Vol 1 Issue 2

1Oct By Dinesh KumarNo Comments

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...

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1Oct By Harshitha JayakumarNo Comments

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...

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1Oct By Samyuktha AnandNo Comments

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 ...

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1Oct By Naga SwethaNo Comments

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...

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1Oct By Harshitha JayakumarNo Comments

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...

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1Oct By Nikhila S.No Comments

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...

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1Oct By Harshita MahajanNo Comments

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...

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1Oct By Soundarya Mathavan and Rachel Florence J.No Comments

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...

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1Oct By S. Himanshu ParmarNo Comments

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...

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1Oct By Reshmitha G. SarmaNo Comments

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...

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1Oct By VaijayantheeNo Comments

Journal, Vol 1 Issue 2

International Law from the Lens of Legal Pluralism

INTRODUCTION Tracing back to the times when different laws existed in colonies, one for the subjugated and another for the colonial authorities, the term ‘Legal Pluralism’ found its origin. This concept, though at present recognised as universal, was once prevalent and associated with colonial systems. The colonial system sought to impose European legal system over the existing indigenous and local legal system in colonies. This has led to the pre-colonial states to still practice Common Law in addition to their customary and local law. In other nation states, though the legal system is portrayed as unitary, it consists of various systems of rules and regulations that coexist. Legal Pluralism refers to the coexistence of various laws in a single geographical boundary of a nation sta...

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1Oct By Naga SwethaNo Comments

Journal, Vol 1 Issue 2

Destitute Women And Widows – Are They Better Positioned In Our Country?

“The test of our progress is not whether we add more to the abundance of Those who have much; it is whether we provide enough for those who have too little.”Franklin D Roosevelt INTRODUCTION: Women in our country constitute approximately half of the entire population. Women are given the position of Goddess in this country but the problems faced by them are completely contradicting their position. On one hand, they are worshipped and on the other, they are considered inferior and are abused in endless ways.As India is a patriarchal society, women are given only secondary importance, and men are considered to be dominant when compared to women. Women in India are in a position where a peaceful social life is still a pipe dream. Gender discrimination, workplace harassment, dowry-relat...

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1Oct By Shagarika K. R.No Comments

Journal, Vol 1 Issue 2

Relationship between International Law and Municipal Law

INTRODUCTION: Understanding the connection between the two laws is crucial for understanding the relationship between international law and municipal law. The two systems are commonly known as distinct legal systems of rules and principles.[1]Foreign law is a collection of rules and acts relating to national behavior. In other words, international law is a set of rules that apply with the interaction of states. Municipal law, by comparison, is known as the country's constitutional statute. There are various necessities for understanding the difference between these two laws. The dualists or pluralistic theory states in terms of their source that the relations they regulate and their substance, international law and municipal law differ from each other. All laws vary innately as inte...

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1Oct By Prahalad B. and Viswanathan H.No Comments

Journal, Vol 1 Issue 2

Analysis of Obscenity Laws in India

 OBSCENITY: AN INTRODUCTION Obscenity exists in every nook and corner of society. Even in the historic times, there was difficulty to regulate the obscenity as it has various forms and it is an ever-changing and complex concept. It took centuries to find that obscenity cannot be confined into a single definition. Even today, due to the enormous technological development there is a difficulty prevailing in regulating obscenity laws. After a careful perusal of Section 292 of the Indian Penal Code (IPC), we can get a rough idea of obscenity as an act, utterance or an item, when it tends to deprive the minds of people in a lascivious or prurient way when they read, see or hear the matter contained in. Obscenity is a term that has a wider scope and cannot be confined to a single def...

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1Oct By Aarthi V.No Comments

Journal, Vol 1 Issue 2

An Overview of the Recent Developments in Arbitration (India)

INTRODUCTION Arbitration is the method of dispute resolution wherein a neutral third party, called the arbitrator renders a decision after giving both sides an equal opportunity to be heard[1]. The practice of arbitration in India can be traced back to as far as ancient and medieval times when subjects approached their kings to settle disputes amicably. Before the enactment of the 1996 Act, arbitration in India was governed by three different acts namely, the Arbitration Act of 1940 for domestic arbitration, the Arbitration Act of 1937 concerning Protocol and Convention, and the Foreign Awards Act of 1961. The three preceding arbitration laws proved extremely inefficient[2] in resolving disputes which led to the enactment of the Arbitration and Conciliation Act of 1996 to regulate...

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1Oct By Nakul MadhanNo Comments

Journal, Vol 1 Issue 2

Media: Misinformation, Misuse and Manipulation

“Journalism in India: Once a profession, now a trade.”Dr. Babasaheb Ambedkar INTRODUCTION Media and journalism are an integral part of any democratic nation and the presumption of it being considered synonymous with politics manifests the practice of each power-seeking political party needing its own media banner to thrive and survive. This practice is primarily essential for parties to mobilize votes and psychologically influence people. Media platforms, in pursuit of 'TRP'[1], fail to be responsible messengers and instead indulge in unethical and biased coverage of issues and trials. This gives birth to innumerable conspiracy theories and therefore, does not present to us the unfettered truth and transparency, which is the essence of democracy. Therefore, a regulating/censoring me...

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1Oct By Nikhila S.No Comments

Journal, Vol 1 Issue 2

Understanding Laws for Approval of Vaccines and Its Flexibility during Pandemics

INTRODUCTION : Corona is a large group of viruses that cause illness in humans and animals. Rarely, animal corona viruses evolve and infect humans and then spread within the human race as seen in the cases of MERS and SARS. The outbreak of novel corona virus disease (COVID-19), initially noticed in a seafood market in Wuhan city in China in mid-December, 2019, has now, spread to 214 countries/territories/areas worldwide[1]. World Health Organization has declared COVID-19 as a pandemic on 11th March, 2020. “At present, the therapies that are used to treat affected patients is based on a limited available evidence. As the situation evolves and when more data become available, the evidence will be accordingly incorporated”, says the government of India in the protocol released on June ...

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1Oct By Tanvi KankariaNo Comments

Journal, Vol 1 Issue 2

Hyperandrogenism

NATURE’S GIFT OR AN EVIL? Every year women in sports are hindered to participate in various sporting events because of HYPERANDROGENISM. Hyperandrogenism is a physiological medical condition in women, characterized by production of high levels of androgens, which maintains and develops male characteristics. The most common androgen is testosterone, which the sports fraternity has declared to give one additional strength and “unfair advantage”.[1] Hyperandrogenism is said to create an imbalance in the scales of fairness because of the added strength that is a consequence of the condition. However, this advantage is not synthetic, but rather natural. BACKGROUND: It all started with two famous cases[2] of hyper androgenic females who were restricted to participate in any national an...

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1Oct By Santhiya P.No Comments

Journal, Vol 1 Issue 2

Custody Of Legitimate And Illegitimate Children: The Mother’s Rights.

Custody of child shall be handed over to such a person who fosters him with care, love and affection.[1]- Honourable Justice Vinod Prasad 1. INTRODUCTION: Child custody is a term used in family law courts to describe legal guardianship of a child under the age of eighteen. Right of custody of their children is a major concern for women facing domestic exploitation. Owing to the fear of losing custody of their children, many women continue to live in vicious relationships bearing all sorts of ill treatment and are afraid of taking legal remedy to end the violence. Earlier the provisions of Hindu Minority and Guardianship Act (HMGA)prefer father as the natural guardian. Thus, there is a belief prevalent in society that the children belong to the husband and his...

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1Oct By Sri Sai KamaliniNo Comments

Journal, Vol 1 Issue 2

Aftermath of Surrogacy Amendment Bill, 2019

1. INTRODUCTION: Surrogacy is defined as “arrangement in which a woman agrees to a pregnancy, achieved through assisted reproductive technology, in which neither of the gametes belongs to her or her husband, intending to carry it to term and handing over the child to the person or persons for whom she is acting as a surrogate; and a ‘surrogate mother’ is a woman who agrees to have an embryo generated“[1] according to the ART bill. To put this is in simple words, a women’s womb, which is surrogate mother’s womb is used for pregnancy and she does not have any biological connection with the child. There are also certain issues which develop in certain countries when the surrogate mother gets emotionally attached to the child and does not give the baby back to the biological mother. The...

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