TO EASE AND REFORM THE LABOUR LAWS DURING THE LOCKDOWN IN INDIA

ABSTRACT:

The perennial images and videos of numerous labourers walking back home with young children and women, having no other means to survive but to go back to their hometown was a catastrophic sight to see for the entire country. That being said it is nothing new that the oppressed class always needs to bear the hardships of life which is ironic considering the existing miserable lives they are leading! Now let’s focus our attention towards the backbone of the industrial sector i.e. the labourers. I shall be emphasizing on the hardships they had to go through during this time and also the legal provisions that were and are available to them. I will also be discussing about how the labour laws could be eased and reformed for their welfare. The reason it is of prime importance not only in relation towards the well- being, but also for the entire country in general, is because if they are not taken care of, economy will cripple in seconds!

Authored by Gagana S, Ramaiah College of Law.

REPORT ON MTP ACT, 1971

Abstract-

human life. That is why it has the intervention of law so much. Abortion always has two sides of arguments, one says it represents woman’s “right to choose” whether to continue the pregnancy or to terminate it. The other side argues that it is taking of a human’s life so it can’t vest on one hand. The article firstly gives a brief introduction of MEDICAL TERMINATION OF PREGNANCY ACT, 1971 and after its evolution. This Act has many lacking points which should be there in the present situation, that’s why a Bill; MTP (Amendment) Bill, 2020 has passed by Lok Sabha, the article mentions the highlights of the Bill.

Authored by Kavya Goyal, Prestige Institute Of Management.

REPORT ON HEALTH CARE REFORMS IN INDIA

Abstract-

India has a population of 1.3 billion which is the second-largest population of the world. It has been predicted by the UN that India will have the world’s largest population by the year 2024. India has earned the reputation of being one of the fastest-growing economies during the two decades, it is the world’s fifth-largest economy by nominal GDP and third-largest by purchasing power parity. However, the country has to face the challenges with several issues which include maintaining good health. it spends 1.2 % of its GDP on Healthcare sector which is lowest in the world. In the 12th Five Year Plan, the government has increased the spending on health care. And in February 2020, Finance Minister announced certain reform on healthcare which includes an increase in expenditure on the health care services. After that Health Minister; Dr. Harsh Vardhan has also accounted to increase the public expenditure from 1.15% to 2.5% of GDP BY 2025.

Authored by Kavya Goyal, Prestige Institute Of Management.

BONDED LABOUR SYSTEM IN INDIA: A CRITICAL ANALYSIS

ABSTRACT:

The origin of bonded labour can be traced back to earlier period when the Hindu society was divided into caste structures. The lower caste suffered the most whereas the trusted higher castes were benefitted in every manner. In keeping view with the global Slavery Index, India has been a poor performer as way as less in social control of anti-slavery laws. The explanation for identical are attributed to the underneath resourced judiciary and personnel. However, with the passing times, bonded labour has inflated its’ scope and also the manner it affect the lives of the folks. Typically, the folks from the rural areas particularly the Dalits are lured by the traffickers solely to search out themselves indulged as labourers in factories or operating in brothels against their consent.

Authored by Mithannsh Jain, Christ University.

INDIA TO STUDY CAIRN ENERGY ARBITRATION AWARD

Abstract-

UK’s Cairn Energy Plc has won an arbitration against the Indian government levying 10,247 rupees in retrospective taxes. The tribunal asked India to pay the funds withheld along with the interest to the Scottish oil explorer for seizing dividend, tax refund, and sale of shares to partly recover the dues. Cairn had challenged the Indian government seeking taxes over an internal business reorganisation using the 2012 retrospective tax law, under the UK-India Bilateral Investment Treaty. The three-member tribunal, which also comprised of a judge appointed by the Indian government, ruled that India’s claim of ₹10,247 crore in past taxes over a 2006-07 internal reorganisation of Cairn’s India business was not a valid demand, sources said.

Authored by Aarushi Sharma, NLU, Shimla.

Evolution Of International Aviation Law

Abstract:

Air travel commences from the Period when Balloons were considered to be the only source of going in the air, an essential aspect of balloons was that they were not driven with the very will of the human beings, but were flown by the rules of weather. During the early years, the Balloons were lifted on a trial basis, by the Montgolfier brothers, with putting a sheep, a rooster, and bird within the Balloons, by this the brothers wanted to check the impact of the height upon the animals. Eventually, for the very first time, 7 humans were taken aboard on the balloon, and as soon this event took place, in 1784 Paris police ordered legislation forbidding balloon flights without any special permits. This seems uncanny, that just when there was an involvement of human beings in the conduct of balloons, there was an evolution of legislation. However, it did seem fair in terms of the anticipation of the incidents that could have taken place.

Authored by – Anmol Agarwal, Maharashtra National Law University, Mumbai & Prapti Allagh, UPES Faculty of law

Cyberwarfare in Context of International Humanitarian Law

Abstract:

Technology has dominated warfare since the early 1900s. Throughout history, societies have put their best minds to work creating new ways to fight each other. New Scientist looks at the major milestones in the development of tools of war. Cyber warfare is a new a phenomenon and scenario under International Humanitarian law. Cyberspace has opened up a potentially new warfighting domain, a man-made theatre of war additional to the natural theatres of land, air, sea and outer space and is interlinked with all of them. It is a virtual space that provides worldwide interconnectivity regardless of borders.

Authored by – Nandini Tripathy, Symbiosis Law School, Hyderabad

Cyberbullying – The era Of E-Crime

Abstract:

Cyberbullying is a major problem and has become a threat in this world. Due to globalisation, the evolution of computer technology,mainly theinternet which is accessed by almost half of the world’s populationhas progressed rapidly to which ithas led to illicit fraud offences and illegal practices. Thesepractices or offencesare known as cybercrime.This article examines the international perspective of cyberbullying under international law with a classic example ofthe current incident of Bois Locker Room in India,which is infringingthe individual’s right to privacy.In this context,it indicates different ways by which an individual can reach to commit such crime and explains the challenges, impacts andits consequences confronted by the victim. It also observes, the International convention with an objective and purview of cybercrime.It also exhibits the boon and bane of social media platforms for students. This article likewise highlights the role of law that involves theregulations enforced in India as well as enforced in international law displaying countries and state with strong, average, and simple cyberbullying laws.The article also suggests self-countermeasuresthat can protectan individual from being trapped. It alsoillustrates an insight report of an interview, providing suggestions and concern for the future.

Authored by Divya Bothra, VITSOL

A digital strike in India to secure Sovereignty

Abstract:

30 June 2020 Indian Government imposed a ban approximate 59 China apps popular in Indian youths like Tik Tok (short video platform), UC Browser, Share It (file sharing app), and Cam Scanner, ( i OS and Android devices to be used as image and document scanners). Such type of ban on social media, books or movies should trigger a debate on its legality. India’s social virtual platforms are mostly different from developed countries like UK or USA where freedom of speech is held Supreme. In the Constitution of India ‘freedom of speech’ is given to citizens with limitations and every citizen of India is bound by these limitations. Although such ban on social media platforms could impede foreign direct investment and affect the expansion of the expansion of Indian digital policies, various cyber libertarians have advocated that sovereignty of states must be maintained. Hence, it is the obligation of states to plan national and worldwide law to oversee the internet. Barely any issues in overall relations are as flawed as the use of intensity and the genuine framework that legitimizes a state’s usage of intensity in self-insurance.

Authored by Anjali dixit

Once Upon a Contract: Performances in the COVID-19 Era

Abstract:

Life is inherently risky; so is business. Contracts embody the risk of the foreseeable future. However, can one allocate risk to mitigate the unanticipated? Is there a mystical way to undercut losses one cannot foresee? No one is better placed to answer these questions than the All England Lawn Tennis & Croquet Club Limited (‘Club’). The Club had the foresight to purchase pandemic insurance for the Wimbledon tournament every year since 2003 suspecting the recurrence of an illness like SARS.[1] Lo and behold, come 2020, it was all to pay off. The Club received an insurance payout of £141 million on canceling the Wimbledon tournament due to the unprecedented disruptions caused by COVID-19. Other sectors have unfortunately not been so lucky. Surely, paying millions in insurance premiums to mitigate the risk of something inherently uncertain may not constitute good business sense for all. Therefore, we must ask whether intelligent contract drafting can save the day.

Authored by – Mudita Gairola & Skanda Shekhar, Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology, Kharagpur, India