Lexlife Journal of Law and Governance

[ ISSN: 2582-4171 ]

———- Edition: December, 2019 ———-

A. Md. Faizan

Student of B.A.LL.B. (Hons.) at Damodaram Sanjivayya National Law University

Phone number: +(91) 7995648609

Email ID: faizan@dsnlu.ac.in

Abstract: The person who is affected by the crimes in the society is called a ‘victim’. The study of such victims and the crimes committed on them, its effects, purpose of such crimes is called ‘victimology’. The article has discussed about the purpose of victimology in detail to explain as to why crimes happen. Further the author has talked about the psychological consequences of crimes towards victims and how to tackle them. Various theories of victimology like environmental theory, fundamental attribution error and others have been discussed. The aids which are available to the victims of crimes are discussed by the author. Various aids are counseling, therapy, domestic violence shelters and crisis hotlines. Moreover, the rare topic of victimless crimes is discussed. Victimless crimes are the crimes where usually there is no victim to the crime committed. For example, usage of illegal drugs on oneself is a crime but the only victim in this crime is the criminal himself. Another example can be violation of traffic rules. Violation of traffic rules may not affect other people in the society but if any accident occurs, it may harm the people on the road. In the end the author has concluded the discussion by putting out his opinion about how victimology can be applied to change the present laws such as the Nirbhaya Act, POCSO Act, and many more.

Abhinav Ramchandran and Dylan Sharma

Abhinav Ramchandran

Student of B.A.LL.B. (Hons.) at Symbiosis Law School, Hyderabad

Phone number: +(91) 9731021337

Email ID: abhinav.ramachandran@slsh.edu.in

Dylan Sharma

Student of B.A.LL.B. (Hons.) at Symbiosis Law School, Hyderabad

Phone number: +(91) 9704940851

Email ID: dylan.sharma@slsh.edu.in

Abstract: Sophocles, the renowned Greek tragedian once famously remarked that it better to fail with honor than succeed by fraud. This saying can be aptly be used in the big bad corporate world today. In the recent past, we have seen numerous cases of financial fraudulent practices. According to a June 2015 report by ASSOCHAM INDIA, it was revealed that fraudulent financial practices could lead to losses worth 20 billion, maybe even more. The monetary losses that companies suffer can be quite astronomical and could prove to be quite detrimental to their survival in the market. Other complications and consequences could include a potential loss of customers, investors etc. Many companies have in the past been forced into liquidation and bankruptcy due to the commission of these practices. These practices can be committed by the topmost executives of a company, as seen in the case of Satyam Computers, when its founder Ramalinga Raju admitted to embezzlement to the tune of 71.36 billion which ultimately to the subsequent and expected demise of the company. It can also be committed by someone who is employed at the lowest level of an organization. This clearly shows the extent to which financial fraudulent practices can have an effect if not properly governed or administered.Some common financial fraudulent practices include embezzlement, misusing or misdirecting funds of the company, intentional misappropriation of the books of accounts of a firm etc. The statistics discussed above clearly show that such crimes can be committed by practically anyone, in any industry and that they are here to stay. Despite stringent anti-fraudulent practices and protocols, companies and firms still face such fraudulent practices. There are also situations or times where the extent of the reporting of such crimes isn’t up to the expected standard. The RBI (Reserve Bank of India) recently reported Indian banks are actually under-reporting frauds with about 90.6 % of the frauds taking place between 2000 and 2018. Out of these under-reported frauds, about 40% of these frauds took place between 2013 and 2016. All of these instances tell a rather sorry tale about the state of fraudulent financial practices and that if firms and organizations aren’t vigilant enough, such frauds could only end up multiplying in the future. The paper will discuss the various types of financial fraudulent practices that take place across different industries in detail, what is the possible motive behind the commission of such practices? The paper will also include a case study which would further explain the above -mentioned aspects in much more detail. The authors will also include the different measures adopted by companies and the legal provisions which would serve as a deterrent to such practices. At the same time, the authors would put perspective into why such measures and laws often fail and some possible alternative measures for the same. The paper will mostly deal with the financial fraudulent practices that take place throughout the world and may not be limited to one specific region/country.The authors will try to explain concepts and related principles as simply and as lucidly as possible so as to enable the reader gain some insight into this topic.

G. Harini

Student of BBA LL.B. (Hons.) at SASTRA Deemed to be University, Thanjavur

Phone number: +(91) 9629683021

Email ID: harisure09@gmail.com

Abstract: This essay deals with e-commerce, the trend of this decade, and its taxation. How an e-commerce business is taxed? Is it compulsory for an e-commerce business to pay taxes? Do they face any problems regarding taxation? These questions arise in our mind when we talk about e-commerce and taxation. This manuscript aims at addressing such questions and enlightens readers regarding the same. E-commerce is the sector which has seen a drastic growth this decade. The major success point of it is that e-commerce can overcome geographical barriers and it serves as a convenient mode of buying goods and services in this hush-hush era. Taxation in India is divided into 2 categories namely direct taxes and indirect taxes. Both are applicable to e-commerce. An e-commerce company mainly pays TCS, CGST and SGST, and IGST. There are several issues faced by the e-commerce company. It can be classified into indirect tax-related issues and direct tax related issues. This essay deals with these problems in depth.

Rahul Singh

Assistant Professor at Jaipur National University.

Phone number: +(91) 8860982973

Email ID: srahul5394@gmail.com

Yatish Pachauri

Assistant Professor at Jaipur National University.

Phone number: +(91) 8860982973

Email ID: pachauri.yatish30@gmail.com

Abstract: Internet regulation is one of the current debate topics. The question before the society is whether the internet should be regulated by the government or it should be left free for the purpose of any use made by public. Now a day’s everyone’s life revolves around the internet as without internet many works come to hold. The dependency of people has increased as many works are done with the help of internet. This rapid development of internet and growing number of users of the internet has also raised the need for regulating the internet. Internet is the source where one can get all the information of the world. Though internet is useful for gaining the information but there are many people who make misuse of the technology by harming the society. There are many crimes nowadays which have their origin from internet. Though government had taken several steps from time to time to regulate the use of internet but the technology is giving ideas for breakthrough. There are various websites on internet which are blocked but the users make access to those sites by using different software. There are many legal issues related to internet which need to be addressed such as spamming, online harassment, pornography, sex trafficking, copyright infringement and many more. These crimes are proving to be a curse for the society; mainly it is causing harm to the women and children. On the other hand, regulating the Internet would automatically mean restricting the flow of information, as well as its exchange. It would suppress people from being communicative and expressive; changing the way information is dealt with over the Internet. It is also debated that any system controlling the content of internet represents the breach of one’s right to freedom of speech and expression. This research is objected to analyze the benefits and disadvantages of internet. The purpose of the research is basically to ascertain whether the use of internet needs to be regulated or not. The research will be aimed to analyze the steps taken by the government to regulate the internet and to what extent this regulation should be done.

Divyashree Rao and Karan Ahluwalia

Divyashree Rao

Student of B.A.LL.B. (Hons.) at Gujarat National Law University-Gandhinagar.

Phone number: +(91) 9106782035

Email ID: divyashreerao5@gmail.com

Karan Ahluwalia

Student of B.A.LL.B. (Hons.) at Gujarat National Law University-Gandhinagar.

Phone number: +(91) 9810340006

Email ID: krn.ahluwalia@gmail.com

Abstract: This paper aims to discuss the applicability of the Juvenile Justice (Care and Protection of Children) Act, 2015 in the present criminal law framework. It considers the law from the point of view of a ‘child in conflict with the law’ as opposed to the traditional ‘victim-centric’ approach that our country has so far adopted. This paper advocates for the removal/modification of the existing law that allows 16-18-year-olds accused of heinous crimes to be tried as adults.It is argued that the present system of judicial waiver works contrary to its proclaimed aim of reforming ‘children in conflict with the law’ into responsible members of society. It forces them down a path of self-destruction and abuse only to ensure that they emerge as hardened criminals- recidivism statistics support this hypothesis.It is also argued that the understanding of human development and maturity with which this law has been made is far removed from the prevailing notions regarding the same in the scientific community. Essentially, the assumption of maturity that this law makes- in relation to a person’s biological age- is unfounded in science.This paper concludes with the assertion that the desired end of criminal law is rehabilitation, not retribution and that that the present system does more harm than good when viewed from the point of view of society as a whole. In order to move towards a safer society- investigations must not only be done into the acts of a person, but also into the circumstances and environment of his youth for these have time-and-again been proven to be the real culprits behind crimes. Vocational-training, employment-assistance, de-addiction and other such wholesome pursuits of the government will be far more effective in reducing crime than simply throwing the youth of this country behind bars.

———- Edition: November, 2019 ———-

Divya Tulsyani

Student of B.A.LL.B. (Hons.) at School of Law, Bangalore University, Karnataka, India

Phone number: +(91) 9511581542

Email ID: divyatulsyani7@gmial.com

Abstract: The British transferred the nation’s abundant forest riches to satisfy their financial requirements in the colonial era. While laws such as the Indian Forest Act of 1927 provided for the settlement of rights, these were hardly implemented. Consequently, tribal and forest-dwelling groups, who lived in harmony with the environment and the ecosystem in the forests, continued to live in tenurial insecurity, a situation that continued even after independence as they were marginalized. The Forest rights act recognized the rights of traditional forest dwelling groups, partly correcting the injustice created by forest laws. There are various features of the act along with the rights provided to the forest dwellers. Recently Supreme Court ordered the expulsion of lakhs belonging to the categories of Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs) from 16 States whose claim as forest residents was dismissed under the Forest Rights Act. The said order was highly criticized and there were amendments suggested to the act. As a result, on 13th September, the Supreme Court continued its stay on the eviction of Scheduled Tribes lakhs and other traditional forest residents whose claims were dismissed under the 2006 Forest Rights Act (FRA). In conclusion various ways are suggested in order to implement the act effectively and efficiently.

Anshu Sharma

Student of B.A.LL.B. (Hons.) at Vivekananda Institute of Professional Studies, IP University, New Delhi, India.

Phone number: +(91) 9953497566

Email ID: anshu97sharma@gmail.com

Abstract: The article is a study of the current structure of Indian economy with respect to the goods and services tax collection. The introduction of the goods and services tax was a massive move by the policy makers, which has changed the face of economic structure in India. Our system is taking its own time to come to terms with the new single tax system, therefore facing the changing phases of the economy one-step at a time. Our nation is currently the victim of the problem of ‘sub-dued’ demand, where in there is basic fall in the demand of goods and services by the people. This directly effects the collection of the goods and services tax. This article is an analysis of the highs and lows of the collection of the goods and services tax and what impact it has on our economic structure as a whole.

Shivani Karmakar

Student of B.A. LL.B. (Hons.) at Amity Law School, IP University, New Delhi, India.

Phone number: +(91) 8368529574

Email ID: shivanikarmakar99@gmail.com

Abstract: Labelled “Lawless Law” by the Amnesty International, the Jammu & Kashmir Public Safety Act was enacted in 1978 by Sheikh Abdullah, ostensibly to check the menace of mafia. Since then, it has been systematically used as a potent device to disable the leadership of dissenting voices, subvert democratic process, and has acted as a tool against the mobilisation of people. This article briefly examines the history of the act, its salient features, and the aspects that make it so controversial.

Pushpdeep Kaur       

Student of B.B.A. LL.B. (Hons.) at Geeta Institute of Law, Panipat, Haryana, India.

Phone number: +(91) 9729266374  

Email ID: pushpdeep.gil17@gmial.com

Abstract: The article enunciates insightfully the scenario of surrogacy at the broad-gauge. It begins with the discussion of Surrogacy (Regulation) Bill which was introduced in Lok Sabha and was passed on 5th August 2019. This article elucidates stingingly the situation of the surrogacy hub which tends to operate with unethical practices, exploitation, abandonment of children and various rackets who import human embryos and gametes and moreover is the reason for bar on commercial surrogacy. Most importantly, the article aims to provide the critical analysis of the bill which makes it ineffective to be executed properly. The study reveals the fact that why ‘Altruistic Surrogacy’ not proven to be a successful Model in India. Consequently, it has to be admitted that our current approach is still far from being conclusive. Still further studies must be undertaken and better approach must be developed for understanding the notion of Surrogacy in a safe and proper way. Thus, this article is trying to look into an emerging issue and has unquestionably provided some issues which need to be consider prior the implementation of the Surrogacy (Regulation) Bill, 2019.

Harsh Gupta

Student of B.A.LL.B. (Hons.) at University Institute of Legal Studies, Panjab University, Chandigarh, India                           

Phone number: +(91) 8194940110       

Email ID: harshgpt459@gmail.com

Abstract: Kartarpur sahib is a holy shrine of Sikh community Guru Nanak Dev who settled there and lived for 18 years until his death. Though the distance that is to be covered is not large but it becomes so with the territorial boundaries and political issues. However, on the 550th birth anniversary celebrations of Sikh Guru Nanak Dev, Kartarpur corridor was inaugurated connecting Kartarpur Sahib to the Dera Baba Nanak Sahib. Former PM Dr. Manmohan Singh will be a part of first Jatha that will be visiting Kartarpur Sahib, however his office rejected the invitation to be present in the opening of corridor. The issue has a long history dating back to February 1999 when Attal Bihari Vajpayee made the request for the very first time. However, because of the Kargil war, but the talks were suspended. However, now, a citizen having a passport can plan his visit to Kartarpur Sahib but there is no requirement of Pakistan’s visa.

Modit Johar

Student of B.A.LL.B. (Hons.) at University School of Law and Legal Studies, IP University, New Delhi, India.                                                                                                                                                                    

Phone number: +(91) 9999814929                                                                                                 

Email ID: muditjoharpj@gmail.com

Abstract: Sedition was not a part of the original Indian Penal Code, 1860. But this Section was inserted into IPC by the IPC (Amendment) Act, 1870. By an amending act of 1898, this provision was later replaced by Section 124A. According to the British Era Law, under the old IPC, “Exciting or attempting to excite feelings or disaffection was considered as Sedition”. The Muzaffarpur police recently lodged FIR against 49 persons over alleged sedition. It’s time that the govt. realises the need to repeal this colonial era- offence that has been at random utilised by the authorities over the years to simply silence peaceful political dissent.

Kaushik Chandrasekaran                                                                                                             

Student of B.A. LL.B. (Hons.) at School of Law, Christ University, Bengaluru, Karnataka, India                     

Phone number: +(91) 9482594027           

Email ID: kaushik.chandrasekaran@law.christuniversity.in

Abstract: The issue of payment of tax by citizens and companies has always been a point of discussion, deliberation and discourse among citizens and policymakers. The action of the Modi Government to reduce the tax rate upon corporates has thus been also subject to great debate. Tax initiatives around the world have either led to the upheaval or downfall of governments due to the largely socio-economic impact of it has on the public sphere as a whole. Thus the introduction of a new initiative in the realm of tax is of substantive and paramount importance. This article seeks to analyse the economic impact of the corporate tax initiative and provide elucidative insight for the same. This analysis is based upon a twofold basis: Firstly, the background behind the tax cuts, and secondly, the changes it ensures in the present economic structure and mandate. The article also seeks to provide an elucidative insight upon the legal issues in implementation of a tax cut and provides some suggestions for further reform to help the ailing Indian economy.

Yashika Kapoor

Student of B.B.A. LL.B. (Hons.) at Fairfield Institute of Management and Technology, IP University, New Delhi, India .       

Phone number: +(91) 9990017065                  

Email ID: yashikakapoor1325@gmial.com

Abstract: This article pertains to the study on juvenile delinquency in Jammu & Kashmir in the light of the Juvenile Justice Act. The study focuses on the conditions of delinquents in Jammu & Kashmir from the standpoint of the provisions guaranteed to them by the JJ Act. The Juvenile Justice Act is the most significant legal framework for juvenile justice in India. The Juvenile Justice (Care and Protection of Children) Act, 2015 extends to the whole of India. Soon after the abrogation of Article 370 in Jammu and Kashmir, the JJ Act would now be applicable in J&K too. Analytical research of the Juvenile Justice Act accordant with a northernmost state in India, Jammu & Kashmir is discussed in the article. Prominence is given to areas like the recent news of children put in custody, salient features of the Juvenile Justice Act 2000, the applicability of the Act in Jammu and Kashmir, conditions of the JJ Act during prohibitions its directions for future. The article observes and concludes with the prevailing status of the Juvenile Justice Act in Jammu and Kashmir. In conclusion, this article concerns the need to take effective measures to ensure the implementation of a child-friendly approach for the Juvenile in Jammu & Kashmir.