South Asian Law & Economics Review (SALER) is an annual, peer-reviewed e-journal that explores the relationship between law and economics. With ISSN: 2581-6535, SALER provides a platform for scholarly research on contemporary issues at the intersection of legal frameworks and economic policies. The journal covers a wide range of topics without being limited to any particular subject area or country. The primary objective of SALER is to promote research that examines how laws, legislation, and legal principles impact economic systems and financial structures. By encouraging interdisciplinary work, SALER fosters a deeper understanding of how legal frameworks shape economic outcomes. The journal welcomes submissions from researchers worldwide, as long as their work aligns with the core theme of law and economics.
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Revisiting US – Shrimp: Unveiling the Ambiguity Surrounding Evolutionary Interpretation and the Complexity of Unilateralism
In the complex world of international trade, decisions rendered by adjudicatory bodies, including the Appellate Body (“AB”) of the World Trade Organization (“WTO”), hold a significant position in ensuring a balance between the competing interests of Member-states. Among these decisions, the case of US – Shrimp has been celebrated as an achievement in recognizing environmental protection alongside free-trade objectives of the WTO. However, it comes with its shortcomings. This paper embarks on a critique of the judgement on two grounds. First, it questions the application of evolutionary interpretation and its implications using the oversight of the AB as a starting point to highlight the flaws inherent in its use of the tool. Second, it explores the controversial aspect of allowing extraterritorial unilateral measures, the intrinsic element of coercion, which is often glossed over, and how such measures disproportionately affect Southern countries. By dissecting these issues, the paper sheds light on the complexities of the concepts referred to in the judgement that require to be addressed, lest they shall have untoward ramifications in WTO jurisprudence, and invites scholarship to sufficiently address or potentially rectify the fallacies by considering the broader implications of the judgement on the balance between unencumbered international trade and environmental conservation.
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Matrimonial affairs are matters of delicate human nature and emotional relationship as they demand mutual trust, regard, respect, love and affection with sufficient play for reasonable adjustments with the spouse, while conforming to the social norms as well. With consideration to the contemporary norms and changed social order, the matrimonial conduct has been governed by various statues. Cruelty is ground for matrimonial relief under all the matrimonial law statues in India. It is not possible for the legislature to enumerate all acts amounting to cruelty or to put cruel conduct into any strait jacket formula. Cruelty has not been defined and that explains the general legislative policy, to avoid such definition and leave it to the courts to interpret, analyse and define what would constitute cruelty in a given case depending upon many factors such as social status, background, custom, traditions, caste, community, upbringing, public opinion prevailing in the locality, etc. This enables the courts to adapt such a meaning of cruelty that it suits the changing societal values and more. What is considered as cruelty today was not construed as cruelty a few decades back, and acts which may not constitute cruelty today might be construed as cruelty after a few years. The cruelty must be such that spouse cannot reasonably be expected to live with the other or living together of the spouses has become incompatible.
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LEGALITY OF THE ALGERIAN MASS EXPULSIONS UNDER THE INTERNATIONAL FRAMEWORK
Algeria for the vast majority of its history has been an important transit point for migrant’s looking to move from Sub-Saharan Africa towards Europe. Algeria shares its borders with Mali and Niger towards the South, with Libya and Tunisia in the East, and Morocco lies at its western border. This geographical location makes it a hub for migrant activities with most of the migrant flows towards Europe using this channel to transit across Africa and on to the Mediterranean Sea. The number of migrants coming into Algeria has steadily progressed since the civil war ended in 2002 and there are some 100,000 migrants from sub-Saharan Africa living in Algeria at any given time.1 Recently it has gained importance as a transit country for migrants looking to move towards Europe ever since stricter border control has been enforced in neighboring Libya, which was previously the migrant hub. Many migrants who do not have money to cover the cost of their travel towards Europe often stop and live for indefinite periods of time in Algeria and Morocco. While Algeria has gained due to the cheap labor and economic benefits these migratory trends provide, it has not always been smooth sailing.
THE CRITICAL ANALYSIS OF THE COMPETITION LAW IN INDIA: WITH SPECIAL REFERENCE TO THE ABUSE OF DOMINANT POSITION
Dominance in law implies that a firm has a high degree of immunity from the normal disciplining forces of rival’s competitive reactions and consumer behavior .on the other hand, dominance as an economic concept is associated with the notion of market power. The Indian Competition Law, the Competition Act of 2002, like other modern competition laws covers agreements, abuse of dominant position and mergers. Under the Competition Act of India, section 4 deals with Abuse of Dominance or dominant position by an enterprise or a group. The ultimate concern of the competition law is about market power and its abuse. The Law of Competition in India seeks to ensure fair competition by prohibiting trade practices which cause appreciable adverse effect on competition in markets within India. Market power is used to mean the ability of enterprises to raise price above the level that would prevail under the competitive conditions. The Competition law prohibits the use of market controlling position to prevent individual enterprises or a group from driving out competing businesses from the market as well as from dictating prices. The concept of abuse of dominant position of market power refers to anticompetitive business practices in which dominant firm may engage in order to maintain or increase its position in the market. Theoretical Research methodology has been used in this paper to conduct the study. This paper includes a study on what is dominance in market and how this dominant position is abused it also deals with collective dominance and the concept of predatory pricing.
DIGITAL BLACKOUT: INDIVIDUAL RIGHTS v COLLECTIVE SECURITY
Over the last couple of years, several governments have extensively used network interruptions and shutdowns as a pervasive means of information control. State governments in India are issuing network shutdown orders so frequently that the country has become an international hotspot for the digital blackout. But such network disruptions and blackouts encroach into the fundamental rights of human beings. The present research work investigates the overall understanding of network shutdowns or digital blackouts across India and looks over the national and international laws and policy frameworks sponsoring blackouts. This research work also considers the spread of digital blackout cases in India in the period 2015 – 2018 and explores the intentions behind such disruptions. Furthermore, the issue research work critically analyses the impact of digital blackouts on the freedom of expression, association and peaceful assembly; the right to equality and digital division; the right to life; economic rights; the right to education and the right to religious belief. Finally, the research work submits propositions for the multi-stakeholder community to uphold a plausible equilibrium between larger facets of fundamental rights and safeguards for national safety and security.
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Criticisms of Law & Economics Approach: The Perils of Indian Reality
This paper critically examines the application of Economic Analysis of Law (EAL) in the Indian legal context, focusing on two main criticisms: the reliance on market practices and the limitations of empirical and rational analysis. EAL, popularized by Richard Posner, emphasizes the efficiency of legal rules and institutions through economic theories. However, the paper argues that market-driven solutions can deepen societal divides, especially in a country like India with significant economic disparities. Drawing on Michael Sandel's critique, the paper questions the appropriateness of applying market incentives to social issues and highlights the potential negative consequences, such as reinforcing class divisions. Additionally, the paper challenges the exclusive reliance on empiricism and rationalism in EAL, asserting that data and figures may oversimplify complex social realities. Using examples like reservation policies and the Sardar Sarovar Dam, the paper illustrates how purely economic analysis may overlook historical injustices and systemic discrimination faced by marginalized groups. The conclusion emphasizes the need for a balanced approach that considers socio-cultural factors and recognizes the limitations of market-driven solutions. The paper contends that while EAL offers valuable insights, its application in India requires a more nuanced understanding of the socio-economic landscape, cultural diversity, and historical context to ensure legal solutions align with principles of justice and inclusivity.
Economic Impact of India’s Transition to Net Zero
India is one of the fastest developing countries in the world and the fourth largest global emitter (Bhattacharya 2022), as per its international alliances and treaties, it must reduce its emissions by a significant amount. Net zero emissions by 2070 is a target announced by the Indian government at UN Climate Summit COP26 on November 1, 2021. Since then, India has taken various steps through the introduction of vast policies to achieve the same. While encouraging the adoption of greener sources of energy and adoption of energy efficiency, India is also trying to reduce its emissions. In the short run, prices of commodities produced by industries dependent on the use of fossil fuels may rise and due to the high capital and operational cost, these industries might even close down completely. This would lead to a loss of employment and decreased economic activity. The economic effect of such policies is that in the long run, they would prove to be beneficial by cutting down costs to businesses and consumers and generating employment. Thus, driving up the GDP. Bhutan sets an example as the only developing country to reach carbon neutrality.
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Scope of Grounds for Reasonable Restrictions on the Freedom of Speech and Expression
Freedom is the condition of being free ie., set at liberty. The Preamble of the Constitution of India promotes, “Liberty of thought, expression, belief, faith and worship”. Art 19(1)(a) of the Constitution provides that all citizens shall have a right to freedom of speech and expression. Nothing in sub-clause(a) of clause (1) shall affect the operation of any existing law or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with Foreign States, public order, decency or morality or in relation to contempt of Court, defamation or incitement to an offence. Art 19(2) states that laws made by State to impose restrictions on freedom of press and expression should be reasonable. It is for the courts to decide as to what is reasonable. The court’s power in examining the question of reasonableness is unlimited. The court must determine the reasonableness of a restriction by objective standard and not by subjective one.
TRUSTEES POWER OF INVESTMENT: CASE ANALYSIS
This research paper conceptualizes the concept of "trust" and the trustee's powers with regard to investments in different mutual funds or investment schemes for the beneficiary's income or capital growth, which should be in accordance with the trust agreement. The ability given to a trustee to choose investments on behalf of a trust is referred to as investment powers of a trustee. The basic goal of a trustee's investing powers is to make sure that trust assets are handled wisely to satisfy the needs of the beneficiaries. The trust and its beneficiaries may receive significant financial rewards from a trustee's investment decisions. However, it is essential to critically analyze these benefits and weigh them against the potential risks and drawbacks. Trustees must exercise due diligence in selecting and monitoring investments, avoid conflicts of interest, and ensure that their investment decisions align with the trust's objectives and interests. By doing so, trustees can enhance the trust's overall returns and ensure that it remains a reliable source of financial support for its beneficiaries over the long term. Lastly, the legislations introduced in India, United Kingdom and the United States govern such aspects pertaining to trust and the financial benefits accrued namely The Indian Trust Act, 1882, Trustees Act, 1925, The Uniform Probate Code, 1969 and the Uniform Trust Code, 2000 amongst others which in the limelight of landmark cases such as Vishwanath Pandurang Awati and others v. State of Maharashtra , Bombay Environmental Action Group and Others v. Union of India and Others, Cowan v Scargill and Bartlett v Barclays Bank help analyse the respective legislations.
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ANALYSIS OF CRYPTOCURRENCY AND THE NEED FOR ITS REGULATION IN INDIA
A "virtual currency" is a sort of digital money that frequently stays uncontrolled. Virtual currencies are seen as including "cryptocurrencies" like Bitcoin and Ethereum. A cryptocurrency manages and controls the generation of new currency units and uses encryption technology to keep transactions safe. Such cryptocurrencies exist and are traded on specialized, public blockchain networks. Cryptocurrencies are not recognized as legal money in many places since any nation or government does not back them. Any associated bodies do not issue a cryptocurrency, and assets like bullion do not back it. As opposed to traditional forms of money, cryptocurrencies are traded frequently globally due to their potential for significant returns, which can create wealth for traders. This calls for a comprehensive approach to cryptocurrency regulation. The exchange of cryptocurrencies operates on the basic economic premise of supply and demand. The structure of Bitcoin has presented difficulties for many regulators, as most have struggled to discover ways to manage it. As a result, some nations banned or made it illegal, while others maintained their observance, and others devised methods to tax and control its activities. The current study examines the development of cryptocurrencies, the legal problems surrounding them and their trade, and the situations that call for strict control.
COMPULSORY LICENSING OF PATENT IN INDIAN PHARMACEUTICAL INDUSTRY: AN ANALYTICAL STUDY OF ITS PROVISIONS IN CONSONANCE TO THE TRIPS AGREEMENT
Over the years, India's patent laws have changed. The British passed India's first patent law, i.e., Act VI of 1856, during the colonial era. Subsequently, changes to the patent regime regulations were made, with the most recent being implemented in 2005. The Ayyangar Report, created by a commission led by Rajagopala Ayyangar, a former Supreme Court Justice, was the primary inspiration for the Patents Act of 1970. The Report's main recommendation was to keep products out of the purview of patentable inventions so that everyone could access affordable food and medicines essential to the community's health. It also suggested that no monopoly should be granted regarding such products. It was further recommended that processes be granted patents using examples of other patent regimes, such as Germany. Allowing process patents and outlawing product patents would promote research and invention by preventing someone else from developing the same method using a completely different process.i However, India was forced to amend the Patents Act 1970 and allow the process and product patents, which included pharmaceutical drugs, after the TRIPS Agreement was signed, which set common minimum standards of patent protection to be followed by TRIPS signatories. After several States turned to grant compulsory licenses concerning pharmaceutical drugs to safeguard the public health of their citizens, discussions about the standards of patent protection conferred by various jurisdictions and questions about their compliance with the minimum requirements set forth by the TRIPS Agreement have grown recently.ii Chapter VI of the Patents Act of 1970, which contains Sections 82 to 94, contains the present compulsory licensing system for patents in India. It is also governed by international agreements like the TRIPS Agreement, the Paris Convention, and the Doha Declaration. The Trips Agreement's patent protections are included in Articles 26 and 34 of Section 5.
GSP, GSP+ AND DEVELOPING COUNTRIES: WITHDRAWAL AND ITS IMPLICATIONS AND THE FUTURE OF BANGLADESH
The world is developing day by day economically and technologically. Trading between many countries have increased a lot due to this globalization. To stay in the race, the developed countries have given GSP benefit to the developing countries. Bangladesh is not an exception to this benefit. In this paper, we have discussed how GSP is giving benefit to the developing countries and what influential component it carries and how the withdrawal of GSP cause problem for developing countries. I have focused about the new EU’s GSP+ scheme form the viewpoint of Bangladesh. The existing gaps still prevailing in the labour laws of Bangladesh. Finally, the Bangladesh’s plan whether to go with new GSP+ scheme or make alternative plan to cope up in the race of international trade.
AN APPRAISAL ON THE POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK FOR LAND USE PLANNING AND BUILDING IN MAINLAND TANZANIA
Tanzania like many other developing countries faces the development of informal settlements as a consequence of urbanization. In the global south, urban settlement expands horizontally forcing the population to migrate to the outskirts at the cost of agricultural land and natural beauty areas. As a marked phenomenon of rapid urbanization in Tanzania, urban areas have been experiencing the explosion and uncontrolled spread of informal settlements. They are known as informal settlements, because they are built outside the legal planning framework, informal settlements are generally characterized by high population densities, non-adherence to an official land use planning scheme, illegal occupation of land, illegal use of land, limited or non- existent urban services, and low quality housing stock. The paper examines the land use planning and building regulation in informal settlements in Tanzania. The laws and regulations governing land use planning and building in Tanzania are fairly provided for the manner how people can properly use land for building purpose. Despite the law and planning Regulations prohibits the carrying out of any development, house construction inclusive, in planning areas without planning consent, many urban areas in Tanzania have unplanned settlement. Such is the main problem of this study. The paper proceeded under the objective of examining the regulatory framework governing land use planning and building in Tanzania in relation to informal settlement in Mainland Tanzania. To achieve this, the study employs documentary review as well as comparative legal research method. The study has established that, the implementation and enforcement of land use planning processes are not responsive to and legally capable of meeting an increasing variety of demands for planned settlement in Tanzania Mainland. The study recommends the following: law reforms, proactive planning, formulation of urban land use planning policy, pro- poor housing initiatives, operationalization of the land compensation fund, coordination, and political will and commitment.
GEOGRAPHICAL INDICATIONS LAWS IN INDIA: ISSUES AND CHALLENGES
Geographical Indications (GI) for Products are described as IPR type that typically refers to a nation’s geographical indications. A name like this provides a sense of quality and uniqueness, primarily due to its roots in a specific geographical location, region, or nation. Geographic indicators are protected as an aspect of IPRs under Articles 1(2) and 10 of the Paris Convention regarding the Preservation of Industrial Property. They are also covered by Articles 22 to 24 of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which was included in the Uruguay Round of GATT discussions’ final agreements.ii Perhaps as a signatory to the World Trade Organisation (WTO), India passed the Geographical Indications of Goods (Registration and Protection) Act in 1999. GI is an essential intellectual property right used in commerce to indicate the source of the goods. The inability to accomplish the goal is due to a lack of knowledge among GI stakeholders and the absence of qualitative check procedures.
LEGISLATIVE PROVISIONS AND POLICY SUPPORT FOR WETLAND CONSERVATION IN INDIA
Since 1970s, wetlands started to be recognized as one of the richest ecosystems of the world which supports lives and livelihoods of a large number of people. In spite of this recognition, loss of wetlands could not be stopped. India is gifted with a vast inventory of wetlands which is depleting. Though India was a signatory of Ramsar Convention of Wetlands, it is yet to implement any legislation for the protection of these rich ecosystems. During the early years of independence when constitution of India was adopted, there was no mention of the term ‘environment’. With the enactment of Constitution (42nd Amendment) Act, 1976, marked the beginning of environmental protection in India. But wetlands were not mentioned in the List- I, List-II or List-III of the seventh schedule of the Indian Constitution. So, neither the Union government nor the state governments are empowered to legislate over the matter of wetlands. Due to this reason the Union government could not implement any legislation for wetland conservation for the country as a whole. Wetlands should be brought to the List-III of the constitution for the sake of wetland conservation. It is the obligation of the States to implement international conventions at the domestic level under a federal system. Verdicts of the Supreme Court and different High Courts reveal full support towards environmental protection. Thus, it is urgently needed to enact a Union legislation for the protection of the wetlands of the country which is supported by the state governments.
DRIVERS, CHALLENGES AND SUGGESTIONS FOR THE DEVELOPMENT OF DIGITAL FINANCE IN CHINA
With the rise of digital financial models closely related to information technology, the deep integration of finance and digital technology in China has become a trend. Based on the practice of digital finance in China, this paper proposes the driving forces for the development of digital finance in China: the shortage of traditional financial supply, data accumulation and technological progress, and the strong support of national policies. In view of the problems of weak ethical awareness, low level of digitalization, imperfect credit system, prominent data security problems, serious digital divide problems, and imperfect regulatory mechanism in the development of digital finance in China, a series of suggestions to promote the orderly and healthy development of digital finance are proposed, such as paying attention to the ethical issues of digital finance and accelerating the construction of digital infrastructure.
THE RIGHT TO FREEDOM OF SPEECH AND EXPRESSION IN THE DIGITAL ERA: A STUDY IN THE LEGAL PERSPECTIVE
The present age is rightly described as the digital age. The ever-growing use of latest technological advancements in the field of electronics and communications has almost changed the scenario of the day-to-day life of human beings. It seems that without the use of technology, it is very difficult to survive. This expansion of digital growth has impacted every walk of life. One of the most significant developments in this context can be seen in the unprecedented growth of social media including digital media. While social media has emerged as the most potent tool of social interaction, digital media is gradually coming up as an alternative to the print media. In both the cases, there appears to be absolute freedom to post any content and use any language on the various social media platforms. As a consequence, the users are airing their views and venting their pent-up feelings without maintaining the decorum of language. Digital media, by and large, is also without any statutory control. In part 3 of the Constitution of India, Article 19 provides the freedom of speech and expression to the citizens of India. But this freedom is not absolute and can be exercised with certain restrictions. These restrictions apply in the case of social and digital media also. But it appears that the users of social media platforms are bent upon crossing the barriers set by the Constitution itself. Similarly, the owners of digital media feel free to express their views flouting all prescribed norms. This paper explores the factual situation and tries to analyze the causes and suggests means to ameliorate the prevailing practices.
The main feature of economic theories is that they try to eliminate the effects of uncertainties by attempting to bring the future to the present. Artificial intelligence (AI) is the intelligence which is derived in a non-human manner out of synergy of working of individual units towards a specific direction with a defined objective, for example, in a room where many people are meditating out of their own choice without forcing others, a vibe is generated and motivates a newcomer to sit in meditation spontaneously. This vibe does not belong to any body in particular, but benefits everybody in performing the meditation activity smoothly. It is AI.
A STUDY OF THE IMPACT OF CROSS-BORDER MERGERS AND ACQUISITIONS ON ECONOMIC GROWTH AND DEVELOPMENT IN EMERGING MARKETS
Cross-border mergers and acquisitions (M&A) have become increasingly popular in emerging markets as a way for firms to expand their reach and gain access to new markets. This study aims to examine the impact of cross-border M&A on economic growth and development in emerging markets. Using a sample of M&A transactions in emerging markets over the past decade, we analyze the impact of these transactions on various economic indicators, such as GDP, employment, and foreign direct investment. Our results suggest that cross-border M&A has a positive impact on economic growth and development in emerging markets. Specifically, we find that M&A transactions lead to increased foreign direct investment, which in turn drives economic growth and employment. However, the impact of M&A on economic growth and development is not uniform across all emerging markets, as the success of these transactions depends on a number of factors, such as the regulatory environment, the level of economic development, and the cultural differences between the countries involved. Our findings have important implications for policymakers, investors, and firms considering cross-border M&A transactions in emerging markets.
NAVIGATING THE DIGITAL MARKETPLACE: INSIGHTS FROM COMPETITION COMMISSION OF INDIA'S APPROACH
Following the “liberalisation, privatisation, and globalisation” (“LPG”) reforms, there have been overwhelmingly significant technological advancements during the previous three decades. Indubitably, improvements in the internet have made life simpler for individuals all over the world. Users may access a variety of services for free through platforms like search engines and social networking sites. Customers give their data in exchange for these services, even if they do not pay any money for them. These platforms sell the data to advertising firms, who use it to analyse consumer behaviour and purchasing trends and entice them with individualised and pertinent ads. Global competition authorities have been pushed to adapt, develop, and expand their toolkit for conducting competition assessments due to the increase in the use of digital platforms and new technologies. The development of open markets and the abolition of anti-competitive behaviours are at the core of every system of competition law. For instance, India created the “Competition Commission of India” (“CCI”) in accordance with the “Indian Competition Act of 2002” (“the Act”) in order to safeguard and promote market competition, prohibit anti- competitive behaviour, and safeguard the rights and interests of consumers. Two important antitrust laws, the “Clayton Act” and the “Sherman Act”, are in effect in the US to prevent anti- competitive behaviour. Similarly, the “Treaty for the Functioning of the European Union” (“TFEU”) aims to sanction violators who stifle fair competition in regional markets. Antitrust regulators throughout the globe look into industry behemoths as part of their duty and file lawsuits against them when needed. More than half of the worldwide internet market is run by the Big Five of technology: Google, Amazon, Apple, Facebook, and Microsoft. Due to these conglomerates' expansion and ongoing purchase of businesses, they have been able to engage in anti-competitive practises such market monopolisation, abuse of dominance, and the signing of horizontal and vertical agreements. These businesses are now under the scrutiny of antitrust regulators in several jurisdictions as a result of their actions. In respect to antitrust problems like search engine rigging, Android hegemony, and online advertising monopoly, Google in particular has regularly been in the centre of criticism in many regions of the world.
AUTOMATIC STAY: AN ANALYSIS OF THE CONFLICTING JURISPRUDENCE REGARDING SUSPENSION OF CLAIMS AGAINST A DISTRESSED CORPORATION UNDER CORPORATE REHABILITATION
The case of BPI vs CA (229 SCRA 223) is contrary to the case of RCBC vs IAC (320 SCRA 279). It caused a conflicting jurisprudence as to when suspension of claims commenced. The application of automatic stay, which suspends all claims against distressed corporation upon the filing the petition, offers a workable solution for the preservation of an enterprise while allowing its ownership to be restructured and its creditors treated fairly. The study employed the method of data gathering procedure and data analysis to illustrate the conflicting jurisprudence decided by the Supreme Court. The study aims to clear and mend the laws with respect to corporate rehabilitation. The case of BPI vs CA (229 SCRA 223) prohibits the foreclosure proceedings upon the filing of the petition for corporate rehabilitation; whereas in the case of RCBC vs IAC (320 SCRA 274), the Supreme Court held that suspension of claims (foreclosure) is suspended only upon appointment of management committee. The automatic stay provides a feasible and viable corporate rehabilitation. The automatic stay provides an adequate protection on the distressed corporation and prevents unwarranted claims or actions of other creditors.
ACCESS TO JUSTICE THROUGH VIRTUAL COURTS IN CURRENT INDIAN SCENARIO
A relatively recent idea in the Indian legal system is the virtual court. Mostly as a result of the difficulties brought on by the continuing epidemic, it gained attention. The Delhi High Court and the Supreme Court of India were the first to hold virtual hearings for cases in an effort to end the pandemic-related delays in the legal system. After the Parliamentary Standing Committee on Personnel, Public Gripes, Law and Justice stated in its report dated September 11, 2020 that Virtual Courts should continue even after the pandemic is over, it raised many concerns in the minds of litigants as well as the general population of this nation. This essay examines the system of virtual courts that has recently been implemented as a result of the COVID-19 outbreak. The author has specifically attempted to explain the recent changes made to the nation's judicial system. The directions issued by the Supreme Court, as well as the adjustments and innovations adopted by individual courts in reaction to the epidemic, have all been studied by the author. It focuses on the difficulties that the courts are now experiencing as a result of the movement in work culture towards the virtual format. These difficulties include making the technology used in virtual courts accessible to the judges, litigants, interested parties, and other parties concerned. In order to assist us better comprehend the concerns highlighted, the document also makes reference to a few past Supreme Court rulings and precedents. Also, some information is provided on the current state of the virtual court system globally and the likelihood that it will remain in use in the future. The study concludes with a brief conclusion and a few suggestions that, if implemented, may strengthen and improve the system of virtual courts.
A STUDY OF MINORITY RIGHTS IN INDIA: PROSPECTS AND CHALLENGES IN SPECIAL REFERENCE TO CANADA
India a well-known country of ethnic society whereby sharing a common and distinct culture, religion, language or like presents endless varieties of physical pattern and social behaviour. Being a biggest democracy in the world, the representation of every group of people irrespective of religion, race, caste and sex have been ensured by the Indian constitution. As earlier mentioned, the term ’Democracy’ understood as a way of government of the people which is ruled by the people. This implies that the participation of every citizen for the formulation and enactment of rules and regulation through their representative, they (representative) reflects the voice of each and every people. Therefore for the participation of minority groups in public affairs and in all domain of social, cultural and political activities require to preserve their identity and protect them from the social exclusion. Hence, it is pertinent to adopt a mechanism ensuring that the diversity of society with regard to minority group is reflected in such institution such as national parliament by means effective and meaningful participation. amine the Historical background and Legislative development of minority group by the method of comparative study in between Canada and Indian perspective.
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A STUDY ON THE ECONOMICS OF RAPE AND SUGGESTED IMPROVEMENTS
The economics approach to law (hereinafter referred to as Law and Economics) is a stream of legal science that utilizes economic analysis in answering three major questions: (i) the definition of law; (ii) the origin of the law and the way in which the law came into force; and (iii) criteria for good law (Mercuro and Medema, 2006. 5). The Law and Economics approach is based on the basic assumption that humans are rational beings and always try to maximize the benefits (or utility) they can receive by considering the scarcity of the resources they have (Posner, 2011, 3). Thus, every human being is assumed to take into account the elements of gain and loss in every action. The calculation of profits and losses does not mean that every human being consciously performs a complex and deep calculation for each of his actions, but it can also be calculated subconsciously (Becker, 1990, 7). Furthermore, it does not imply that every human being must receive all available facts before making a decision (Posner, 2011, 4). The Law and Economics method focuses on the repercussions that will result from the aforementioned human nature and how it will affect the law, rather than on the degree of human cognition (Posner, 2011, 3). In this article, I take a Legal and Economic approach to evaluate the crime of rape, including the character of rape perpetrators, variables that impact rape, and policies that might be implemented to prevent or lower rape crime rates. In passing, I demonstrate that the attire worn by women plays a minor role in the crime of rape using a Legal and Economic method. People are even more removed from the primary issues that need to be addressed as a result of the argument.
CORPORATE SOCIAL RESPONSIBILITY THROUGH AN ECONOMIC LENS
Corporate Social Responsibility (CSR) is an important economic phenomenon, with broad implications on corporations, and all stakeholders. CSR can be perceived as involving the utilization and mobilization of resources available with the corporates in recognizing social issues and evolving, devising and enforcing activities in order to redress the same. This Article collates, structures, and integrates scattered pieces of economic theories in novel ways, in order to shed light on fundamental questions concerning CSR. This study attempts to intertwine the economic perspective of CSR with the legal regime in India, and particularly emphasizes upon the objectives of a business concern from the economic lens, the efficiency argument, welfare implications, and game theory, amongst others. Set forth herein below is an economic analysis of CSR with the aid of the aforementioned economic tools.
GOVERNMENT INTERVENTION IN ESSENTIAL COMMODITIES
Essential in its literal sense relates to the basic needs of human beings for them to survive and sustain in the world. This is clearly what the Mashlow’s hierarchy of needs states that every human being in order to sustain requires food, shelter and clothing as basic amenities. Given the evolution of human beings every such commodity needs to be earned by every individual. This further led to a systemized manner in which a governing authority can take over the mechanism to regulate the sale and purchase of these commodities in the economy. The pandemic had pushed each and everyone to understand the complexities that may arise and the essentials one might require. The most essential out of these were daily use products, mainly food commodities. With the rising need of such commodities and limited supply, there was a drastic shortage of many such products. This started with the pandemic approaching but today has a lasting impact on every household, with the drastic surge the prices commodities have reached. Wherein the matter is about goods which are Luxuries for many the shortage in supply can still be understood, but when it is about the Essential Commodities, it may have drastic consequences challenging survival and sustenance of human beings. The scope of this article is to analyse the role of the government, economic ambit and global scenario in the context of Demand, Supply and Price matrix of Essential Commodities with the help of existing laws which govern the same in nations.
LAND GRABBERS IN KARACHI: AN ANALYSIS OF POLITICAL ROOTS
Poverty alleviation is the trendy and fashionable slogan for the end of the 1990s. Projects defined with a specific focus on the poor, often help via donor money, channelled through non- governmental organizations (NGOs). This attempt, while well meaning, will invariably be at a micro level with a narrow focus, often ignoring the causes for the existence of poverty in the first place. Band-Aid social work of this variety will certainly improve the living conditions of a number of beneficiaries in the project area. However, land grab is primarily a political issue, caused and maintained by factors of a macro nature and by institutions, which function in a specific, political, environment. This article, argues that politics comes prior to land grabbing, as do institutions. The failure of institutions to address issues of land grabbing, causing substantial breaks to the development of this megapolis, are seen here as essentially political failures. Pondering back over the last three decades, it would be difficult to find a more politicized, violent, ethnically divided, alienated city than Karachi. The paper concludes with the assertion that far-reaching and substantial political and institutional reform must come first in any attempt to alleviate land-grabbing, particularly in Karachi
CHEMICAL INDUSTRIES & COMPETITION LAW IN INDIA
In this paper, the aim is to put across the importance of chemical industries. Chemical industries have also been discussed with relation to the different types of market competition and the space for such endeavours in the Indian context. Furthermore, the relevant case laws have also been discussed within this paper with relation to the idea of the functioning of chemical industries in the region. This paper explores the meaning and importance of chemical industries. It magnifies the importance in day-to-day life as well as in the industrial sector. We discuss that chemicals help in food preservation, agricultural promotion, medical scope, biological sphere, importance in day-to-day life, environmental endeavours, contribution of chemicals to artistic and academic lives, the petro-chemical industry, need for chemicals in the construction industry and automobile industry. Within this paper, we see the scope, reach and the need for the chemical industry.
NET-ZERO, CLIMATE CHANGE AND INDIA'S QUEST FOR GREEN ENERGY
The emission of greenhouse gases in the atmosphere has caused global warming to an unprecedented level endangering human life on earth. It is strongly felt by the experts and the world leaders alike that curtailing of carbon emissions is most necessary to bring down temperature to the target fixed by the Paris Agreement. Net-zero emission or carbon neutrality is now the buzzword of every climate talk. A majority of countries have declared the year 2050 as their target to achieve the net-zero emission level. India has consistently opposed to this proposal. It has now set the target for 2070. India is a fast-developing economy, and its energy demand is also increasing exponentially. However, India's focus is on developing the green energy sources other than coal. This paper explores the various options of green energy being adopted by India and its approach towards carbon-neutrality.
CORRELATION OF THE LETTER OF THE LAW, VOLUNTARY COMPLIANCE AND TAX JUSTICE: A FOCUS ON TAXPAYERS’ PROTECTION AND UTILIZATION OF RESOURCES IN TANZANIA
The Classical economists were prudently and holistically of a view that the only objective of taxation was to raise government revenue. However, with the changes in circumstances, philosophies and ideologies, the aim of taxes has changed, as they affect consumption, production and distribution with a view to ensuring availability of social welfare through the realized economic development of a countryi . In the legal context, this requires legal text to maintain justice through the letter of law, justified by the spirit of law which would likely change the taxpayers’ behaviour to legally execute voluntary tax compliance. On the other hand, Government should ensure cannons of taxation to prevail in the tax fraternity. This article therefore, examines among others, the correlation between letter of law, voluntary compliance and tax justice as orbits of stable and predictable tax system in Tanzania.