Publications

ABSTRACT: The controversial topic of euthanasia in India has spurred discussions about ethics, morality, and legality. Euthanasia, which has its roots in the desire to put an end to extreme suffering in a dignified manner, is a complicated topic with many different variations and legal implications. This essay investigates the moral and legal aspects of …

THE DIGNITY OF CHOICE: EUTHANASIA AND RIGHT TO DIE LAWS IN THE INDIAN CONTEXT Read More »

Anshika Misra ABSTRACT: The Insolvency and Bankruptcy Code (IBC) of 2016 revolutionized India’s approach to resolving distressed assets, providing a structured framework for insolvency proceedings. However, the issue of inter se priority among secured creditors remains a challenge within the Code, leading to uncertainty and inconsistency in its application. Despite efforts by the Bankruptcy Law …

Uncovering Flaws in the Waterfall Mechanism: A Study of Section 53 of the IBC, 2016 Read More »

Abstract India is making progress in various medical, economic, and social areas. However, the care of transgender individuals is still hindered by biases and taboos. Interestingly, Hindu mythology regards transgender individuals as equal to other genders. The concept of “tritiyaprakriti” or “napumsaka” has been an integral part of Hindu mythology, folklore, epic, and early Vedic …

SITUATION OF TRANSGENDER IN PRISON AND RELATED LAWS IN INDIA Read More »

Abstract India is a democratic country. Its diverse cultures and traditions paint a vibrant picture of diplomacy, where every voice finds a place. Elections, which are far from religious rituals, enlighten the power of the country. Fixed within the pages of India’s constitution are rights, freedom, and equality among the people. However, recent years have …

Democracy Derailed: Tracing India’s Drift Toward Dictatorship Read More »

ABSTRACT Bharatiya Nyaya Sanhita was introduced on 11 August 2023 and received President’s assent on December 25, 2023 to replace Indian Penal Code. It will become effective from July 1, 2024 replacing Indian Penal Code which has been a backbone of our criminal justice system for more than 6 decades. BNS will effectively replace IPC, …

FALSE PROMISE OF MARRIAGE: AN OFFENCE UNDER BNS. Read More »

 Author – Mayukh Parial   2nd Year, BBA.LLB(H), UEMK  Contact – mayukhparial@gmail.com  LinkedIn: www.linkedin.com/in/mayukh07  ACKNOWLEDGEMENT: In spite of and addition to the due mention and recognition given to priorly existing literary work used for reference/citations in  compiling/arranging the data incorporated in this paper, the Author humbly proclaims that if any further due bibliographical recognition is …

Navigating Copyright Laws Across International Jurisdictions & Critically Distinguishing Its Spirit Inter Se with  Demarcative Discern  Read More »

FIRST TASK – RESEARCH PAPER BATCH – MAY’ 2024 SUBMITTED BY:   PARAS ADESARA   MARWADI UNIVERSITY   3rd YEAR LAW STUDENT TABLE OF CONTENT SR NO. PARTICULARS PAGE NO. 1 ABSTRACT 3 2 INTRODUCTION 3 3 REVIEW OF LITERATURE 4 4 RESEARCH METHODOLOGY 4 5 (A)ADMINISTRATIVELAWANDGOODGOVERNANCE 5-6 6 (B)ADMINISTRATIVELAW’SFUNCTIONINGOODGOVERNANCE 7-11 7 (C)TRANSPARENCY AND ACCOUNTABILITY’S …

TOPIC: PROMOTING ACCOUNTABILITY AND TRANSPARENCY: THE ROLE OF ADMINISTRATIVE LAW IN GOOD GOVERNANCE Read More »

ABSTRACT: When we talk about the international relations maritime disputes always generate heavily, new recent circumstances create a focus for The Law of the Sea to be the ultimate adjudicate over these disputes. Tackling the newest stages of the unilateral diplomatic game and exploring one of the most significant legal tools for controlling maritime conflicts …

The Law of the sea: Navigating Maritime Disputes Read More »

ABSTRACT The COVID-19 pandemic has resulted in unprecedented global issues that impact various domains of governance and legality. This study project looks specifically at how the epidemic has affected India’s property laws, with a focus on intellectual property rights like copyright, trademark, and patent laws. The beginning of the pandemic accelerated the passage of historic …

The Impact of COVID-19 Pandemic on Property Laws in India, Including Patent Rights, Trademark Rights, Copy Rights Laws Read More »

Abstract: SARFAESI Act, 2002 This act basically came into force to decrease the amount of NPAs that were happening and provide protection to the banks and financial institutions. This paper here deals with the different methods of recovery of debt by the secured creditor, like securitization and asset reconstruction, but in addition, there are many …

SARFAESI Act, 2002: Are methods of recovery affects the rights of borrowers? Impact of the recent amendment in Section 13(8). Read More »

Abstract This paper discusses anomalies in the new Bharatiya Nyaya Sanhita Bill 2023 and conducts a comparative analysis between the proposed bill and the established Indian Penal Code (IPC) with special regard to laws concerning rape and unnatural offences. Using the methodology of doctrinal research, comparative analysis of the bill has been done. The writer …

Critical Analysis of Bharatiya Nyaya Sanhita 2023 and the Indian Penal Code, 1860 with special regards to laws concerning rape and unnatural offences. Read More »

Introduction Wiretapping, the covert monitoring and recording of telephone and internet communications, has long been a powerful tool for law enforcement and intelligence agencies. Its ability to intercept real-time conversations provides critical insights into criminal activities, national security threats, and other significant investigations. However, this powerful surveillance technique also brings to the forefront a host …

Wiretapping: Unveiling the Intricacies of Surveillance and Privacy Read More »

Abstract Provisions for amendment of the Indian constitution is made with a view to overcome the difficulties, which may encounter in future in the working of the Constitution. No generation has monopoly of government according to their requirements. If no provisions to extra constitutional method like revolution to change the Constitution.  It has been the …

Title- Amending the Constitution of India: Process and Limitations         Read More »

Abstract  In order to grant daughters the status of coparceners, or the same rights on the property of their fathers’ ancestors, the Hindu Succession (Amendment) Act, 2005 was enacted.  Coparcenary property was a special kind of joint family property that was exclusively inherited by male lineal descendants of a common ancestor by birth prior to …

Decoding Right to Property for Female Coparcenary Read More »

  Abstract This paper critically examine the admissibility and evidentiary value of dying declaration by assessing various judicial pronouncement. This paper meticulously explores the historical development of dying declaration which presumes the veracity of statements made in the face of impending death by assessing their roots to the 1789 case of King v William Woodcock and …

EVIDENTIARY VALUE OF DYING DECLARATION UNDER INDIAN EVIDENCE ACT Read More »

 Abstract: Gender discrimination within law enforcement agency remains a persistent and complex issue, with significant implications for organizational culture, effectiveness and public trust. Despite the progress made in recent decades, women continue to face significant barriers to equal opportunities and fair treatment in law. It is a pivotal field to discuss as without equality there …

Title: Gender Discrimination in Law Enforcement: A Comprehensive Analysis Read More »

ABSTRACT Adoption under Hindu Law requires meeting various conditions and requirements in order to be legitimate, which are governed by a codified set of rules and regulations. When a child is adopted, the biological parents legally give up all parental rights and duties to the adoptive parents. The adopted parents become the child’s natural parents. …

UNDERSTANDING ESSENTIALS OF ADOPTION: THE INTERSECTION OF HINDU LAW AND CHILD WELFARE THROUGH CASE STUDIES Read More »

ABSTRACT: Gene editing and genetic enhancement technologies can be likened to superheroes when it comes to securing our food sources and improving farming efficiency. They possess incredible power, yet they also bring forth a range of challenges. These challenges encompass aspects such as establishing clear guidelines and regulations, defining ownership rights, ensuring the safety of …

TITLE: LEGAL IMPLICATIONS OF GENE EDITING AND GENETIC ENHANCEMENT IN AGRICULTURE Read More »

ABSTRACT Advances in science and technology have made forensic science a vital part of the justice system. DNA evidence has played a vital part in the criminal justice system in recent years. In many cold cases, there was a lack of traditional evidence. DNA evidence helps in criminal investigations and establishes a connection between the …

Use of DNA evidence in criminal justice systems.  Read More »

ABSTRACT:- Testimony may be defined as a formal statement made by witness to what they saw and know about the situation after they promise to tell the truth in court. Section 118-134 of Indian evidence act define who can testify as witness, what statement will be considered as testimony etc. Section 118 of Indian evidence …

TITLE – SUBMISSION OF ANIMAL TESTIMONY IN COURTS AND ITS RELEVANCE IN FUTURE     Read More »

Abstract: This paper examines the complex relationship between intellectual property (IP) trademarks and economic recessions. Trademarks, a critical component of IP, serve as valuable business assets by protecting brand identity and consumer trust. However, during economic downturns, businesses face unique challenges and opportunities regarding their trademark portfolios. This paper explores how recessions impact trademark registration …

Trademark Strategies in Economic Downturns: Safeguarding Intellectual Property Amid Recession: Read More »

Abstract The concept of indirect discrimination, while seemingly neutral on the surface, poses significant challenges to equality and inclusion in various facets of society, particularly in the workplace. This abstract delves into the meticulous dynamics of indirect discrimination, contrasting it with direct discrimination, and explores its manifestation through case studies and legal precedents within Indian …

Indirect discrimination: analyzing contemporary mechanisms against women in workplace. Read More »

Abstract:  Gender workers, prison staff and people with disabilities face discrimination, harassment, and discrimination. Gender, as well as factors such as class, wealth and disability, exacerbate the problems faced by these groups. Social workers are often punished and discriminated against, have limited economic opportunities, lack legal protections, and face significant risks of abuse. Promoting gender …

THE COMPREHENSIVE APPROACH TO PROMOTE GENDER JUSTICE FOR MARGINALISED SEGMENTS OF SOCIETY. Read More »

Abstract This research paper examines the constitutional challenges faced by indigenous communities in India regarding tribal rights and land disputes. Despite constitutional provisions and international commitments, indigenous communities continue to encounter obstacles in protecting their ancestral lands and preserving their cultural heritage. The paper critically analyses the implementation gaps in constitutional provisions, explores the impact …

 Title: Tribal Rights and Land Dispute in India: Constitutional Challenges in Protecting Indigenous Communities Read More »

I. Introduction The compulsory imposition of financial charges by governments on persons and corporations is known as taxation. Taxation is important to accomplish tasks like raising money to pay for public services, dividing the wealth to encourage social justice, monitoring behaviour to solve social issues (such as tobacco, alcohol, or carbon emissions to discourage their …

The Pink Tax: Inequality should be outlawed Read More »

Abstract This article discusses the pros and cons of implementing a Uniform Civil Code (UCC) in India. The UCC would be a set of laws governing marriage, inheritance, adoption, etc., that applies to all Indians regardless of religion. Supporters of the UCC argue that it would promote gender equality, national unity, and social progress. They …

UNIFORM CIVIL CODE: A BOON OR BANE FOR INDIA Read More »

“The law is reason, free from passion.”                                                           – Aristotle Abstract: This paper focuses on the intricate legal debates and constitutional controversies that have arisen following the implementation of the Citizenship Amendment Act (CAA) in India. The primary objective of this research is to analyze the various legal aspects and constitutional dilemmas associated with the …

Navigating the Legal Maze: Constitutional Challenges and Implications of the Citizenship Amendment Act (CAA) Read More »

ABSTRACT The populace of a nation is categorized into Citizens and Non- Citizens ( Aliens). Gaining citizenship in India is intricate as the Constitution lacks definite or comprehensive provisions regarding Citizenship. The aspect of Citizenship, which should have normally been dealt by the legislature or the parliament, been taken into consideration by the Constitution of …

TITLE – The CAA Conundrum: Context, Clarity and Consequences Read More »

The debate over the implementation of a Uniform Civil Code (UCC) in India has been a contentious issue for decades. A UCC seeks to replace the diverse personal laws rooted in the scriptures and customs of India’s major religious communities with a common set of rules applicable to all citizens. Proponents argue that a UCC …

The Uniform Civil Code: A Boon or a Bane for India? Read More »

ABSTRACT  This paper examines the anti-doping landscape in India, focusing on the National Anti-Doping Agency (NADA) and its relationship with key stakeholders. We explore NADA’s connection to the Sports Authority of India (SAI) for implementation and UNESCO for educational initiatives. The crucial role of the World Anti-Doping Agency (WADA) in establishing the anti-doping code and …

ANTI-DOPING LAWS AND REGULATIONS IN INDIA Read More »

Abstract  The Information Technology Act, 2000 provides a legal framework for electronic governance by recognizing electronic records and digital signatures. It addresses cybersecurity concerns by defining offences related to unauthorized access, data breaches and cybercrimes, along with prescribing penalties for such activities. In today’s world no one wants any kind of interference or threat in …

Protecting Personal Data and Intellectual Property: Section 43 of the Information Technology Act 2000 and Its Legal Implications  Read More »

Abstract  A juvenile or child is a person under 18 years old. International law recognizes any person under the age of 18 as a child. A child is defined by the United Nations Convention on the Rights of the Child (UNCRC) which has become universally acceptable. The Juvenile Justice Care and Protection of Children Act, …

Evolution of Juvenile Justice Read More »

Abstract One of the reasons behind people not approaching the court of law to seek justice in case of any unlawful event is the common belief that “proceedings of a court are too expensive” and as a lower middle-class citizen of the country, it is difficult to have funds to cover these costs. Court fees, …

Impact of Litigation Finance on Corporate Litigation Trends Read More »

Prashant Bhushan, the individual accused of contempt, is an experienced senior advocate with over thirty years of involvement in public interest litigation across various high-profile cases. On July 22, 2020, a petition was lodged against both Prashant Bhushan and Twitter Inc. in the Supreme Court of India, drawing attention to two tweets posted by Bhushan. …

“Analyzing the Prashant Bhushan Contempt of Court Case” Read More »

ABSTRACT:  This paper talks about a recent issue faced by a large number of members due to the one of the most rapidly evolving field named as “Artificial Intelligence”. Issues such as data privacy, intellectual property rights, and liability for AI-generated errors pose significant legal challenges. It discusses about which law would apply, or whether criminal …

TITLE: ARTIFICIAL INTELLIGENCE AND LIABILITY LAWS  Read More »

Abstract Surrogacy is a preferred path chosen and is becoming increasingly popular among many couples who want to but are unable to have children on their own, even though it can be challenging for both parties. It is a practice where a surrogate carries and gives birth to a child that she intends to give …

The Role of Mediation and Arbitration in Surrogacy Disputes Read More »

By – Mayukh Parial (Author) University of Engineering and Management, Kolkata  Contact No. 7439445758 Email: mayukhparial@gmail.com 3rd Semester, 2022-27 Batch, BBA LLB (H)                                                                                                                  &  Sanchari Das (Co-author) University of Engineering & Management, Kolkata Contact No.  89675 70078 Email: dastitli168@gmail.com 3rd Semester, 2022-27 Batch, BBA LLB (H) ABSTRACT A profession is something that is practised by …

PROTECTING HUMAN RIGHTS AND AUTONOMY OF SEX WORKERS: INDIA LEAPING TOWARDS LIBERAL BREAKTHROUGH Read More »

Abstract: In India, the 2019 Citizenship Amendment Act (CAA) has generated a great deal of discussion and contention. The goal of this paper is to present a thorough legal examination of the CAA, looking at its constitutionality, effects on citizenship, and conformity to international agreements and standards. The study contends that although the CAA aims …

Scrutinizing the Citizenship Amendment Act: A Legal Analysis Read More »

THE AMIKUS QRIAE NAME – LAVANYA MITTAL GROUP   SAMRIDDHI AND SUDESHNA MONTH OF INTERNSHIP   APRIL MODE OF INTERNSHIP  VIRTUAL TASK  FIRST WEEK TASK INTO-EVOLUTION The media plays a crucial role in society, acting as the Fourth Pillar of Democracy alongside the Legislature, Executive, and Judiciary. In India, the freedom of the press is protected under …

RESEARCH QUESTION – THE IMPACT OF MEDIA TRIALS ON LEGAL PROCEEDINGS AND RIGHT OF THE DISPUTING PARTIES: A CRITICAL ANALYSIS THROUGH CASE LAWS Read More »

ABSTRACT  India accommodates a significant influx of refugees from various of the world with ethnic backgrounds and religious beliefs. This paper tries to identify the roots of refugees and their level of persecution. Since India does not have a refugee law like The Refugee Act of 1980 of the United States of America, the paper …

REFUGEE LAWS IN INDIA Read More »

Abstract: Crime against women remains a pervasive and distressing issue globally, cutting across socio-economic, cultural, and geographic boundaries. From domestic violence and sexual assault to harassment and trafficking, women face various forms of violence that not only violate their fundamental rights but also undermine their dignity and well-being. Despite significant efforts to address this scourge, …

THE AMIKUS QRIAE CRIME AGAINST WOMEN UNDER THE GRAB OF CUSTOM AND TRADITION Read More »

Abstract Artificial intelligence (AI) has exploded from science fiction to reality, impacting nearly every field, and intellectual property (IP) rights are no exception. This powerful tool presents a double-edged sword for IP. AI can revolutionize patent searches with faster and more accurate results, and even help sort and analyse inventions, identifying similar existing patents. However, …

Impact of Artificial Intelligence on Intellectual Property Law Read More »

ABSTRACT: Reproductive health of a women and the rights over her reproductive health is a crucial and a debatable topic nowadays. Various challenges and issue are faced by women for right over their own reproductive health is a point that needs a through research. The research paper aims to study about the meaning, nature and …

A DETAILED STUDY OVER THE REPRODUCTIVE RIGHTS OF A WOMEN AND REPRODUCTIVE TECHNOLOGY  Read More »