The coalescence nature of Intellectual Property Rights (hereinafter termed as ”IPR”) and Competition Law hereinafter termed as ”CL”) is often perceived as a dichotomy, akin to antithetical nature of Magnets. As IPR bring in monopolies to spur innovation whereas, CL necessitates the idea of free markets and repudiates the monopolies concept. But,  a deeper …

Maneuvering the Need for Balancing Competition Act and Intellectual Property Rights: The Role of Section 3(5)(i) of the Competition Act ,2002 Read More »

ABSTRACT Sedition has been one of the most debatable issues in the Indian legal framework since its inception. Section 124 of the Indian Penal Code, 1860 defines sedition along with the punishment misused earlier by the hands of the Colonial Government and then the Government of Independent India. Originally, sedition was brought in by the …

COMPARATIVE ANALYSIS OF SEDITION UNDER INDIAN PENAL CODE AND BHARTIYA NYAYA SANHITA Read More »

Abstract This paper looks at important studies on white-collar crimes and how they are enforced. So, what exactly is white-collar crime? Well, it alludes to wrongdoings committed by taught individuals from higher social classes in their employments. In this discussion, we’ll cover the many challenges we face when trying to prosecute these crimes, like fraud, …

White Collar Crime and Regulatory Enforcement: Examining the Challenges and Strategies in Prosecuting White-Collar Crimes Read More »

ABSTRACT: – The world has experienced a very rapid development of Artificial Intelligence (AI) in almost all spheres and areas, threatening to expose us into the downside risks that come with it. With AI systems becoming more and more autonomous, it is important to establish regulations that define appropriate behaviour while developing, deploying or using …

REGULATING AI – BALANCING BETWEEN INNOVATION AND ACCOUNTABILITY Read More »

FACTS: –  EVMs came into use in elections in India in the 1980s. The first EVMs were used in a by-election in Kerala in the year 1982. Bundles of discussion and debate later, EVMs were accepted and were inducted into service in elections. In the 1980s and early 1990s, EVMs were debated among politicians and …

WRIT PETITION (CIVIL) NO. 434 OF 2023 ASSOCIATION FOR DEMOCRATIC REFORMS …. PETITIONER VERSUS ELECTION COMMISSION OF INDIA AND ANOTHER …. RESPONDENTS Read More »

“Without community service, we would not have a strong quality of life. It is important to the person who serves as well as the recipient. It is the way in which we ourselves grow and develop.” – Dorothy Height ABSTRACT The introduction of community service as an indispensable form of discipline in India marks a …

COMMUNITY SERVICE AS A NEW PUNISHMENT IN INDIA. IT’S EFFECT AND ITS IMPLEMENTATION. Read More »

ABSTRACT Amidst increasing global climate concerns, India’s coastal regions faces challenges that has troubled global coastal regions and island nations for a while now, including rising sea levels, marine pollution, and unsustainable development. This paper explores India’s legal framework for maritime environmental protection, focusing on the various international and national legislations and guidelines. Despite comprehensive …

ANALYZING ENVIRONMENTAL PROTECTION FROM THE PERSPECTIVE OF MARITIME ENVIRONMENT IN INDIA Read More »

Fouzaan Ahsan1 Abstract This paper delves into the controversial issue of determining the legal age at which one can be prosecuted for heinous crimes by examining various legal approaches to treatment of juvenile offenders that reveals considerable discrepancies in the ages at which individuals are considered to bear criminal responsibility. The study is concerned with …

Innocence Shattered – Justice Challenged: Unraveling the Dilemma of Prosecuting Young Killers in an Era of Evolving Neuroscience and Shifting Moral Boundaries Read More »

ABSTRACT Child custody cases are very problematic in any legal system because they include the most personal and emotional matters of a family. With a specific focus on the principle of the best interest of the child, under the organized legal regime for child custody, this paper tries to find out how this standard is …

TOPIC- CUSTODY BATTLES: LEGAL FRAMEWORK AND BEST INTEREST OF THE CHILD Read More »

Torture, a grave violation of human dignity, remains a persistent challenge to global efforts in upholding fundamental human rights. This research explores the profound impact of torture on international human rights law, highlighting how this abhorrent practice has shaped legal frameworks and policy responses globally. Historically, torture has been employed by state and non-state actors …

THE IMPACT OF TORTURE ON INTERNATIONAL HUMAN RIGHTS LAW Read More »

Abstract Refugee crisis is not new to the world. Many people since the past are forced to flee from their home country due to the fear of war, religious persecution to take shelter in other countries. India due to its geopolitical conditions is the destination to the refugee from the neighbouring countries. There are certain …

Refugee Rights in India: A Comprehensive Analysis Read More »

Abstract With the grave dangers of environmental degradation looming over us, it is essential for all nations to revamp themselves sustainably. However, in developing nations, many actions towards growth and progress are unsustainable. To move beyond clashes between the environmental protection and development of countries, nations are working on finding ways to accommodate sustainability in …

Assessing Environmental and Legal Challenges in the Implementation of the Smart Cities Mission Read More »

Abstract: Drug abuse among juveniles is a dominant problem which is increasing constantly. The most of the population of juvenile offenders are drug abusers, who engage themselves into crimes like murder, rape, theft, burglary, etc., which also leads to increased crime rate in a country. This research paper explores the issue of drug abuse among …

Drug Abuse Among Juveniles: An Examination of Justice System’s Role Read More »

Abstract In the twentieth century, after the documentation of human rights, the struggle for inclusion of sexual orientation and recognition of gender identity (SOGI) in legal frameworks became an important issue. The broad human rights framework encompasses LGBTQ+ rights but its application in individual states is nuanced rather than positive. The countries differ in their …

Navigating LGBTQ+ Rights in Africa: Legislative obstacles and Way ahead Read More »

BY TANUJA KARRI Abstract: This article illuminates the intricate legal landscape surrounding Marital Rape within the context of Indian Law. “Rape” is given under Section 3751 of Indian Penal Code as the “sexual intercourse against the will of a woman, without her consent, by coercion, misrepresentation or fraud or during that time when she has …

“THE HIDDEN CRIME: MARITAL RAPE AND ITS COMPREHENSIVE STUDY” Read More »

The Corporate Social Responsibility concept is enrooted in the history of India and is nothing new, India is one of the first countries to legally mandate CSR through Section 135 of the Companies Act 20131 which sets a bar for all companies which has the said profit and income to spend on CSR. The Section …

SECTOR-SPECIFIC CORPORATE SOCIAL RESPONSIBILITY ABSTRACT Read More »

ABSTRACT  Child prostitution is a major concern in India where this issue has not been hidden in the public domain nevertheless is being silently ignored. Thousands of children are being forced to become part of this illegal practice. These children are either sold to such trade or are born to sex workers and in both …

EXPLORING THE RIGHTS OF CHILDREN IN BROTHELS THROUGH A LEGAL LENS Read More »

ABSTRACT: Artificial intelligence (AI) is transforming the landscape of medical science with its extensive and growing applications. From diagnosing patients with unprecedented accuracy and accelerating drug discovery and development to improving physician-patient communication, transcribing medical documents, and facilitating remote patient care, AI is at the forefront of medical innovation. Recent advancements have enabled AI systems …

ARTIFICIAL INTELLIGENCE: HOW IS IT CHANGING MEDICAL SCIENCES AND ITS FUTURE? Read More »

ABSTRACT In today’s digital era, cyber attacks pose formidable challenges to the confidentiality and integrity of legal systems worldwide, including in India. This research examines the impact of cyber attacks on the Indian legal panorama, highlighting the vulnerabilities faced by law firms, legal professionals and other legal entities. The study adopts a qualitative approach, inclusive …

CYBER ATTACK: NEW THREAT TO LEGAL PANORAMA Read More »

Abstract The rapid expansion of consumer markets in India, driven by globalization, has resulted in an increase in the variety of goods and services available. Major corporations are employing innovative advertising techniques to capture the attention of a diverse and growing audience. However, this surge in advertising has also led to a rise in false, …

Title: Regulating Misleading Advertisements in India: Challenges and Solutions in the Era of Consumer Protection Read More »

Abstract Women’s Reservation Bill or the Nari Shakti Vandan Adhiniyam, is a landmark legislative initiative in India as it paves the way for the much-needed political participation of women in Indian Politics. It aims at reserving one-third of the seats in the Lok Sabha and State legislative assemblies for women. This paper aims at exploring …

Women’s Reservation Bill (Nari Shakti Vandan Adhiniyam) Read More »

ABSTRACT The legal system of India has experienced substantial changes since independence, with various amendments to adapt to the changing sociopolitical context. India has recently transformed its legal landscape by introducing new criminal bills in the parliament. In August 2023, three new criminal bills in the Parliament were introduced which sought to replace the previous …

NEW CRIMINAL LAWS: ESCALATING POLICE CUSTODY RIGHTS Read More »

Abstract Artificial Intelligence (AI) is signifying its role universally with its powerful techniques and intelligence by generating data and providing various modes of information with regards to simplifying the human work and load taking ability. The judicial system on another hand works immensely in providing justice. This research investigates the potential power of the AI …

“Artificial Intelligence & Judicial Decision Making: Enhancing Efficiency and Value While Preserving Human Judgement in Complex Cases” Read More »

ABSTRACT: Climate change finds itself being at the forefront of the most discussed problems in the world. Although changes have been noted in the Earth’s climate throughout in its history, the prevailing increase in temperature is occurring at a rate that has not been seen in the last 10 millennia. Inevitably, human activities have been …

Legal Framework for the Mitigation of Climate Change in India: A Study Read More »