Copyright © 2020 - Ex Gratia Law Journal

Vol 1 Issue 3 (Special Issue)

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...
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...