VOLUME I - ISSUE I

1. SEDITION LAW AND FREEDOM OF SPEECH AND EXPRESSION – INDIAN SCENARIO

Ms. Sanjana Dadmi (4th Year, Student, DSNLU, India)

Abstract: Sedition in India was introduced by the colonial regime of British to curb freedom movements. Even to this day and age, the law of sedition remains in a free and democratic country like India. Sedition has become a tool to silence the dissenters. People who merely criticize the government are being tried under this draconian law. Vague wording of Section 124A of Indian Penal Code which punishes seditious acts is being misused to curb any sort of criticism against the acts of the Government. The authors argue how the sedition law violates the most basic rights such as right to life and the sedition law grossly violated other fundamental rights enshrined in the Indian Constitution especially Article 19. The government has time and again misused 124A of IPC so as to not have any opposition. In light of the current incidents in India where many dissenters have been charged with sedition, the authors argue that the law of sedition is an out-dated provision and needs to be done away with for a democracy to function effectively. There are already existing laws in Indian Penal Code as well as other special statutes which punishes incitement or abetment of an unlawful act of violence.

Keywords: Free Speech, Dissent, Misuse by government, populism, Out-Dated

Page: 01-12

2. BETTING AND GAMBLING IN INDIA: COULD IT BE LEGALIZED?

Shubham Mishra and Geetika Gupta (5th Year, Students, Rajiv Gandhi National University of Law, Punjab, India)

Abstract: Many a times we come across the saying that ‘Cricket is not a sport but a religion’ and it seems true particularly in the South Asian Subcontinent where cricket is followed religiously and its players are treated at par with gods. However, like every religion in this world, the religion of sports has some corrupt practices too and one of them being betting and gambling which is the most rampant one today. It needs to be understood that betting and gambling are not something which have origins in modern era but dates back to early human civilization hence it  become significant to inquire the status quo of such activities in the early periods of India. This article will divulges into the question whether it is a game of skill or chance in the context of various Supreme Courts judgments and the importance of such a distinction. The article then looks into the various governing laws on these activities beginning from the Grundnorm to various state enactments on the same. The author have finally thrown some light on the need to regulate betting related activities and added advantages with it after extensively analyzing the stand point of the various committees established time to time to look into the possibility of legalizing or regulating betting.     

Keywords: Gambling, Grundnorm, Betting, SC, Governing Laws

Page: 13-25

3. DEVELOPMENT OF INTELLECTUAL PROPERTY LAWS IN SOUTHEAST ASIA

Nandita Mishra & Jyotika (4th Year, Students, Chanakya National Law University, Patna, India)

Abstract: Intellectual Property Rights (IPR) is a subject of eminent importance in today’s era. With the increase in the trans-national age, protection of the ideas and creativity becomes immensely important from the point of view of trading. ASEAN Framework Agreement on Intellectual Property (IP) Cooperation followed up a year after the conclusion of the Trade-related Aspects of Intellectual Property Rights (TRIPs) Agreement of the World Trade Organization (WTO) in 1995. The Framework Agreement was ratified by 9 Member States. This research discusses the developments made after the enactment of the Framework Agreement in the ASEAN member and how far has the same been successful in harmonizing IP laws the ASEAN expanse. It remains to be seen whether the fast-paced development of IP laws in the ASEAN region has mainly been driven by the ASEAN Framework Agreement or has it only acted as a broader time frame for these countries to comply with the TRIPs Agreement.   

Keywords: ASEAN, Framework, Agreement, IPR, Principles

Page: 26-38

4. MAPPING COPYRIGHT LAWS ACROSS THE WORLD: WHERE DOES INDIA STAND?

Akash Krishnan & Kushagra Gahoi (4th Year, Student, ICFAI LAW SCHOOL, Hyderabad. India)

Abstract: I’ll be back! Unless you live under a rock, you probably must have heard or seen this iconic dialogue. It is from the world-famous science fiction film, “The Terminator”. What the movie is also known for is the display of fancy machines, apocalyptic world, and, of course, revenge and killings. But are these things exclusive to this movie franchise? Have these elements never been copied in any other movie? The obvious answer to these questions is no. The things mentioned here are also present in The Blade Runner franchise starring Harrison Ford and many more. So how does this work? What is Copyright? Copyright is a type of intellectual property protection granted under Indian law to the originators of the works of authorship such as literary works, artistic, musical and dramatic works, cinematographic films and sound recordings. So the difference above was that the idea was similar but the expressions were different and copyright protects expressions and not ideas. Copyright refers to the bundle of rights given by the law to the creators of literacy, artistic works, dramatic, musical, and the procedures of cinematograph films and sound recordings. The rights provided under copyright law include the rights of reproduction of the work, communication of the work to the public, an adaptation of work, and transportation of work. The scope of Copyright covers within it all kinds of literary works, dramatic works, musical works, artistic works, cinematographic films, sound recordings, however, for protecting brand names, logos, discoveries or other such assets, the person has to apply for either a trademark or patent. The ambit of copyright extends only to those novel uses of the brain, the product of which are result of an artistic nature.  

Keywords: Copyright, Films, Protection. Ambit 

Page: 39-51

5. STRENGTHENING THE HEALTHCARE SYSTEM IN THE POST-COVID PERIOD : THE ROLE OF MEDIA

Dr. Trisha Dowerah Baruah (Bhupen Hazarika School of Mass Communication & Krishna Kanta Handiqui State Open University India)

Abstract: The present pandemic situation has disrupted the normal functioning of the day-to-day affairs. Its impact has been felt across all the sectors of the country be it education, industries or healthcare. Even though the government has been working round the clock for minimising the irreversible damage done to the economy, yet a lot needs to be done while battling inadequate healthcare officials and resources. Herein, come the role of the media which provides a window to the world of health and hygiene. Media is often said to be the fourth pillar of democracy and as such its role as an agent of change and development redoubles when it comes to the question of sensitizing the people on the issue of healthcare. More specifically online media have had a relatively bigger presence when it comes to providing news and information related to any health issue. In the case of Covid-19 too, a number of online materials are readily available to the common masses who can access it at the click of a mouse. Most of the news provides links to various international bodies and healthcare departments/organisations like WHO, Ministry of Health and Family Welfare, UNICEF which have set aside a bunch of guidelines for the people to follow.  A lot of technological interventions have been at the forefront for handling such crisis situations. Robots, drones, Artificial Intelligence , Health sensors and Apps etc. have been used extensively the world over to combat the growing incidence of the covid-19 pandemic. This is basically said to be the era of telemedicine (digital healthcare) with many hospitals making use of this platform to counsel and treat the patients. This paper would basically look into the prospects of developing digital healthcare and the importance of health communication whereby important issues pertaining to health and hygiene are broadcast or published through different channels of communication.

Keywords: Media, Health Communication, Covid -19, Healthcare 

Page: 52-62

6. THE NEED OF AMENDMENT TO ENHANCE THE UTILITY OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

Kumar Raushan (2nd year, Student, B.B.A, LL.B (Hons.), Chanakya National Law University, Patna, India)

Abstract: In a country like India, domestic violence is not a new issue. Its existence is perpetual and, the imposition of lockdown has given the perpetrators the green signal to hunt their prey. The evidence of which can be traced from the increased number of reporting through calls and emails.  In this article, the author has analysed the current scenario of domestic violence. It further takes into account international treaties. The author has scrutinized the loopholes it offers to the perpetrators and also the hurdles faced by the person who has been subjected to domestic violence. The article explicitly mentions the challenges faced by a woman because of the prior conditions that she has to fulfil before seeking relief under this act.  The author has highlighted the plight of a woman who is living in live-in relationships and the woman who is a concubine. The arguments have been strengthened by the observations of the court. The views of the court have been taken into account over the ineffectiveness of the provisions and the lack of legislation to cover those women who are deprived of such protection under this act. The article also explicitly mentions how it is discriminatory against lesbians in providing protection under this act and, mentioned the international and national laws which restrict such discrimination. After the conspectus of the issue, the author has provided solutions to tackle such problems effectively and render protection to all the women in society.

Keywords: Lockdown, Domestic Violence, Domestic-Relationship, Aggrieved-Person, Live-In Relationship, Same-Sex Relationship

Page: 63-73

7. THE WORKING OF TRIBUNALS IN INDIA

Abhikaran Deo Agarwal (3rd Year, BALLB, Student at Jindal Global Law School, India)

Abstract: Tribunals constitute an essential part of the judicial system in India. It came into effect pursuant to the 42nd amendment and has received many challenges since. This paper assesses the working of a Tribunal, indicating its fundamental differences from a Court. It analyses the parent act which brought the Tribunal system into action stipulating the constitutional challenges regarding the applicability of the same. It further analyses the landmark judgements which highlights the issues faced by the judicial authority while adjudicating upon matters related to constitutionality of the Act authorizing the exclusion of Courts in exercising their power of judicial review in the light of Article 323A. The Supreme Court has tried to demarcate the powers of both the Courts and Tribunals, indicating the importance of Tribunals in India and purpose it seeks to fulfil. The Tribunals were primarily set up to reduce the burden on the Courts and ensure speedy disposal of cases. However, the paper would argue that the number of pending cases is constantly on the rise with the tribunals creating their own set of pending cases. Despite the constant struggle of present judicial system, the Tribunals constitute an essential part of the Judiciary and has come a long way since independence. This paper precedes to analyses the relevant position of law pertaining to the Tribunal system in India, highlighting it issues and offers certain recommendations for the same.

Keywords: Tribunals, Courts, Constitution, Analysis, Recommendations

Page: 74-82

8. THRESHOLD INCREASED UNDER IBC: A NEVER-ENDING CONFLICT OF INTEREST BETWEEN STAKEHOLDERS

Summi Singh (Student, Maharashtra National Law University, Mumbai, India)

Abstract: Insolvency and Bankruptcy Code, 2016 was enacted on 26 May 2016, with the prime objective of reorganization and insolvency resolution of corporate persons in a way that could maximize the assets of the companies and balance the interest of all the stakeholders. Since the enactment of the code, the code has seen around four legislative amendments and ten notifications which has changed the code vividly.  However, the article is about the latest amendment made on 24 March 2020, under section 4 of the code. The amendment is notified as a relief for many small enterprises that are facing huge fatalities due to this novel coronavirus. The amendment is an increase in the threshold limit of default for initiation of the corporate insolvency resolution process (CIRP). Though the central government states that the amendment is the relief provided in the corporate sector, the article examines how effective is this amendment is and for whom. The article is mainly divided into three heads; firstly, it is about the duration of the amendment as it comes amid COVID-19. Thirdly, what sections are there that are being affected by this amendment, how they are affected, and to what extent. And lastly, does the amendment bringing any change at the present point of time or it is just making more hurdles. Also, the article discusses the purpose and objectivity of the code and does the amendment is in line with them, or is it against them.

Keywords: IBC, CIRP, COVID-19, Stakeholders, Conflicts

Page: 83-88

9. ROLE OF E-LEARNING IN THE ENHANCEMENT OF TEACHING SKILL

Shilpa Sethiya

Abstract: The objective of this study is to develop the teaching skills through e-learning process.

 E-learning plays a power full role in enhancing the teaching skills.

A lot of effort is not needed for furthering the work methods and communication among students and teachers, aimed at bettering the quality of this kind of studying.

E-Learning course are specifically delivered via the internet to somewhere other than the classroom. It is interactive, in that you can also communicate with your teachers, professors or other students in your class same as offline classes. Sometimes it is delivered live, where you can “electronically” raise your hand and interact in real time and sometimes it is a lecture that has been pre-recorded.  This study reviews literature and gives a scholarly background to the study by reviewing some contributions made by various researchers and institutions on the concept of e-learning, particularly its usage in teaching and learning in higher educational institutions as well as schools.

Keywords: E-learning, Teaching skills.

Page: 89-98

10. IMPACT OF USE OF ARMED DRONES ON HUMAN RIGHTS

Dr. Nandita N. Gaikwad (Assistant Professor, Govindrao Wanjari College of Law, Nagpur, Maharashtra, India)

Abstract: The use of armed drones outside the battlefield has become a controversial feature of the 21st century. There use is not unlawful under international law. The outcome of a drone attacks is the risks of civilian’s human rights and especially the right to life. It is the troubling feature of drone attacks. It has posed a new challenge to the protection of human rights. The strike does not hear the cries of the civilians dying on the ground. It violates international human rights law. This article argues that drones strike for target killing in other state violates the right to life the fundamental part of human being and human rights.

Keywords: Armed Drones, Human Rights, Right To Life, Target Killing, International Human Rights Law.

Page: 99– 109