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The adoption of technology and its advancements have brought various fundamental and structural changes to various sectors of the economy, including the banking sector. In India, the move towards e-banking was initiated by the Reserve Bank of India (RBI) by relying upon several recommendations provided by high-level committees formed for promoting the growth of information technology in the field of banking. In the current scenario, digital payment methods have replaced conventional paper-based methods due to their costefficiency and expediency. However, it is accompanied by certain challenges, such as poor security measures followed by institutions, which in turn create reputational, operational, or legal risks as they might lead to the disclosure and misuse of sensitive personal information of customers. In order to combat such risks and meet the challenges, the legal framework needs to be strengthened and made more stringent, while specific laws governing electronic payments need to be complied with. The paper examines the relevance of the growing electronic fund transfer systems in India, issues associated with them, existing statutory provisions, and directions issued by the RBI to combat such challenges, and offers suggestions to strengthen the legal framework in order to protect customers as well as participating institutions. [ABSTRACT FROM AUTHOR]

Cryptocurrency is a digital representation of value that is not a legal tender. It is a digital asset, sometimes also referred to as a crypto asset that works as a medium of exchange for goods and services between the parties who agree to use it. Strong encryption techniques are used to control how units of cryptocurrency are created and to verify transactions. Cryptocurrencies generally operate independently of a central bank, central authority or government. India ranks among the top five countries of the world from the perspective of share of currency held, which is at 44% of the world's share. Since the regulatory framework regarding cryptocurrencies in India is uncertain, this paper analyzes the taxation (or non-taxation) by considering them as goods and currency, and the major approaches currently prevalent across the world. The focus of this paper is to explain the legal aspects relating to cryptocurrencies and blockchain. [ABSTRACT FROM AUTHOR]

Judiciary is one of the three important organs of the government. The independence of the judiciary is crucial for the performance of its functions without fear or favor. The independence of judiciary basically refers to non-interference from any other organ of the government restraining its function to deliver justice in a fair and impartial manner. However, it doesn’t mean absence of any form of accountability. Montesquieu who propounded the idea of independence of judiciary majorly relied on the theory of separation of power to ensure an independent judicial system. Despite all the efforts, maintaining the judiciary free from all forms of bias is still a far-reaching dream. This paper examines the concept and importance of the independence of judiciary. The paper also highlights the various ways in which the independence of the judiciary can be curtailed. The paper further includes the interrelation between the doctrine of separation of powers and the concept of independence of the judiciary. The measures adopted by various constitutions, with special reference to the Indian and US constitutions, are also discussed and compared. [ABSTRACT FROM AUTHOR]

In the current situation, the intense use of the Internet for official as well as private communication makes everyone more dependent on cyberspace. Being dependent on cyberspace is beneficial for development, but it makes our workstations more vulnerable. After looking at the recent incidents of cyberterrorism, every country is more concerned about attacks on critical infrastructures. The Indian Government formed the "National Critical Information Infrastructure Protection Centre" in 2014 as a national nodal agency for the protection of critical infrastructure. After considering the contemporary facts as stated above, this paper ascertains the jurisprudential concept of cyberterrorism and the protection of critical infrastructures. After discussing the international initiatives, this paper critically analyzed the Indian legislation relating to combating cyberterrorism and securing critical infrastructures. [ABSTRACT FROM AUTHOR]

The Covid-19 pandemic and ensuing lockdowns had a deleterious impact on violence against women. Infact, United Nations Secretary-General Antonio Guterres even called a halt to the "global surge in domestic violence" and pressed for a domestic violence "ceasefire." The UN termed violence against women a "shadow pandemic." The National Commission for Women in India reported that there was a surge in complaints related to domestic violence during the lockdown. Officially reported cases are just the tip of the iceberg, as underreporting of these crimes is a major problem. In light of this background, the paper seeks to find a correlation between domestic violence and other crimes against women. It highlights that domestic violence and other crimes against women may have common underlying causal factors. Knowledge of the interlinkage between the two can help in devising strategies to counter all crimes against women. [ABSTRACT FROM AUTHOR]

This paper seeks to gauge the attention of constitutional functionaries and legal practitioners generally, and homebuyers specifically by highlighting a few discrepancies in the Prevention of Money Laundering Act, 2002. The said Act has been amended a number of times since its first enactment owing to the growing emphasis on curbing money laundering in the political narrative in India. In drafting the law and empowering the enforcement agencies, the Parliament has sought to tackle the problem of money laundering and weed out the proceeds of crime hidden in the deepest crevices of the financial system. However, in doing so, has the Parliament gone a few steps too far? This paper seeks to answer this very question in the affirmative. The paper deals with the constituents of the "proceeds of crime" in tandem with the offense of money laundering under the said Act prior to and after the Prevention of Money Laundering (Amendment) Act, 2012. Pursuant thereto, the nature of the attachment and confiscation proceedings under the said Act have been discussed. Thereafter, how the said amendment works to the bereavement of bona fide homebuyers is dealt with on three counts: (i) the right to property; (ii) the burden of proof, and (iii) wrongful attachment of property. The paper concludes with a few alternative interpretations to the said Act provided by the Indian Judiciary which supports the suggestions made by the authors to remedy discrepancies highlighted in the Act. [ABSTRACT FROM AUTHOR]

Taxes are the major source of revenue for a country to run its administration while upholding its sovereignty. In India, revenue is collected through direct and indirect taxes with due adherence to the laws. With a revolution in the sphere of indirect taxation in India in 2016, there came the Goods and Services Tax (GST) Act of 2017. It subsumed all the existing indirect taxes under one single umbrella, i.e., GST, with the motto of establishing a ‘One Nation, One Tax’ policy. The basic intention behind such reform was to make the tax burden lighter on the taxpayer by removing the cascading effect and introducing a better and easy compliance mechanism that ultimately focused on enhancing the tax base for the government. Alongside, it also incorporated provisions relating to search, seizure, arrest, and bail with regard to indirect tax evasion in the country. This paper is an analytical study of the provisions pertaining to arrest and bail with conditions precedent as specified under the GST Act and the corresponding impact so far as the implementation of the Act is concerned. The paper also draws inferences from the judicial pronouncements in this regard. [ABSTRACT FROM AUTHOR]

The construction industry is one of the highest contributors to economic growth worldwide. The construction industry has significant associations with other sectors, and hence its influence on economic development as well as GDP. It includes a series of activities comprising residential construction, engineering works, development projects, complex infrastructure projects, built-up works, etc. The construction sector of India is developing swiftly. But there are many reasons which cause stoppage or postponement of work. There are many disputes which arise between the contractors and clients throughout the implementation of a project. This paper provides a brief overview of arbitration as an active approach of alternate dispute resolution and the necessity for operative dispute resolution management techniques in arbitration to get actual and judicious resolve of construction disputes. It further deals with construction contracts and types of contracts and issues arising out of construction contracts. The major focus of this paper is on the rights of contracting parties of construction industry and legal aids available to the parties, along with dispute resolution mechanisms when faced with construction disputes. [ABSTRACT FROM AUTHOR]

The Constitution of India glorifies not only political sovereignty but also economic freedom. The dynamism of law is seen as a crucial factor in societal transformation. The constitution serves as the foundation for individual rights and provides mechanisms to protect fundamental rights. The principle of rule of law is essential for constitutionalism. In a federal structure, the constitution’s supremacy is a fundamental feature, and parliamentary affairs should not overshadow it. The judiciary plays the most pivotal role in interpreting legislative and executive actions, contributing to the essence of constitutionalism. Judicial dynamism has been instrumental in safeguarding the rights of citizens against arbitrary state actions. The essence of constitutionalism also supports social transformation through legislative modernization, contributing to societal development. Therefore, as noted in this paper, the concept of constitutionalism promotes a philanthropic constitutional essence aimed at establishing a welfare state as well as maintaining social equilibrium. [ABSTRACT FROM AUTHOR]

The aim of this paper is to provide an overview of the existing legislations, complemented by government policies and specific guidelines developed during the Covid-19 pandemic for its effective implementation, along with a few cases reflecting the approach of the Indian judiciary in controlling and managing biomedical wastes. There must be a legal framework in place to govern the handling of different forms of trash and the collection and transportation of waste as well as the duties and training needed for waste management and regulation inside India. In addition, the paper examines the legal gray areas and obstacles to the effective execution of the Biomedical Waste (Management and Handling) Rules, 1998 and its subsequent amendments in 2016. Nature has often shown us the importance of the interdependency of the atmosphere, development, and law, which has only just been recognized by the world. The present improbable and disastrous pandemic wave has impacted human health and environment so severely that it has brought forward the desperate need for effective management of huge biomedical waste generated and disposed of in our country. In furtherance of which, the government has also laid down special guidelines to be followed for disposal of biomedical wastes during treatment/diagnosis/quarantine of Covid-19 patients. This further endorses the fact that mere protection and conservation of the environment under the Constitution, mandated by various legislations, does not suffice, and it is high time that we ensured proper control and management of biomedical waste to save the most basic human right that is "Right to Life", visualized under Article 21 of our Constitution. [ABSTRACT FROM AUTHOR]

IVF and Assisted Reproductive Technology (ART) have offered millions of infertile couples a ray of hope. ART has revolutionized the lives of countless hopeful couples by fulfilling their dream of having children. Advanced research practices have been made possible by ART. The technology also challenges society’s views on human life, justice, equal rights, and entitlement to biological offspring. The paper discusses the legal importance of ART, role of ART clinics, the criteria for determining whether a couple deserves to use ART measures, etc. It also examines the legal issues involved in the reproductive rights of women. It is felt that more laws are needed to address the problems brought out by ART. [ABSTRACT FROM AUTHOR]

The purpose of the criminal justice system is prevention of crime, maintenance of law and order to preserve public peace, as well as protection of rights of the important stakeholders, i.e., the accused and crime victim. In India, the criminal justice system is accused-oriented. The Constitution of India guarantees certain rights to the accused under articles 20, 21, and 22. Conversely, victims of a crime are forgotten. They are considered mere witnesses in the trial. In the last few decades, many countries in the world have recognized the need to protect the rights of the crime victims. But unfortunately in India, there is no substantial improvement in the condition of victims. In 2003, Justice Malimath Committee made several recommendations concerning victims of crime. Amendments have been made to the Criminal Procedure Code in 2008 and Section 2(wa) has been inserted in the code which provides an elaborate definition of a victim. Few other sections also have been inserted by Criminal Law Amendment Acts which contain provisions relating to the victim. Nonetheless, the needs of the victims are not properly addressed and their role in the criminal justice system is nominal. This paper examines the role of crime victims in the criminal justice system and suggests measures to enhance their position. [ABSTRACT FROM AUTHOR]

The existence of a punishment such as Death Penalty in contemporary India presupposes a blameless, unmarred Criminal Justice System. When a court decides to take the life of a human being, with the intention to punish for a wrong deed, it assumes that all the chains in the machinery that led to the conviction of this man are faultless. Through this paper, the authors aim to analyze the procedures of criminal justice that take place in our country. The purpose of this paper is to understand whether this brutal punishment relies on a system that is just, fair and dependable. The authors introduce their stance on the issue with the help of a contemporary Indian case. Then, the processes of investigation and collection of evidence by the police are scrutinized. Further, decisions of the judiciary are analyzed to develop an understanding of the methods of the judiciary. Later, the final stage of criminal justice, the executive clemency, is broadly analyzed. Once the system that awards this punishment is scrutinized, the authors attempt to prove the alleged brutality of the punishment by analyzing its impact. [ABSTRACT FROM AUTHOR]

India is known for the inordinate delays in the disposal of cases. Inordinate delays in the legal process are viewed as breach of investment treaty obligation by India. To overcome this and to ensure speedy adjudication of commercial disputes in India, the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 was enacted. Alternative Dispute Resolution (ADR) mechanism plays a major role in commercial disputes. Among all the ADR mechanisms, mediation has attracted the parties around the globe and proved to play an effective role in commercial dispute resolution. Of late, mediation has found an attractive position under Section 12A of the Commercial Courts Act, 2015 by way of 2018 amendment in the form of Pre-Institution Mediation and Settlement. The legislature intended mediation to be a remedy of first instance which has to be exhausted before moving the court of law. Against this background, this paper analyzes the introduction of this new concept into the Commercial Courts Act and takes a critical view on the implementation of mandatory mediation in commercial disputes. The paper further gives suggestions to overcome the shortcomings in the implementation of Section 12A of the Commercial Courts Act, 2015. [ABSTRACT FROM AUTHOR]

The right to abortion is one of the most prominent reproductive rights and hence has been a topic of great discussion, deliberation, and debate all across the globe. This has also been due to its varying nature and degree of acceptance in differing legal frameworks and jurisdictions. While it is one of the most intimate decisions and choices that a woman ought to have the authority to make, its jurisprudence, in tandem with an inalienable facet of privacy, that is, decisional privacy, has shaped the law and policy of various common law countries, including India and the United States. In this regard, the legislative approach in both countries is dynamic, and the judicial outlook has had different scales of balance, tilting towards either the 'compelling state interest' to protect a fetus or the decisional autonomy, reproductive rights, and privacy of the woman bearing the child. However, the triad of law, politics, and society, with shades of religion, have shaped the mechanisms that govern such rights in both these nations. And this paper presents a comparative perspective on the abortion laws and policies vis-à-vis privacy of the individual in India and the United States. [ABSTRACT FROM AUTHOR]

The 'doctrine of pleasure,' as enshrined in the Indian Constitution, has its roots in the unfettered feudal system. In a feudal setup, the crown has absolute power; on the other hand, in a democratic setup, there cannot be anything unfettered, arbitrary, and irrational. The pleasure doctrine and its interpretation are alien to a democratic society as it grants power to the holder to act whimsically. This paper focuses on the precarious interpretation of the doctrine of pleasure in India with reference to gubernatorial power. In recent times, various political parties in power at the center have misused the office of Governor for political gains, which negates the very spirit of the Indian Constitution. [ABSTRACT FROM AUTHOR]

This paper is an attempt to examine India's water security in the present scenario of its fast dwindling water resources and aggressive posturing by China which plans to subvert Brahmaputra waters. This paper critically examines the treaties that India has so far entered into with its neighbors regarding the use of its transboundary river waters, their applicability to the water sharing conflict with China, various doctrines including the Helsinki Rules and the UN Convention of 1997, how they have been adhered to and used by different countries as well as how they can be invoked to meet India's water security. [ABSTRACT FROM AUTHOR]

Forensic evidence plays a crucial role in legal proceedings as both parties can rely upon and produce it to support their case; and, the judge also concludes the case based on such evidence. Although forensic evidence is known for its precision, there is a huge disparity in its relevancy in a particular case and the appreciation or admissibility of the same by the court during its conclusion. In India, the rules regarding the admissibility of forensic evidence are opaque and limited to some of the common laws; besides, the law of evidence is only prescribed for the relevancy of the forensic evidence. Further, due to the lack of detailed codification, the reliability of forensic evidence depends on the discretion of the judges and may be discarded due to various reasons. In light of the above, this paper relies on the theoretical method of study to discuss the importance of forensic evidence and also discusses its relevancy and reliability in legal proceedings. It also analyzes the discretionary power of the court which permits forensic evidence in a legal proceeding, and concludes with some suggestions for the use of forensic evidence in criminal trials in India. [ABSTRACT FROM AUTHOR]

Construction sector is associated not only with the highest revenue and employment generation but also with maximum unresolved disputes. This discrepancy is observed due to lack of an efficient dispute resolution mechanism. This paper tries to highlight the pitfalls in the current mechanism and proposes guidelines to establish a system to tackle these issues. A survey was conducted with the arbitrators, architects and engineers working in the construction sector. The paper proposes step-by-step guidelines to establish the hub that consists of a separate board and dispute resolution method as per the sector, and lays down procedures to maintain a pool of arbitrators and technical staff under its wings. [ABSTRACT FROM AUTHOR]

Startup companies and emerging ventures often face difficulty in gathering funds for their business entities. A group of investors who are wealthy and who are interested in new business ideas having potential, always come to the rescue of such startup companies. These investors are angels who not only provide funds at the crucial beginning of an entrepreneurship but also help them with own expertise and contacts in the market. But the question that arises is: What do such investors expect in return and how different are they from the traditional lenders? This paper aims to study the concept of angel investors, their role in startup fund raising and the merits and demerits of angel investment in a startup. The paper gives an overall view of the concept of angel investors and angel funds and the Indian legal framework governing the same. [ABSTRACT FROM AUTHOR]

Right to Safety is one of the major consumer rights sought to be protected and promoted under the Consumer Protection Act. Every product entering the market has to meet the test of legitimate expectation of safety to consumers. In cases where the product falls short of safety standards, the consequences can be very damaging for the consumers. Product liability refers to the consumption accident that results from defects in a product. Of late, the cases of defective products have been on the rise from all sectors--food and beverages, pharmaceuticals, personal care products, domestic appliances, motor vehicles, farm machinery, and many others. Traditionally, the product liability cases have been taken up under the law of torts and contract law. The Indian Contract Act, 1872 and Sale of Goods Act, 1930 have been the major legislations dealing with product liability to an extent. While there have been a few other sector-specific legislations as well dealing with product liability, there was no general legislation dealing with the issue. The recent Consumer Protection Act, 2019 contains specific provisions laying down the liability for the manufacturers, sellers, and service providers. This paper traces the historical evolution of the concept of product liability in India, discusses landmark cases and examines the provisions of product liability with reference to the Consumer Protection Act, 2019. [ABSTRACT FROM AUTHOR]

Economic empowerment of women is a means to realization of their rights and national development. In India, after agriculture, the construction sector is one of the largest contributors to economic activity and 30% of the construction workers are women. Compared to their male counterparts, women in the construction sector are often denied the right to equal pay for equal work. This discrimination is due to the interplay of various factors such as nature of work, gender stereotypes, perception about construction as a male-oriented industry and engagement of women as unorganized workers. In India, the mandate to pay parity is guaranteed by the Constitution and the Equal Remuneration Act, 1976. The enforcement of right to equal pay is hampered by various lacunae prevailing in the substantive law as well as problems faced in implementation. This paper is an attempt to understand the discrimination regarding payment of wages faced by women in the construction industry, find out the causes of it and make concrete recommendation to deal with it. [ABSTRACT FROM AUTHOR]

Banking institutions are iron horses of our country that propel financial sector operations, money market, and economic prosperity. In recent years, although the banking sector has completely gone for an overhaul, the loss caused due to frauds is still rising. Fraud losses can be reduced by banks by using advanced technology and analytics. Customers should be educated about fraud prevention, laws should be applied more strictly, data analysis technologies should be used, fraud mitigation best practices should be followed, and multipoint scrutiny should be used. In 2015, the Reserve Bank of India created new methods for banks to combat loan fraud by taking proactive measures such as establishing a Central Fraud Registry and introducing notion of a Red-Flagged Account, and Indian investigative agencies will soon begin sharing their information with banks. Even though banks are not completely safe from unforeseen threats, they can be more secure. This paper critically analyzes the legal challenges that the banking institutions are facing with respect to bank frauds and the impact of technology on the fight against the menace. [ABSTRACT FROM AUTHOR]

In India, river Ganga is extremely important for Hindus and for those who depend on it for their livelihood. The Government of India has declared river Ganga as the 'national river of India' in a bid to prevent the water from getting polluted and to improve the water quality and as a step to instill in the minds of the people the importance of the river. On March 20, 2017, the Uttarakhand High Court, in the case of Mohammed Salim vs. State of Uttarakhand, expressed the utmost expediency to give legal status to rivers Ganga and Yamuna as a living person/legal entity in accordance with Articles 48A and 51A(g) of the Constitution of India. This decision gained wide popularity across the world as India became the second in the world after New Zealand to declare river as a living entity. But despite the popular approval of the verdict, the apex court, in a subsequent Special Leave Petition filed by the Government of Uttarakhand, stayed the order of the High Court. Against this background, the paper highlights the importance of river Ganga in the Hindu mythology. The paper also focuses on the recent judgment by the Uttarakhand High Court on the status of river Ganga and also compares the position of river Ganga with the case of Whanganui river of New Zealand and the rights of nature under Ecuador Constitution. [ABSTRACT FROM AUTHOR]

The question of economic development at the cost of social development has stirred many controversies in the history of independent India. The objective of this paper is to examine the social security of laborers inside the Special Economic Zones (SEZs) in India. A cursory reading of the SEZ Act, 2005, does not reveal if the labor legislations in India are same inside and outside the SEZs. The only evident piece of information that the Act is clear about is that labor in the SEZs is subject to a modified regime which aims at non-implementation of labor laws within the SEZs in India. This paper further evaluates the question of formation of trade unions within the SEZs. Further, it evaluates the possibility of the workers going on a strike within the SEZs. The author proposes creation of a new legal regime for the implementation of labor laws within the SEZs. [ABSTRACT FROM AUTHOR]

Medical tourism is a recent phenomenon to boost Indian economy. Foreigners are fascinated to get medical treatment in India especially in private hospitals due to quality medical treatment, low medical cost, modern and world-class infrastructure, best hospitality and favorable governmental policies. These reasons forced India to emerge as the preferred destination for medical treatment among the foreigners. Private hospitals are the basis for medical tourism in India. One of the main causes behind the establishment of series of private hospitals is the promotion of medical tourism in India. India is the world's second highly populated country. Most of the population is living below poverty line in rural areas. They are not able to afford costly medical treatments in private hospitals. The number of government-sponsored hospitals is very less and not well-equipped with advanced medical facilities. These reasons ultimately affect the people's right to health as granted by the Indian Constitution under Article 21. This paper aims to find out a balanced solution to promote medical tourism and also focuses on the right to health of every person in this regard. [ABSTRACT FROM AUTHOR]

The paper seeks to re-incorporate the utilitarian adoption of the color blind vision in the system of reservation in India that has been clouded by the adoption of the Rawlsian perception of practical equality. The Constituent Assembly debates have shown that the inclusion of Article 16 (4)1 in the Indian Constitution, and consequently Article 15 (4),2 were to serve as exceptions to the formal equality embedded in Articles 14,3 15(1),4 16(1),5 and 16 (2).6 Given the structural conditions in India, a concurrence with the conception of practical equality flows as an absolute necessity. However, the necessity must not supersede the general/formal equality established in the society. The first part of the paper analyzes statutory interpretations guided by the principle of reasonableness to prove that it is a product of a Color Blind Constitution. The second part establishes the greater prominence to formal equality under the Color Blind Indian Constitution. The third part illustrates that the Group Subordination Vision under the Indian Constitution came about at a compromise to the sacred balance, by an equality of deceit. The fourth part claims for the adoption of economic criteria for backwardness and the 'creamy layer'. The fifth part seeks to reconcile all the aforementioned ideas to re-establish the sacred balance. The analysis is restricted to the Scheduled Castes, Scheduled Tribes and the Other Backward Classes. [ABSTRACT FROM AUTHOR]

In the neoliberalism era, the concept of Right to Development (RTD) plays a crucial role for the development of an individual as well as institution. The RTD--treated as third generation right--has wider scope in its interpretation because of its unique mixture of both civil and political rights and economic and social rights. The RTD had its influence from western capitalism and eastern socialism. This paper tries to focus on the impact of RTD on the Transnational Corporations (TNCs) and the role of TNCs in the development process of the host country. The paper finds as to how the TNCs, under the umbrella of development, change the dynamics of accountability in a new sense. Besides, the concept of RTD is not intended for the TNCs to escape their liability from accountability. The paper also enlightens as to how the concept of RTD has been misinterpreted and misconceptualized by the TNCs. The paper tries to draw a cordial relationship between the development and accountability concepts of TNCs with some suggestions. [ABSTRACT FROM AUTHOR]

Former Chief Election Commissioner S Y Qureshi has rightly said that the higher the position, the higher should be the qualification. There has been growing concern over the years in India about several aspects of our electoral system. One such is prescribing the mandatory educational qualification for contesting the election of MP and MLA. In the Constituent Assembly B R Ambedkar remarked that "I think that it is a matter which might be left to the legislatures. If the legislature at the time of the prescribing qualification feels that literacy qualification is a necessary one, I no doubt think that they will do it." This seems to suggest that the framers believed that the power to the Parliament under the omnibus clauses of (which became) Articles 84 and 102, included the power to prescribe literacy qualifications. An attempt has been made in this paper to draw attention to the urgent need for electoral reforms, while making a balance between 'wisdom' and 'knowledge' for the better administration of democracy, in the light of the recent ordinances passed by Rajasthan and Haryana governments. The paper also discusses and critically evaluates the judgment of Haryana High Court in the case of Rajbala & Others vs. State of Haryana & Others while citing foreign instances. [ABSTRACT FROM AUTHOR]

Environment is an emerging area of specialization in the country. Solutions have to found consistently keeping in mind the human rights commitments and the rule of law framework. Access to justice has been recognized as a part and parcel of right to life in India and in all civilized societies around the globe. Article 21 of the Constitution of India not only protects the human rights but also casts an obligation on human beings to protect and preserve a species from becoming extinct; conservation and protection of environment is an inseparable part of right to life. The Stockholm Declaration or the Declaration of United Nations Conference on the Human Environment signed in the year 1972, to which India is a signatory, has laid down the foundation for sustainable development and urged the nations to work together for the protection of the environment. Conventions on Biological Diversity, signed in the year 1962 at Rio Summit, recognized for the first time in International Law that the conservation of biological diversity is "a common concern of human kind" and is an integral part of the development process. This paper focuses on environmental jurisprudence in the form of constitutional right to a healthy environment. The paper describes and analyzes the rulings of the Supreme Court with special reference to environmental aspects leading to unhindered access to justice. [ABSTRACT FROM AUTHOR]

The concept of consent for medical interference has undergone an attitudinal change as the society progresses in India and abroad as well. Indian Supreme Court has reiterated time and again that it is real consent not informed consent that is applicable in India. Yet, a change in the attitude is palpable even in the judicial arena. The fiduciary role of doctor in eliciting consent is alleged to have been misused in many cases. In an era when medical profession is largely commercialized and ethical standards are at stake, the responsibility of law is heavy in insisting candor on the part of the physician. This paper presents a comparative study of the legal position on informed consent in the US, the UK and other commonwealth jurisdictions. The paper highlights the need for legal measures on medical consent in India, ensuring disclosure of information by the doctor. The need for informed consent is established by analyzing the current socio-legal status in the health sector in India. [ABSTRACT FROM AUTHOR]

In recent years, India has witnessed unprecedented stress on its water resources, and the scarcity of usable water has drawn considerable attention. The problem of scarcity is exacerbated by widespread pollution of water bodies that renders even the available water resources unfit for use. Past experience, internationally and in India, has demonstrated that water resources are best managed at the local level with a watershedbased approach and involvement of local communities. Therefore, institutions of local self-government like the Panchayati Raj Institutions in rural areas and Municipal Councils in urban areas can play a central role in management of water resources. The local selfgovernment bodies in India have indeed been vested with the responsibility of management of water resources under the constitutional scheme. However, the impact of these institutions on water resources management has been miniscule and unsatisfactory, and so is their involvement in centrally-sponsored schemes in this field. This paper discusses the facts stated above and builds a case for better involvement of local bodies in water resource management. [ABSTRACT FROM AUTHOR]

Related party transaction is understood as an agreement or a deal, for business, between two or more parties who hold a pre-existing special relationship. The pre-existing relationship is not only confined to the company but also to its subsidiaries, joint ventures, substantial shareholders, executives, directors, key-managerial persons, etc. In every business group, the transaction with related party takes place and related party transaction per se is not prohibited. The related party transactions have come under close scrutiny in the recent years as many companies have misused it. Various cases have been registered before the judicial body dealing with related party transactions. Related party transaction is allowed if it comes under the ambit of 'arm's-length transaction'. This paper focuses on various aspects of related party transaction such as related party, relative and procedure to be followed by the companies when they are entering into related party transactions as laid down in Section 188 of the Companies Act, 2013 and SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015. [ABSTRACT FROM AUTHOR]

This paper discusses the anticipatory bail provisions in India. Under Section 438 of the Criminal Procedure Code (CrPC), there is a provision for a person to seek 'Anticipatory Bail'. This denotes that an individual can seek or request to get bail in anticipation or in prospect of being denominated or incriminated of having committed a non-bailable offense. Section 438 of the CrPC prescribes that a person may apply to an opportune High Court or Court of Sessions for anticipatory bail when he has reason to believe that he may be apprehended on incrimination of having committed a non-bailable offense (note that this provision does not apply in every state in India). The filing of an FIR is not an indispensable pre-condition for the filing of an application for anticipatory bail. When directing the grant of anticipatory bail, the court may set such conditions as it deems fit. Anticipatory bail orders are customarily time-bound and are not granted as a matter of right. The court must be slaked that the person will not interfere with the investigation or hamper the inquiry into the malefaction and that the incriminated would be subjected to undue harassment or unjustified detention if the order were not to be granted. Anticipatory bail is denoted to be a safeguard for a person who has erroneous incrimination or charges made against him/her, most commonly due to professional or personal enmity, as it ascertains the relinquishment of the erroneously incriminated person even before he/she is apprehended. Anticipatory bail is customarily not granted for heinous crimes (rape, murder, etc.). Pursuant to granting of anticipatory bail and the arrest of the person, the person must be relinquished upon consummating the conditions of the bail (depositing the mentioned surety). [ABSTRACT FROM AUTHOR]

This paper aims at analyzing the judgment of the Supreme Court of India keeping in view the object sought to be achieved by the welfare provisions, viz., Section 112 of the Indian Evidence Act, 1872 and Section 125 of the Code of Criminal Procedure, 1973. In the judgment of the Apex Court in Nandlal acase, the Court deviated from the law. The Apex Court remarked 'Truth must triumph,' which is the hallmark of justice, unwittingly bastardizing an innocent girl, which is untenable. The Court was anxious to render justice, bypassing a deserving girl and her mother and ruling in favor of an 'undeserving' man, deviating from the law. The Court also obviously overruled its precedents which are binding on it.b The Court also failed to invoke purposive rule c of interpretation. The Court must have restrained itself from the deviation as it was done in the Naaz Foundation case. d The Court must have invoked the example of Badshah vs. Sou. Urmila Badshah Godse ecase. This paper attempts to delineate the provisions and the rationale and the reasoning given by the Courts in treating the law as a means to render justice. [ABSTRACT FROM AUTHOR]

The paper consists of two parts: one discusses the concept and recent incidents of rape and gang rape, and the other discusses specifically incidents of rape of dalit women in India. The framework of existing laws on rape is also explained along with its pros and cons. Using government statistical data, the paper seeks to highlight the cases of sexual violence against women in India and offers suggestions for combating the same. [ABSTRACT FROM AUTHOR]

Consumerism camouflaged in welfares, beeping autonomy of individual choice and financial interests and integrity, embraced health sector with an astounding assurance of 'health for all'. Consumerism in no time swiftly drifted from 'vendor-centric' to 'vendee-centric' for opulent and high income brackets. Health became a 'product' and patient transformed into a 'consumer' , mauling the mutual loyalty and trust between the 'health provider' and 'health seeker', and eventually engendered health consumerism since medical service got converted into industrial imperialism. Oceanic literature on right to health stuffed with legal, moral and social obesity could see only slack and sick human race, far from the enforcing executive regimes, and 'healthcare' became 'health scare' in terms of price and performance. Right to health cannot be construed to be a package of services, and according to WHO, "the right to the highest attainable standard of health" requires a set of social criteria that is conducive to the health of all people, including the availability of health services, safe working conditions, adequate housing and nutritious foods. Healthcare consumerism is about transforming health benefit plans by putting economic purchasing power and decision making into the hands of participants. Consumerism in the healthcare industry is an inescapable growing trend. Healthcare is not the same as the purchase of a TV set. This paper casts a cursory glance at the emerging era of health consumerism and the situation obtaining in India. [ABSTRACT FROM AUTHOR]

Comparative advertising is a marketing strategy that can be hostile to consumer rights, if not regulated properly. In India, it is a concept governed by many statutory provisions under various legislations. Consumer Protection Act, 1986, Trademarks Act, 1999, etc. are some of them. Indian judiciary has also over the years played a well-defined role, setting the legal position. This paper is an analysis of comparative advertising in India with reference to the statutory provisions and judicial decisions. [ABSTRACT FROM AUTHOR]

Old and established legal principles are called legal doctrines. As a general rule, there is an agreement that the doctrine is "a source of inspiration" of the rule of law or a de facto authority. This paper attempts to highlight some leading judgments of the Supreme Court of India to trace the principles of law forming the basis for the application of the doctrines, viz., the doctrines of Pith and Substance, Repugnancy and Colorable Legislation which have been applied by the common law systems. The trident testing the constitutionality of the laws dealing with the legislative relations of the Union and the States in India is analyzed. The author discusses the division of power among the Union and States in the Federal setup of India to decide the constitutionality of the legislations by the Constitutional Courts in India with the tools of interpretative doctrines. [ABSTRACT FROM AUTHOR]

The Presidents of the US and India enjoy certain executive powers under their respective Constitutions. One such power is the power to grant pardon or clemency. The pardoning power of the President is not an unbridled one, and judicial review of such a power is possible under the Constitutional framework. This paper discusses the scope and limits of the pardoning power of the President of the US and compares the same with the Indian scenario. The main issue of discussion is whether the President can self-pardon and if so, whether such power is permissible under the Constitution or not. Self-judging or self- dealing is one of the most pertinent principles of natural justice and such a power goes against the constitutional structure as well. Furthermore, an attempted self-pardon will undermine the confidence of the people in the President and the Constitution. [ABSTRACT FROM AUTHOR]

Genetically Modified Organism (GMO) in agriculture is a subject matter of great concern nowadays because it is believed that it has severe ramifications if not dealt with vigilantly. Herein, the role of judiciary is very important along with the legislative policy, regulatory framework and its implementation. Agriculture has a main stake not only in the economy but also in every human being's life. Therefore, introduction of biotechnology in the field of agriculture at international and national levels has raised unease regarding legal, social, ethical, environmental, health and economic issues. Throughout the world, including India, GMOs in agriculture have raised the above-mentioned issues which have been addressed by the judiciary. This paper reviews the role of judiciary in dealing with GMOs in agriculture. [ABSTRACT FROM AUTHOR]

Feminization of labor has intensified with the advent of economic liberalization. Though it has improved the economic status of women in the society, their rights are least respected especially in the unorganized sector. This is a gross violation of the rights which are being guaranteed to women under various human rights documents and under the Constitution of India. Protection of rights of women in the unorganized sector is the last priority for the employers in the unorganized sector and this is due to the ineffective implementation of labor laws. The situation needs immediate revamping and the paper introspects about the flaws in the laws and the implementation of the same. [ABSTRACT FROM AUTHOR]

Administration of justice is the first promise of our Constitution. For achieving this end, courts have been established. Since the dawn of civilization, crime has been existing in our society. For curbing criminality, criminal law courts have been established. In the administration of justice, much focus has been on the rights of the accused. It seems trial starts with the accused and ends with the accused. The role of victim has been neglected in the process of administration of justice. It is only during the last few years that the role of victim in the judicial administration has been highlighted. At the national level, the Malimath Committee Report plays an important role in highlighting the role of the victim in the criminal administration of justice. It has been pointed out that to make the role of the victim more proactive, many steps need to be taken. There is a dire need for reformation of the criminal law in our country so that the victim is not taken as a forgotten identity. This paper mainly focuses on the position of the victims of crime in the whole criminal justice delivery system. [ABSTRACT FROM AUTHOR]

The Indian Judiciary, especially the Supreme Court, has on many occasions reaffirmed that the "right to life" enshrined in Article 21 means something more than animal existence and includes the right to live with dignity: it includes all aspects which make life meaningful and complete. The National Food Security Act was brought into force from July 3, 2013. It is an act to provide food and nutritional security using human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life of dignity and for matters connected therewith or incidental thereto. Food security is no less important than national security. It needs to be given top priority in the national planning. We cannot depend on other countries for maintaining security and mitigating food inflation. This paper takes a close look at the issue of food security. [ABSTRACT FROM AUTHOR]

Indian industrial boat has been on high-seas for the last six decades and the new millennium prompted to mechanize the boat. Native industrial knowledge realized the need for bracing with the modern enthusiasm and expectations, and the Indian governance and law assurance conceded liberty to revolutionize the industrial development for the welfare of the people, a majority being the morbid mass. Corporate misgovernance is sought to be eliminated and the new industrial law, chiefly the Indian Companies Act of 2013 provided for more stringent measures to check and prevent economic frauds, and also a new dimension to inculcate a sense of public spirit in industrial entrepreneurship through Corporate Social Responsibility (CSR). Pursuant to this goal, we have to define and redefine the concept of 'Corporate Social Responsibility' vis-à-vis sustainable industrial prosperity. To start with, not all companies are roped in this responsible concept but only companies having a net worth of ...500 cr or more, or a turnover of ...1,000 cr or more, or a net profit of ...5 cr or more should mandatorily spend 2% of their net profits per fiscal year on CSR activities. It is hoped that in future the base of industrial and corporate sector will be expanded to include the mandate of CSR, of course, consistent with good corporate governance. This paper intends to present a picturesque view of comparative scenario of CSR focusing good corporate governance. [ABSTRACT FROM AUTHOR]

The year 2022 is significant for international environmental law (IEL) and governance as it marks the 50th anniversary of United Nations Conference on the Human Environment in Stockholm, 40th anniversary of adoption of United Nations Convention on the Law Of the Sea (UNCLOS), 30th anniversary of Rio Declaration, and the adoption of UN Framework Convention on Climate Change and Convention on Biological Diversity. Despite these and numerous other international efforts, India is currently facing a number of environmental difficulties that distance us from meeting international commitments like Sustainable Development Goals (SDGs). Nonetheless, there is still a chance for us to overcome these problems through radical transformation. What was intended by the Indian Constitution is directly reflected in the country's environmental laws. India's constitutional system and international commitments both take into account the need for environmental preservation, protection, and sustainable resource usage. The study focuses on the legal provisions in this regard. [ABSTRACT FROM AUTHOR]

University vice chancellor (VC) appointments are plagued by recurring controversies. Whispers abound about political influence, questionable considerations, disregard for excellence, and ethical concerns, leading to terminations, post-tenure investigations, and allegations of disproportionate wealth. These issues raise red flags about the appointment process and the conduct of some individuals entrusted with such a crucial position. The VC plays a pivotal role in shaping the university's trajectory. As academic leader and administrative head, the VC bridges the gap between these two vital wings. Since India's independence, Commissions chaired by Sarvepalli Radhakrishnan, D S Kothari, T G Gnanam, and Ramlal Parikh have all emphasized the critical importance of this post for the overall development of any university. It noted, as per the norm, the VC should be an eminent academician, an excellent administrator, and also someone who has a high moral stature. The recent controversy surrounding VC appointments has opened a new chapter in the already strained relationship between the central government and states. The lack of transparency and fairness in VC appointments has fueled demands for reform. In several southern states, independent voices have urged political parties contesting assembly elections to include a promise of high-level investigations into appointment irregularities and broader higher education reforms in their manifestos. Given this context, this study delves into the legal and constitutional complexities surrounding VC appointments in Indian universities. [ABSTRACT FROM AUTHOR]

The last few decades have seen a growing recognition of women's rights as human rights and as an integral and indivisible part of universal human rights. In international law, the issue of women's rights is emerging as one of the main slogans and rapidly developing subfield of international human rights protection. The Constitution of India recognizes the rights of working women and ensures equal rights and opportunities. There are numerous provisions which not only ensure equality before law and prohibit any discrimination on the basis of gender, but also empower the state to make special provisions for working women. Many laws have also been enacted in accordance with these Constitutional provisions and international obligations for the protection and promotion of gender justice for women. The Indian judiciary also has been playing a significant role in upholding the equal status of women. During the last decade, the Indian judiciary has recognized gender-based discrimination in favor of women, i. e., protective discrimination, and upheld its constitutionality on the basis of their peculiar conditions--physical, mental and psychological--if it protects the interests of women. This paper seeks to examine the role played by the Indian judiciary in ensuring gender justice through protective discrimination. [ABSTRACT FROM AUTHOR]

Corporate Social Responsibility (CSR) can be described as the continuous commitment by corporations towards the economic and social development of communities in which they operate. CSR is a phenomenon which enunciates that companies need to act fairly and correctly beyond the traditional legal formalism. The crucial duty of big business has shifted to sharing social, economic, ethical and moral responsibility in the national discourse; as a result, their role has undergone a change, courtesy the emergence of corporate social responsibility. The traditional role of corporates, understood in terms of a commercial business paradigm, focusing purely on economic parameters of success, has taken a backseat. As corporates have been regarded as institutions that cater to the market demand by providing products and services, and have the onus for creating wealth andjobs, their market position has traditionally been a function of financial performance and profitability. However, over the past few years, as a consequence of rising globalization and pressing ecological issues, the perception of the role of corporates in the broader societal context within which it operates, has been altered. This trend has set in due to the efforts made at the global level brokered by OECD countries supported by United Nations Organization through a global pact. India has fine-tuned her laws, including corporate laws, to carve out a definite place for CSR in corporate governance as a harbinger of future India. Although CSR has been acknowledged the world over, yet gross violations of human rights, ecological degradation, unfair labor practices, exploitation of workforce, malnutrition, unhealthy conditions of work, etc. perpetrated by MNCs are prevalent everywhere, including India. Since India has opened up for global investment, trans-border trade, infrastructure development and corporate restructuring, it has occupied a central place in future international order This paper is an attempt to examine the impact of corporate social responsibility in the context of latest changes made in law and policy by India and measures for the effective legal control of CSR in India. [ABSTRACT FROM AUTHOR]