Copyright © 2021 - Ex Gratia Law Journal

Volume 1

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...
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...
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...
Analysing the Impact of COVID-19 on Wages and Salaries
Journal, Vol 1 Issue 2

Analysing the Impact of COVID-19 on Wages and Salaries

INTRODUCTION The worldwideCOVID-19 pandemic has largely affected India in various aspects. The first COVID-19 case was reported on 30th January 2020, which eventually increased to an approximate 250,000 existing cases nationwide. The official lockdown announcement for the entire nation was issued on 25th March 2020, from which the economy has seen a steep decline. This has caused huge destruction and may lead to the permanent damage of a large section of the Indian industry. The economy might to fail to recuperate if the government does not take reparatory measures. EMPLOYEE’S POINT OF VIEW During this pandemic, companies are ensuring the maintenance of their sustenance in the industry by cutting down manufacturing costs, by reduction of employee salaries and by laying their staf...
Understanding Surrogacy Contracts and Analysing the Ethical Issues Therein
Journal, Vol 1 Issue 2

Understanding Surrogacy Contracts and Analysing the Ethical Issues Therein

INTRODUCTION Surrogacy is a means through which intended parents who are unable to conceive due to various reasons, achieve the same by taking the help of a surrogate. In general, the surrogate carries the intended parent’s child in return for financial compensation. So, a surrogate is nonetheless a woman who carries the child for another woman or couple. Surrogacy is of two types, based on the method used. Traditional surrogacy, in which surrogate is inseminated by the sperm of the male partner of the intended parents, whereas in Gestational surrogacy, the surrogate is directly implanted with an embryo created by the sperm and egg of the intended parents themselves. In both the above-mentioned cases donor eggs and sperms can be used[1] . Generally, the surrogate, following partu...
The Case of TravelIndiaTimes & IndiaTimesTravel
Journal, Vol 1 Issue 2

The Case of TravelIndiaTimes & IndiaTimesTravel

A Case Analysis: Times Internet Ltd. v. M/S Belize Domain Who is Services Ltd. & Ors, CS (OS) NO. 1289/2008. BACKGROUND OF THE CASE Bennett Coleman & Co. Ltd., the promoters for the plaintiff[1], had entered the field of e-commerce, by developing an internet site called 'http.www.indiatimes.com'. The company offered various services such as internet shopping, online games, etc. along with its publications, through this website. The plaintiff had also registered the name "indiatimes.com" as a domain name, in 1996, which was valid till 2016. The trademark for 'travel.indatimes.com' was also registered in the name of the plaintiff company on 7th June, 2000. However, the plaintiff came to know that a domain named 'indiatimestravel.com' was registered and that the website did not...
Climate Refugees- The Refugees Our World Seldom pays Attention to
Journal, Vol 1 Issue 2

Climate Refugees- The Refugees Our World Seldom pays Attention to

Introduction: The crisis caused by Climate change has reached a defining moment in our times due to the lack of feasible solutions for the future to come. The earth has gone through a lot of changes in recent time especially on account of changes in the climate pattern. These changes have increased natural calamities like desertification, sea level rise and disturbed weather patterns which aren’t just abnormal, but compromise our secure livelihood resulting in climate refugees.[1] At instances like these which require immediate solution, these refugees may migrate to another country, or within their own country. In this article, the authors briefly address the neglected segment of refugees known as the “climate refugees” along with their legal status and some suggestions to overcome...
How Moratorium Affects the Economy?
Journal, Vol 1 Issue 2

How Moratorium Affects the Economy?

INTRODUCTION: "Moratorium is a legal authorization given to the debtors to postpone the payment of their debt". In lieu of Covid-19 (novel corona virus), the Government of India had imposed lockdown all over the country which led to the great fall in the economy. For the survival of our economy the Reserve Bank of India on 27th march, 2020 slashed Repo rate by 75 basis points and announced moratorium on all term loan instalments and credit card instalments for 3 months from 1st march to 31st may. This means, every borrower who opts for this relief need not pay any of their loan instalments or credit card instalments for those 3 months. Later it was extended till 31st August due to the extension of the nationwide lock-down. This article is going to take you through the process of how...
Nepotism – The New ‘N’ Word?
Journal, Vol 1 Issue 2

Nepotism – The New ‘N’ Word?

INTRODUCTION Nepotism, a term that has been on headlines, social media, and the talk of the town for a long time now. It is an issue that everyone shies away from talking and one blanket statement that everyone has to say about nepotism is that it is present everywhere. This article seeks to travel into the concept of nepotism and further introspect its existence in the judicial system as well. The author has also included some suggestions based on the history and cases in the conclusion. WHAT ACTUALLY IS ‘NEPOTISM’? The term ‘nepotism’ is not legally defined anywhere. But nepotism is defined as “the act of using power or influence to get jobs or unfair advantages for members of one’s own family.”[1] Further, in the world of business, nepotism is the practise or act of showing fa...