Category Articles

The Patentability of Inventions Made with Artificial Intelligence

The rise of Artificial Intelligence (AI) brings both promise and skepticism. Skepticism arises from the unpredictable consequences and the complexities of AI technologies, leading to concerns about misuse and potential negative impacts on society. Despite this, encouraging AI development offers significant benefits, from data-driven decision-making to accelerated scientific breakthroughs. However, patentability challenges emerge, especially in India, where AI-related inventions face scrutiny under existing laws.

Rights of the LGBTQ Community and Same-Sex Marriage

“Love has no gender – compassion has no religion – character has no race.” – Abhijit Naskar
On October 17, 2023, a Constitutional Bench made up of five Supreme Court judges rejected the idea of legalizing same-sex marriage, sending the issue back to Parliament for further study. The matter described here is whether this demographic has the basic rights while every citizen of the country is entitled to exercise their rights without being discriminated against. Hon’ble Justice Indu Malhotra once said that history owes an apology to these people and their families. Homosexuality is a valid part of the human sexual spectrum. They have the right to dignity and should be free of discrimination. Due to some traditional credence, people have negative perspectives about the community.

India’s Refugee Policy: Human Rights on Trial?

Millions of people flee from their home countries every year, seeking safety from persecution, war, or any natural calamities. Yet, instead of finding a home in another country, they end up facing a lot of challenges. The term “refugee” has always had a negative connotation because of the various issues a nation faces due to refugees. But the actual victims here are the refugees themselves. They are the people in a new country, wondering about their rights and facing an existential crisis. According to the United Nations High Commissioner for Refugees (UNHCR), “Refugees are people who have fled their countries to escape conflict, violence, or persecution and have sought safety in another country.”

Prisoners’ Right to Vote: A Debate

Article 21 of the Universal Declaration of Human Rights states that everybody has the right to participate in the governance of their country, directly or through freely chosen representatives. Suffrage is a civil right which provides the right to vote in elections.
In India according to the National Criminal Record Bureau, out of the total population, 5,73,220 prisoners were in prisons on 31st December 2022. In addition to this, Article 25 of the International Covenant on Civil and Political Rights stipulates that each subject should have rights and opportunities, and must not be concerned under Article 2, i.e. race, color, sex, language, religion, politics, or alternative opinions, national or social origin, property status, birth, or other conditions. The Universal Declaration of Human Rights (UDHR),in Article 21(3), states that “The will of the people shall be the basis of the authority of government,” emphasizing the importance of the right to participate in governance.

Echoes of Earth: India’s Legal Landscape in the Face of Climate Crisis

The sun blazes on, the wind gushes, the oceans roar, the peaks melt, the trees die…but man carries on. As the earth yelps for help, the human turns deaf only to heed when his mind shows him a selfish reason. Is this not treason?
History serves as a remarkable testament to the existence of sensitivity to the environment since the days of yore. Systematic planning evident in the Indus Valley Civilization, the inclusion of environmental concerns in countless mantras in Vedas, stringent departmentalization of the environment for judicious utilization in Kautilya’s Arthashastra, and the Gupta patronage to environmental pursuits are all evidence of the might and power nature holds over the reasoned fallacies of humans.
As the throes of the Industrial Revolution hit the conscience of mankind, nature was subdued in the growing shadows of economic prowess and development. The pangs of widespread urbanization coupled with burgeoning factors causing pollution have led to the usurpation of nature’s status quo from a worshiped entity to a silent sufferer at the hands of its offspring. The present scenario deals with a startling call to attend to nature’s dissipating and deteriorating condition as, with the wake of each dawn, man realizes the impermanence of resources, the constraint of time, and the weeds of unprecedented development. As the world grapples to find a symbiotic solution to equipoise the teleological aspects of ecology and environment, the primary province that soars in the global skies is the ever-changing hues of the climate crisis. Against the backdrop of surmounting economic development, each country is making amends to remedy the ills inflicted on nature through various legal instruments. India too has taken galloping strides towards mitigating climate change, stabilizing an environmental economy, and imbibing the spirit of sustainable development. Through the kaleidoscope of India’s environmental legislations, policies, and treaties, the country’s judicial and jurisprudential topography of the environment is highlighted.

Advocating for Compassion: An In-depth Exploration of Animal Rights 

In the complex intersection of ethical considerations and existing legal intricacies, the imperative of animal rights is something that stands as a moral imperative. It is high time that societies reevaluate the present animal laws and also the treatment of these beings as a whole. With a rise in crimes against animals, it is often forgotten that we get to share this amazing planet with these sentient beings, and hence, it is nothing but our sole responsibility to ensure that they do not suffer due to our ill deeds. This article embarks on an in-depth analysis and exploration of animal rights by duly considering the historical background, ethical considerations, and legalities involved. Through this, the ongoing discourse with regards to the rights and protections given to animals has been reflected upon, and the requisite trajectory in order to ensure their protection has also been discussed. This article also explores the historical foundations of animal rights, tracing the trajectory from viewing animals as resources to recognizing their intrinsic value and moral consideration.

Narco-Analysis Test- A Violation of Right against Self- Incrimination

Criminal cases and investigations in recent times have witnessed the emergence of a new
investigative technique- the Narco-Analysis test. However, this technique comes with a bag of
legal and ethical questions- questions that have been debated for a long time now.
This article reviews the literature of the Narco-Analysis Test in India, how it violates
Constitutional Provisions and International Conventions, its scientific inaccuracy, and how it
tends to violate the rights of the accused against self-incrimination. Finally, this article seeks
to compare the constitutional standpoint of self-incrimination in the United States vis-à-vis
India.

Miscarriage Of Justice: Right to Compensation Of The Wrongfully Convicted

“Some birds aren’t meant to be caged”

– Ellis Boyd “Red” Redding, The Shawshank Redemption (1994)

Why Regulation is needed in OTT Platforms?

The time when the whole world was forced to stay isolated in their houses, similar to the movie
Contagion, the OTT (Over the Top) platforms experienced a spike in their rates of
subscription purchase. There was a robust increase in the viewership of OTT media platforms.

 DOMESTIC VIOLENCE: AN UNACCOMPLISHED AGENDA

“The time when domestic violence is most fateful is when the person is trying to relinquish the situation.” INTRODUCTION The woman is the nourishing and the supreme power of this universe, gifted with a power to create, nurture and transform,… Continue Reading →

Examining the efficacy of Narcotic Drugs and Psychotropic Substances Act, 1985

Addicts are unable to regulate their behaviour. They will do anything to obtain drugs, alcohol, or other substances, including jeopardizing their friendships, families, or careers. Why does addiction cause people to act in such a harmful manner? And why is it so difficult to stop?

Right to Protest v. Public Inconvenience

We keep protesting for our rights, and they keep getting rid of us.

The word Democracy in essence means the “power of people”, being a democracy, India has its government chosen by the citizens, i.e. the people of the country chose their representatives to govern the nation. Being the largest Democratic Republic, the Indian government has some duties towards its citizens, such as providing them with some fundamental rights which are vested in the constitution itself. When we talk about our fundamental rights, we refer to the right to protest and from these protests, inconvenience is caused to the public at large.

Need for Marital Rape Laws: An Ultimatum to Dignity

Introduction “I say nothing, not one word, from beginning to end, and neither does he. If it were lawful for a woman to hate her husband, I would hate him as a rapist”.   When we talk about rape, we talk… Continue Reading →

Social Media- Pedagogy of Juvenile Delinquency

Children are born pure. Their emotional, social and societal values are framed by the things that they perceive. Their upbringing and supervision, or lack of it are of prime importance, against the backdrop of susceptibility to criminal behaviour. It is imperative for lawmakers to deliberate on what makes an environment unfavourable to raise a child. What pushes a child to step into an arena hitherto regarded as the ‘criminal space’? Secondly, does he have an obligation towards society to contribute to the overall well-being of the state? Or does the state have an obligation to ensure that the child is cognitively aware so that he can contribute to society?

The Inevitable Crossover: Law and Psychology

As controversial as it sounds, a substantial amount of truth lies in it. Psychology and law are different yet relevant when applied together. The very existence of law and the relevance of the same, throughout history is only because it… Continue Reading →

Role of IP Laws in Fashion Industry; Design and Copyright

Evolution of IPR Human rights are universal principles or standards that safeguard the virtue of human life. They establish certain human norms which are consistently protected by behavioural norms in domestic and international legislations. The Universal Declaration of Human Rights… Continue Reading →

Worldwide Jurisprudence of Cryptocurrency and its Repercussions

Introduction The emergence of cryptocurrencies and revolutionary blockchain technology has drawn widespread attention across the globe. During the COVID-19 pandemic, the cryptocurrency market has shown an upward trend. Its mainstream adoption has seen a boost in 2020-21 with many countries… Continue Reading →

A Comparative Analysis of the National Emergency Provisions of India and Germany

Introduction Before going into detail, let us first discuss the meaning of ‘state of emergency’ (hereinafter ‘emergency’) in general. In layman’s language, emergency means a situation wherein there is a failure in the system of the government to such an… Continue Reading →

The Tale of Environmental Crimes and Ecological Regeneration in India; an Eco Legal Approach

The damage caused by global warming and climate change to humankind as well as abiotic factors is widely known. The rate at which biodiversity is being lost, forests are cleared, rivers and skies are polluted is unprecedented. The detrimental effects on the health of the planet are being felt already.

The mindless pursuit of hard cash and tall-grey buildings has blinded humankind. The race towards self-destruction has been going on for a long time now. The future of this planet is seemingly bleak if adequate and urgent measures are not taken towards remedying the harm being caused to it.

Bail as an Exception and Jail as a Rule and Not Bail as a Rule and Jail as an Exception; a Privilege for the Already Privileged?

ABSTRACT We, over the period of time, have been witnessing a migration of the judiciary from the well-settled principles of criminal jurisprudence, which is a presumption of innocence until proven guilty. Remand has been an important judicial function that has… Continue Reading →

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