Publications

REPRODUCTIVE AUTONOMY VIS-A-VIS RIGHTS OF PRISONERS IN INDIA
Author's Name:-Abhilasha Bhatia

Reproductive autonomy is yet to be fully recognized as a fundamental aspect of the right to personal liberty under the Indian Constitution. Prisoners’ rights have become an important item in the agenda for prison reforms and there has been growing impetus towards the aspect of reproductive rights of prisoners in India. In the context of the insufficient focus on the issue of reproductive rights given to prisoners in India, this paper aims to study reproductive autonomy as a fundamental right and analyze the status of reproductive rights of prisoners in India, and the legislative and judicial approach towards the same.

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INTERNATIONAL HUMAN RIGHTS AND DOMESTIC JURISDICTION: CONFLICT OR CONSONANCE
Author's Name:-Abhilaksh Bhola

This paper talks about the Domestic jurisdiction clause and its conflict and consonance in the international human rights law. The state usually takes the defense of the domestic jurisdiction clause to get away after violating human rights. This paper talks about the background of the clause in the backdrop of the UN Charter. This paper also looks into the situations where the pleas of domestic jurisdiction are sought in the General Assembly and how it is interpreted.

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RIGHT TO BE FORGOTTEN: The Personal Data Protection Bill, 2019
Author's Name:-Aashi Sharma

Recognition of new right with the changing time is a vital need for the growth of society. It requires a different orientation with balanced amendments. Right to be Forgotten (RTBF) is finding its way in India. RTBF refers to the right of an individual to ask for the removal of information involving his/her past from the Internet which is usually easy to look up using a search engine and often undermine their future opportunities in terms of jobs, relationships etc. The meaning differs with varying jurisdictions. It is the branch or subset of Right to Privacy which is recognized as a fundamental right under Article 21 of the Constitution of India after the path-breaking judgment of K.S. Puttaswamy. There are various controversies concerning RTBF as there are no firm rules or settled laws for the same. Indian constitution and legislature give way to various rights like the right to speech, right to information etc. but the conflict arises with the contradictory nature of RTBF in front of these fundamental rights.

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“CITIZENSHIP AMENDMENT ACT: A PREY OF TOXIC MENTALITY”
Author's Name:-Madhav Gupta and Vardaan Gupta

Toxic mentality can easily ruin any mind and its capacity to form a constructive lawful opinion. Due to this toxicity in the minds the real meaning of democracy cannot be achieved which is by the people, for the people and of the people. As for a particular student it is necessary for him/her to participate for the overall development in the same way there need to be active participation of people at a large base to enhance the development and success of the democracy. For democracy to thrive it is essential that people just not merely believe the law maker without using and applying his own conscience. This research paper highlights the utter toxicity with which the people have mingle the two separate laws i.e. CAA and NRC and come up with critics having no lawful grounds to subsist. Rather it reflects some unethical and poisonous propaganda which some political and intolerable elements want to rule over the real issue which the proposed act was set up. This research paper encompasses in-depth analysis of the origination of the problem, objections raised and provisions of CAA, NRC and CONSTITUTION OF INDIA to give the readers all the lawful arguments in favour of the acts and against the acts so that when the readers with non-aligned minds read it will be able to understand the pros and cons. Accordingly, the research paper has been written even-handedly as the paper aims to create a strong constructive lawful opinion for both sects of people to stand against and in favor with comprehensive minds so that the actuality can be brought to reality. Further the readers will come across the fictious propaganda which is cultivated in the minds of people of community wrongfully to create an atmosphere of violence against other community in the country.

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LAW BEING A SOCIAL SCIENCE IS OBVIOUSLY INTERDISCIPLINARY WITH OTHER SOCIAL SCIENCES, DISCUSS.
Author's Name:-Ashwin Singh & Shelal Lodhi Rajput

The main focus of this article is not to simply elaborate and provide an explanation as to how social science and legal education once combined can contribute to the goal of a good education, more developed human rights, or how social scientist can combine their knowledge with the law to help and develop the general public. Rather this article will divert its focus on suggesting how the inclusion of the social sciences is ever-present without it being specifically mentioned and this article will give a brief introduction as to how social sciences must collaborate with Legal Jurisprudence for improvement to all. It is the personal belief of the author that if Social Sciences are made more inclusive into Legal Education, a large number of solutions to problems which has plagued us for a long time can be easily solved.

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Reproductive Health of Women in India: Need for a Change?
Author's Name:-Naina Agarwal and Megha Sahni

‘Social justice’ has evolved into a demand of modern society, perhaps, the very foundation of it. The world’s quest to attain the ever-evasive objectives of social justice is in for a long haul especially when a community is alienated to the point of deprivation. Social justice for women is nothing but a paradox in absence of their reproductive rights, not only in India but around the globe. Reproductive rights of women are central to her emotional, mental, physical and economic well-being. The Medical Termination of Pregnancy Act, 1971 covers major aspects of these reproductive rights in India. Going by the statistics released by prominent international players like World Bank and UNICEF, India is amongst those to witness the highest numbers of maternal deaths as much as 45,000 every year. Only 20% abortions are held through public or private health facilities. This invariably demands for a closer look to identify the problems within the present framework. The paper attempts to discuss the current position of reproductive health of women in India and the shortcomings of the existing laws in relation with reproductive health of women. The paper also attempts to study the concept in context of family planning and other programs in India which are directly or indirectly a step towards ensuring reproductive rights and reproductive health of women in India. Doctrinal methodology has been adopted wherein certain statistics, articles, statutory provisions and cases have been analyzed to come up with a meaningful article.

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Reproductive Health of Women in India: Need for a Change?
Author's Name:-Naina Agarwal and Megha Sahni

‘Social justice’ has evolved into a demand of modern society, perhaps, the very foundation of it. The world’s quest to attain the ever-evasive objectives of social justice is in for a long haul especially when a community is alienated to the point of deprivation. Social justice for women is nothing but a paradox in absence of their reproductive rights, not only in India but around the globe. Reproductive rights of women are central to her emotional, mental, physical and economic well-being. The Medical Termination of Pregnancy Act, 1971 covers major aspects of these reproductive rights in India. Going by the statistics released by prominent international players like World Bank and UNICEF, India is amongst those to witness the highest numbers of maternal deaths as much as 45,000 every year. Only 20% abortions are held through public or private health facilities. This invariably demands for a closer look to identify the problems within the present framework. The paper attempts to discuss the current position of reproductive health of women in India and the shortcomings of the existing laws in relation with reproductive health of women. The paper also attempts to study the concept in context of family planning and other programs in India which are directly or indirectly a step towards ensuring reproductive rights and reproductive health of women in India. Doctrinal methodology has been adopted wherein certain statistics, articles, statutory provisions and cases have been analyzed to come up with a meaningful article.

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Women in Trade Unions in India
Author's Name:-Heta Thakar

Trade unions can be simply understood as a group or union of people who come together to voice their opinions, demands, rights etc. They come together to protect their interests and common welfare against their employers. This present paper aims to focus on Trade unionism with respect to female participation in workforce and unions. The paper addresses the history and rise of women in labour union movements and addresses the gender discrimination. The paper addresses the current scenario of women in trade unions along with a comparative study. Female workers not only have to fight for their rights such as safe and healthy workplace but also for equality. So many women still remain underpaid because of their gender. Thus, female trade unions are imperative. There is a need for women in trade unionism and the paper seeks to address the same. The paper gives suggestions for addressing the gaps and issues.

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CRITICAL ANALYSIS ON NEW FARM BILL 2020 (IS IT A DOUBLE EDGE?)
Author's Name:-ABISHA A

Indian economy being a mixed economy, Industrialization, privatization of the essential fields have been welcomed in our country. Though, this remains an actual fact, one could never deny that agriculture is the mother of Indian economy. It is an Indian farmer who truly represents India. Exploitation of the same, exploits the whole nation. The Farm Bill 2020 is an ambivalent piece of legislation that address a number of process related to selling and distribution of produce. Though these bills make a huge structural changes in agricultural sector and encourages cooperate investments in agricultural ecosystem, it remains a big debatable issue in the country at present. These bills have resulted to uncertainty and agitation among the farmers of the nation. Farmers fear that they might loose their selling system. For this reason, farmers across India have plunged to the roads demanding a renouncement of this act. The protest in India has created quite a rattle globally. This article deals with the motives of recently passed farm bills and the reasons for farmer’s opposition. It mainly focuses with the holes and cracks of the act and is also concerned with the arguments related with demand of repealing the farm acts.

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Psychological factors affecting Eyewitness Testimonies
Author's Name:-Esha Gupta

In this research paper, the psychological factors that affect an eyewitness’s ability to accurately testify in court will be analysed. This includes the psychological factors that affect the human memory as well as feelings of stress and anxiety experienced by the witness during a particular event. This will be done with the help of several theories put forward by renowned psychologists as well as the relevant Indian case laws and statutes. This paper will help us in understanding the shortcomings that are present in the Indian Judicial system, for which appropriate reforms will be suggested at the end. This topic is of great importance as mistakes made by eyewitnesses can lead to the unlawful convictions of innocent people, thereby causing a miscarriage of justice .

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SOCIO LEGAL DIMENSIONS OF WITCH-HUNTING YEAR - 2020
Author's Name:-Namrata Singh

This research focuses on the concept of witchcraft and witch-hunting that is prevalent all across the world. This research tries to look into the depths of witchcraft and its origin. It tries to make us understand that such beliefs and practices are based on superstitious belief, and lack the logic behind such acts. It tries to draw our attention toward the victimization of women through such practices, and its intrinsic relation to the patriarchal mindset. This research, at first analyses the concept of witch-hunting prevalent in the villages of India and establishes its connection with Blackmagic. The research further focuses on the gender targets of witchcraft, and finally, the prevalent legislations with respect to witch-hunting have been brought into light.

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MARITAL RAPE
Author's Name:-Amisha Gupta and Manasvee Malviya

Marriage is an agreement between a man and a woman; it implies that both has consented to sexual intercourse and can’t be otherwise. It’s been long argued that consent to a marriage can’t be construed as lifelong consent to sex. “The world’s shame: the global Rape Epidemic” a report by Equality Now, found that India is one of only 10 out of 82 jurisdictions surveyed that still legalized rape within the marriage and protected the rapist husbands from prosecution. Ensuring that marital rape is criminalized would make justice more accessible for the women, irrespective of married or not. Also, criminalization of marital rape would send a message that a woman always has the right to choose whether and with whom she wants sexual relations. Since, independence, Indian law has recognized husband and wife as separate and independent legal identities. Also, laws were made for the protection of women. The existence of exception creates two classes of women: married and unmarried. Women who are not married are protected from sexual harassment and rape but what about married women? Are Married women protected from the rape and sexual harassment by their husband? If the women are married or not, and if the consequence of rape is the same then why there should be an exception to the punishment.

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A STUDY ON THE MISUSE OF SPECIAL LEAVE PETITION PRIVILEGE UNDER THE INDIAN CONSTITUTION
Author's Name:-ANIRUDDHA DWIVEDI

Special Leave Petition in India (SLP) has an unmistakable situation in the Indian Legal executive and has been given as a "leftover force" inside the hands of the Supreme Court of India to be practiced uniquely in situations where there is a huge issue of law or gross injustice. It awards special authorization to the aggrieved party to be recognized in the Supreme court in appeal or appeal against any choice or request of any court or council inside the region of Bharat (except for a military get together and a court-military). The Constitution of India, under the oversight of Article 136, presents on the Supreme Court of India, the apex court of the nation, with special position to allow special leave, to bring an appeal against any judgment or request or pronouncement in any issue or cause, passed or established by any court or council inside the purview of the Asian nation. It is to be utilized in case of any genuine sacred clash of law or gross injustice being submitted. Its optional authority is outright inside the Supreme Court of the Asian nation and consequently the Court can in its carefulness, decline to offer leave to the fascination. The aggrieved party cannot request special leave to appeal as per Article 136 as a right, yet it has the outright advantage, inside the Supreme Court of India, to give leave to appeal or not.

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TRADE SECRETS PROTECTION REGIME IN INDIA: THE CURRENT SCENARIO
Author's Name:-PARAS SHARMA

Trade Secrets are a vital part of the Intellectual Property Rights of any Business unit. Be it a company or an individual venture, there are certain secrets that are behind the success and reputation of any commercial venture. There are many companies in the world that entirely rest on their trade secrets. In such a scenario it becomes vital to protect these secrets in order to secure the business interests of companies. Protection of Trade Secrets is not only essential from a company’s point of view but it’s also important from the International point of view, as trade Secret protection also incentivizes the Foreign Direct Investment which is essential for the growth of any economy. However, unlike copyrights or Trademarks, there is no specific legislation that deals with Trade Secrets. In the present Era of Right to Information it becomes very difficult to keep these vital secrets out of the reach of the invaders that could most probably deteriorate the company’s growth and good will. The Courts in India have time and again laid down that ‘trade secrets are vital for the growth of any company and thus they should be protected.’ The present work aims at exploring the world of Trade Secrets vis-à-vis the laws that govern and protect them in India.

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Call for a Dignified Life- LGBT
Author's Name:-Abhilasha Sharma and Kunal Singh Rathore

This paper is to analyze the current situation that is still being faced by the members of LGBTQ community despite a global picture of changing laws with the change in time. The Indian Constitution provides for their fundamental rights, and the judiciary endeavors to avail and protect them by their rulings and verdicts. But the society doesn’t seem to be at par with these judgments. Marriage, for instance, is believed to be a foundation for procreation, but incapability of the same-sex couples in this aspect leads to their discrimination from the general the public. Refutation of their equal rights for many other facets has also been discussed in this paper. Societal treatment has forced them to undertake extreme steps, even ending up their life. Significant movements across the globe have been covered so as to adopt a positive outlook and make necessary amendments in the system from the side of State and society, towards inclusion the community and bringing resolution to their predicaments. The paper, in its concluding paragraphs also comes up with certain suggestions and proposals so as to deal with such incidences and help them live a dignified life

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VALIDITY AND JURISDICTION OF E-CONTRACTS
Author's Name:-Yashraj Singh Kanawat and Rishi Kumar Tripathi

This research paper mainly analysed on the position of E-contracts in the current scenario of corona epidemic and also checks the validity of contracts those created by instantaneous mode of communication and by post box rule. The bottom line for any business or commerce is the contracts entered into between the parties. The Information Technology Act, 2000 gave validity to electronic contracts. Section 10-A of the Information Technology Act, 2000, which provides the validity of electronic contracts in India. While the Indian Contract Act 1872 does not exclude electronic contracts, ITA 2000 specifically provides for them, as ICA, 1872 is a complete act in India which deals with the provisions applicable over all the aspects of contract.

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Gaining Acquisition of Educational credentials
Author's Name:-Garima Jargar

“Disparities as well as segregation plays a vital role to provide with equal protection to the people living in and around this world. To provide with all the basic needs and necessities, education should be also put in the preference list. This is been a hypothetical examination that there is no discrimination based on education or employment in country like India. However, India is considered, as the most diverse country in the world but with this it also led many deep stratified and massive form of disparities among people. As, a developing country every law should be dynamic as well as effective on the communities of the society. The purpose of writing this research paper is to give a brief and justified explanation regarding the inconsistency of educational criteria and imbalance of the application part of the constitution. The main agenda which will be highlighted by the researcher based on origin, information, treatment, violation, implementation, and punishment. According to the past history of schemes and programs for achievement of the defined goal related to women and children was – universal and mandatory primary education i.e. “Education to all” which emphasis on the coequality [Education and Welfare] of an individual. The general as well as specific gathering of the data and provision will be related to the accessible data, following the researcher have adopted doctrinal as well as empirical research methodology. The investigation and research scope will be limited to the social, economic, and educational growth of the people living in the India. This particular topic gives an elaborative context of the present scenario of education level which is been followed widely in India and remedy for the damages to the economy.”

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DATA AND PRIVACY’
Author's Name:-NISHI CHAUDHARY

Now a days we see around there are many crime occur day to day life the most common and we can say a serious crime occur i.e Cyber crime and in this crime our data and our essential information is hacked so in this paper I have discuss about the Data and privacy and how we safe ourself and others for such a crime and I have also discuss the current scenario.

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MEDIA, REACTING TO THE EVENTS OR CREATING THEM: SPECIAL EMPHASIS ON ARTICLE 370
Author's Name:-TARUN SHARMA

The media is referred to as the fourth Estate, an expression attributed for the 21 st century. The media is no longer relegated to a fourth position. Its pervasiveness enables it to command a power and influence which, in many ways, surpasses that of the other three estates. In media with collapsing standards in public life cutting across party lines, the citizen no longer depends upon the opposition as a watchdog of authority. Increasingly, he turns to the media to safeguard democracy and defend public interest, to expose corruption and check the abuse of authority. But having the dominant position of the media in the society which sometimes exaggerate some facts that is not the reaction of the media as a fourth democratic pillar but a creation by the media that is not fact as such.

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ARTIFICIAL INTELLIGENCE- HIDDEN THREAT TO HUMAN HEALTH
Author's Name:-Neha Virmani

Now-a-days due to the immense success in Technological development, people are getting more dependent on A.I which has led to negligible activity or work carried on by Human, and is untimely leading to loss of jobs as well as it is becoming one of the main reasons for the Physical and Mental Health issues. This research project will specifically deals with various aspects about “How the emergence of A.I technology is leading to job loss and increase in Physical and Mental health issues”, which will include meaning and scope of the topic underlined with various sub topics that include impact of various emerging Artificial Intelligence driven gadgets on daily routine of an individual and how A.I is leading to change in the scenario around the Globe however, main focus will be specifically on Indian Population. Health of the individual is a basic human right and the protection of individuals is, accordingly, a fundamental obligation of Government. This project will attempt to make a comprehensive study on the debatable topic that how A.I technology is a Hidden and indirect Threat to Human Health, will also throw some light on the various judicial interpretation with regards to Artificial intelligence, how world has formulated the present understanding about the emergence of Artificial Intelligence and what are the loop holes which we need to fill to protect Life of human beings adverse of the artificial Intelligence.

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COMMERCIAL SURROGACY IN INDIA
Author's Name:-Anurag Jain

The research paper aims to make the reader aware of one of the major yet lesser-known issues prevailing in our country – Commercial Surrogacy. The paper plans to instigate a spark in the reader to make him/her aware of the issue which is undergoing numerous changes. The paper starts with the history of surrogacy – from the origination of surrogacy and its prevalence in ancient times to the contemporary world. The article provides an insight into surrogacy and different types of surrogacy that have been practised in earlier times. It goes on to give a detailed explanation of the steps involved in the process of surrogacy. The paper highlights the importance of Artificial Reproductive Technology (ART) and In Vitro Fertilisation (IVF). These are the advancements that enable an infertile couple to have the opportunity without going for surrogacy. The paper then discusses the drawbacks of surrogacy and the plight of surrogate mothers. The changes were made in the year 2008 with the introduction of Assisted Reproductive Technology Bill (ART Bill), 2008. The final bill successfully came in 2017. In addition to this, the paper analyses the newly introduced Surrogacy (Regulation) Bill, 2019, and summarising the features. It then goes on to do a critical analysis of the recent bill passed by the Lok Sabha and forwarded to the Select Committee. The paper talks about the merit and the demerits of the bill without any bias towards any side. The author then provides some recommendations for the present bill highlighting spheres/places where the bill can be amended before concluding the paper.

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Salamat Ansari v. State of UP
Author's Name:-Nitish Kumar Lenka and Subhalakshmi Jena

Salamat Ansari v. State of UP Case No. – Crl. Mis. Writ Petition No. 11367 of 2020 Petitioner :- Salamat Ansari & 3 others Respondenet :- State of UP & 3 others Date of Judgement :- 11th November 2020 Bench :- Justice Vivek Agarwal & Justice Pankaj Navqi

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PRICE OF GOD: EMOTIONS AND RATIONALITY IN DETERMING CULPABILITY WITHIN THE AMBIT OF RELIGIOUSLY THIN SKULLS
Author's Name:-ANOUSHKA GOEL

Amongst the various fundamental rights guaranteed by the Constitution, the Right to Freedom of Religion, covered under Articles 25-28, grants every individual the right to follow their religiously held beliefs and practices. Given that these fundamental rights apply equally to all people on Indian soil, it is not improbable for claims regarding such fundamental freedoms of religion and secularism to tread almost all domains of Indian Jurisprudence. One such untrodden legal realm under Criminal Law is the thin skull principle and duty to mitigate damages when a person refuses to accept medical treatment for reasons grounded in religious beliefs and practices. What then is the extent of liability of the defendant with respect to failure to mitigate damages owing to religious adherence? Should such religiously held beliefs be considered reasonable even though they pose a conceivable risk to life or, impose upon the plaintiff, a duty to mitigate and therefore, not a pre-existing state within the ambit of the eggshell skull rule?

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REVISITING THE AGE OF MARRIAGE FOR GIRLS IN INDIA
Author's Name:-Jasmeen Kaur

In India, the minimum age of marriage is a product of personal laws. The minimum age of marriage, especially for women, has been a contentious issue. The law evolved in the face of much resistance from religious and social conservatives. There is no reasoning in the law for having different legal standards of age for men and women to marry. Despite laws mandating minimum age of marriage, child marriages, heath issues and crimes are very prevalent in the country. The Indian Penal Code in 1860 criminalised sexual intercourse with a girl below the age of 10, introducing the first legal framework for a minimum age of consent for girls. Increasing the age by even just two years to 12 in the Age of Consent Bill in 1927 was opposed by many nationalists who saw the move as imperial interference with local customs. In 1929, the barrier was further raised to outlaw marriage of girls below 16. From then, it took nearly five decades to bring the law to its current standard of 18 years for women and 21 for men. The research paper analyses the trends in the past decades in the age of marriage for females. The research examines the relation and trend between the different religions and age of marriage. The research paper intends to find out the possible reasons for increasing the age of marriage and analyses the reason on the touchstone of constitution. The research further endeavours to analyse the probable impacts of increasing the age of marriage for females to 21 by analysing the past trends. The research also throws light on the possibility of implementation of the endeavour to increase the age of marriage and compares them with the other feasible mechanisms to achieve the expected outcomes.

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Imposing time limit: an attempt to make India an arbitration hub.
Author's Name:-Shreyas Dhamapurkar and Aashal Jhanwar

When it comes to Arbitration and Conciliation Act, 1996, it has become one of those Acts which is demanding the changes time and again. The Act is making a persistent attempt to evolve in order to be more concise, clear, certain and realistic. The dispute resolution mechanism always has great impact on the Indian economy because it leads to ease in doing business. After Arbitration and Conciliation Act, 1996, the 246th law commission report recommended the Amendment Act of 2015 to eliminate loopholes of the Act. On 23rd October 2015, the Amendment Act of 2015 came into force. Later, based on recommendations of high-level committee headed by Justice B. N Srikrishna Committee the Amendment Act 2019 was notified on 9th August 2019 and some provision came into force on 30th August 2019. One of the important amendments was related to timelines due to which section 29 A was inserted in the Arbitration and Conciliation Act, 1996. The author has tried to put light on the evolution of Section 29A, procedural aspects in section 29A of the 2015 Act. The given below article covers the concept of the delayed award which can be considered one of the purposes of imposing a time limit in arbitral proceedings. There are court clarifications and interpretations also regarding the applicability of the Act as it was Amended in 2019 again. The author has also tried to highlight some challenges which can come through the way of dealing with the arbitral proceedings in the future. The current scenario where COVID-19 has impacted on several businesses, the challenge for execution of provisions of timeline has increased. As India is focusing on making India an arbitration hub, it would be interesting to see how the arbitration is going to tackle the current situation to build confidence in the legal system of a country.

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A TIMELINE ON UMAR KHALID’S JNU SEDITION CASE
Author's Name:- Rishabh Sachdeva and Yashika Gupta

Umar Khalid, a former member of the now-defunct, pro-Maoist Democratic Students Union (DSU) (an ultra-leftist group), who has been listed as one of the organizers of the JNU sedition event on campus against hanging of Afzal Guru during which anti-national slogans were allegedly upstretched. This text highlights the affair of JNU outrageous event leading to Umar Khalid as victim of a media trial, put in the dock because he was Muslim, condemned before his guilt had been proved, denounced as a terrorist for whom there was a witch hunt for weeks. On the contrary the draft seeks to examine whether the students and student leaders were justified in protesting the conviction of Afzal Guru and whether the campaign led by the protestors can be termed as seditious on account of sec.124 A of the Indian Penal Code. The Indian and media termed the protest as anti- national act which resulted in the arrest of key leaders on the charging of wagging civil war. The protesting students of JNU launched a movement for the sake of expressing solidarity and the atrocities made towards Kashmiri. It is also shown that recent political activities including and targeting student community have steered considerable controversy in the trivial matter which is of utter dismay.

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RIGHT TO BAIL VS. PERSONAL LIBERTY
Author's Name:-Ms. Priya Jagadeesh, Assistant Professor in Law, SCMS Cochin School of Business, Kalamassery, Kerala

Krishna Iyer J., remarked that the subject of bail- “ ….. belongs to the blurred area of criminal justice system and largely hinges on the hunch of the bench, otherwise called judicial discretion. The Code is cryptic on this topic and the Court prefers to be tacit, be the order custodial or not. And yet, the issue is one of liberty, justice, public safety and burden of public treasury all of which insist that a developed jurisprudence of bail is integral to a socially sensitised judicial process. It is precisely this much needed jurisprudence of bail is discussed in the article in the light of the personal liberty of a person and its value in view of Indian constitutional system and interpretations given by the judiciary. An attempt is made to explore the varied dimensions of the concept of bail as a right in tune with the emerging trend of human rights jurisprudence. Further the article addresses major issues that crept in to the criminal justice administration system by giving overemphasis to the human rights.

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A STUDY ON THE UNDERLYING FLAWS OF LIFTING OF CORPORATE VEIL AND THE GROWTH OF REVERSE PIERCING OF CORPORATE VEIL
Author's Name:-DISHA JAIN

A company, once incorporated, acquires a separate legal personality. The basic understanding is that there is a veil or a screen in between the company and its members. Therefore, a company is a legal person or a juristic person. Although, in certain situations, the authority of the company can be questioned. In case of fraud or evasion, the veil that makes the distinction between the company and its member can be lifted by the Court. This is called Piercing of the Corporate Veil. The veil protects the rights of the members. The Court does not lift the veil until and unless they find it absolutely necessary to do so. The opposite of piercing corporate veil is the reverse piercing of corporate veil. Although it is not acknowledged in India as much, this concept is when the shareholders shift the liability entirely on the company. In this paper, the researcher aims to point out the flaws in the concept of corporate veil, the situations where it would not be lifted and the growing concept of reverse piercing.

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Should Section 375 be read with Section 377 of the Indian Penal Code?
Author's Name:-Ananya Khanna and Rishita Khandelwal

Section 377 of the Indian Penal Code has been in the limelight for its controversial nature and archaic language. Despite it being read down much of the previous connotations that was anti- LGBTQIA+ in nature still exists due to lack in change of language, leading to anti LGBTQIA+ spirit of the law still being retained. Section 375 of the Indian Penal Code over the years has evolved from its narrow and restricted application to include a variety of actions to what constitutes as rape. Over the years, the restructuring of the two sections has led to the creation of certain contractions with respect to the ambit of offences that each section covers. In this article we will be examining the contractions that have arisen and how they can be resolved by reading the two sections as analogous to each other with certain modification. We will also be delving into the need for separate sections that deal with necrophilia and bestiality, in order to ensure a complete reframing of these sections. This article also aims to understand the implications of such a step and how it will impact the LGBTQIA+ community.

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DATA TRANSFER TO THIRD COUNTRIES OUTSIDE EUROPEAN UNION- SCHREMS II CASE AND ITS IMPACT
Author's Name:-VIJITA VERMA

In the world of globalisation and digitalisation, conduct of business involves multiple parties located at various parts of the world. Today, business not only involves delivery of products/services across the borders but even “Data”. Data in its various forms/kinds and its access and process has become an integral part of business. There are various regulations that control the transfer of data across borders. The General Data Protection Law (GDPR) being the most comprehensive and stringent. The GDPR came into effect on May 25, 2018. The primary aim of the legislation is to give individuals control of their data. The law applies to all enterprises within the European Economic Area (EU countries plus Iceland, Liechtenstein, and Norway) and companies that process the personal data of EU subjects, regardless of location. GDPR lays down certain restrictions/mechanisms for Cross Border Data Transfer. The European Court of Justice in the case of Data Protection Commissioner Vs Facebook Ireland and Maximillian Schrems (Schrems II) invalidated the adequacy of protection provided by the EU-US Data Protection Shield. This judgement which came on 16th July, 2020 has huge implications on transfer of data from EU countries to US and any other third country (including India). This article will discuss (A) what is Cross Border Data Transfer (B) what is EU-US Data Protection Shield (EU-US Privacy Shield) (C) Schrems I judgment and (D) Schrems II judgement (E) Impact of Schrems II judgment.

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RESEARCH PAPER ON HUMANITARIAN AND REFUGEE CRISIS
Author's Name:-TANYA SEHGAL & SHUBHAM BAJAJ

It is the obligation of every person born in a safer room to open the door when someone in danger knocks.”— Dina Nayeri

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Domestic Violence A Quintessential on womens existence
Author's Name:-Komal Soni

Women trapped in violent relationships need to know that there's no shame in talking out and walking out on their abusive partners”. This kind of mindset is required in the country like India,where one dowry death occurs in every 78 hrs, one sexual harassment every 59 minutes, one rape every 34 minutes, one torture every 12 minutes and almost one in every three married women experienced domestic violence, according to the survey of National Crime Record Bureau of India. Many laws like PWDVA Act, Dowry Prohibition Act 1961 were made by the government to end the violence against women in India, and to make India a bit better place for women to live in but unfortunately failed in eradicating this deep rooted social issue.In this paper, the author tried to find out the main causes behind domestic violence, its types and it also tell about the laws which were made to prevent violence against women. Moreover, author also focuses on the situation of the (women during this unprecedented times Deadly impact of lockdown on women). And, lastly concluded with suggesting various methods to prevent domestic violence in India.

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Rights of Prisoners during Pandemic
Author's Name:-Paridhi Jain and Himanshi Agarwal

Covid-19 has affected the whole world eminently. Especially, on the rights of the prisoners whose fundamental rights are already curtailed. There is undoubted and undeniable point that the prison administration's current legal system requires a total overhaul, while it was appropriate to reform Criminal Laws like the Jail Manuals and Prison Act. The nation's prison system needs a major overhaul at its foundations to protect the prison population in the future from another crisis.The statistical reports of NCRB 2018, states that the prisons have been over-crowded. It seems clearly that there's no crucial step taken by the jail administration to tackle this drawback of overcrowding of Prisoners within the Jails. The matter got even a lot of worse and significant once the country is facing deadly pandemic of Covid-19. this is often raising serious queries on the Jail Administration of India that how they willbe going to face this issue. Since the Covid-19 could be a transferable virus and there's no vaccine as of today to manage this pandemic. Also, a really serious question that's raised by experts that these prisons will become the epicentre of the Pandemic. the total country is following the norms of Social distancing and to not use the shared accommodation since it will infect a lot people within the jail. However, the conditions of Prisons are pathetic where the norms will never be practiced due to overcrowding of prisons. the government at all levels creating an attempt to prevent the spread of deadly virus but overcrowding of prisons can further elevate the matter of spread of covid-19. hence there is a requirement to act smartly during this time of crisis. The time has come to take very daring and serious steps so as to curb the spread of covid-19 virus amongst the prisoners. it's our ethical duty and obligation to follow the directions and also the prison authorities should address this issue seriously so that it can be handled in very smooth manner. This paper thoroughly covers the varied aspect as to what kind of drawback the jail administration is facing and problems and challenges faced by the Prisoners amid Covid-19 pandemic

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