Lexlife Journal of Law and Governance

[ ISSN: 2582-4171 ]

———- Edition: March, 2020 ———-


Right to privacy in India: Issues and challenges

Mahima Singh and Vasu Manchanda

Mahima Singh

Student of Faculty of Law, Delhi University

Phone number: +91-9711241896

Email ID: mahima7470@gmail.com

Vasu Manchanda

Student of Faculty of Law, Delhi University

Phone number: +91-8860195937 

Email ID: manchandavasu13@gmail.com 

Abstract: Right to privacy is recognized as a fundamental right in numerous countries and international treaties including the International Covenant on Civil and Political Rights and the UN Declaration of Human Rights. In the landmark judgment of Justice K.S. Puttaswamy (Ret’d) and Anr v. Union of India and Ors., the Hon’ble Supreme Court recognised the right to privacy as a fundamental right under Part III of the Constitution of India. At the same time, it was reiterated that the right to privacy is not an absolute right, as the State has the power to impose reasonable restrictions. However, this raised apprehensions regarding the protection of personal data of the citizens of India. This article focuses on the need to balance the right to privacy and infringement of the same. The State has the responsibility of ensuring that this right is not violated in any way that could harm the citizens or pose a peril to the security of the nation. Proper safeguards need to be instituted for safeguarding the constitutionally guaranteed right to privacy.


Trademark Infringement and Passing off

Ipsita Kate 

 Student of BLS LLB at Pravin Gandhi College of law, Mumbai.

Phone number: +91-9757271770

Email ID: ipsikate@gmail.com

Abstract: This paper addresses the tort of passing off and infringement action under the Trademarks act, 1999. Whereas the tort law is not applicable to the plaintiff as a statutory remedy, it is a remedy in common law. The paper discusses the tort of passing off and its importance which provide protection against misrepresentation, using ones reputation and goodwill in the market as well as protecting the uncertainty that occurs because of the trademark similarities. It  deals with actions involve the passing off and misuse of trademarks, what are the possible remedies, who can sue, and the possible defences in the event of a trademark infringement. It also addresses the considerations to be considered in the event of a move to the Court and violation action along with various judicial pronouncements by Indian Courts.


Islamisation in Bangladesh

Tapas Das

Ph.D. Research Scholar, Presidency University, Kolkata

Phone number: +91-7596960176

Email ID: dtapas319@gmail.com

Abstract: The most vibrant region in global politics-South Asia has been suffering from religious extremism since last three decades. A country like Bangladesh has emerged as the breeding ground for violent extremism where religious extremism creates trauma for people who are living in Bangladesh and it ruins the glorious diversity of Bangladesh. Bangladesh has its own unique history of Independence. This is the only country in the world where language and cultural sentiments worked behind Independence and its constitution is the only one where the word secularism was added as the main principle in the post-colonial era. But the basic principles of the Constitution of Bangladesh have been facing threat from extremism in the present day. Since 2013, the death of more than 40 bloggers, the abolition of the caretaker government, demolition of minority’s Heritages,  increasing number of Madrassah and Mosque, etc. are questioning  Bangladesh’s principal identity and democracy. The present situation of Bangladesh is not a result of current politics; it was planted during the emergence of Bangladesh, although it can be assumed that the youths of Bangladesh can be made a bar against this religious extremism. Since, pre-Independence period to the present day, the youths of Bangladesh never sold their liberal thinking to anyone even to the ruling government. Beginning from the West Pakistan rule to Shahabag Andolan and recently Quota movement and movement against road accident proved that whenever Bangladesh waivers to the wrong path, the youths are always the one responsible for taking Bangladesh on the right way. The study will be focusing on the reason behind the religious extremism in Bangladesh and will try to understand the youths as protectors of the diversity of Bangladesh through various movements.


The efficacy of health laws in India: A critique on the present state of reproductive rights and medical negligence laws

Reeti Prakash 

Student (BBA LLB) at Jindal Global Law School

Phone number: +91-7599283181

Email ID: reeti.prakash3005@gmail.com


Right to reproductive choice: Need for progressive abortion law in India

Aastha Narula & Ekshita Goel

Aastha Narula

LLM, UGC-NET

Phone number: +91-8860514774

Email ID: aastha.narula80@gmail.com

Ekshita Goel

Assistant Professor of Law, Ideal Institute of Management and Studies and School of Law Affiliated with GGSIPU

Phone number: +91-9999657008

Email ID: e.goel27@gmail.com

Abstract: Right to reproductive choice has been time and again upheld by the apex court as the fundamental right of every woman. Thus, abortion, being an integral part of right to reproductive choice, is regulated by age-old law – The Medical Termination of Pregnancy Act, 1971. But the Act is often criticized as the limitation on the reproductive freedom of women. On March 17, 2020, Lok Sabha passed the Medical Termination of Pregnancy (MTP) Bill, 2020. The bill does away with the anachronistic lower limit of twelve weeks and upper limit of twenty weeks as threshold for termination of pregnancies. Thus, the bill 2020 improves upon the principal Act of 1971; however, it still leaves out a lot to be desired when it comes to ensuring reproductive autonomy of women in the twenty- first century. Therefore, this research paper discusses the need for progressive abortion law in India.


Which is more important for nation: Seriousness of the crime or age?

Shraddha Shrivastava

Student of B.A LL.B at Jamnalal Bajaj School of Legal Studies, Banasthali Vidyapith, Newai Tonk, Jaipur.

Phone number: +91-8094132086

Email ID: shraddhashrivastava474@gmail.com

Abstract: Crime doesn’t come in adulthood. Criminal activity is conducted by the criminal mind. If we don’t take against the rapist, it will inspire others to commit these heinous crimes, if any young person is committing this kind of heinous crime, it means that he’s far from his age. The same as wise Delhi rape a juvenile’s criminal who’s still involved in that crime but he’s a juvenile. So he’s easily escaped from jail, and our government can’t punish him. this incidence will motivate more juveniles to rape, if we want to control of this criminal activity, we need to take strict measures against juveniles and other, crime is a crime, we don’t offer any kind of privilege to the juveniles. In India, rape is undeniably a heinous crime and a very troubling problem. Rape is the fourth most common female crime in India, according to records of the office’s national crime statistics in 2013. Madhya Pradesh has the maximum number of rape complaints among Indian states, whereas, Jodhpur has the maximum number of rape reports per capita followed by Delhi.


Analysis on anti -competitive agreements with respect to cartels: Special reference to USA

Anila Geo K & Dr. Sonika Bhardwaj

Anila Geo K

Student of LLM at School of Law, Christ (Deemed to be University), Bengaluru.

Phone number: +91-9980874130

Email ID: anila.k@law.christuniversity.in

Dr. Sonika Bhardwaj

Assistant Professor, School of Law, Christ (Deemed to be University), Bengaluru.

Phone number: +91-9530788300

Email IDsonika.bhardwaj@christuniversity.in

Abstract: Cartels are those agreements formed by companies or associations or enterprises to control and limit concerning prices, supply or production. It is considered illegal in most jurisdictions. This article mainly gives an understanding of cartel conducts. It is described that these activities are considered anti-competitive and can be seen in every sector of trade. It is also bringing up that free and fair market is the backbone of a sustainable competition which is only possible if cartels are prohibited. Cartels are considered to be one of the economic activities which are very hard to trace. This article also discusses the four categories of an agreement which is given under the competition Act prohibited and considered illegal including cartel. This article also gives an insight on the laws and statutes which layout awareness regarding cartels in India. There are certain loopholes and ambiguities present in the legislations in combating cartel which are to be taken much importance. Competition Commission of India is the statutory board established under the Competition Act 2002 for the enforcement of cartel laws in India which must be improved so that it will give much more clarity and becomes successful in effectively prohibiting cartels. In India, cartels laws are civil, but in jurisdictions like USA, UK etc. cartels are criminalized. By making a comparative study with the legislations of USA to examine and analyze whether criminalization of cartel is needed to make it more effectual. Cartel has been compared with theft, fraud and deception in most of the countries which has criminal sanctions. This article also explores the limitations and challenges in criminalizing cartel: notably the social and public attitude towards the cartel and with respect to its implementation. By keeping in mind those merits and hurdles in the criminalization of cartel, this article suggests in the specific context of India to cautiously move from administrative or civil penalties to criminal liability.


———- Edition: February, 2020 ———-


Analyzing the judicial interpretation of Section 493 and Section 498-A IPC

Abhinav Bhalla

Student of B.A LL.B (H) at O.P Jindal Global University

Phone number: +91-9051882920

Email ID: abhinavbhalla51099@gmail.com

Abstract: The paper relates to ‘Offences Relating to Marriage’ of the Indian Penal Code. There are a few gender specific laws where only the male can be held liable. This paper concerns two of such laws, namely, Section 493 (Bigamy) and Section 498-A (Cruelty). The paper tackles both these sections and tries to show how there has been faulty legal reasoning and judicial decisions in relation to these sections. This paper analyses different case laws to assert the point that analysis and the interpretation of laws in such a manner turns out to be harmful for women.

Environmental Jurisprudence: A legal outlook

Kapil Joshi & Shivaa Thirumurugan

Kapil Joshi

Student of BBA LLB (Hons.) at University of petroleum and energy studies, Dehradun

Phone number: +91-8630981756

Email ID: myselfkjoshi@gmail.com

Shivaa Thirumurugan

Student of BBA LLB (Hons.) at University of petroleum and energy studies, Dehradun

Phone number: +91-8144423333

Email ID: tshivaa07@gmail.com

Abstract: Environmental jurisprudence as a fundamental area of law that aims to bridge the gap between modern scientific practises and legal methodology. The theory of Anthropocentrism as stated in this paper brings to the knowledge of the reader a vast subjectivity of human dominance over ethics and law. The alternative methods including sustainable development and egocentric techniques only become handy once subjectivity is divided equally among other beings of the environment. The intergenerational gap plays a key role here as the division of rights is subjected to generation output, meaning thereby what the forefathers invest today in the environmental sector would become an asset for the upcoming generations. An Addition to the equal distribution of rights points to the concept of intergenerational equity wherein synchronization between conservative and preservationist model is attempted. The principle of polluter’s pay established as an outcome of leading case laws introduces penalty and fines upon the infringement of environmental rights. The next part analyses the cases upon which the foundation of leading legislative provisions took place, Narmada Bachao, Taj Trapezium and M.C Mehta case have played a key role. The analysis made on the judgements of Supreme Court of India brings a discrepancy in the legislative sector due to poor implementation. A model-based solution is tabled in the last part of the segment where more focus on creation of environmental courts minimizing the delay in the trial and speeding up recovery and justice is stated.   


Analysis on the overlapping jurisdiction of Sectoral Regulators and Competition Commission of India

Kavya.K

Student of LLM at Christ deemed to be university, Bangalore.

Phone number: +91-9600052588

Email ID: kavyakrishnamoorthy96@gmail.com

Abstract: The competition Act, 2002 aims at creating a free market to facilitate trade and prevent anticompetitive practices. The Competition Commission of India is a statutory body created under the Competition act, 2002 to help achieve the aims and objectives given under the Competition Act.  India has various Sectorial Regulators governing specific sectors which have laws, rules and regulations that overlap with the laws given under Competition Act, 2002. In cases relating to these regulated sectors, where there exists an anti-competitive practice, friction arises between the Sectorial Regulators and Competition Commission of India as the case falls under the jurisdiction of both authorities. This article analyses the overlap caused between various Sectorial Regulators like Intellectual property Law, Electricity Act, Telecom Regulatory Authority of India, Securities Exchange Board of India, and Petroleum and Natural Gas Regulatory Board with the jurisdiction of Competition Commission of India and the approach taken by the Competition Commission in each case. The Competition law fails to provide a solution in cases where there is conflict between the two laws and therefore the Competition Commission does not have a uniform approach in such cases of jurisdictional conflict and tends to adopt a different approach in every case. The approaches adopted by other countries, in cases where similar conflicts arise, have also been elaborated.


Diagnostic errors pros and cons – Effect on patient’s health – Applicability of Indian laws – Case study

C.L. Avadhani

Research Scholar, (Ph. D) Annamalai University

Phone number: +91-94414 75465

Email ID: avadhanichalla@gmail.com

Abstract: Diagnostic Errors are more common but at times more fatal.  According to WHO health services throughout the globe to provide healthcare to those who are unwell and to assist them to bring them to normalsi. Diagnosis is most important tasks performed by healthcare providers.  Diagnostic errors can lead to a patient harm from wrong diagnosis, delayed diagnosis, missed diagnosis, failure to recognize complications, related disease, unrelated disease.  Diagnostic error is “the failure to (a) establish an accurate and timely explanation of the patient’s health problem(s) or (b) communicate that explanation to the patient”.  In case the patient wants to claim damages against medical professionals the ingredients required are, (1. A Doctor patient relationship existed; 2.  A Doctor was negligent – did not provide treatment in a reasonably skillful and competent manner; 3.  The doctors negligence in diagnosis caused actually injury / harm to the patient).  The patient is at liberty and depending upon the damage caused to him / her can approach Consumer Protection Forum or and civil and criminal cases legally in the jurisdiction where the cause of action arose.  However no professional is 100% efficient and even a renowned healthcare professional could make diagnostic mistakes.  A healthcare professional can be held liable to negligence only if the patient can prove that the Doctor is guilty of failure that no other Doctor with ordinary skill would be guilty of if acting with reasonable care.  Sec. 304 A of IPC makes it clear that “whoever causes death of a person by rash or negligent not amounting to culpable homicide shall be punished with imprisonment for a term of two years or with a fine or with both”.  On the other hand, Sec. 80 and 88 of IPC gives a remedial defence for the doctors accused of criminal liability.  According to a survey about 5.2 million people die due to human errors in India.  Even in the Developed Country like USA the figures range from 44000 to 98000. Majority of the diagnostic errors can be prevented by improving the technology and making a coordination between healthcare professionals (physicians, surgeons, specialists) and technicians, pathologists and by including patient’s and the accomplice.  This coordination will help reduce diagnostic errors to the extent possible and can be minimized to the lowest ebb.  In 2015, the National Academy of medicine (NAM) published a report in the New England Journal of Medicine that described the Industries growing concern as, “diagnosis errors become more clinically and financially damaging”.  According to Bryan Oshiro, M.D. “to get (the diagnosis) right, and to get it right the first time is one of the greatest challenges in the healthcare.  It is more important now than even before due to the complexity and cost and available cures and treatments today”. Finally, in the words of a common man “healthcare because of the overall dependency of the system on capitalism, is being provided as a “product” instead of a “right” and therein lies in the issue, which is the basic difference between something being for “profit” vs something being for “nonprofit”.”


Justice loses its character if it becomes revengeful– In reference to Hyderabad encounter (2019)

Shikha Lakra

Student of B.A.LL.B. (Hons.) at National University of Study and Research in Law, Ranchi.

Phone number: +91-8770849658

Email IDshikhalakra48@gmail.com

Abstract: A necessary ingredient for a fair and just society is democracy. India is the largest democracy in the world which is protected by a written Constitution, wherein Article 21 of the Constitution guarantees the Right to Life and Personal Liberty except according to procedures establishes by law. However, on the contrary state forces often violate this fundamental right by arbitrarily killing its citizens under the defence of extra judicial killings. Under fake encounters due process of law is not followed where the security forces who are in position of law take the law into their own hands and convert themselves into a prosecutor, judge and an executioner thereby using such power beyond its limit. In the present article the author intends to highlight all the positive and negative aspects of extra judicial killings or fake encounters with special reference to the recent Hyderabad encounter, and how various loopholes present in our law and judicial system lacks in giving proper and speedy justice to its citizens by examining the very core of our criminal justice system and how such inadequacy has weakened our faith in the judiciary thereby deteriorating the very essence of it by making extra judicial killings as a form of revenge.

International Criminal Court: Issues and implications

S.Karthikeyen & Saachi Awate 

S.Karthikeyen

Student of law at School of Law Christ University

Phone number: +91-8861126031

Email ID: karthikeyen.shankar@gmail.com

Saachi Awate 

Student of law at School of Law Christ University

Phone number: +91-88861 87502

Email IDsaachiawate@gmail.com

Abstract: The international criminal court has been a long-awaited international institution to facilitate uniform administration of criminal justice internationally. Its setting up was widely pondered upon since World War II, but instances such as the Cold War had prevented its establishment until the Rome conference in 1999. By the time the Rome agreement commenced, there was a large-scale agreement on the general objectives of the international criminal court. The conference, however, was difficult as it gave way to a number of conflicts between various legal systems and political interests. The Statute of the International Criminal Court (the “ICC”) aimed to find a balance between political interests and legal systems, but could not be adopted by common agreement, due to the opposition of a few States. This paper aims to understand the viability and functioning of the International Criminal Court as an institution to administer uniform International Criminal Law. The author aims to accomplish this by briefly breaking down the paper into 4 sub-categories namely:

  • The objectives behind the emergence of an international criminal court;
  • The Rome Conference and the ICC statute; and
  • Arguments in favour of the deterrence effect of ICC
  • Arguments contrary to the deterrence effect of the ICC

Reservation for Economically Weaker Section: Grounds for constitutional challenge

Madhuram M

Student, Master of Law in Constitutional Law, School of Law, Christ Deemed to be University, Bengaluru

Phone number: +91-08220727681

Email IDmadhuramm25@gmail.com

Abstract: Reservation is the social justice programme that was imbibed in the Constitution as a form of positive discrimination towards the socially and educationally backwards class of people of India. The caste system has its roots in varnashastra, which is a age old practice that has been followed by those following the religion of Hinduism. It is nothing but systemic discrimination of a class of people based upon their birth and dissent. Dr. B. R. Ambedkar, who himself is from one such socially backward caste – Mahar – has been vocal about the evils of caste system and to set right the historic wrongs that were committed against the specific community, provisions for reservation were included in the Constitution of India. Through the Constitution (One Hundred and Third) Amendment Act of 2019, the Union Government has brought in a new facet – reservation for economically weaker section of the society. This article discusses the provisions of the said Constitutional amendment and the constitutional validity of the same, in light of the jurisprudence evolved by the Supreme Court over the years on reservation.


———- Edition: January, 2020 ———-

P.S.Divya, Shruti Raja and Kamala dharshine R

P.S.Divya

Clinical supervisor, MERF Institute of Speech and Hearing (P) Ltd, Chennai, India

Phone number: +91-9566910570

Email ID: divyapsmay14@gmail.com

Shruti Raja

Undergraduate student, MERF Institute of Speech and Hearing (P) Ltd, Chennai, India

Phone number: +91-9790949743

Email ID: shrutiurv@gmail.com

Kamala dharshine R

Undergraduate student, MERF Institute of Speech and Hearing (P) Ltd, Chennai, India

Phone number: +91-6381077061

Email ID: kamaladharshine99@gmail.com

Abstract: Vocal hygiene encompasses ability to maintain the balance between the vocal and non -vocal habits. Lawyers are classified in the level III of the professional voice users and are at moderate risk for developing a voice disorder. This study aims in quantifying the vocal and non -vocal habits of lawyers and also acts as an insight towards their attitudes and perceptions about their voice and awareness about the voice usage that their profession is demanding. A total of 49 participants were included and were divided into two groups based on the years of experience. The results reveal that the overall awareness of Lawyers regarding the ill-effects of the vocal and non-vocal habits are low and the years of experience do not play a role in influencing the vocal and non-vocal habits.


Mukul Pachauri and Dhruv Kumar Bharadwaj

Mukul Pachauri

Student of B.A.LL.B. (Hons.) at Faculty of law, Aligarh Muslim University, Aligarh, U.P

Phone number: +91-9149213846

Email ID: mukulpachaurijii@gmail.com

Dhruv Kumar Bharadwaj

Student of B.A.LL.B. (Hons.) at School of Law, Justice and Governance, Gautam Buddha University, Greater Noida, U.P.

Phone number: +91-8791478854

Email ID: dhruvbharadwajji@gmail.com

Abstract: Ageing is an inevitable phenomenon, everyone who live grew older at every moment of time. The old age bring physical, mental, and emotional weakness with it. It is a universal fact that the powerful person will exploit the weaker person; same is the case with old age people whose human rights are outrageously exploited in our society. Across the globe various forms of exploitation and abuse to elderly rights have been observed. Particularly taking about India, which is second largest populated country in the world and where more than 100 million of people are above 60 year of age (i.e. elderly people), the exploitation and abuse to elderly is a serious problem which needs to be resolved promptly. It is important to protect, preserve and strengthen the old age people, because they are integral part of the society and have a right to live a life with human dignity.


Prapti Bhattacharya

Student of B.A.LL.B. (Hons.) at Asian Law College, Noida

Phone number: +91-79805-14414

Email ID: praptibhattacharya30@gmail.com

Abstract: Human Rights are the basic inter-dependent and individual rights and freedom that belong to every living person in the world, regardless of their nationality, place of residence, sex, colour, religion, language and any other status. The primary threat to Human Rights is terrorism and it has been felt since 18th century when it originated first in France. Terrorism has been directly affecting Human Rights by thwarting government and threatening social development. Thus some states of India have been subjected to terrorist attacks since independence and it led to enactments such as Armed Forces Special Power Act,1958; Terrorism and Disruptive Activities(Prevention) Act,1987; Prevention of Terrorism Act,2002 etc. The most effective way to counter terrorism is by respecting Human Rights and advocating the prelacy of rule of law. Sometimes terrorists lose few rights too due to committing heinous crimes, but not all. The Fundamental Human Rights, inalienable under International Law, can never be denied to an individual under any circumstances. In fact Terrorism and Human Rights are mutually destructive subjects. Where there is terrorism, Human Rights cannot exist there because terrorism hinders human solemnity, life and common values. But while warranting the Human Rights of everyone in state, measures adopted by state to counter terrorism often pose grave provocation to Human Rights. Full body scanner, passenger profiling, temporary passport seizure, rendition are some anti-terrorism measures against individual’s right which are unethical in nature on government’s part.Along these lines our research reflects the changing dynamics of terrorism, threat of terrorism to national security, unethical measures of government and suggestions of some measurements to counter terrorism.


Saikishan Rathore and Saumya Bazaz

Saikishan Rathore

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

Phone number: +91-8073139869

Email ID: rathoresaikishan30112@gmail.com

Saumya Bazaz

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

Phone number: +91-7487063334

Email ID: bazazsaumya@gmail.com

Abstract: The anti-profiteering law under the GST regime came into force under section 171 of the CGST Act, 2017. It aims at regulating the commensurate reduction in the price of the goods and services in consonance with the reduction of the GST. However, is one Section of an enormous legislation overhauling the tax regime of the nation enough to deal with an entirely different branch of law? The National-Antiprofiteering Authority created under this section can attest that it is not. It is pertinent to question if the power to not only frame the methodology and procedure but also adjudicate disputes without any judicial member in its composition, a blatant violation of the Constitutional Spirit? The vice of delegation lies not in its capacity for abuse, but in its delegation beyond permissible limits and contrary to the constitutional scheme. The law in question can be declared unconstitutional if it seeks to confer too broad a discretion on the administrator without laying down any principle or policy to regulate its exercise. In the Article, the author intends to deliberate on the constitutional and legal irregularities regarding the provisions and its implications


Sonal Pruthi

Advocate; Associate in the office A.K.DE & Associates

Phone number: +91-9999932021

Email ID: garvita8816@gmail.com

Abstract: This Article represents that the revocation of special status of the state of Jammu and Kashmir that is Article 370, has been positive impact on the country. The first phase of the article clearly gives the view of, why the special status was awarded to Jammu and Kashmir state and the second phase of this article represents that the why removal became need of the hour. The reason of awarding the status was very different to Raja Hari Singh, which has been misused by our politicians for over seven decades. The reason was very simple that Article 370 was added in our Constitution was in order to make Jammu and Kashmir to be part of India at the time of independence, which Raja Hari Singh otherwise would not have acceded to India. The status was always temporary. In order to save India’s territory from other countries such as Pakistan and China, such special status was accorded to Jammu and Kashmir. The provision was always temporary because the Constituent Assembly of Jammu and Kashmir always have the right to modify or delete or retain, which they retained it..


Smriti Sharma

Advocate, pursuing LLM from National Law University, Delhi

Phone number: +91-9560778106

Email ID: Smriti2010sharma@gmail.com

Abstract: Hate speech has not been defined in the Indian legal jurisprudence. One of the questions which is pertinent and need to be answered is ‘What is hate speech as understood in India and what are the categories which needs to be granted protection under the law?’. This paper is an attempt to evaluate the current Hate Speech law and to enumerate the categories which still don’t find protection under the Law in the current contemporary times.


Dr. Smita K. Angadi

Assistant Professor at Karnataka State Law University’s Law School, Hubballi

Phone number: +91-9964768268

Email ID: smitaipl@rediffmail.com

Abstract: Use of the biological resources available in the environment along with conservation and sustainable management of these resources based on the local community knowledge and practices is embedded in developing countries like India. Over the years, an era of industrial revolution in the west gave birth to the concept of intellectual property rights which are widely protected under the Agreement on Trade Related aspects of Intellectual Property Rights, 1995(TRIPs) and patent being a private right many times contradicts with the local community rights which are recognized under the Convention on Biological Diversity, 1994(CBD).  CBD appeared as one of the keystone agreement aiming for conservation of biodiversity, sustainable utility of the resources and the most justified of all is fair and equitable share in the benefits on using the resources. Many countries whether they possess rich biological resources or not have been party to this convention including United Kingdom and India. United States of America and some other nations chose not to be party to this Convention for no valid reason. Though CBD is one of the classified instruments, the difficulty lies in the lack of trustworthy enforcement mechanism which it provides. These vague provisions have possibility of working against the developing and underdeveloped countries affecting their interests and biological resources.  Apart from certain vague and ineffective provisions of CBD requiring immediate attention, a review of the CBD on few other issues too, like Article 16 is impending in relation to the TRIPs. TRIPs was effected in order to reduce distortions and impediments in international trade taking into account the requirement to encourage effective and sufficient protection of the intellectual property rights. Nevertheless, TRIPs contains certain provisions conflicting to CBD and review of the TRIPs is also required with respect to Article 27.3(b), especially with regards to the scope of patent eligibility of biological materials and processes in line with environmental and ethical considerations, the need for preventing bio-piracy and making it mandatory to include disclosure of the origin of genetic resources in patent applications and interpretation of the sui generis system.  Since a number of underdeveloped and developing countries possessing rich biodiversity, including India, they are the most affected due the patent system provided by TRIPs on one hand and the provisions of CBD which do not sufficiently aid and protect the interests of these countries on the other hand, the lacunas in the legal framework of CBD and TRIPs ought to be mutually rectified by way of amendments. The CBD and TRIPs are two important and most celebrated international legal instruments and must be amicably co-ordinated in their applications.  Though the objectives of both are different, they cannot independently function and incorporation of both TRIPs and CBD is inevitable.


Yogendra Bhatwarya and Priyanshu Sharma

Yogendra Bhatwarya

Student of B.A.LL.B. (Hons.) at Balaji Law College, Pune.

Phone number: +91-9518797561

Email ID: bhatwaryayogendra@gmail.com

Priyanshu Sharma

Student of B.A.LL.B. (Hons.) at Balaji Law College, Pune.

Phone number: +91-9158453754

Email ID: Priyanshubuty2902@gmail.com

Abstract: India being a country where more than half of the population is living in villages, thus the need for developing this module is sensed by the authors, a smart village is an initiative to provide access to villages so that the people can stand shoulder to shoulder with the world. The project is trying to preserve and nurture the essence of rural community life focusing on equity and inclusiveness without compromising with the facilities perceived to be essentially urban in nature. The motive of the paper is to create a sense of understanding in the minds of readers for development of education, local business opportunities, improving health and welfare, commercial agriculture, infrastructure, enhancing democratic engagement and overall enhancement of rural village dwellers.  This paper talks more on enhancement and improvement of basic amenities with sustainable and optimum utilization of resources. Taking into consideration the various problems of the villages such as maximising profits of farmers on its own by reducing the expenditure, providing clean arsenic, fluoride and iron-free drinking water by installing various water cleaning technologies, development of storage with proper connectivity and chain storage module, adoption of disaster management measures and equipments for controlling situation during drought and other disasters Also the various skill development programs for generating employment and for upliftment of standard of living of people is also discussed in detail in the paper with a hypothetical situation and solution for the same. 


Sakshi Verma and Puja Sharan

Sakshi Verma

Student of B.A.LLB. at Lloyd college, Greater Noida, U.P.

Phone number: +91-8340398533

Email ID: sakshi03091999@gmail.com

Puja Sharan

Student of B.A.LLB. at Lloyd college, Greater Noida, U.P.

Phone number: +91-7319849775

Email ID: pujasharan531@gmail.com 

Abstract: India is facing many issues related to caste, religion, finance, health, etc. Among all the issues in India, Ayodhya verdict was one of the most critical issue. This issue is related to past, religion as well as their faith. This dispute is a political, historical as well as religious debate. This verdict is not only related the Hindu but it also affect the sentiments of Muslims. Although the judgement has been given by the court in favour of Ram lalla as it was proved that the masjid was built by destroying a temple .This judgement will be remembered in future for the victory of faith. In India between the cultural complexity the judgement is impartial and upholds justness.


Samiksha Mathur

Assistant Professor at Seedling School of Law & Governance, Jaipur National University, Jaipur

Phone number: +91-9829008248

Email ID: samiksha.mathur@gmail.com

Abstract: Significant progress has been made worldwide towards abolition of death penalty in law and in practice. The pace may be slow, but the number of executions has been on a steady decline. Despite great awareness for human rights there exist a number of countries which have not yet given up on this barbaric form of punishment. It includes the Commonwealth countries who remain a tenacious supporter of death penalty in the era of human rights. Capital punishment is a widely discussed topic in the Commonwealth region as majority remain retentionists. The international agencies have time and again pointed out that this form of punishment is associated with miscarriage of justice and disproportionate execution of the poor and downtrodden. This article analyzes the position of Commonwealth countries on death penalty and makes a comparative study. The impending question remains whether death penalty is justified in modern society. The paper also discusses the dichotomy between death penalty and Human rights in cases of extradition leading to a diplomatic controversy.


Shubham Rawte

Advocate, pursuing LLM from Progressive Education Society’s (PES) Modern Law College, Pune.

Phone number: +91-7768980265

Email ID: shubham.rawte@gmail.com

Abstract: The Special Status provided to Jammu & Kashmir (hereinafter referred to as J&K) has always been an Achilles Heel for imposition of Indian Constitution to the State. Article 370 was the manifestation of the desire of the Ruler and the State Government to restrict control of Union over the State Affairs. The Article has been deemed by many to have a temporary lifespan and several debates have regularly surfaced regarding ceasing its operation. The bold step taken by the present government has again sparked furore in the nation with people divided in their opinion about the legitimacy of the move. The present Article aims to critically analyse the procedural consistency of the entire event which concluded with the abrogation of the Article.


Ekta Sood

Assistant Professor at Himcapes College of Law, Una (HP).

Phone number: 7807917900

Email ID: ektasood88@gmail.com

Abstract: Human rights are the very basic rights of any human being. Human rights are universal in nature and are observed irrespective of religion, race, caste, sex, etc. Human rights are recognized at the international as well as the national level. On the International level, Universal Declaration of Human Rights (UDHR) deal with Human rights and on National level, a different legislation was framed which includes various Human rights. In this article, this different legislation is discussed and a critical analysis has been done on it. The author argues that inspite of numerous legislations in India, the status of Human rights are not up to the mark. 


———- 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@gmail.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@gmail.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@gmail.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.