2023 INSC 1058 Bench: CJI D.Y. Chandrachud, Justices S.K. Kaul, B.R. Gavai, Sanjiv Khanna, and Surya Kant Facts: Issue raised: Contentions: Petitioners The petitioners were represented by several senior advocates of the Supreme Court such as Kapil Sibal, Gopal Subramaniam, Rajeev Bhawan, and Dinesh Dwivedi. The petitions primarily contest the constitutional validity of the Presidential …
ABSTRACT Since its independence, India has experienced tremendous growth and development in infrastructure, economy, and legal systems. Year by year, new laws have been introduced, old ones have been repealed, and existing ones have been amended to meet current needs. A prime example is the recent introduction of the Bhartiya Nyaya Sanhita, which has replaced …
The Implementation of the Protection of Children from Sexual Offences (POCSO) Act, 2012 Read More »
Abstract Noam Chomsky’s quote, “If it’s wrong when they do it, it’s wrong when we do it,” focuses the core principles of International Law. Post-World War II, following the Nazi atrocities, the United Nations was founded to shield individuals from the horrors of armed conflict, which formed the Geneva Convention. Geneva Conventions are fundamental to …
The Role of International Humanitarian Law in Armed Forces Read More »
Abstract- This paper examines Corporate Social Responsibility emphasizing on the Maritime Industry, Reducing costs down to gain rapid wealth and eliminate competition has been around since the days of Yore. This persistent strategy is now being advanced by Corporate social responsibility while forming new allegiances with stakeholders Meanwhile employee welfare has taken center stage. The …
CORPORATE SOCIAL RESPONSIBILITY IN THE MARITIME INDUSTRY Read More »
Abstract The main reason for me to choose this topic to write the paper on is mainly to let people know that even though men they know have not experienced harassment, it is still an act that many of them are suffering through. Male harassment is still a serious problem in modern culture, one that …
ABSTRACT This composition evaluates the effectiveness of rehabilitation programs versus punishments in the realm of juvenile justice reform in India. The youthful populace in each country is an essential resource. The 2015 Juvenile Justice (Care and Protection) Act is a legislation that prioritizes the welfare of children, with the goal of helping them recover and …
Juvenile Justice Reform: Evaluating the Effectiveness of Rehabilitation Vs. Punishment Read More »
Abstract The emergence of cryptocurrencies, particularly blockchain technology, has completely transformed the landscape of financial resources. This study delves into the legal aspects surrounding cryptocurrencies and blockchain, shedding light on the existing regulatory challenges. It focuses on how regulations impact these technologies, their future potential, and the overall market environment. Policymakers are encouraged to employ …
ABSTRACT The industry of sports betting has boomed since as the number of users has been rising at a very rapid pace. This paper explores into the legal intricacies of Indian sports gambling, with an emphasis on the debate over betting’s legality. It investigates the growth of sports betting and the effects of the Public Gambling …
SPORTS GAMBLING IN INDIA: THE LEGAL BATTLE OVER BETTING Read More »
ABSTRACT This research paper is about the role of forensic science in criminal investigation concerning evidence law in India. Forensic science offers robust methodologies including DNA analysis, fingerprint, ballistics, etc to provide concrete and reliable evidence in court proceedings. It examines the rigorous processes involved in collecting, preserving, and admissibility of forensic evidence and underscores …
Role of Forensic Science in Criminal Investigations with Reference to Evidence Law Read More »
Abstract Globalization and the rapid development of technological solutions, especially artificial intelligence (AI), are changing the legal context, especially liability. This research paper aims to do a comparative study of the laws pertaining to AI and its legal prospects prevailing in India as well as in the global context. On the other hand, this paper …
ABSTRACT- the paper talks about the rights of the prisoners, emphasizing solitary confinement in violation of human rights that is Right to life, and personal liberty under Article 21 of the Indian constitution. solitary confinement is a type of detainment where the prisoner is kept in a cell without any human contact and detachment from …
SOLITARY CONFINEMENT IN INDIA: AN EXAMINATION OF HUMAN RIGHTS VIOLATIONS” Read More »
Abstract In the entertainment industry, the protection of creative works is heavily dependent on intellectual property rights. Even though copyrights safeguard significant literary and artistic works such as scripts and music pieces, movie titles are not eligible for this protection because they involve minimal creativity. This difference permits several movies to have the same name …
Intellectual Property Rights on Entertainment Industry Read More »
Abstract: Commercial surrogacy has become a complex and disputed subject in India, with numerous ethical and legal concerns associated with it. While on one hand it is a boon for people who wish to have children but are unable to do so, in many countries particularly in developing nations surrogacy has become a nightmare for …
Commercial Surrogacy : Navigating the Fine Line Between Autonomy And Exploitation Read More »
DIP-based model to restructuring an insolvent entity has gain prominence under the current set up of the Indian debt restructuring model. In order to keep the company under duress and the corporate debtors’ ability to function alive, this model gains further traction as it provides a cogent remedy to keep the creditors and the outgoing …
DILEMMA OF RESCUE FINANCING: ANALYSIS OF DIP-ORIENTED MODEL UNDER IBC Read More »
Abstract This paper critically examines the rape case of Jyoti Singh unanimously known as the Nirbhaya rape case. It shows the effect this case had on the laws of the society. Justice Verma committee was instituted which led to the making of the Criminal Law Amendment Act, 2013. As a juvenile was involved in the …
THE CASE THAT CHANGED THE PERSPECTIVE OF RAPE IN INDIA Read More »
Abstract In this research paper, we are dealing with constitutional challenges in making laws against online platforms and streaming platforms. This research paper presented the reason for popularity of online streaming platforms among general public and the problems facing by the government, other traditional sources as well as public such as – duplicity of the …
ABSTRACT: Humans have little control over one of the primary crises that has negatively impacted every living thing on Earth i.e. global warming. Several countries came in a common roof and have invented creative solutions and diverse programs to mitigate it. The Paris Agreement was implemented globally to address this issue and keep the planet’s …
By Rithika Cherukat LLB 2023-2026 Alliance School of Law, Alliance University ABSTRACT In light of the recent controversy surrounding the misconduct in NEET UG 2024, this paper aims to examine the various steps taken by the Government in the administration of public examinations. The study shows that, in addition to various malpractices such as paper …
Examining Exams: A Critical Study on the Laws Governing Public Examinations in India Read More »
Abstract Whistleblowers are instrumental in revealing corruption, fraud, and other unethical practices within organisations, often at great personal risk. Their disclosures can lead to significant legal, financial, and reputational consequences for the entities involved. Despite the critical role they play, whistleblowers in India face significant challenges, including threats, harassment, and retaliatory actions. Recognizing these challenges, …
Legal Framework for Protection of Whistleblowers in India Read More »
Abstract The increasing reliance on digital technology has transformed the nature of modern conflict, with cyber-attacks becoming a significant threat to civilian infrastructure. The vulnerability of critical infrastructure to cyber threats poses significant challenges to national security, economic stability, and human life. This research paper explores the challenges and opportunities in protecting civilian infrastructure from …
Protecting Civilian Infrastructure in the Age of Cyber Conflict: An IHL Perspective Read More »
ABSTRACT This paper delves into the impact of the Citizenship Amendment Act (CAA) on Indian secularism and the legal framework governing citizenship. It discusses the idea provided by the government for the Act, which is to offer protection to religious minorities facing issues in the three neighbouring countries to our nation India. The exclusion of …
THE IMPACT OF THE CITIZENSHIP AMENDMENT ACT ON INDIAN SECULARISM AND CITIZENSHIP LAWS Read More »
Abstract Section 303 of the Indian Penal Code was enacted to provide for imposing the death sentence on a person who committed murder while serving a life sentence. However, in the case of Mithu v. State of Punjab, it was struck down by the Supreme Court as violative of the fundamental rights to equality and …
ABSTRACT Statelessness and transitional justice are very important subjects of international law and or human rights. Statelessness refers to the condition of people who are not considered as nationals by any state. As a result, these people face numerous issues such as limited access to education, healthcare and employment or protection under the law. Without …
Abstract: ESG (Environmental, Social and Governance) term refers to the issues relevant to the impact, an organization has on environment, society and if the organization abides by the rules. The focus of businesses on ESG matters has increased in the recent years as the environmental concerns have been raised, social issues coming to light such …
Critical study on Arbitration as a mechanism to resolve ESG disputes Read More »
Abstract A method of settling disagreements arising between private entities under international commercial treaties is international commercial arbitration. If not entirely new, third-party Funding (TPF) is a fairly recent development in international commercial arbitration. This research delves into the concept of TPF, or third-party funding which is the most rapidly expanding and highly disputed topic …
AN ANALYTICAL STUDY OF THE THIRD-PARTY FUNDING IN INTERNATIONAL COMMERCIAL ARBITRATION Read More »
ABSTRACT Pledging of shares is a quick money to raise money and is adopted by a diaspora of investors at different levels of hierarchy, from individual investors to promoters. This method is adopted globally in different jurisdictions such as and is considered efficient to aid in financial distress situation. The practice is prevalent in India. …
FACTS The facts of the case are, PTC India Financial Services Ltd. (PIFSL), is a Non-Banking Financial Company which entered in a bridge loan agreement with NSL Nagapatnam Power and Infratech ltd. the agreement was to lend money to the latter. Mandava Holdings Private. Ltd. is promoter of the borrower company and NSL Energy Private …
Abstract FGM is one of the most serious global health and human rights problems for millions of women and girls. This article contributes to the in-depth analysis of the legal, health, and social implications of FGM with international and domestic legislation, jurisprudence, and human rights instruments. This paper tries to delve into the various impediments …
Female Genital Mutilation: A Global Health and Human Rights Issue Read More »
ABSTRACT This research paper investigates the wide range of challenges and dilemmas surrounding the cross-border adoption of Indian children by foreign families. It seeks to investigate the legal basis, contestations, and protective measures for HLA-gene modifications in such a situation. The article details the history of foreign adoption in India, as well as the legislative …
Abstract In recent years we have seen a large number of cases of rape, but in latest years we have seen many cases of marital rape or the cases of rape coming from a relationships where woman and man are in relation of boyfriend and girlfriend, the one thing which is seen in this case …
ABSTRACT The worldwide crisis of refugees is not over, with millions still fleeing war and persecution or seeking a better life. Although international refugee law serves as a pivot for the coverage, programs are critical in showing us how to help refugees – and that they illustrate cases of solutions where people provide sheltered harbor …
INTERNATIONAL REFUGEE LAW AND RESETTLEMENT POLICIES Read More »
ABSTRACT The popularity of video games in general and violent games in particular has skyrocketed. The extensive body of research on the effects of media violence serves as the foundation for the theoretical framework that hypothesis a link between aggressive behavior and the playing of violent video games. Theoretically, the effects of violence in video …
VIDEO GAME VIOLENCE LEADING TO JUVENILE DELINQUENCY Read More »
Abstract. The collision of technological advance with individual privacy becomes ever more contentious in the age of the digital. Nowhere is this more evident than in the ambitious Aadhaar project of biometric identification, already enrolling over a billion of India’s citizens. This paper delves down into the heart of that conflict, balancing precariously the state’s …
ABSTRACT The spread of intellectual property laws worldwide has imposed legal constraints on the sharing of innovations and cultural practices in a time when concepts and experiences progressively become forms of property. Examining the patent conflicts in the pharmaceutical sector, this research article explores the difficulties in juggling access to medication with the necessity for …
Abstract A standard form contract is a uniform set of conditions fixed in advance by a party to an agreement1 Standard contracts which are also known as formal contracts have become prevalent in the current society and are used in almost all sectors such as telecommunication, insurance among others. Unlike other common law countries, a …
Standard Form Contracts and Consumer Protection: Assessing Fairness and Regulation Read More »
ABSTRACT: The tensions of geopolitics have a very strong impact on efficiency, impartiality, and the enforceability of the international arbitration system. This paper examines how geopolitical factors are influencing international arbitration. In fact, it observes that, in the absence of actual war breaking out, this rapidly changing social environment and increased cross-border exchange will make …
THE IMPACT OF GEOPOLITICAL TENSIONS ON INTERNATIONAL ARBITRATION Read More »
Abstract Being your own boss and working on your own terms is something every individual having free will wishes for, but for that dream to become a reality is something that requires a lot of perseverance and hardwork. In the economic sphere, owning a business fulfils that dream to a great extent. With the advent …
FROM CONCEPT TO COMPLIANCE : THE LEGAL JOURNEY OF STARTUPS IN INDIA Read More »
ABSTRACT Over the years, it is safe to say that India has shown a clear struggle with the formulation of laws with regards to the topic of medical negligence. Malpractice and negligence are two concepts that have equally contributed to the growth in death rates, and the downfall of the healthcare industry. In India, while …
Medical Negligence and it’s Resurgence: An Overlooked Legal Concern Read More »
ABSTRACT Numerous people, including couples, are affected by infertility, which is mostly caused by biological problems and an increasing marriageable age. Even if scientific and technological advancements have provided answers, surrogacy is still controversial. Commercial surrogacy in particular raises moral and legal questions regarding the exploitation of mothers and children. Only altruistic surrogacy is permitted …
1. Abstract This paper deals with the significance of Bhartya Nyaya Sanhita, Bhartya Nagarik Suraksha Sanhita and Bhartiya Sakshya Adhiniyam. Along with how they have adopted through the evolution of society, even the criticisms have been included in this paper. It is important to emphasise that nothing can be perfect and there will be loopholes. …
Abstract This paper covers the evolution, execution, and issues surrounding Electronic Voting Machines (EVMs) in India. EVMs were first introduced in the early 1980s and saw widespread adoption in the 2004 General Election. The purpose of this change was to optimise the process of vote-counting and minimise instances of electoral malpractices but at the same …
From Inception to 2024: The Legal Journey of EVMs in Indian Elections Read More »
ABSTRACT In modern India, marital rape—the non-consensual sexual act between spouses—remains a contentious and little-studied topic. The purpose of this research paper is to provide readers with a thorough knowledge of marital rape in the Indian setting by looking at its social, legal, and cultural aspects. The prevalence, attitudes, and perceptions of marital rape among …
Abstract The research paper focuses on understanding the development of menstrual leaves policy in context of India. It also delves into the complexity of menstrual pain and the need for such a policy in India. It analyses the previous attempts to bring a nationwide policy dealing with menstrual leaves and reproductive health of women in …
Understanding the scope of Menstrual Leaves Policy in India Read More »
ABSTRACT The principle of natural justice are the basic principles which ensure there is no miscarriage of justice. the principle of nemo judex causa sua is a principle of natural justice which implies that the judge shall be a blank paper while giving the decision and there shall not be any form of bias existing …
TITLE –SCOPE OF APPLICATION OF THE PRICIPLE OF NEMO JUDEX CAUSA SUA CRITICAL APPRAISAL Read More »
Abstract The research paper focuses on the understanding of the usage of AI in law enforcement and its human rights implications. A rapidly developing field that has captured all our attention is Artificial intelligence (AI), and almost every industry across the globe is incorporating AI applications such as banking and finance, healthcare, sales and marketing, …
ABSTRACT India introduced 3 criminal laws which were to replace the colonial laws, i.e Bhartiya Nyaya Sanhita replacing the Indian Penal Code, Bhartiya Nagrik Suraksha Sanhita replacing the Code of Criminal Procedure and Bhartiya Sakshya Adhiniyam replacing the Indian Evidence Act. The reason behind this replacement was that all these laws were enacted during the …
– Ishan Anand Research objective The research objectives for this paper titled “A Critical Analysis of the Right to Marry: Legal and Sociological Perspective” would typically outline the specific goals and aims of the research. Research question “Is it conceivable to broaden the scope of the right to marry, particularly within a societal …
A Critical Analysis of the Right to Marry: Legal and Sociological Perspective Read More »
Abstract : These days, the internet is a necessary component of our everyday lives. It has developed into a powerful system that affects trade, business, and how we communicate with one other. The internet has had a significant impact on how people communicate globally. The number of people using digital devices has steadily increased in …
“Every child must be protected from violence, exploitation and abuse on the internet.” Read More »
Abstract The research paper titled “Deepfakes – Nightmares for Cyber Law” delves into the alarming rise of deepfakes and the profound challenges they pose to the existing legal framework in India. Despite the absence of a dedicated law addressing this burgeoning threat, the study explores potential remedies scattered across various legal provisions, emphasizing the need …
Abstract “Sexual and reproductive rights are integral to human rights. The right to make decisions about one’s own body is fundamental to personal autonomy and dignity, providing individuals the freedom to shape their lives according to their values.” With that view this research paper delves into the intricate landscape of sexual and reproductive rights, positioning …
Abstract: This paper aims to examine the role of government in governing the mergers and acquisitions (M&A) in light of the necessity to redefine these concepts as M&A becomes a more innovative phenomenon is the goal of this study. The paper will evaluate, summarize, and discuss major institutional regulations pertaining to mergers and acquisitions (M&A) …
Merger and Acquisition laws in India: a simplified analysis Read More »
ABSTRACT Artificial intelligence (AI) is rapidly transforming the landscape of intellectual property, presenting both opportunities and challenges for trademark law. This paper delves into this evolving intersection, exploring how AI algorithms are influencing various aspects of trademark protection. The paper highlights the growing need for robust trademark laws in the digital age. While AI offers …
THE IMPACT OF ARTIFICIAL INTELLIGENCE ON TRADEMARK LAWS Read More »
Abstract Recently, there has been a noteworthy shift in people’s attitudes towards the LGBTQ+ community and their rights. These attitudes clearly illustrate a change towards greater inclusivity and acceptance worldwide. From decriminalization to same sex marriage, the global landscape of LGBTQ+ rights have undergone significant transformations. This research paper explores the various important developments of …
ABSTRACT:Abortion is a highly sensitized issue in the present modern day society which can be put forward in simple terms as the termination of pregnancy. This is wherein the issue of individual autonomy of a woman seeps in as to whether she has a legal and constitutional right to do so or should the state …
CONUNDRUM OF ABORTION RIGHTS IN THE FACE OF INDIVIDUAL AUTONOMY: A COMPARATIVE ANALYSIS Read More »
Abstract A signature is a way of verification mechanism by which the presence of a person or acceptance of a person is verified. Signature can be defined as a person’s name in writing or any mark indicating or verifying the person to be present in himself. Now at present we are living in the digital …
Title: – Relevancy of ATM pins as Electronic Signatures Read More »
ABSTRACT Foreign Exchange Regulations are indispensable for any nation willing to engage in global trade and investment. In the case of India, the Foreign Exchange regulations had been very restrictive till 1999, with the FERA legislation imposing restrictions on every type of foreign exchange circulation in India, to the degree where Foreign Exchange transactions were …
A Research on the economic impact of the Foreign Exchange Management Read More »
Abstract This paper delves into the controversy surrounding the NEET 2024 exam which was held on 5 May, 2024, discussing the major issues like stakeholders’ concerns, and potential implications for students and the education system in India. This year about 24 lakh students appeared for this exam, but when the results came on June 4, …
ABSTRACT As humanity’s presence in outer space continues to grow, we face two critical challenges: the need to responsibly utilize the resources available in space, and the imperative to mitigate the escalating amount of space debris orbiting our planet. The exploitation of outer space resources holds immense potential, offering economic, scientific, and strategic benefits that …
TWO SIDES OF A COIN: OUTER SPACE RESOURCES AND SPACE DEBRIS MITIGATION Read More »
Abstract “Politics is not a game. It is an earnest business.” -Winston Churchill This research paper examines the sum and substance of the 2018 electoral bond scheme which recently got rolled back by the apex court of the nation. The scheme was introduced to carry out political funding in a clean and responsible manner but …
All about Electoral Bonds and why the Supreme Court declared them unconstitutional Read More »
ABSTRACT Consumers need to trust and put confidence in e-commerce businesses while purchasing goods and services. This research paper analyses the changing consumer protection laws and their evolution in India. It also examines key legal regulations governing E-Commerce transactions. This paper emphasizes the significance of strong consumer protection laws by analyzing existing laws and emerging …
INTRODUCTION: Transitory anticipatory bail is incorporated as a safeguard under Section 438 of the Code of Criminal Procedure, 1973, despite the latter’s main focus being centred upon the granting of mere “anticipatory bail,” a rather expansive form of protection. Prior to 1973, courts determined judgments about the granting of anticipatory bail as part of their …
SUBMITTED BY- PRAGYA VAJPEYI INTRODUCTION Mergers and acquisitions (M&A) have ended up a foundation of advanced trade methodology, moving companies towards development, asset procurement, and economies of scale[1]. However, the esteem recommendation of M&A deals has experienced a critical move within the knowledge-driven economy. The Domination of Intellectual Property (IP): While substantial resources like industrial …
The basis of the law of insanity lies in the maxim “Actus non facit riem, nisi men sit rea” which means no man can be proven guilty unless he has a guilty mind.[1] Often this defence is used to acquit persons on the grounds of being mentally unfit, the simple explanation being that at the …
ABSTRACT – Section 375 of Indian Penal Code, 1860 and now section 63[1] of Bhartiya Nyaya Sanhita defines and criminalizes Rape as a forced sexual intercourse with women without their consent, aiming to protect women from falling victim to this violent act and preserving their dignity but at the same time, a section of women …
Invisible suffering: the legal and social ramifications of marital rape exemption clause Read More »