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The Impact of COVID-19 on Higher Education – A Copyright Perspective
Volume 2 Issue 1

The Impact of COVID-19 on Higher Education – A Copyright Perspective

“Knowledge, like air is vital to life. Like air, no one should be denied it.” Alan Moore Introduction The Intellectual Property regime in most nations are governed and controlled by the TRIPS Agreement[1]. The Agreement allows for relaxations as far as they are limited exceptions that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder[2]. These relaxations sometimes referred to as the ‘TRIPS flexibilities’ are a solace to developing nations like India; and were incorporated into the TRIPS after considerable negotiations. However, the wordings and the spirit always indicated a balance between the interests of the IP holders and its users. The same spirit was to be reflected when member nations enacte...
The Right of an Accused to Default Bail during COVID -19
Volume 2 Issue 1

The Right of an Accused to Default Bail during COVID -19

INTRODUCTION The objective of criminal law is to shield the society against the ones committing crimes and the ones breaking the law in place by creating a threat of punishment to prospective lawbreakers as well as the ones who may attempt to commit the offence by making them undergo the punishment as prescribed by the law for such offence committed by them. Thus, criminal law is a mixture of substantive criminal law and procedural criminal law. The main texts governing the same are Indian Penal Code, 1860[1] and Criminal Procedure Code, 1973[2] respectively. The main objective of the Criminal Procedure Code, among the other aims sought to be achieved, is to ensure a fair trial where none of the rights granted to the accused are compromised. As per the provision of Section 167 (2) (...
Contempt of Court & Free Expression: Need for delicate balance
Volume 2 Issue 1

Contempt of Court & Free Expression: Need for delicate balance

Introduction The legal system that we see today is the summit of a long trip which has started from  the wonderful rule that was in legal announcement to the natural law and further to the positive  law that we see today. It is where the perfect world is built in respect and agreement should  arise without any concern about nothing to do with the planning required to move the people  to where they are involved in the justice delivery system. When the dissent or disagreement  becomes the fore runner, it often yields results that take the shape of contempt. Freedom of speech and expression is the fundamental fountainhead of democracy. This  right does not confer the right to denigrate others' right of person and reputation. So, this right is  subjec...
A Study on Copyright Infringement
Volume 2 Issue 1

A Study on Copyright Infringement

INTRODUCTION: A Human mind is filled up with emotions, thinking, imaginations, consciousness, intelligence and a lot more. We cannot judge or measure the capacity of one’s intellect through any means, it is an impossible task. It is a human intellect which directs them to make comparison, differentiate or conclude anything which comes into his mind. There is no restriction over thinking and converting it into an unique idea or invention. Intellectual property is also an outcome of Human intellect under which one’s unique idea, creativity or inventions is being covered. Intellectual property is a creative effort of human mind, labour, skill and intelligence. The unique idea or creation in any field in any form comes under the ambit of intellectual property. It is an intangible proper...
Investor State Dispute: The Current Predicament in International Commercial Arbitration
Volume 2 Issue 1

Investor State Dispute: The Current Predicament in International Commercial Arbitration

INTRODUCTION: International commercial arbitration is an effective way of settling conflicts between private parties resulting from commercial transactions performed across national borders that allow parties to prevent adjudication in national courts. Over the years, this has become a very common approach, as most parties do not want to get embroiled in the ravages of litigation with respect to any issue, particularly if the conflict is in an alien country. The arbitration clause is typically part of the agreement negotiated by the parties. Arbitration has since attracted fervor as an alternative dispute resolution method. Investor-state dispute settlement mechanism is a type of international economic arbitration. It is an instrument of public international law which is part of a v...
Migrant Women: An Exposition of the Challenges Faced
Volume 2 Issue 1

Migrant Women: An Exposition of the Challenges Faced

INTRODUCTION Amidst the COVID-19 crisis, Kolkata witnessed something novel during the Durga Puja Celebrations of 2020.  One of the Pandals' showcased a migrant woman with a child in her arms instead of the traditional Durga idol.[1] This thoughtful and creative portrayal of the migrant woman succinctly brought to fore the numerous challenges and problems they face. It paid a befitting tribute to them as it acknowledged the struggles faced by migrant women, especially during the pandemic. Several issues and challenges are associated with migration in general, and the concerns over migrant rights are manifold. The realisation of the basic human rights for migrants is a crucial challenge. Certain categories of migrants, however, are more vulnerable to exploitation and susceptible ...
Desperate Need for a law against Corporal Punishment
Vol 1 Issue 3 (Special Issue)

Desperate Need for a law against Corporal Punishment

INTRODUCTION : Murray Straus, a sociologist defined Corporal Punishment as “the use of physical force with the intention of causing a child to experience pain, but not injury, for the purpose of correction or control of the child's behavior."[1]. It is a practice widely used to discipline the child by parental or quasi-parental authorities. Corporal punishment has been used to instill discipline since the commencement of formal education in India.It is of several types. It can be physical, which is the most used form of punishment and sometimes can be mental/verbal punishment which includes verbally abusing a child. Negative reinforcement of the child is also considered to be corporal punishment. It primarily includes specifically targeting a child or not allowing them into class. Corp...
The Future of Justice: Litigation and Virtual Courts
Vol 1 Issue 3 (Special Issue)

The Future of Justice: Litigation and Virtual Courts

INTRODUCTION For time immemorial, courts in India have toiled to deliver justice. This has been ongoing from even before we got our independence. COVID-19 or Coronavirus which is an infectious disease caused by a newly discovered virus found its way into our subcontinent during the initial months of 2020. This disease caused the death of thousands of people all over the world and to contain it, the government began to take strict actions promoting social distancing and imposed a nationwide lockdown. The lockdown was imposed all over the country restricting any outdoor activity. This pandemic damaged the whole economic structure of our country and led to several other problems such as unemployment, food crisis, poverty, and much more. The pandemic also had a huge impact on the judiciary...
Legality of Internet Shutdown in a Democracy
Vol 1 Issue 3 (Special Issue)

Legality of Internet Shutdown in a Democracy

“Free speech is too dangerous to a democracy to be permitted.”-  H.L. MENKEN 1. WHAT ARE INTERNET SHUT DOWNS? Social media has become a feature of modern democracy, it has given public a place to connect, gather voices and speak up for their selves. Similarly with this rise of digital revolution candidates of democracy a medium to promote their propagandas and directly connect with general public. However the invention of web is being considered a boon as well as a curse. Due to some miscreants’ activities like exchanging of privileged information, sedition, conspiring against the country, online boycotting and protests, democracies around the globe are resorting to internet shutdowns/ internet blackouts. Internet shutdown can be defined as absolute restriction placed on the us...
Ninth Schedule: Why Immunise Certain Laws from Judicial Review?
Vol 1 Issue 3 (Special Issue)

Ninth Schedule: Why Immunise Certain Laws from Judicial Review?

INTRODUCTION To every student of constitutional law, Art 13 and Art 31-B appears paradoxical. The former forbids the state from making laws infringing fundamental rights and declares that any law made in contravention of this clause shall, to the extent of the contravention, be void. In contrast, the latter states that none of the Acts and Regulations specified in the Ninth Schedule shall be deemed to be void, or ever to have become void, on the ground that they are inconsistent with, or abridge any of the rights conferred by any provisions of this Part. The Ninth Schedule makes certain legislative actions completely immunised from judicial review. What is the need or intention of the lawmakers to protect laws from judicial review? THE NATURE OF NINTH SCHEDULE The Ninth Schedu...
3D Bio-printing: Addressing the Conundrum of Patent Eligibility.
Vol 1 Issue 3 (Special Issue)

3D Bio-printing: Addressing the Conundrum of Patent Eligibility.

Introduction: One of the gravest upcoming challenges in the patent regime around the world and especially in India is the patentability of 3D bio-printed products. The technique of 3D printing builds a three-dimensional object using a computer-aided design (CAD) model, by consecutively adding ink of material layer by layer; accordingly, it is also known as additive manufacturing. From guns to bones, companies are rapidly moving towards manufacturing using 3D printing techniques. For instance, the majority of the hearing aids since 2013 are being manufactured using 3D printing[1]. A primary cause for such transformation is the fact that 3D printers have converted a huge labor-driven industry into an automated one. When these 3D printing techniques are utilized to print cells, tissues...
Tort of Malicious Prosecution
Vol 1 Issue 3 (Special Issue)

Tort of Malicious Prosecution

INTRODUCTION  “Malicious Prosecution” was extensively defined in the landmark case of West Bengal State Electricity Board v. Dilip Kumar Ray.[i] Malicious is a fixed hate or something done with evil intention or motive not as a result of sudden passion. Malicious prosecution is also termed as malicious use of legal procedures. The Hon’ble Supreme Court observed the difference  between malicious use and malicious abuse of legal procedures. The former is the initiation of a legal procedure with malicious intent and the latter is the employment of legal procedures for attainment of an objective other than that purported by law. The evolution of this tort dates back to the reign of Edward I when the crime of conspiracy was recognised. The English Jurisprudence being the most ...
The Medical Termination Of Pregnancy (Amendment) Bill, 2020 – An Analysis
Vol 1 Issue 3 (Special Issue)

The Medical Termination Of Pregnancy (Amendment) Bill, 2020 – An Analysis

INTRODUCTION Induced abortion has been legal in India for a broad range of reasons since the passage of The Medical Termination of Pregnancy Act, 1971 by the Parliament in 1972. The key objective of this Act is to improve maternal health of Indian women and to regulate the mortality rate of women due to unsafe and illegal abortion. It further specifies the conditions under which a pregnancy may be aborted. It was only after the enactment of this Act, safe abortion was available to women under certain prescribed conditions. The Act shields 'her' from various dangerous complications if at all the pregnancy turns out to be critical, or in cases of unwanted pregnancies. It also gives her the constrained right to make a choice for herself, to abort the baby at certain circumstances to ensur...
Surrogacy in India: A Socio-Legal Perspective
Vol 1 Issue 3 (Special Issue)

Surrogacy in India: A Socio-Legal Perspective

“The state controlling a woman would mean denying her full autonomy and full equality.”- Ruth Bader Ginsburg INTRODUCTION The word 'surrogacy' finds its root from the Latin term ‘Surrogātus,’ which is the perfect passive participle of the word ‘Surrogāre.’ This literally translates to mean ‘a substitute’ or any other person acting in place of another. Even though this particular practice is deemed relatively novel, India has had an ancient affiliation with surrogacy. The practice of surrogacy has been widely mentioned in the Indian Mythology as ‘Niyog’ and was even a socially accepted and respected phenomenon. The surrogacy law in India has been a great matter of controversy as it was one of the very few countries in the world which allowed surrogacy to take place at a commercial...
Compulsory Licensing in the Age of COVID-19
Vol 1 Issue 3 (Special Issue)

Compulsory Licensing in the Age of COVID-19

INTRODUCTIONS: A ‘patent’ can be defined as the title granted to protect an invention, whether it may relate to a product or a process. This title grants certain exclusive rights to the patent holder. Yet, the exclusivity and monopoly provided by these rights can often lead to its misuse. The most common example of its misuse can be seen in the pharmaceutical sector, wherein the patented medicines are sold at exorbitant prices, thereby making them out of reach for large sections of the society. Therefore, in reply to such abuse of patents, there exists a solution in the form of compulsory licensing. A compulsory licence is most commonly defined as an involuntary contract between a willing buyer and an unwilling seller imposed and enforced by the State.[1] There are generally two kin...
Objectification of Women in Indian Advertisement: An Analysis
Journal, Vol 1 Issue 2

Objectification of Women in Indian Advertisement: An Analysis

INTRODUCTION Commercial Advertisement plays crucial role in selling consumer products, it gives valuable information to consumers in relating to products and so consumer can apply his mind to select his preferences. Indian advertisement market is ever booming, companies spend crores of money in promotions. However, most of the advertisements in India are objectifying women irrespective of whatever medium of communication. women are used to promote all kind of goods sometimes such goods are not even related to women consumers. Most of such advertisement are revealing body parts women in sexual manner, this not only reduces women’s dignity but also her self-esteem in the society and feel of being subjugated to men. such ads also against public morality and tend to corrupt the right-th...
Analysis of the Law Regarding Same-Sex Marriages, Civil Unions and Domestic Partnerships
Journal, Vol 1 Issue 2

Analysis of the Law Regarding Same-Sex Marriages, Civil Unions and Domestic Partnerships

SAME-SEX MARRIAGES Same-sex marriage is matrimony between two individuals of the same sex.. This is popularly known as gay marriage or homosexual marriage. To be objective about the role of dissension of laws in the treatment of same-sex marriage, it is helpful to start with tolerance for the views of both sides in the substantive debate over whether or not to permit same-sex marriage. .[1] The outlook about same-sex marriage in any particular country reflects the set of values accepted in that specific community. This is determined through one’s own political processes, constitutional amendments, statutes enacted, or by judicial decisions declared in the courts.[2] Predominantly, issues of family law that are, say, regarding marriage, divorce, and custody have generally been l...
Judiciary: An Essential Service
Journal, Vol 1 Issue 2

Judiciary: An Essential Service

INTRODUCTION: Coronavirus disease (COVID-19) is an infectious disease caused by a newly discovered coronavirus. Most people infected with the virus will experience mild to moderate respiratory illness and recover without requiring special treatment. Older people and those with underlying medical problems are more likely to develop serious illness. At this time, there are no specific vaccines or treatments for COVID-19. However, many ongoing clinical trials are evaluating potential treatment.[1] However, it is equally important to uphold the law since it plays a very fundamental role in society. Needless to say, this pandemic has not only posed threats to the working of the judiciary alone but almost all fields at various levels. A pandemic is undoubtedly a very unique challenge and ...
Lok Adalat, Legal Aid Services and ADR in India
Journal, Vol 1 Issue 2

Lok Adalat, Legal Aid Services and ADR in India

INTRODUCTION The Indian legal system is considered to be one of the oldest legal systems.  With the increase in the population of the country, there has been a simultaneous increase in its judicial affairs.  As time goes by, Indian courts are packed with many unsettled cases and the judicial system is falling back on providing speedy justice.  According to the National Judicial Data Grid (NJDG), there are about 3.7 million cases pending in the courts for over a decade in India[1].  To deal with such situations of pendency in cases, a mechanism called as the 'Alternative Dispute Resolution' was established. It plays a significant role in lessening the burden of the courts.  The Alternative Dispute Resolution is a mechanism in which the disputes between the parti...