Panjab University MAGLAW is an annual publication for the students of the Department of Laws, Panjab University, Chandigarh since 2019. It is a peer reviewed Law journal. As the world evolves, so do the legal difficulties and challenges that we face. Aim of this journal is to provide a forum for legal experts and researchers to contribute their ideas and perspectives on current legal trends. It offers unique and nuanced perspectives on everything from criminal justice reform and intellectual property law, to environmental regulations and corporate governance. We want to encourage critical thinking, spark debate and conversation, and increase legal knowledge and understanding. MAGLAW is duly assessed and reviewed by a panel of experienced faculty members and is exclusively devoted to the publication of original research papers/articles/reviews/Case Comments of a very high standard. The editorial board ensures that the publication adheres to the quality standards and remains pertinent as circumstances change to maintain relevancy. MAGLAW journal is the perfect resource for exploring the fascinating and dynamic world of law. So join us on this journey, as we explore the intersections of law, society, and justice.
ARTIFICIAL INTELLIGENCE IN CRIMINAL JUSTICE ADMINISTRATION: THE USE OF MACHINE LEARNING FOR PREDICTIVE JUDICIAL ANALYSIS OF LEGAL DISPUTES
The burgeoning advent of Artificial Intelligence (hereinafter referred to as AI) has taken the world by storm. This paper explores the interplay between machine learning and the current landscape of criminal justice administration in India. The discussion begins with an introduction to the core principles and central features of machine learning methodologies. The author shall then explain the concept of predictive justice, in context of machine learning methodologies, such as supervised learning and natural language processing. The Indian judicial system has been plagued by several challenges. Therefore, this paper seeks to examine the extent to which the use of predictive justice algorithms can aid and assist judges and magistrates, thereby enhancing judicial efficiency and transparency. Finally, the paper delves into the challenges posed by the use of predictive justice algorithms, with respect to the process of judicial decision making. Further, the paper critically evaluates concerns pertaining to transparency, accountability and preservation of constitutional principles, stemming from a potential risk of automation bias in the outcomes proposed by the predictive models. The author shall conclude the discussion by suggesting that a comprehensive regulatory framework is necessary to address the skepticism around AI driven outcomes, and to facilitate the integration of predictive justice analytics into the domain of dispute adjudication in a seamless manner.
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AI-DRIVEN FACIAL RECOGNITION: HUMAN RIGHTS CONCERNS AND REGULATORY CHALLENGES
Facial Recognition Technology (FRT), powered by Artificial Intelligence (AI), has become a significant tool in law enforcement, public security, and digital identity verification. While it enhances efficiency and security, its widespread use raises serious concerns regarding privacy, mass surveillance, and algorithmic bias. In India, the absence of a comprehensive legal framework regulating FRT creates challenges in ensuring compliance with constitutional protections, particularly the right to privacy. This study examines the ethical and legal implications of FRT, focusing on issues of consent, data protection, and the risk of discrimination against marginalised communities. It also explores global regulatory approaches, including the General Data Protection Regulation (GDPR) and the Artificial Intelligence Act (AI Act) in the European Union, which categorise FRT as a high-risk technology requiring strict oversight. The research highlights the urgent need for India to establish a balanced regulatory framework that promotes innovation while safeguarding fundamental rights. Policy recommendations include legislative reforms, independent oversight mechanisms, algorithmic transparency, and ethical AI practices to mitigate risks. As AI-driven surveillance expands, ensuring accountability and fairness in deploying FRT is crucial for protecting democratic freedoms and individual liberties.
BETWEEN CODE AND CULPABILITY: DECIPHERING THE POSSIBILITY OF AI MENS REA FOR CRIMINAL LIABILITY THROUGH JURISTIC PERSONHOOD FOR AI
ABSTRACT The rapid evolution of Artificial Intelligence (hereafter AI) challenges traditional legal frameworks, including existing criminal law frameworks of attributing liability. While actus reus in AI-driven offences can be identified, determining mens rea remains complex due to AI’s autonomous decision-making and the Black Box Problem. Against this backdrop, this paper examines whether AI can be granted juristic personhood, thereby attributing mens rea directly to it, and explores the feasibility of a strict liability regime to bypass the mens rea requirement in AI-driven offences. Drawing from existing jurisprudence, the study argues that recognising AI as a juristic person is not legally untenable, and thus, it is possible to attribute mens rea to AI if the constitutive elements of its different forms are present, a possibility that cannot be ignored vis-à-vis the hypothetical “Strong AI”, thus also allowing criminal liability to be directly applied to AI entities themselves. Keywords: Strong AI, mens rea, actus reus, criminal liability, black box problem,
AI IN EMBRYO SELECTION IN INDIA: BALANCING PRIVACY AND PRODUCTIVITY
Embryo selection in in-vitro fertilization (IVF) involves assessing the characteristics of fertilized embryos to identify the most viable ones for transfer (in the human body) or cryopreservation which means freezing for further research. Recently, artificial intelligence (AI) has been increasingly integrated into this process to enhance accuracy and automate decision-making. However, the application of AI in embryo selection raises significant ethical and legal concerns, particularly regarding the potential misuse of sensitive genetic information. This research paper examines the risks associated with AI-driven embryo selection, focusing on the threat it poses to the privacy of the genetic information individuals undergoing IVF. The study highlights the essential features required by the legal mechanisms which are to be specifically designed in order to regulate AI systems and studies the newer legal mechanisms in the United States, European Union and India including the General Data protection Regulation, Digital Data protection Act etc. which have been passed with the aim of safeguarding of individual privacy. It further analyses the relevant parts of these laws while also focusing on the loopholes to identify the key elements required in order for these laws to be successful in India in achieving their aims. By emphasizing on the Indian perspective to this issue, this research highlights the importance of addressing these statutory and regulatory challenges in to prevent misuse and protect the confidentiality of patients undergoing AI driven IVF in India. The findings emphasize the critical role of regulations in mitigating risks while fostering innovation in reproductive technologies.
THE DUAL-EDGED SWORD: AI'S INFLUENCE ON CONSUMER BEHAVIOR AND CYBERCRIME IN DIGITAL INDIA
Artificial Intelligence (AI) significantly influences consumer behavior by shaping decision-making processes and fostering irrational consumption patterns. This paper examines how AI interacts with various consumer behavior models, including the Nicosia model and the Theory of Buyer Behavior, to alter purchasing habits. AI's ability to personalize experiences and predict preferences enhances consumer engagement but also raises concerns regarding cognitive manipulation and privacy infringement. Children, in particular, are susceptible to AI-driven interactions, as they lack the capacity to assess the implications of automated responses. Similarly, AI-driven recommendations in financial services can lead to impulsive purchasing and increased expenditure. The banking sector serves as a prominent example of AI’s integration, where automated systems streamline transactions, enhance customer satisfaction, and drive revenue. However, such advancements also encourage excessive spending and dependency on AI-driven financial insights. Furthermore, the implementation of limited-memory AI in routine tasks, such as automated retail services and customer support, illustrates the shift from labor-intensive to capital-intensive industries, consequently impacting employment trends. While AI improves operational efficiency and consumer convenience, its broader implications necessitate careful consideration of ethical concerns, security risks, and economic consequences. The study highlights both the advantages and challenges posed by AI, emphasizing the need for regulatory oversight and strategic implementation to balance technological advancements with consumer well-being. AI's role in consumer decision-making underscores the necessity for responsible innovation, ensuring that automation enhances rather than exploits consumer behavior. Keywords: Artificial Intelligence, Consumer Behavior, Irrational Behavior, Privacy, Banking
THE NEW FRONTIER OF DATA PROTECTION: UNDERSTANDING INDIA’S DPDP RULES AND GLOBAL COMPLIANCE
The new Draft Digital Personal Data Protection Rules, 2025 mark a transformative step in India’s data privacy landscape, implementing the Digital Personal Data Protection Act, 2023. This paper examines the core provisions of these rules, including consent management, data breach reporting, cross-border data transfers, and personal information safeguards, highlighting their significance in the digital economy. Through a comparative analysis of international frameworks such as the GDPR and CCPA, this paper highlights both similarities and differences that influence India’s strategy for global data protection compliance. It further explores the challenges in implementing these rules, including issues related to regulatory enforcement, and stakeholder preparedness. The paper concludes by proposing potential solutions to ensure effective compliance and operational efficiency, positioning the DPDP Rules as a critical step in aligning India’s data privacy regulations with international standards.
The Basic Structure Doctrine: A Comprehensive Case Law Analysis
The basic structure doctrine, a cornerstone of Indian constitutional law, was established by the Supreme Court's landmark 1973 ruling in the Kesavananda Bharati v. State of Kerala case. This doctrine acts as a protective mechanism, preventing Parliament from amending the Constitution's fundamental elements, including the protection of fundamental rights and the preservation of national sovereignty and integrity. This research paper explores the origins, significance, and impact of the basic structure doctrine on India's legal and political landscape. Furthermore, it analyzes the doctrine's role in balancing legislative authority with judicial oversight, ensuring the Constitution's enduring stability.
THE SCOPE AND CONTENT OF THE POWER CONFERRED ON THE GOVERNOR OF THE STATE UNDER ARTICLE 161 OF THE CONSTITUTION
The case notes overview the incident that took place on 5th September 1960. In India, the trial of K.M. Nanavati, a naval officer contemplating an allegation of murder, is a fundamental legal analysis of the equilibrium between executive clemency and judicial authority. The case raised important concerns about the extent of the governor's authority under Article 161 and how it intersects with the power that the courts have been granted under Article 142. This case was dealt with by a Constitutional Bench wherein JusticeKapur's opposition raises questions regarding the potential overreach of executive power, but the majority's stance delivers an equitable approach to adhering to constitutional values and the rule of law. The significance of this case lies in the way it defines the limits of executive clemency with respect to judicial monitoring, thus strengthening the concept of the separation of powers. The case note's analysis focuses on the historical background, legislative intent, and fundamental constitutional concepts that inform how Articles 161 and 142 are interpreted.
AN EXAMINATION OF THE PROBLEM OF BIOPIRACY: THROUGH THE LENS OF THE NEEM CONTROVERSY CASE
An fascinating case study in the subject of bio piracy is the controversy that has surrounded Neem. The complex relationships that exist between traditional knowledge, intellectual property rights, and commercial interests on a global scale are brought to light by this publication. The purpose of this abstract is to present a comprehensive outline of the analysis that was carried out on the controversies surrounding Neem. This will be accomplished by delving into the historical, legal, and ethical issues that are associated with the exploitation of traditional knowledge linked with Neem in the pharmaceutical and agricultural sectors. Within the context of an era of growing biotechnological innovation, the objective of this research is to give insights into the challenges that are associated with the preservation of indigenous knowledge. Obtaining this goal will be attained by conducting a comprehensive investigation into the case in order to unravel the complexities of bio piracy. The controversy surrounding neem serves as a striking illustration that prompts contemplation on the necessity of equitable frameworks that strike a balance between the interests of a large number of stakeholders, thereby supporting an approach that is both sustainable and fair in terms of the utilisation of natural resources and traditional knowledge. KEYWORDS - Biopiracy, the controversy around neem, traditional knowledge, biodiversity.
NAVIGATING PREDATORY PRICING IN THE MCX V. NSE CASE: A COMPREHENSIVE CASE COMMENT
ABSTRACT: This paper examines the contrasting approaches to predatory pricing between the United States and the European Union and applies these principles to the MCX Stock Exchange Limited Vs. National Stock Exchange of India Limited case. In the United States, predatory pricing cases are rarely successful due to the high standard of proving recoupment. In contrast, the European Union allows for a lower threshold, deeming prices below average variable costs abusive without requiring proof of recoupment. The case of MCX v. NSE highlights significant resource disparities, with the National Stock Exchange's (NSE) zero pricing policy in the Currency Derivatives segment challenging the sustainability of MCX-SX. The Competition Commission of India (CCI) found NSE's selective fee waivers and resource allocation indicative of anti-competitive intent. However, the minority opinion disagreed, arguing the absence of predatory intent and noting that competitors, including USE, have thrived despite NSE's zero pricing. The dissent emphasizes the non-adversarial nature of the Competition Act, focusing on market conditions rather than individual complaints. It highlights that National Stock Exchange's market share decline, despite zero pricing, indicates a competitive market. Additionally, the dissent argues that zero pricing benefits consumers and that forcing NSE to charge could lead to higher prices across competitors, harming consumer interests. The paper concludes that NSE's pricing strategy does not violate the Competition Act, as it has not deterred competition or harmed consumer welfare. The case underscores the complexity of distinguishing between aggressive competition and predatory practices, emphasizing the need for a nuanced analysis that considers market dynamics and consumer impact.
UNVEILING JUSTICE: EXAMINING THE RUCHIKA GIRHOTRA CASE AND THE PERSISTENCE OF INSTITUTIONAL FAILURES IN ADDRESSING SEXUAL ABUSE IN INDIA
This article explores the case of Ruchika Girhotra in great detail, highlighting the sad instances of institutional neglect about sexual abuse in India. Inspector General of Police Shambu Pratap Singh Rathore sexually assaulted 14-year-old Ruchika in Haryana back in 1990, leaving her severely emotionally and psychologically traumatized. Ruchika bravely sought justice, but the Indian legal system's pervasive corruption, intimidation methods, and lack of accountability marred the case. This paper conducts a thorough analysis of the case's many facets, illuminating the prevailing attitudes in society towards victims of sexual abuse, the widespread influence of power dynamics, and the shortcomings of law enforcement in defending the rights of women and children. By carefully analyzing the structural flaws that allowed Rathore to escape justice for almost two decades, this research highlights the urgent need for significant reforms in India's legal and social structures to properly deal with sexual assault and systematic abuse of power. It highlights how important it is to empower victims, strengthen security measures, and foster a feeling of accountability to stop atrocities of this nature. The Ruchika Girhotra case serves as a sobering reminder of the continued difficulties in preventing the most vulnerable people in our society from being abused and preyed upon.
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CONTEMPORARY TRENDS IN COMPARATIVE CONSITUTIONAL LAW: DELIBERATING THE ISSUES AND CHALENGES
The most recent Manipur occurrence highlights the question of whether the rights guaranteed by the constitution—which encompass equality and individual liberty etc—are only written on paper? does the marginalized population not have the freedom to move about without worrying about harassment? Although nature has made each of us physically unique, but does this mean that our differences should be present when it comes to exercising our rights or leading a free life? The answer is no. Our differences, whether they be cultural, social, or gender-based, should not exist. For this reason, we should remember the principles of equality and liberty when we draft the Constitution, who’s Preamble itself mentions justice, equality, and the integrity of the individual. However, the curse of discrimination based on gender, religion, or other factors has been present in the nation since ancient times. This concept, which ultimately affects people's progress—be it social, economic, or otherwise—has been attempted to be addressed by the judiciary and parliament on multiple occasions yet the problem of marginalisation still exist in country. This paper attempts to address the grey areas in legislation, the judiciary, and society that allow this curse to persist through a thorough and comparative analysis. The study attempted to provide a remedy or recommendation to remove this evil of marginalisation on basis of gender, religion and caste from society by a comparative examination of the marginalization situation in India, so achieving the goal set forth by the framers of the Constitution—a nation characterized by equality and peace where the individual irrespective from any gender ,caste ,religion could live life with liberty, equality and freedom.
APPOINTMENT OF GUARDIAN FOR A PERSON IN A COMATOSE OR VEGETATIVE STATE: A LEGAL OVERVIEW VIS-À-VIS POSITION IN INDIA
Despite plethora of legislation pertaining to the rights of specially-abled persons, healthcare and even mental health, no umbrella legislation provides for the rights of persons who are in a comatose condition or vegetative state. A person who skids into a comatose condition or vegetative state loses consciousness, reasoning, judgment and the ability to exercise legal rights over his assets. When it comes to appointing a guardian to ensure the well-being of these people and the beneficial utilization of their assets, no specific mechanism exists. The part of this paper trailing the introduction highlights the hiatuses in law regarding appointment of a guardian for a person lying in a comatose or vegetative state. Following which the authors present an overview of the Parens Patriae jurisdiction, its applicability in the Indian context which is subsequently followed by various High Court judgments wherein, by implicitly or explicitly invoking the parens patriae doctrine, the constitutional courts have culled out a legal framework for appointment of a guardian for persons lying in a comatose or vegetative state. Towards the Conclusion the authors highlight the importance and need of having a legislation squarely covering persons lying in a comatose or vegetative state.
INHERITANCE RIGHTS OF ILLEGITIMATE CHILDREN IN INDIA: A CRITICAL ANALYSIS OF REVANASIDDAPPA V. MALLIKARJUN JUDGMENT
The case of Revanasiddappa and Another v. Mallikarjun and Others[1] involves the interpretation of Section 16 of the Hindu Marriage Act 1955[2] and its impact on the property rights of children born from ‘void or voidable’ marriages. The court examines the legislative intent, previous decisions, and the constitutional validity of the provisions. It also considers the amendments made in 1976 and 2005 to the Hindu Marriage Act (HMA) and the Hindu Succession Act[3] (HSA). The case discusses the status of children born of a void marriage and disputes over the entitlement of illegitimate children to a share in coparcenary property. The court analyzes the language used in Section 16(3) of the Act and concludes that it recognizes rights to or in the property only of the parents. The case also mentions the order of succession in the absence of heirs and the concept of coparcenary. The court's decision also clarified the property rights of children born from a void or voidable marriage, distinguishing between ancestral coparcenary property and self-acquired properties. The Hon'ble Court also discussed the joint Hindu family property system under the Mitakshara Law by seeing it through the lens of amended sections of HMA 1955 and HSA 1956. Keywords: Hindu Marriage Act, Hindu Succession Act, Mitakshara Law, Hindu Family System [1] Id. [2] Act No. 25 of 1955 [3] Act No. 30 of 1956
PATENTABILITY OF GENETIC ENGINEERING: SCOPE IN INDIA
Genetic engineering is a quickly developing area of innovation that can possibly reform the manner in which we live, work, and connect with our general surroundings. At the heart of this field lies the ability to manipulate the genetic code of living organisms, allowing us to create new and improved products, medicines, and crops. The patentability of genetic engineering has been a topic of significant interest in the legal community. In India, the patentability of genetic engineering has been a topic of debate for several years. This research paper provides an overview of the patentability of genetic engineering in India and explores the scope of this field in the country. The paper begins with an introduction to genetic engineering and what all genes or parts of genes can be patented. It then discusses the scope of genetic engineering in India following to this the legal framework for patentability in India further with regards to TRIPS agreement and the criticism of TRIPS agreement for the patentability of genetic engineering. The paper then discusses about Protection of Plant Varieties and Farmers' Rights Act and it’s relation with Patent Act 1970 and TRIPS agreement and following this includes the relevant statutes and landmark case laws. Finally, the paper explores the scope of genetic engineering in India, including its potential benefits and challenges.
HARMONIZING CROSS-BORDER INSOLVENCY LAWS: RESOLVING THE COMPLEX WEB OF ISSUES AND CHALLENGES
Cross-border insolvency, an increasingly prevalent phenomenon in today's globalized economy, presents a multifaceted web of issues and challenges that demand meticulous examination and resolution. The article endeavors to delve into the intricacies of cross-border insolvency, scrutinizing the dilemmas faced by various stakeholders and advocating for a cohesive framework to harmonize international insolvency laws. In an era where businesses seamlessly traverse national boundaries, the complexity of cross-border insolvency is undeniable. This paper embarks on a journey through the labyrinthine world of international insolvency cases, guided by empirical case studies, jurisprudential insights, and recent developments in the field. It offers a holistic perspective on the subject, dissecting the concerns of creditors, debtors, and courts, and highlights the imperative need for a globally unified and efficacious cross-border insolvency regime. The heart of the matter lies in the starkly contrasting interests of stakeholders involved in cross-border insolvency proceedings. Creditors seek to maximize their recovery, debtors aim for a fresh start, and courts endeavor to balance these conflicting objectives while navigating intricate legal landscapes. This article takes stock of these divergent concerns, examining how jurisdictional disputes, conflicting laws, and enforcement challenges often impede the efficient resolution of international insolvency cases. Furthermore, the paper explores the role of international organizations and treaties in facilitating cooperation among nations, emphasizing the importance of harmonizing legal frameworks across borders. It delves into the existing mechanisms, such as the UNCITRAL Model Law on Cross-Border Insolvency, and evaluates their effectiveness in promoting cross-border insolvency resolution. The article also contemplates the potential impact of emerging trends, such as the rise of blockchain technology and its implications for cross-border insolvency proceedings. In conclusion, this article contributes to the ongoing dialogue on cross-border insolvency by shedding light on the myriad challenges faced by stakeholders and advocating for a harmonized global approach. It underscores the need for legal convergence and cooperation in addressing cross-border insolvency issues, ultimately striving for a more efficient, equitable, and predictable resolution of international insolvency cases. This exploration of the complex web of cross-border insolvency issues aims to guide future research and policy initiatives in this critical area, providing valuable insights for legal practitioners, scholars, and policymakers alike. Keywords: Cross-border insolvency, International insolvency laws, Creditors' rights, Debtor protection, Judicial cooperation
ROLE OF CENTRAL CONSUMER PROTECTION AUTHORITY: AN ANALYSIS UNDER CONSUMER PROTECTION ACT, 2019
Under the Consumer Protection Act, 2019 (COPRA 2019) in India, the Central Consumer Protection Authority (CCPA) is essential in defending consumers' rights and ensuring fair business practices. The CCPA is an essential component of COPRA 2019, reaffirming India's dedication to consumer protection. The CCPA's several functions allow it to protect consumer rights while also promoting a market that is honest and accountable.The CCPA's legal guidelines and authority are examined in the paper, along with the agency's obligations to bring class action lawsuits, carry out investigations, and punish bad actors in the corporate world. It also examines the CCPA's function in fostering consumer awareness through educational efforts and consumer organization capacity-building programmes.The CCPA also has a significant impact on consumer awareness and education. In order to inform customers of their rights and obligations, it runs campaigns and initiatives. The effects of these initiatives on consumer behaviour and protection are evaluated, highlighting the value of a customer base that is well-informed.The report closes with recommendations to strengthen the CCPA's enforcement capabilities and assure greater consumer protection in the future. This paper offers a thorough analysis of the CCPA's function in protecting consumer rights, policing business practises, and promoting an honest and open market.
HOLISTIC ANALYSIS OF ‘ENVIRONMENTAL ISSUES’ FROM CRIMINAL LAW, LAW OF TORT AND CONSTITUTIONAL LAW PERSPECTIVE
The concerns of ‘Environmental Issues’ has been in existence since the evolution of mankind. The ‘Anthropocentric’ approach has evolved with the passage of time into that of a ‘citizen-centric’ and ‘eco-centric’ approach, where a harmonious construction of balancing the divergent views of ‘economic development’ and ‘environmental conservation’ has to be seen in a holistic manner. Looking from the prism of Legal Environmental Jurisprudence involves quintessential checks and balances as the extant provisions are tested on the touchstone of Constitution of India and providing primacy to the ‘public interest’ and ‘public welfare’, which are construed to be paramount importance. The instant paper is to analyse the varied facets of environmental law from the perspective of inter alia Criminal Law, Law of Tort and Constitutional Law. The analyse is based on catena of cases surfacing before the Hon’ble Courts of Law in the country, basing the reliance on the ratio decidendi in the form of Judicial Precedents, which has helped to understand the interpretation of law with the passage of time. Pertinently, the instant paper tries to address the judicial remedies available to common man to seek remedy, basing on the extant provisions in Code of Criminal Procedure 1973, Law of Tort in civil cases, Statutory provisions in Acts or via ‘Writ Petitions’ as per Constitutional Law as may be warranted based on facts and circumstances in the cases involved.
A STUDY OF CORPORATE GOVERNANCE VIS-A VIS SHAREHOLDER AGREEMENT
This research delves into the intricate dynamics of shareholder activism within the context of corporate governance in India. Through an extensive analysis of case studies and legal precedents, the study examines the multifaceted impact of shareholder activism on company operations, governance standards, and stakeholder rights. The investigation reveals a nuanced understanding of the advantages and disadvantages associated with shareholder activism. While activism can potentially enhance operational efficiency, promote corporate governance, and encourage socially responsible investing, it also poses challenges such as impeding long-term growth, disrupting decision-making processes, and fostering internal conflicts within companies. Furthermore, the study explores Indian institutional activism case studies, including acquisitions, related party transactions, and mergers, to illustrate the tangible effects of shareholder activism on corporate decisions and outcomes. By incorporating case law examples, such as the Vodafone tax case, the Reebok India scam, and the Kingfisher case, the research underscores the legal and regulatory dimensions shaping shareholder activism in India. In conclusion, the study advocates for constructive engagement between shareholders and companies, emphasizing the importance of dialogue and collaboration to foster sustainable business development. By aligning activism with the interests of all stakeholders and promoting transparency and accountability, shareholder activism can catalyze positive change within corporate governance frameworks and contribute to long-term business success.
Shareholder, governance, corporate, activism, practice
LIABILITY AND NEGLIGENCE: ANALYSING THE 2006 MEERUT FIRE TRAGEDY
A vibrant exhibition turned into a catastrophic event, claiming more than 60 lives at Meerut in 2006, owing to the state officials' and organisers' utter negligence and dereliction of statutory duties. After more than a decade, the Hon’ble Supreme Court brought the culprits to book recently in the Sanjay Singh case, being a significant precedent in the Law of tort specifically. This piece brings back attention to the oft-neglected arena of the law of Tort and comprehensively analyses and explores the issues surrounding the tragedy (dividing them primarily into questions of liability apportionment and compensation). The case brings out the interplay between the foremost right to life and the tort of negligence by the concerned authorities. Relying on important judicial precedents where required, the piece delves into several important aspects of constitutional tort cases, both procedural and substantial, arising out of a serious violation of the right to life of innocent visitors, including the extent and vicarious liability of the state, application of res ipsa loquitor and more. It highlights the lax implementation of fire safety laws in the country, reinstating the importance of their adherence. It discusses the need for specific laws for directly fixing liabilities on the state for breach of duty of its officers and occupiers of premises. The case will continue to serve as a reminder for adherence to safety rules and the need to adopt a comprehensive approach which involves all stakeholders to ensure public safety.
THE IMPACT OF JUDICIAL HIERARCHY ON THE SPEEDY TRIALS WITH RESPECT TO COMMON AND ENGLISH LAW
This paper majorly talks about the Indian Judiciary corelating it to the English law and how the hierarchical nature of our judiciary has impacted the undue delay in the decision making of certain cases. According to Article 21 of the Indian constitution, it is the right of every citizen to demand a speedy trial irrespective of, from where do they belong. Also, Section 483 of the Code of Criminal Procedure states that high court has to continuously maintain its superintendence over Judicial Magistrates to review whether they are delivery each judgement without any unnecessary delay. Similarly, in the light of these topics, the paper discusses the dire need of speedy trials and how it is treated in the courts of India.
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CRITICAL ANALYSIS OF THE BHARATIYA NYAYA SANHITA BILL 2023 WITH SPECIAL REGARD TO LAWS CONCERNING RAPE AND UNNATURAL OFFENCES
This paper discusses anomalies in the New Bharatiya Nyaya Sanhita Bill 2023. The Bill proposed in the Lok Sabha eyes to substitute the old Indian Penal Code, 1860. The authors have critically analysed the new Bill by using Doctrinal Research methodology. The Author(s) have gone through various existing literature including statutes, case laws and recent incidents in order to justify the claims and reach to the conclusion. This paper aims to point out the irregularities/ legal problems in the Bharatiya Nyaya Sanhita Bill 2023 by comparing and contrasting the old and new legislation along with International laws. The paper further discusses the consequences of removing certain old provisions in the new Bill respectively. Ultimately, the Author(s) puts forth the conclusion and winds up the paper with suggestions aiming for a better legislation in place. These suggestions by the authors were the result of a comprehensive study of various national and international instruments with keeping in view the socio-legal aspects of the Indian subcontinent.
Doctrinal, Legislation, Literature, Anomalies, Irregularities
The Mediation Bill, introduced in the Rajya Sabha on December 10, 2021, aims to tackle India's judicial backlog by promoting mediation as an alternative dispute resolution method. This article critically evaluates crucial aspects of the Bill, concentrating on sections that necessitate improvement. It scrutinizes the Bill's extent, obligatory pre-litigation mediation, alignment with global mediation conventions, party autonomy, and more. The article underscores the necessity for precise definitions, suitable jurisdiction, and harmonizing the Bill with worldwide benchmarks. It emphasizes that although the Bill marks a significant stride, thoughtful revisions are indispensable for ensuring effective execution and easing the load on the judiciary. Key Words Mediation Bill 2021, pre-litigation Mediation, Mediation Council of India, Mediation Settlement Agreement, mandatory Mediation, Mediation and conciliation, Singapore Convention on Mediation.
INDIAN CONSTITUTION AND MARGINALIZED COMMUNITIES: A CASE STUDY OF AFFIRMATIVE ACTION IN INDIA
In November, 2022 the Constitutional Bench of the Indian Supreme Court upheld the constitutional validity of the 103rd Constitutional (Amendment) Act, 2019 by a thin majority of 3:2. The majority opined that the 103rd Constitutional Amendment Act which provided for reservation in jobs and admission in educational institutions to the Economically Weaker Sections of the society other than those belonging to Scheduled Caste, Scheduled Tribes and Other Backward Classes is constitutionally valid. The majority further ruled that the amendment is in accordance with the basic structure doctrine. Furthermore, in exceptional circumstances the reservation can go beyond 50% and there is no cap in regard to the same. It is pertinent to note that in India, there are few issues that arouse as much passion as those around reservations. In addition to judicial independence and land redistribution, reservation policies have seen the most conflicts between legislators and courts. These arguments might swing between two extremes. They either invoke impersonal ideals that disguise the fact that reservations are specific policies that have changed the public sphere or they concentrate on the details without considering the bigger picture of the constitution. As a result, a study upon this subject becomes very important.
UNVEILING MARGINALIZATION: ANALYZING INDIA'S THIRD GENDER IN LIGHT OF THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019
Transgender groups are given the status of third gender in India. The transgender community frames an indigenous community with a magnificent and dynamic culture and history. However, it is regrettable that under the supreme impact of heteronormative society, the democratic insertion and adaption could never take place. Activist have challenged these exclusion and neglect the third gender, these has given rise to a new aspect in the Indian democratic upholding. This article aims to evaluate the status of the third gender in every aspect of the society in India, it aims to evaluate it in terms of the authenticity of an indigenous social movement and the areas that differentiates it from other social movements. The third gender population of India is approximately 5-7 lakhs. Transgender community consist of Kinnar, Hijras, Kothis, Aravanis, Jogappas, Shiv-shaktis etc., they have been part of Indian culture and society for centuries. On the ground of them being different from the main stream population sexual minorities have been suppressed in our society. The term transgender is usually used as an umbrella term to mark people who refuses stringent, binary gender constructions and who voice a breakthrough of stereotypical gender roles. The rights of third gender, their health, livelihood and living conditions do not find place in mainstream media and top agendas of the Government and human rights movements. Therefore, this article aims to transfer the issue of the discussion of social justice, from distribution to a formal recognition, particularly with references to the injustice related with the sexuality and gender. All these the authors look as socio-cultural and are observed to be entrenched in social yardstick of delineation, interpretation and communication.
LIVE STREAMING OF COURT PROCEEDINGS: ANALYSING CHECKS AND BALANCES IN THE ERA OF DIGITALISATION
Indian democracy rests on pillars of transparency, equity and justice for all. Moreover, Right to Information is a fundamental right under Article 19 (1) of the Indian Constitution. When looked at from this perspective, broadcasting or live streaming court proceedings seems like a step in the right direction. On the face of it, it ensures transparency and provides greater access to a citizen who seeks to expand his knowledge and remain woke about the country’s judicial affairs, but the impact of live streaming isn’t always positive. It most certainly is not a bed of roses and comes with its fair share of criticisms and backdrops. The history of the subject matter in question dates back to 2018, when a petition was put forth before a three-judge bench to live stream cases of national importance. The petitioners in the case, cited the grounds of transparency and accessibility, which included senior advocate Indira Jaising. Following this, the then Attorney General of India, KK Venugopal introduced live streaming as a pilot project, only in Constitution Bench cases. Cases involving matrimonial disputes, matters involving juveniles, matters of national interest, rape cases, etc were excluded to protect the sanctity and sovereignty of the courts. Just like the two sides of a coin, live streaming comes with its own pros and cons. As long as the cons don’t outweigh the merits, it can be an effective tool to promote accessibility and awareness towards the functioning of the Judicial System. Just like any other provision, every right comes with responsibilities, and hence, it becomes crucial to put a system of checks and balances in place to regulate free speech and maintain court decorum. In this research paper, we aim to reflect on- The merits and demerits of live streaming of cases How it has become a source of entertainment by various streaming platforms The checks and balances that need to be put in place and, Free speech in contrast with breach of court decorum. Keywords: Live streaming, Judiciary, digital courts, digital growth, technology
RED LIGHT AREAS: A MATTER OF DELIGHT OR THE BRUSHED ASIDE PLIGHTS?
‘Prostitution’ and ‘Sex workers’ are nothing new to the society but the way society see the one engaged in such acts is something which is often ignored. Dating back to the historical period of Chanakya till tomorrow, this phenomenon has reserved its place in the society. Like it happens with every other socio-legal issue challenging the age-old ideology of the people, the ‘sex workers’ also face a lot of social stigmas as the society have divided opinions. For some it is an evil while for some it is merely a way of earning a livelihood. There arises a lot of questions like, why these socially stigmatized people just stop getting engaged in such acts? If they are doing it as per their will then what’s the problem? What about those who are forcibly engaged in such acts? What about the health and other benefits of this population? Are there any laws governing their act? Like this the series goes on and on. This article will attempt to answer these questions with some suggestion to work upon at this point of time. The primary objective of the article is to brief the reader about the current situation of prostitution and prostitutes in the country. Key words: red light areas, Gigolo, Prostitutes, ITPA, Constitution
UNDERSTANDING THE COMPLEX DYNAMICS OF GANG RAPE: CAUSES, IMPACT AND SOCIETAL RESPONSES
Abstract: Gang rape is a deeply distressing and multifaceted form of sexual violence that has grave consequences for survivors and society as a whole. This paper aims to comprehensively explore the intricate dynamics underlying gang rape, focusing on its causes, impact on survivors, and the varied responses of society. By delving into these dimensions, this research seeks to contribute to a more nuanced understanding of the phenomenon, thereby informing more effective prevention strategies and support systems. To uncover the causes of gang rape, this study conducts a comprehensive review of existing literature, encompassing psychological, sociocultural, and systemic factors. The findings suggest that gang rape often emerges from a complex interplay of gender inequality, power dynamics, social norms, and individual predispositions. Understanding these root causes is crucial for developing targeted prevention initiatives and interventions. The impact of gang rape on survivors is profound and multifaceted, encompassing physical, psychological, and social dimensions. This research examines the long-term psychological trauma, social isolation, and stigmatization that survivors frequently endure. By illuminating the wide-ranging consequences, the study underscores the urgent need for holistic support systems that address survivors' diverse needs. Societal responses to gang rape exhibit a wide spectrum, ranging from legal and judicial approaches to cultural and community-based initiatives. By analyzing case studies and global trends, this paper highlights the strengths and limitations of various response mechanisms. It also underscores the importance of fostering a comprehensive societal dialogue that challenges entrenched beliefs and biases, and promotes empathy and accountability.
STRENGTHS AND WEAKNESSES OF CUSTOMS AND TREATIES AS SOURCES OF INTERNATIONAL HUMANITARIAN LAW
This research article aims in critically analyzing the strengths and weaknesses of customs and treaties as a source of law in the field of International Humanitarian Law. It deals with the meaning, types brief history, strengths and weaknesses of having customs and treaties as a source of International Humanitarian Law along with some examples as to how International Law has been implemented. Based on the timeline so far, we can observe that certain customs and traditions by itself are not morally correct and must be avoided. In India itself, we have witnessed certain customs such as sati and so on, which later on has been abolished. Hence, there are evidences wherein custom fails to render justice. However, despite this, it is important to know that International Humanitarian Law has played a vital role in not only protecting civilians, but also possibly stopping World War III and using Nuclear weapons through diplomatic communications and treaties. Therefore, there are both pros and cons in taking customs and treaties as sources of International Humanitarian Law and we must appreciate its growth.
VIVEK NARAYAN SHARMA VS UNION OF INDIA (VALIDITY OF DEMONETIZATION)
The case notes overview the incident that took place on 08th November, 2016 i.e. Demonetization Case or Vivek Narayan Sharma vs Union of India. The case is important with regard to the validity of the decision and the hardships caused to the people due to the Stoppage of usage of Notes Rs 500 and Rs 1000. In this case, we have analyzed the important issues along with the judgment. We have analyzed this case from the perspective of People of India and the Hon’ble Supreme Court Judgement. The analysis of the argument on the word “any” in Section 26(2) of RBI Act, 1934 has been analyzed with respect to the various judgments and interpretation of various acts and statutes. The argument presented by the Defendant has been an important discussion in this regard. The motive of the decision is very important to be taken into account and the analyses of the court’s decision on the judgment has been analyzed. Additionally, the Fundamental Rights are an important part of the discussion as people have faced severe hardships and therefore it is a much important matter to be discussed in this case note.
Any, ordinance, impugned decision, denomination , Demonetization