VOLUME 2: ISSUE 1
VEILED LEGALISATION OF HUMAN TRAFFICKING IN INDIA IN THE 21ST CENTURY
By
Nilanjana Sarkar
Abstract: Human trafficking is one of the worst forms of modern slavery, and unfortunately, also one of the most common. With the advent of the 21st century, this problem has seen a rise in many parts of India and all around the world. Laws have been legislated to tackle the problem of trafficking and yet, at some point, we have failed to detect the silent but terrifying reasons behind the problem. Sometimes, certain loopholes in the laws passed by the Parliament are exactly what give a green signal to the criminals. These loopholes do exactly what they are not supposed to do – legalise human trafficking. In my paper, I have tried to understand the true depth of these loopholes and how far can they stimulate the commission of the offence. Certain reports, websites and books, amongst others, have been imperative to my research as they have assisted me in throwing some light on how our laws have subconsciously allowed this veiled legalisation of human trafficking to play out in India.
CONSUMER PROTECTION ACT, 2019: A BENEFIT
By
Harshada Sunil Gupta
Abstract: Once Gandhiji said, “The customer is the most important visitor on our premises. He is not dependant on us. We are dependant on him. He is not an interruption on our work. He is the purpose of it. He is not an outsider in our business. He is a part of it. We are not doing him a favour by serving him. He is doing us a favour by giving us an opportunity to do so.” But today, what we see is the total opposite of this. The Consumer Protection Act, 1986 with consumer councils and three-tier redressal mechanism at the national, state and district level provides for speedy redressal of grievances faced by the consumer. The modern days’ dilemma of e-commerce, online shopping, teleshopping, fake ads, unsafe contracts, unfair contracts, product recall, online transactions, defect in online products, deficiency in online services, etc., was not covered under this Act. This unclear law without providing solutions to these various loopholes resulted in the filing of numerous consumer complaints in consumer forum. In this scenario, the 1986 Act became ambiguous. To fill this ambiguity, the ministry released the new act. The Consumer Protection Act, 2019 is a turning point for every Indian consumer. In this generation of digitisation, the new act is drafted keeping in mind the needs of the consumer and aims to bring the growth in the country’s economy. The scope of this new act is broadened. This act protects the consumer from all the traditional & online sellers. Certain limitations on the consumer and exceptions for the manufacturer/sellers/service providers are also conferred under this new act.
EVOLUTION OF LAWS RELATING TO CORPORATE WORLD AND COMPARISON ON GLOBAL LEVEL
By
Jashanpreet Kaur
Abstract: The research paper discusses the origin of the business from ancient Greek and how it developed to the business run by East India Company and then later how the commissions were formed to regulate the unfair practices done by the huge industrialists. The paper then further discusses about the “Monopolies Restrictive Trade Practices Act” emerged post-independence with the formation and consultation form many different committees, and the dominant ones being the ‘Hazari committee’. Also, the important elements of the Act are discussed and furthermore the reason why the Act was abundant with examples is conferred in the paper. Then the metamorphosis from the MRTP Act to Competition Law of 2002 is discussed with special emphasis on the major amendments made in 2007 with a recent case law explained critically. Addition to it is made by discussing important element of the new act. Critical comparison is also done of India with major giant business hubs like USA, UK, and Canada. The reason for the same being that firstly they were the major countries from where businesses as well as business laws were started and secondly in the current scenario, they are again one of the biggest sources of economy to the world. This makes it important to discuss or compare India with its counterparts. At last, the believes of author is given which she thought could further improve the laws relating to corporate legal system or the areas where the legal system of India still lacks and need improvement.
The repercussions of the Tenebrous Pandemic
By
Diksha Mehta
Pandemic has brought significant challenges and has impacted the lives of people immensely. This article tries to scrutinize the economic, socio-cultural, and legal ramifications of a pandemic, analyzing all the contemporary issues associated with it. It also looks upon the solution that can be incorporated to fight the situation.
FREEDOM OF SPEECH AND EXPRESSION – A HATE SPEECH DILEMMA COMPARATIVE ANALYSIS
By
Rishi Khemani
Abstract: E-commerce is now seen as a reality for many businesses and is a regular part of any business plan. This paper analyses the change in liabilities of the e-commerce companies in India after the adoption of the Consumer Protection Act, 2019 and the recommendation of the Draft Guidelines. Were the e-commerce companies sufficiently accountable to the consumers before this? Was there a need to revamp the Consumer Protection Act? An extensive analysis has been done on the liability of e-commerce companies pertaining to its history, the need of increasing the liability and its current status under the new law. In order to understand the new position of liability of the e-commerce companies in India better, the consumer protection laws and future legislations of India have been discussed and analysed in comparison with similar laws of the United States of America.
GENDER INJUSTICE- GRIEVANCE OF TRIBAL WOMEN IN INDIA
By
Ashwina Yadav
Abstract:Women plays a crucial and substantial role in every society. Atrocities against women is a matter of serious concern whether it is tribal society or urban society. In India, triballadies remain underestimated and keep on enduring separation. The option to accomplish sex equity is an unwieldy errand. India has the second largest tribal population in the world, constituting a small segment approximately 10.4 percentof the all-out populace of the country. Tribal belonged to different races with diverse cultural attributes. Indian family anatomy is patrilocal, patrilineal and patriarchal. It is a culture of power relationship that promotes supremacy of man where the boy is looks as the perpetuator of family line and women subjugation and oppression. Gender is a constitutive element in allsocial relations. Tribal women are doubly disadvantaged striving not only for gender equality as well as for their very survival. The preamble of the Indian Constitution aims at securing equality and justice, and the directive principles of state policy aims at preventing injustice and elimination of human rights violation in India. Human rights of tribal women are tremendously violated in bizarre ways. The patricentric attitude, lack of economic power & jobs, and deprival of education have made women ignorant about their rights, that leads to generate seeds of gender-injustice against women. Woman faces torment, aggressive pressure and intimidation by the man who is her consort, to whom she dedicated herself and surrendered her security. The lower stature of tribal women is manifested by the literacy rate of women along with the lower life expectancy than men due to gender discrimination against them. The objective of the paper is to find out the status of tribal women and the reasons of gender-injustice faced by them.
UTILITY MODEL PROTECTION: A PATENT INFRINGEMENT OR A PROPRIETORY INNOVATION?
By
M. Sri Nikila & G.S. Shri Gayathri
Abstract: Utility model protection system is providing an efficacious alternative for patent and industrial design protection system for protecting the innovations specifically which are of incremental nature and are lower in the level of inventiveness. The present manuscript throws spotlight on the scope and aspects of the utility models and analyses the legal framework of the utility models in different countries across the globe. A deep insight has been made into the implementation of the utility model laws and their role in the economic development of the country. Whilst considering the surrounding issues of the utility model laws, the need for regulatory framework of utility models in India has been concretely established. The suitability of the Indian scenario to enact a utility model law is discussed. Since the country is ardently eyeing for technological and economic development by virtue of international trade, there is an alarming demand for including the applicability of the provisions of the Patent law to protect the utility models as well. If the stringent requirement of inventiveness cannot be compromised in the Patent law paradigm, then a separate enactment concerning the endowment of legal protection to utility models would do justice to the technical minds which are restricted with limited resources and have been incessantly involved in the field of R&D in the country over all these years.
SOCIAL SECURITY UNDER LABOUR LAWS AS A BASIC TOOL TO ACHIEVE THE LONG ROAD TOWARDS WORKERS’ HUMAN RIGHTS – AN INDIAN PERSPECTIVE
By
Shruti Chaudhary
Abstract :Human Civilization is in a constant pursuit of social order, which has been greatly disturbed during all phases of its history. The notion of social security has been in existence, since the time of immemorial and traces its evolution right from the existence of human race. It is true that the human history is full of struggle and has faced the unpredictability brought on by various contingencies like unemployment, under employment, sickness and disability, death and old age impairments. In walk of life, these unavoidable contingences are said to be menace to one’s survival in a dignified way. Social security mainly has its foundation on the basic idea of human rights and social justice. Social security is not a new concept, it primordial with the evolution of community itself, but its scope has developed gradually as per wants and the degree of social awareness on essential issues by the individuals.
TRANSGENDER AND PRISON IN INDIA
By
Faiza Naved
Abstract: Transgender community in India, often referred to as hijra’s or Kothi’s is the worst affected community, they are forced to leave their families and beg or do sex work in order to survive and while they are treated as objects by the society, even the protectors i.e. police officers target them and physically or verbally abuse them. Mistreatment of power by police-officials especially to discriminate the transgender community is ceaseless. This article aims to focus on the problems faced by the transgender community due to police-brutality and other problems faced by them in prisons, it also suggests changes that can be adopted by the prison authorities to provide a safe environment to the community inside prison.
MSME ARBITRATIONS- A DRACONIAN LEGISLATION OR RELIEF?
By
Oindrila Mukherjee
Abstract: In an attempt to analyze the benefits and loopholes of the MSME arbitration and the role of the Facilitation Council, the article studies the procedure for dispute resolution under the MSME Act, keeping in mind the constitutional conundrum encasing section 18 of the Act. With the increasing burden on courts and failed MSME arbitration proceedings it is not only helpful but also necessary to identify the possible measures that can be adopted to ensure effective resolution of disputes in accordance to the Fundamental Principles of alternative dispute resolution in India as a response to this one-sided draconian legislation that grossly negates the very essence of Alternative dispute resolution mechanism and further gives very little scope for change.
THE PANDEMIC ECONOMICS
By
S.S. Sanjay Krishnan & K.P. Manish
Abstract:The Global Pandemic of 2020 has an impact on each and every individual in the world. It also continues to affect everyone not only in a personal manner but nation as a whole. The effect of such a pandemic has caused the world to run in a different space and in different pace possible. This article is a humble work of the author on how the pandemic continues to have its effects in the Indian economy and in the everyday legal system of the country. This article tries to put forward the authors view on how to make way for the same to become more effective and efficient without making chaos in the amongst the people.
NEED OF RESTRUCTURING THE EDUCATION SYSTEM
By
Neha Dharme
Abstract: Our country India is blessed with an astonishing demographic dividend, youthful and dynamic population aged between 15-59 years and expected to reach 65% from 62.5% by 2036. It is necessary to nurture this young talent for holistic development of our nation. Education is a powerful weapon for advancement of human beings, to realize its full potential. But what if the same fails to capture what it is aimed at? One must take glance at the education system. It is seen that there is a greater need of restructuring the current education system taking into consideration nitty-gritty and nuances of all the aspects. My research article reflects the status quo of the present education system and highlights the need for restructuring as well as providing some thoughtful analysis pertaining to the education sector.
5THEDUCATIONAL REVOLUTION NEP 2020- A ray of hope?
By
Kingshuk Chatterjee
Abstract: Education is a means to develop one’s Mind, body and spirit.It also provides us with a direction to develop our Intelligence and character. As we move towards an era full of new technology and systems, proper education is instrumental in developing a more valuable, more effective Human resource. This paper addresses an important issue about the digital transformation of education which brought upon the 5th educational revolution.The paper thoroughly discusses the impact of the revolution and the challenges that lies ahead. The paper alsoreflects the current scenario of education system across the nation with regards to the new National Education Policy of 2020 implemented by the union government with a vision to transform our nation sustainably into an equitable and vibrant knowledge society by providing high-quality education to all.
AN OVERVIEW OF THE ROLE OF PRINCIPLES OF NATURAL JUSTICE IN INDIAN ARBITRATION
By
Raashika Kapoor
Abstract: Law is meant to safeguard the interests of the Society. In the alternate means of arbitration, the yardstick of a securing justice, is a fair decision. Principles of Natural Justice are and must also be increasingly applied in arbitral proceedings in order to ensure that the correct award is passed. The law on arbitration in India does not in clear words specify the need for these principles. However, various decisions and observations of the Apex Court as well as other authorities, stress on the application of these principles. The basic nature of the principles of natural justice require them to be used in the decision making process.In this article, it is briefly analysed whether and how the Arbitration and Conciliation Act, 1996 houses Natural Justice and how the Courts have interpreted its provisions in ensuring fair plan in action. Further, particular principles as well as the need for these principles have been highlighted and discussed.
STAYING HOME PROPORTIONATE TO STAYING SAFE?
By
Disha Roy
Abstract: “Stay Home Stay Safe” is a very renowned tagline that the government of over two hundred countries is trying to disseminate into its citizens but is staying home indeed propionate to staying safe Lamentably, the response to this inquiry is “no” for a mass of individuals. Seclusion combined with mental and monetary stressors going with the pandemic just as potential increments in negative ways of dealing with stress can meet up in an ideal tempest to trigger an exceptional flood of aggressive behavior at home all through the world. During detachment, there are likewise less open doors for individuals living with such viciousness to call for help. Isolation further helps to keep the maltreatment covered up with physical or passionate indications of abusive behavior at home and the maltreatment is less obvious to other people. Further, there are reports that those encountering homegrown maltreatment are hesitant to go to the emergency clinic for the dread of contracting COVID‐19. The dread and vulnerability related with pandemic give an unavoidably empowering condition that kindles an assorted type of abusive behavior at home. Activities, for example, social separating, shielding set up, limited travel, and terminations of key network assets are probably going to drastically expand the danger of abusive behavior at home. A tremendous duty lies on the shoulders of government to make mindfulness and outfit the expanded danger of savagery during pandemics and feature the requirement for individuals to stay in contact with one another (while watching careful steps) and the extraordinary significance of announcing any worries of maltreatment at the earliest opportunity.
LSS Corner
La Senatus Scriptors 