PUBLISHED BLOGS

SOCIAL MEDIA: A FREE REAL ESTATE TO EXERCISE FREEDOM OF SPEECH AND EXPRESSION

Authors : Sanjana Dayal and Alankrita Katiyar Year, Course and College : 3rd yearBBA LLB (corporate laws)University of Petroleum and Energy Studies, Dehradun. ABSTRACTArticle 19 of the ICCPR deals with freedom of expression to see, receive and impart information of all kinds through any social media of individual choice. The right to freedom of speech … Continue reading SOCIAL MEDIA: A FREE REAL ESTATE TO EXERCISE FREEDOM OF SPEECH AND EXPRESSION

COVID-19 Vaccines: Are Patent Rights Still Ethical?

A case for compulsory licensing Author: Diya Dave Institution: NALSAR University of Law, VI Semester Many consider patent rights to be ethical rights as they advance innovation and incentivise the production of knowledge. The need to balance patent rights with access to information and essentials is the most popular discourse in today’s time. Generally, this debate … Continue reading COVID-19 Vaccines: Are Patent Rights Still Ethical?

The delusion of inclusivity in the National Education Policy,2020

Authors: Md. Zeeshanuz Zaman & Shubhra Pandey, 4th year, B.A.LL.B., University of Calcutta, Department of law Abstract This article includes a critical analysis of the recent National Education Policy approved by the Union Cabinet in July 2020. It has been a topic of intense discussion since its very inception. Various academicians have deliberated on the … Continue reading The delusion of inclusivity in the National Education Policy,2020

Scrutinizing technology and data privacy from the perspective of law

AUTHOR Name: V. Mangala Institution: Siddharth College of Law, Mumbai University Year: 3rd year of 3year LL. B course Name: Eshan Atul Borikar Institution: Siddharth College of Law, Mumbai University Year: 3rd year of 3year LL. B course ABSTRACT The article highlights the loopholes in the current legal framework for data protection and data privacy. … Continue reading Scrutinizing technology and data privacy from the perspective of law

Is the Treaty-making Power under our Indian Constitution in consonance with Constitutional Principles? Not Quite So

Author– Vijpreet Pal, 3rd semester, BALLB (Hons.), National Law Institute University, Bhopal Co-Author- Sanskar Modi, 3rd semester, BALLB (Hons.), National Law Institute University, Bhopal 1.     ABSTRACT International law is considered a soft law that operates on the basis of the consent of the member states. No state can separate itself from the international arena and … Continue reading Is the Treaty-making Power under our Indian Constitution in consonance with Constitutional Principles? Not Quite So

TRANSGRESSION IN CYBERSPACE OF WOMEN: ISSUES AND REMEDIAL MEASURES

Author: Kabir Jaiswal [Student, National University of Study and Research in Law, Ranchi, Jharkhand] Co-author: Dr. Mona Purohit [Dean of Faculty, Department of Legal Studies and Research, Barkatullah University, Bhopal, Madhya Pradesh] Abstract Crime is manifestation of myriad complex factors. The genesis of crime can be traced to interplay of various social, economic, demographic, local … Continue reading TRANSGRESSION IN CYBERSPACE OF WOMEN: ISSUES AND REMEDIAL MEASURES

Farm Law – Is it a boon or bane

Author: Mohamed Sultan Maricar, Crescent School of Law ABSTRACT The 3 major agricultural reforms Laws are the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, Essential Commodities (Amendment) Act. The Bill has its own pros and cons. In one aspect, in the eyes … Continue reading Farm Law – Is it a boon or bane

Khadi v Khadi – Khadi’s Plight in the EUIPO

Sneha Tripathi  4th year, B.A.LL.B (Honors) Hidayatullah National Law University, Raipur  Abstract Khadi is a cultural symbol and provides identity to Indian goods in the international market. The brand’s zeal to continue being engraved as an identity has lead to a fight of infringement against a trademark application of a German Company Best Natural Products … Continue reading Khadi v Khadi – Khadi’s Plight in the EUIPO

IBC Amendment 2018 & 2019:A boon or a bane to homebuyers?

By- M.Gnana Deepika INTRODUCTION Insolvency and Bankruptcy Code was enacted in 2016 to resuscitate both the Creditor and the Corporate Debtor. This Code consolidates and amends the provisions relating to Insolvency petitions’ filing for liquidation of companies, partnership firms, limited liability partnerships, and individuals in single legislation.  It provides for a time-bound resolution of the … Continue reading IBC Amendment 2018 & 2019:A boon or a bane to homebuyers?

Mandatory Airbags – A compromise to passenger safety?

Abstract:Passenger safety has always been a matter of concern in the automotive world. With the ever increasing density of vehicles on the road, the drastically increasing speeds, more and more exposure of vehicles to the younger generation and the availability of financing options has led us to ponder over the importance of safer vehicles, both … Continue reading Mandatory Airbags – A compromise to passenger safety?

Should India Become a Signatory Member to The 1951 UN Refugee Convention?

AbstractAs a 21st Century Indian pupil, the sensitive matter of Rohingya Muslims was my introductionto the concept of refugees. After going deep into the topic, it fell under some light that India hasbeen acting as home to many refugees from ages. Through this blog, I have tried to highlight afew points with respect to the … Continue reading Should India Become a Signatory Member to The 1951 UN Refugee Convention?

Blasphemy Law in India

AbstractIndia is the world’s second most populous country in the world with 136.6 crore people.The socio-cultural diversity is unique in its way. Article 25 of the Indian Constitutionstates, “Freedom of conscience and free profession, practice and propagation of religion”with reasonable restrictions. Every religion has its own ideology and practices because ofwhich there are chances that … Continue reading Blasphemy Law in India

EIA 2020 Draft compromising health and nature for crony Capitalists

ABSTRACT The ministry of environment, forest and climate change has issued a draft Environmental Impact Assessment (EIA). It evaluates the impact of a proposed project that is likely to have significant environmental effects. It finds all the possible ways to reduce waste generation and optimize the usage of resources. The main goal is to facilitate … Continue reading EIA 2020 Draft compromising health and nature for crony Capitalists

A Brief analysis of Anti Terror of Legislation (UAPA)

ABSTRACT The security of the nation is every government’s foremost concern. India being the most affected country by terrorism focuses more on security laws. From the Indian Parliament Attack 2001, Mumbai Attack 2008, URI Attack 2016, to Pulwama Attack 2019 and many more India has faced a serious threat to its integrity. Meanwhile, the government … Continue reading A Brief analysis of Anti Terror of Legislation (UAPA)

COVID-19 and Investment Arbitration : The road ahead

Abstract The COVID-19 outbreak has been declared a pandemic by the World Health Organization. People are encouraged to adopt social distancing as the world comes to a halt to combat the deadly disease. This has led to the sealing of state borders, shutting down of businesses and suspension of contracts. Needless to say, international contracts … Continue reading COVID-19 and Investment Arbitration : The road ahead

Legalizing Gay marriages

ABSTRACT The landmark judgment on 6th September 2018 scrapped the criminality of homosexuality as defined under section 377 of the Indian Penal Code, 1860 and opened up many probabilities for the queer community. On the whole, knowing how family inclined India is, a libertarian step in normalizing queer rights is legalizing gay marriages. Same-sex marriage … Continue reading Legalizing Gay marriages

Expansion of Article 21 to include Right to have a Dignified Funeral of COVID-19 dead victim

ABSTRACT The outbreak of COVID-19 and rapid increase of cases in India has created a consciousness of rights granted to dead bodies of COVID-19 victim. In this Article, Majorly the highlight has been done on expansion of Article 21 to inculcate Right to have dignified funeral of COVID-19 victim. When a person deserves to have … Continue reading Expansion of Article 21 to include Right to have a Dignified Funeral of COVID-19 dead victim

Animadversion of Accused during the Pendency of Trial- Violating the Fundamental Principle of Criminal Justice System

Abstract It is said that it is better to acquit ten guilty persons than convicting one innocent person. In India, the criminal justice system is based on the principle of ‘innocent until proven guilty.’ The criminal procedure lays down exhaustive rules for protecting the rights and dignity of the victims. The accused also enjoys the … Continue reading Animadversion of Accused during the Pendency of Trial- Violating the Fundamental Principle of Criminal Justice System

Judgements Moored To Gender Stereotypes That Proselytize Sexism

Abstract  The basic purpose of this blog is to bring into light the difficulty as faced by the victim due to stereotypical ideologies of the judges trying their cases. In this blog, we have discussed, by means of a study and certain cases, various comments by the judges which are quintessentially sexist and misogynistic. This … Continue reading Judgements Moored To Gender Stereotypes That Proselytize Sexism

COVID-19: A Trigger To Mental Health

ABSTRACT The spread of coronavirus has shaken not just India but almost every country in the world. Even though every individual is affected by the economic fall, the psychological effect is much larger. While for some it is just rising numbers in losses others are finding it difficult to fight this mental battle for survival. … Continue reading COVID-19: A Trigger To Mental Health

Marketing & E- Commerce Under The Purview Of Consumer Protection Act, 2019

Abstract The article is based on the recent amendment that took place in the Consumer Protection Act, 2019. The amendment has played a pivotal role in changing the marketing strategies of the business enterprises by prohibiting business enterprises to make false claims about their product. The Act also cover the E-Commerce platforms as well. Two … Continue reading Marketing & E- Commerce Under The Purview Of Consumer Protection Act, 2019

How The Ordinance Making Power Of The Executive Affects The Independence Of The Legislature?

ABSTRACT Article 123 and Article 213 of the Indian Constitution vest law-making powers in the hands of the President and the governors respectively to issue an ordinance which shall have a similar effect like any other Acts passed by the Indian Parliament. The aspect of urgency for the executive to step into the matter of … Continue reading How The Ordinance Making Power Of The Executive Affects The Independence Of The Legislature?

Analysis Of The Current Legal Standing Of Crypto-Currency In India

Abstract The utility of crypto-currency had always been a juncture of dispute due to its mysterious and unsettled legal position. But, the recent judgment of Supreme Court has opened up new avenues for crypto-currencies in India and thus, in recent times, crypto-currencies have been reaping a lot of attention and are gradually becoming the talk … Continue reading Analysis Of The Current Legal Standing Of Crypto-Currency In India

Critical & Comparative Analysis Of Doctrine Of Res Gestae & Dying Declaration

Abstract This article deals with some basic concepts of the law of evidence. Here, we are elaborating on the doctrine of Res gestae and dying declaration under section 6 and section 32 of The Indian Evidence Act, 1872 respectively. The law of evidence is a procedural law, in which if there is any absurdity, it … Continue reading Critical & Comparative Analysis Of Doctrine Of Res Gestae & Dying Declaration

The Need For Emergency Arbitration In India In The COVID-19 Predicament

Abstract Today, numerous commercial disputes are submitted to arbitration. Many times certain circumstances arise wherein a party needs a specific urgent relief so as to prevent a greater loss in the future. Emergency arbitration is a process in which a party can obtain an urgent relief before the constitution of the arbitral tribunal. In the … Continue reading The Need For Emergency Arbitration In India In The COVID-19 Predicament

Should Religious Boards Be Incorporated?

Abstract The Churches of South India (CSI) Trust Association (in short, ‘The Company’) is a public charitable trust registered under Section 25 of the Companies Act, 2013 for the promotion of religion and other charitable purposes. As the primary object of any religious charitable institution, the company aims at giving monetary assistance to societies, hostels, … Continue reading Should Religious Boards Be Incorporated?

Copyright Infringement: A Cognizable Offence Or A Non-Cognizable Offence?

Abstract: Copyright is an exclusive legal right vested in the owner of a work which maybe an artistic, literary, dramatic, musical, cinematograph piece or any other. It’s a unique Intellectual Property Right as it protects one’s work without registration, and is born from the point of creation. Hence, registration though advisable, is not compulsory. Though … Continue reading Copyright Infringement: A Cognizable Offence Or A Non-Cognizable Offence?

Discrimination Based On Sexual Orientation In The Light Of Article 15 And Supreme Court Judgement Of Navtej Singh Johar Case

ABSTRACT “The world is full of magical things patiently waiting for our wits to grow sharper.” Bertrand Russell Evolution of human beings has taken over millions of years. LGBTQ Community may be one such evolution. LGBTQ Community is not a community which has arisen suddenly, but it can be said that the community has started … Continue reading Discrimination Based On Sexual Orientation In The Light Of Article 15 And Supreme Court Judgement Of Navtej Singh Johar Case

Discrimination Based On Sexual Orientation

ABSTRACT In the contemporary times, world is moving towards working on individual rights and everyone wants freedom in his/her life that no one should enter and interfere while taking individual decisions. The issues regarding the freedom of bisexuals or homosexuals are ignored by many countries including India. People face discrimination based on their orientation on … Continue reading Discrimination Based On Sexual Orientation

Upholding Criminalization Of Homosexuality: Singapore S.C. Victorian Era Judgement In Light Of Indian S.C In Navtej Singh Johar v. U.O.I

Author – Vinhu Krishnatam Choubey NALSAR University of Law, Hyderabad. ABSTRACTThe paper attempts to critique a recent judgment rendered by the supreme court of Singaporewhich validated the existence of S.337A, a penal provision of law that criminalized malehomosexuality. India in, it’s one of its heavily celebrated landmark judgments, Navtej V. U.O.I,in the year 2018, struck … Continue reading Upholding Criminalization Of Homosexuality: Singapore S.C. Victorian Era Judgement In Light Of Indian S.C In Navtej Singh Johar v. U.O.I

Role of Mediation in Matrimonial Cases: Should it be mandatory?

Abstract : India is the second most populous country in the world, and the wide population leads to extensive disputes and pending cases which are time consuming and also overburden the courts. Thus, this article talks about mediation, the process of alternate dispute resolution and its necessity in today’s society; its informal, time-saving and more … Continue reading Role of Mediation in Matrimonial Cases: Should it be mandatory?

Legalisation Of Active Euthanasia And Assisted Suicide: An Indian Perspective And Precautions To Be Taken

ABSTRACT In March 2018, passive euthanasia was legalized in India by the landmark Judgement given in the Aruna Shanbaug case, recognizing that the right to life includes the right to have a dignified death. However, passive euthanasia has been allowed only in exceptional circumstances ruling out the other forms of euthanasia namely active euthanasia and … Continue reading Legalisation Of Active Euthanasia And Assisted Suicide: An Indian Perspective And Precautions To Be Taken

Medical Research Law: Individual Rights Versus Collective Good

WHEN IS THE NEED FOR MEDICAL RESEARCH JUSTIFIED? Abstract Medical Research is a very old profession, however its regulation is a very recent concept. Medical Research, particularly the clinical research involves lot of legal, moral and ethical aspects. In the past, medical research has resulted in various tragedies adversely affecting both humans and other creatures. … Continue reading Medical Research Law: Individual Rights Versus Collective Good

Critique Of The Transgender Persons (Protection Of Rights) Act, 2019

ABSTRACT The Transgender Persons (Protection of Rights) Act, 2019 is the first legislation of its kind recognising the transgender community in India and protecting their rights. The Act was passed by the legislature considering the suggestions given by the Honourable Supreme Court in the National Legal Services Authority v. Union of India, 2014. It was … Continue reading Critique Of The Transgender Persons (Protection Of Rights) Act, 2019

In Two Shakes Of A Lamb’s Tail: Watering Down Of LGBTQIA+ Rights During COVID-19

Abstract The Coronavirus (COVID-19) outbreak has collapsed economies worldwide. While the world continues to deal with the economic and financial repercussions of the pandemic, COVID-19 has also inadvertently spelt doom for the already ostracized and vulnerable LGBTQIA+ community. Several actions taken by nations across the world have stirred up a hornet’s nest due to their … Continue reading In Two Shakes Of A Lamb’s Tail: Watering Down Of LGBTQIA+ Rights During COVID-19

Critique Of Transgender Persons (Protection Of Rights) Act, 2019

Abstract Article 14 guarantees equality to all citizens of India. Therefore, it must be applied to trans-genders as well, who form an integral part of society. The Transgender Persons (Protection of Rights) Act, 2019 is a step forward followed by two steps backward. The recognition that Trans-genders need protection is a much-delayed step forward. The … Continue reading Critique Of Transgender Persons (Protection Of Rights) Act, 2019

Intimate Partner Violence And Domestic Violence In The LGBTQ Community

Abstract: The members of the LGBTQ community, just like any other member of the society, are prone to being physically abused by their partner. While movement against domestic violence in heterosexual communities has gained momentum in the past few years, the deplorable condition of the LGBTQ community is always undermined and never brought to the … Continue reading Intimate Partner Violence And Domestic Violence In The LGBTQ Community

Collaborative Federalism: The Yellow Brick Road Out Of The Pandemic

Abstract The COVID-19 pandemic has rocked national governments with an unfathomable impetus. With India struggling to control the spread of infection, this article aims to explore one domain of this struggle; Ineffective Federalism. The split-up of powers between the Centre and the States has caused an endeavour for autonomy which has, in turn, acted as … Continue reading Collaborative Federalism: The Yellow Brick Road Out Of The Pandemic

Critical Analysis Of The Amendments Made In IBC- 16, Attributable To The Critical Pandemic, COVID-19

ABSTRACT This article focuses on the changes that have been made in the Insolvency and Bankruptcy Code, 2016 due to covid-19 pandemic. Five major policy changes have been listed out in this article which has caused a lot of stir in the banking sector. These Policy changes have been critically analysed from both the creditors’ … Continue reading Critical Analysis Of The Amendments Made In IBC- 16, Attributable To The Critical Pandemic, COVID-19

Inclusivity In Indian Armed Forces

ABSTRACT LGBTQ community has been subjected to a lot of discrimination from the past few years; the Armed Forces are no way behind. Firstly, I have discussed the strict rules for homosexuals in the Indian Military forces, discussing the various statutes which mention it indirectly. Further, I have reviewed the timeline of the decriminalization of … Continue reading Inclusivity In Indian Armed Forces

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