The Law in Action – Judicial Activism in Achieving Gender Justice

Author: Mishika Bajpai, Advocate, Supreme Court of India and High Court of Delhi Abstract All women have a Right to Equality, Dignity and Respect. This right to equality is a human right and has been adopted and absorbed by various democratic constitutions across the world. However, when this right is denied to women it results in discrimination against them, which in turn necessitates women empowerment....

Juvenile delinquency in India: A critical analysis

Rupaly Middha & Shashwat Tomar1. ABSTRACT “Treat the Cause and Not the Symptom. Government of India needs to wake up to this idea when it comes to dealing with juvenile delinquents”. Juvenile delinquency problem has been in existence since time immemorial. It is an important feature of all societies, be it simple or complex. To solve this problem The Juvenile Justice (Care and Protection of...

Mediation: Restoring the imbalance of power in cases of Domestic Violence

Preethi Kavilikatta, Final Year Student of  Year LL.B, Symbiosis Law School, Pune Abstract In every case of domestic violence there are two over riding interests which should be guarded carefully- protecting the victim from further abuse and empowering the victim to take back control over her life[1]. Those opposed to Mediation, where domestic violence is present, argue that mediation legitimizes...

Competition Law – IPR Interface: Impact on Innovation

Author: Vishvendra Tomar1. Competition Law and IPR Interface debate is a longstanding one. While they share common goals of promoting efficiency there are sometimes issues in the ways of achieving it. The growing tension between this interface has impacted innovation, as its evident from some recent compulsory licensing cases, which triggered an all-round debate whether the competition agencies should...

Sedition laws in 21st century India

A SHOWPIECE OF COLONIAL HANGOVER? Jyotsna Gabriel & Kush Agarwal1. ‘AUTONOMY IS AS AUTONOMY DOES’ An analysis into the draconian law paving its journey all the way from the colonial era making such act punishable with imprisonment for life. Government today does not recognize the fact that sedition laws today are not feasible in the turbulent politics of the Republic of India, which is a strong,...

Triple Talaq: From Prescriptive Functionalism to Transformative Constitutionalism

   Author: Dr Nafees Ahmad* India is confronted with a situation that has acquired, unfortunately, political primacy in a gender equality discourse. The religion of Islam bestowed upon equal rights for men and women devoid of any distinction including right to divorce. The utopian union of the husband and wife is a perennial pre-requisite for conjugal covertures in all civilized societies. Invariably,...

The Surrogacy (Regulation) Bill, 2016: An Analysis

Pooja Kurian1. Abstract The Surrogacy (Regulation) Bill, 2016 is an attempt of the government to regulate the process of surrogacy in India. This bill contains several impactful measures which have been awaited for, since a considerable number of years. Though this bill intends to bring positive changes, it has not failed to become a quarry to the socio-legal hindrances prevalent in the society and...

The Rights, Reservations and Development of the SC’s & ST’s

Shruti Sharma1. Abstract On the 26th day of January, 1950, the people of India gave to themselves their Constitution which ensured to them Justice, Liberty, Equity and Fraternity. Under part III of the Indian Constitution, the fundamental rights became a necessary consequence of the declaration of the Preamble2focusing on upholding the dignity of life and the basics for which the human life stands. Since...

Dilemmas of Internet age: Privacy and other issues

Yash Midha & Vivek Kumar1. Internet Surveillance and Privacy Abstract The right to privacy has always been cardinal to democratic social group since its inception. In the time of disorder or turbulence, the urge to strengthen national security is often seen to trump right to privacy if individual. In the era of technical developments the inherent capacity for surveillance of the average citizen...

A Major Milestone for the Indian Economy: Competition Act, 2002

Maitri Tandon, Student of Law, Symbiosis Law School, Pune ABSTRACT This Project concerns in itself an indepth analysis of the Competition Act, 2002. It is a socio econmic analysis of the act with history of the act, examples, comparison with the MRTP Act and also the current results in the economy due to the introduction of the Competition Act in 2002. ANALYSIS After Independence the Indian Economic...

Role of due diligence in mergers and acquisition

Jayant Mudgal, Student of Law, Amity Law School – I Introduction Ever since the Indian Economy opened itself to the foreign market after the economic liberalization reforms of 1991, Mergers and Acquisitions have become a common phenomenon throughout India. In a highly competitive global environment, mergers and acquisitions have turned out to be one of the fastest strategic options for companies...

The Chemical Weapons Convention: A Human Rights Reading

Evangelia Linaki, Assistant Legal Officer, the Office of the Legal Adviser, Technical Secretariat of the Organisation for the Prohibition of Chemical Weapons (OPCW), Hague, Netherlands1. Abstract Doubts have been raised as to whether the multitude of legal instruments that exist in many fields of international law, such as disarmament and human rights, interact or contribute in some way to the promotion...

The “monte confurco” case (Seychelles v. France) prompt release

Jayant Mudgal, Student of Law, Amity Law School-I Facts1. Monte Confurco, was a fishing vessel, which had flag of state of Seychelles, and was registered by a Seychellian company in 2000. It had license to engage in fishing in international waters. On August 27, 2000 it left Port Loius in Mauritius, for fishing in the Southern Seas. It had a Spanish national as the ships master. While fishing, the...

Welfare and care of Senior citizens: A pious obligation

Author: Prof. Dilip P. Deshmukh1. Our seniors are our responsibility. Intergenerational equity is a principle of natural justice. A generation which neglects its elders and aged commits crime and shall be mate with same fate in their elder years. Ageing is a natural process, which inevitably occurs in human life cycle. It brings with a host of challenges in the life of the elderly, which are mostly...

Gandhian thoughts on women empowerment

Prof. Dilip P. Deshmukh1. With the entry of women being allowed in the inner sanctum of Shani Madir at Singnapur and in Mahalaxmi temple Kolhapur. Once again gender bias and women empowerment has because burning issue in the country, at such opportune moment it would be right and necessary to know the views of father of nation Mahatma Gandhi about status of women. Mahatma Gandhi’s vision of Swaraj...

Critical Analysis of Special and Differential Treatment under the Antidumping Agreement

Pragati BhaskarYerlekar, Ph.D Research Scholar, RTM Nagpur University Abstract Today the developing countries are the major players in the world trade. However, in the phase of gradual reduction of trade barriers and liberalisation of trade, the developing countries faced difficulties to face the challenges of the new trade regime. They became vulnerable to the problems of the new multilateral trading...

False confessions: a nocuous thorn in the pathway of justice

MeghnaKhetrapal, 3rd Year Student of Law, National Law Institute University,Bhopal Introduction “Confession includes a statement made by a person suspected or charged with a crime, that he (or she) did, in fact, commit that crime.” – Duhaimes Criminal LawDictionary Owing to the fallibility if semi synthetic macrocosms, the tentative insight that constabulary might incur a delusive admission...

The impact of globalization on the legal profession in India

Legal Profession in India
Abhay Mahajan, 5th Year student of Amity Law School, affiliated to GGSIPU, Delhi ABSTRACT Cross-border transactions in India are of recent vintage as they began in right earnest only since its economy was opened up in 1991. While the initial thrust was by way of inbound acquisitions by foreign companies, the later period witnessed frenetic activity by Indian companies engaging in outbound acquisitions....

Fundamental rights and frequencies: Right to broadcast

Sport fixing Betting scam in cricket
Chintan Nirala, 4th Year, B.A., LL.B(HONS.), Faculty of Law, Allahabad University Frequencies or Signals are an indispensable requirement for Communication, Media, Entertainment, or Technology. In other words, it is sine qua non for CMET. They may be unsuccessful in serving their purpose without the involvement of frequencies. It is the part of technology through which Entertainment, Media or Communication...

Legal aid, myth or reality for the Indian legal system

Rashi Gupta, 5thYear Student of Law, Amity Law School, Guru Gobind Singh Indraprastha University (GGSIPU), Delhi “To no man will we deny justice, to no man will we delay justice or right1.” Abstract The main aim of any rational society would be to deliver justice and equity to each and every individual who comprises to be the part of that society. Legal aid is internationally recognized as a...