Copyright © 2020 - Ex Gratia Law Journal

Volume 1 Issue 1

CSR as a Helping Hand to Combat COVID -19
Journal, Volume 1 Issue 1

CSR as a Helping Hand to Combat COVID -19

1. INTRODUCTION: Corporate social responsibility herein after CSR is a term used to define a firm’s efforts to expand community in some possible means. These efforts can array from contributing money to non-profits by employing ecologically friendly strategies in the factory. The purpose is to develop the society along with the corporation growth. Earlier CSR was done as a charity by huge firms but now it is been made mandatory for all companies especially private firms under Section 132 of Companies Act, 2013. This article details on CSR during COVID -19 pandemic, regulatory changes made by the Government and how organisation augment CSR efforts during this pandemic. 2. ORIGIN AND DEVELOPMENT OF CSR IN INDIA: India has the world’s ironic practice of Corporate Social Responsibili...
The Emerging Importance of Force Majeure Clause in Commercial and Insurance Contracts Post Covid-19
Journal, Volume 1 Issue 1

The Emerging Importance of Force Majeure Clause in Commercial and Insurance Contracts Post Covid-19

INTRODUCTION: The novel corona virus which is declared as a ‘pandemic’ by the World Health Organisation has created a massive and unexpected mutilation to the mankind as a whole.  It is considered to be the most dangerous health calamity faced by the humankind since the World War II.   Its rapid spread around the world have put the social, economic and financial lives of the people in a great peril. The declaration of nation-wide lockdown has stalled various sectors of the economy from its progress.  It has created an adverse impact on the domestic and international trade and has affected the supply chain as a whole, as a result of which there has been a delay in the execution and performance of ‘contractual’ obligations.  Be it the construction contracts or ma...
Transforming Epithets of Constitutional Morality in India
Journal, Volume 1 Issue 1

Transforming Epithets of Constitutional Morality in India

“The Constitution of a country is written in blood, rather than in ink”Laurence Henry Tribe 1. Introduction The facets of India’s Constitution have been put to test a number of times, including the “basic structure test” in Keshavanandha Bharathi,[1] “manifest arbitrariness test” in ShyaraBano,[2] and the “reasonable classification test” in a plethora of cases including the Indira Swahney case.[3]The recent addition to these judge-made innovations is the test of ‘constitutional morality’ that has been a matter of heavy criticism in several controversial judgements, including the cases of Sabarimala[4] and Navtej Singh Johar.[5]This doctrine has become a concern of scholarly parley, especially after the Attorney General of India, K.K. Venugopal, was extensively reported in the press ...
Law to Combat the Brazen Display of Xenophobic Attacks midst COVID-19
Journal, Volume 1 Issue 1

Law to Combat the Brazen Display of Xenophobic Attacks midst COVID-19

 Prelude: The term “xenophobia” literally means “the intense dislike or fear of strangers or people from other countries”. Although the terms racism and xenophobia overlap they are different phenomena. Racism is discrimination based on physical characteristics such as skin tone, facial features, and hair type, etc. while xenophobic behaviour and attitudes are based on the fact that the other is a foreigner or the perception that the other originates from outside the community, society or nation.[1] The history of xenophobia traces back even before the World War II where the Japanese-Americans and Japanese-Canadians were segregated from the population especially after the bombing of Pearl Harbour by Japan in 1941 followed by Rwandan ethnic cleansing; hate crimes committed against C...
Emerging Trends in Cross Border Mergers
Journal, Volume 1 Issue 1

Emerging Trends in Cross Border Mergers

INTRODUCTION: In the past decade, the world had seen several improvements in the modes of which information is spread. Although what aided in such growth? The removal of old norms and communication to the outside world has provided with information of what exists outside the national borders. With such information and technology in use, a company may desire to merge with or acquire other private entities across the world. These decisions lead to cross border mergers and acquisitions.  The question as to why such mergers and acquisitions take place can be answered in two parts. One is to merge the functions of the companies that are involved as there can be certain components that are projected as compatible. Examples include company culture and the connection that can be made with...
Sports as a key to unlock Gender Equality and Women Empowerment
Journal, Volume 1 Issue 1

Sports as a key to unlock Gender Equality and Women Empowerment

INTRODUCTION: Women were always considered to be the weaker sex of the society. They were expected to be at home rather than playing in the fields. The society always had a stereotypical view based on their physical appearances and capacities. Inequality and gender discrimination in sports has long been a debatable subject due to discrimination concerning pay, viewers watching numbers, and the total array of prospects that is present amid men and women in the field of competitive sports. Gender discrimination is still a matter of debate in today’s world. People still watch men’s football than women’s, and women’s football is seldom telecasted by the media. This article discusses about the existence of discrimination and inequality in sports against women and how sports can empower wome...
Necessity of Menstrual Leave Policy
Journal, Volume 1 Issue 1

Necessity of Menstrual Leave Policy

INTRODUCTION: India is turning into a very progressive nation considering the many; be it the new laws, inventions, or great achievements. India is one of the greatest countries and is looked at as an example by many for diversified reason. The contribution and success of women in India has undoubtedly proven the versatility and progressive attitude of the country. This proves why India has always been personified as a goddess. Sadly, the feminine gender has always been a prey to maltreatment. In context, menstrual cycle has always been a topic of taboo. Before the existence of some of the most common laws, women have faced ill-treatment, especially during the days when they are menstruating. A recent instance referring to this happened in a girls’ college where menstruating women were...
Privacy Concerns in the Zoom App. and Its Usage at the Time of Pandemic
Journal, Volume 1 Issue 1

Privacy Concerns in the Zoom App. and Its Usage at the Time of Pandemic

1. INTRODUCTION: The Zoom app is one of the marvellous creation which has helped to connect families and to conduct office meetings, host webinars, to conduct online classes and for various other purposes at this time. There are certain countries like Taiwan and Singapore which has already banned the app in their country.[1] There are many users in our country especially considering the fact there was eighteen percent total download from India in the entire usage followed by the United States in April. [2] Thus it is an alarming situation where the privacy and security of the users are in stake, The app developers have come with various updates and modifications to make the public and users believe the app is safe, which is not reliable. The Ministry of Home Affairs (MHA) has sent a ...
COVID and Child bereavement – A Socio Legal Apprehension
Journal, Volume 1 Issue 1

COVID and Child bereavement – A Socio Legal Apprehension

1. INTRODUCTION: The lockdown due to Covid-19 or corona virus pandemic have not only resulted in economic imbalance in our nation but also resulted in social and legal downfall. Children being accustomed inside the house all day tend to attend online classes and play online games. This encourages the online predators to victimise children at higher rates, in turn these children are both domestically and virtually abused.This paper confers how the young minds are mishandled and ways to be adapted to overcome such difficulties. 2. CHILD ABUSE AND ITS FORMS: A harm is any detrimental effect that destroys the physical, emotional or psychological well-being of the child. The Child Protection Act,1999 majorly focuses on the effect and impact of the child which is abused, rather th...
A brewing storm behind closed doors: Increasing domestic violence during Covid-19; a Human Rights perspective
Journal, Volume 1 Issue 1

A brewing storm behind closed doors: Increasing domestic violence during Covid-19; a Human Rights perspective

1. AN OVERVIEW: While all borders were sealed and cities were bracing to go under intense lockdowns, somewhere, feeble yet desperate cries resounded for help in the darkness. These voices dreaded not the virus more, but were dreading the implications the lockdown would bring forth for them at home. Abused, either physically or mentally, these voices who could at least seek help before were now confined within the four walls and were forced to live with the perpetrators. This has led to a mixed trend throughout the country. Wherein some states reported a spike in the complaints, others indicated a decline in the number of domestic violence cases reported.[1] When the entire nation was battling an unknown virus, many of these victims were left to battle known violators. Although graph...
Gender Pay Gap: How Are Women Affected?
Journal, Volume 1 Issue 1

Gender Pay Gap: How Are Women Affected?

1. Introduction: Gender pay gap is defined as the difference in the average gross hourly earnings of female and male. In addition to highlighting the gender-based inequality in the professional world, it also serves as a means to monitor progression. According to the International Labour Organization (ILO), wage inequality is the highest in low-income countries.[1]Gender wage gap is a socioeconomic malice that is a barrier to social justice.India currently stands at rank 112 in the World Economic Forum’s Global Gender Gap Index 2019-20. It is pertinent to note that the country has fallen 4 places from its 2018 rank.[2]The stubborn inequality in the difference of wage persists in all countries and across all sectors. Working women in India, account for 24% of the total population of the...
Female Foeticide: A Current Analysis
Journal, Volume 1 Issue 1

Female Foeticide: A Current Analysis

1. Introduction: Female Foeticide is the procedure of abortion to terminate the female fetus from the womb of the mother before the birth of the child by taking a sex recognition test outside legal methods. There are many methods, ultrasonography, fetoscopy being the most popular ones. Usually the termination can be done between 14-18 weeks of pregnancy. Since these methods are cheaper and easier this has lead to the tremendous increase in female foeticide. According to the Hindu Religion and other religious scriptures a man will not be able to attain moksha if his son does not light his funeral pyre. It also mentions that if a woman gives birth only to girl children she will be left behind in the 11th year of marriage. This religious belief of the Hindu religion has given more emphasi...
Foundational Principles on which CEDAW functions: An analysis on the ‘Convention on the Elimination of all forms of Discrimination Against Women’
Journal, Volume 1 Issue 1

Foundational Principles on which CEDAW functions: An analysis on the ‘Convention on the Elimination of all forms of Discrimination Against Women’

1. An Introduction to the Basics: 1.1. What is the CEDAW? The 'Convention on the Elimination of all forms of Discrimination Against Women', popularly abbreviated as CEDAW, is an International Human Rights treaty which focuses on women's rights and women's issues worldwide. In consideration to one of the United Nation's purposes to promote universal respect for human rights and fundamental freedoms without distinction of any kind, including discrimination as to sex, the CEDAW Convention opened for signing, ratification and accession during the 34th session of the UNGA.[1] Originally adopted in 1979, it is an international bill of rights for women and an agenda calling for action from states. Most countries around the world have signed the CEDAW Convention, meaning they are now obl...
A New Reign: Personal Guarantors Under IBC
Journal, Volume 1 Issue 1

A New Reign: Personal Guarantors Under IBC

The increase in competition and increased requirement of funds is a battle that companies fight every day. In this fight, any irrecoverable debts will be considered a burden on the business of Micro, Small and Medium Enterprises (MSME). To avoid all this tension, the Insolvency and Bankruptcy Code came into effect on 2016, sighing relief to all the MSMEs. The IBC law has untangled the process of landing up with respect to companies which was earlier disintegrated due to abundance of statutes and forums. One of the major intentions of the Code is to sanction the creditor where the latter can recover the dues through CIRP- Corporate Insolvency Resolution Process or through liquidation of reverting debtor entries. In December 2019, IBC made an amendment that brought personal guarantors into ...
The Digital War- Ban on Chinese Apps
Journal, Volume 1 Issue 1

The Digital War- Ban on Chinese Apps

1. INTRODUCTION: India and China have been in conflicts from the early 60s which lead to the Indo – China war which resulted in a huge loss of lives and property. The Indian army was defeated by the Chinese troops and various military reforms were taken aftermath of the war. After the Indo – China war, the diplomatic and trade relations were co-ordinal between the nations. In the early 90s, the two sides signed the Sino – Indian Bilateral Peace and Tranquility Accords, which is an agreement made by the nations to maintain peace and harmony along the Line of Actual Control ( LoAC ). Later, many instances lead to face-offs between the troops but they were resolved. The recent incident in the Galwan Valley leads to higher tensions and there was a higher possibility of war between the nati...
Geographical Indication – A Study of Kanchipuram Silk
Journal, Volume 1 Issue 1

Geographical Indication – A Study of Kanchipuram Silk

1. Introduction: In India, the Geographical indication of Goods (Registration and Protection) Act, 1999 was enforced on September 2003 and section 2(e) defines GI .A geographical indication [GI] is a sign used on goods primarily which are natural, agricultural or manufactured product (industrial goods and handicrafts) which are originated in a specific area and possess a reputation which gives impression of that place of origin. Generally, a geographical indication involves the name of the place of origin of those goods as there is a link between the product and the place of belonging. GI laws protect the product from being copied in any way elsewhere and is used as a certification of its quality. Though registration under the act is not mandatory, it provides relief from infringement ...
Trade Secrets: The Concealed IP Right
Journal, Volume 1 Issue 1

Trade Secrets: The Concealed IP Right

I. INTRODUCTION The global economy is trending towards an era of protectionism and it can be inferred from policies such as Make America Great Again and Make in India, thereby increasing the significance of exports. As a result, the significance of Intellectual Property ('IP') protection also heightens due to the need for extending such exports for its proper commercialization.[1] Trade secrets can be defined as unpublished business information providing a competitive edge to the business. It can be secrets relating to manufacturing, industrial, or commercial sectors. The application of such information by a person, other than the proprietor, without permission, is considered unfair practice and an infringement of trade secrets. The concept of a trade secret is very broad in scop...
Prevention on Sexual Harassment at Workplace and Gender Neutral Approach
Journal, Volume 1 Issue 1

Prevention on Sexual Harassment at Workplace and Gender Neutral Approach

Throughout the years, India's dynamic workforce saw a noteworthy ascent in ladies workforce, anyway the issue of Sexual Harassment of women at workplace stayed unacknowledged and unregulated until 1997, when the Supreme Court in its Landmark Vishaka Judgment[1], for the first time, recognised sexual harassment of women employees at the workplace as a human rights infringement. The Supreme Court in its milestone Judgement while reaffirming sexual harassment is a type of discrimination against women & violates the constitutional right to equality, right to life, right to live with dignity, right to practice or to carry out any occupation, trade or business as guaranteed under Articles 14, 15, 19(g) and 21 of the Constitution of India it likewise set down rules characterising the express...
Role of Mediation in Divorce
Journal, Volume 1 Issue 1

Role of Mediation in Divorce

It is the spirit and not the form of law that keeps the justice aliveLJ Earl Warren Introduction The concept of conflict resolution through Alternative Dispute Resolution (ADR) is a mechanism adopted to resolve conflict in a non-adversarial manner. A dispute is basically ‘lis inter partes’, i.e. legal suits between parties. A dispute among a married couple can be any issue, from a small one to a big one. Sometimes,one feels that there is a huge problem, but in reality it’s not a big issue, it’s just two partners creating an issue out of lack of trust, care, respect and in major case due to cruelty. In such cases judicial separation is only viewed as a solution. In such cases, Mediation is one of the frequently used methods of negotiating a divorce settlement. Mediation allows the...
COVID-19 Lockdown and Human Rights of Migrant Labourers
Journal, Volume 1 Issue 1

COVID-19 Lockdown and Human Rights of Migrant Labourers

They may have saved some lives with this corona virus lockdown, but they didn't think about usSahu (one of an estimated 100 million internal migrants in India) Introduction The Nationwide lockdown has directly impacted the livelihoods of a large proportion of the country's nearly 40 million internal migrants. Most of the migrant workers were daily wage earners and lack of public transport facilities made them walk back to their villages on foot several hundred kilometres away. This perilous journey under the scorching sun became the cause for some of the deaths and few died in road and rail accidents. Many State Governments have planned to provide food and shelter to migrant workers who were stranded in railway stations but on the other hand, this Covid-19 crisis has magnified th...