Title: LEX-MANTHAN [Volume-43]

Month of the publication: September, 2023

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ISBN: 978-81-962128-9-6

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2|Page
S.NO TITLE OF THE MANUSCRIPT PAGE NO.
1.
UNAVAILABILITY OF LAW STUDENTS GIVING 05-13
PRACTICAL TRAINING IN DRAFTING, NEGOTIATION
AND RELATED MATTERS.

Author: Ann Mary Joseph

2.
UNVEILING COMPETITION IN THE DATA REALM: A 14-20
HOLISTIC EXAMINATION OF THE INTERWOVEN
LANDSCAPE OF COMPETITION LAW AND DATA
PROTECTION

Author: Stuti Mishra

3.
BEHIND THE VEIL: UNVEILING THE LEGAL BATTLE 21-35
AGAINST BRIDES OF ISIS
Author: Abhishek Yadav

4. UNDERSTANDING AND TACKLING DIFFERENT TYPES

OF SEXUAL HARASSMENT AT THE WORKPLACE 36-40

Author: Shreyash Gupta

5.
CRITICAL ANALYSIS OF THE HIV & AIDS (P& C) 41-50
ACT, 2017
Author: Ity Sindhu

6.
A CRITICAL ANALYSIS ON INCREASE IN THE RATES
OF CRIMES IN INDIA 51-65

Author: Arun Kumar.R

Co-Author: Revathy Rajendran

7.
ANALYSIS OF SEDITION LAW IN INDIA 66-70

Author: Kumud Rathi

A STUDY ON THEORY OF CIVIL LAW WITH SPECIAL

8. REFERENCE TO STATE OF UP Vs STATE LAW 71-78
OFFICERS ASSN
Author: Arun Kumar R
Co-Author: Jinesh M

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9.
MENSTRUAL LEAVE: LAW AND SOCIETY
79-87
Author: Amrita Sharma

10.
RESOLVING CONFLICTS SEAMLESSLY: INDIA'S
88-93
TRAILBLAZING MEDIATION BILL OF 2021

Author: Riya Chouhan

11.
DETAILING THE CONCEPT OF TERRITORIAL
INTEGRITY AND THE RIGHT OF SELF- 94-97
DETERMINATION IN CASE OF JAMMU AND KASHMIR
Author: Om Prakash Tiwari

12.
DRUG ABUSE AND DRUG TRAFFICKING IN INDIA:
ANALYTICAL STUDY 98-107

Author: Pratyasha Chakraborty

13.
WOMEN IN JUDICIARY AND THEIR IMPORTANCE
108-113
Author: Amisha Singh

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 UNAVAILABILITY OF LAW STUDENTS GIVING PRACTICAL
TRAINING IN DRAFTING, NEGOTIATION AND RELATED
MATTERS.
Author: Ann Mary Joseph, LLM, Department of Law, Central University of Kerala, Thiruvalla

ABSTRACT
As a citizen every person is expected to be up to date on the fundamental laws of the land, and it is
the duty of every individual to remain aware of their privileges and responsibilities.

The tallest leaders of the independence movement lawyers forged a legal education and legal
profession system after independence that would require an excellent level of skill and a thorough
understanding of law and principles. The word “skill” has very much importance in our current
legal education system. But unfortunately, our legal system fails to providing these types of
practical skills” to our law aspirants. But the surprising fact is that, none of the Indian legal
Educational Institutions play a single step to tackle this problem. Nowadays when we ask a law
student a question that “How many sections are in Criminal Procedure Code? Or how many courts
are in your Locality?”, I am sure that they didn’t have any answer. That was not their problem, it
was the problem of the current legal education system in India. Next issue is that “How will tackle
this problem?” The answer is by a practical Knowledge. Pattern of Traditional Theoretical
Academics should be changed, nowadays internship procedures were started for 5-year llb students
in between their studies for 28 days / 4 weeks, & agreeing that little knowledge will get, but that
didn’t reach its goal. What we want was continuity of practical training in theoretical training.

Keywords: Current Legal Education, Practical Knowledge, Theoretical, Academics, Skill, Tackle.

INTRODUCTION
1Legal education in India can be traced back to the Vedic era, whenever persons trained on their
own how to interpret the law within the framework of Dharma. During that point in time, the
Vedas, which served as the original source of law, were interpreted by Smrithikaras and
Nibhandakaras, the legal guardians. The old Indian legal system, which was based on Sada Chara,
customs, Nyaya, and yukti, has been enriched by many followers of various Hindu philosophies.

1
Universal Group of Institutions Gateway to Public Services, https://universalinstitutions.com/ (last visited Aug 14,
2023)

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During the time of the Mughal rulers, the 'vakils' who were already functioning continued to act as
client representatives. However, the newly established Supreme Court was limited to English, Irish,
and Scottish practitioners. This limitation was later removed with the passage of the Legal
Practitioners Act in 1879, allowing lawyers of any race or faith to practice law.

The improvement of practical skills to better prepare students for their potential careers as lawyers.
The college should deliver a variety of classes and activities aimed at assisting students in acquiring
the critical thinking, problem-solving, and communication abilities required for a rewarding legal
career.

There are opportunities for students to participate in experiential learning through job placements,
clinical programs, and moot court competitions, as well as courses that encompass real-life
instances and case studies.

In this paper we are discussing about all these issues.

LEGAL EDUCATION IN ANCIENT TIMES

The Vedic years of age, where the concept of Dharma served as the foundation for the legal
structure, is where legal education in India originally developed. However, there was no indication
of formal legal education; instead, it was a self-learning process. In the past, Kings or other
powerful individuals used to settle disputes in accordance with their own ideas of justice. Even
though these judges were not trained in the handling of justice, they were comfortable with the
concept of Dharma and were occasionally appointed by kings to decide cases.

Legal instruction during the Vedic era

2The Vedas served as simultaneously the primary source of legislation and the principles which

guided human actions and conduct in ancient India. The Vedas were also known as the Shruti due
to the sages were the ones who primarily heard the instructions of God and explained them to their
followers. The followers also remembered these commands and preached them to the common
people; these were referred to as Smritis. The most ancient judicial expositions include a number of
the well-known Smritis, such as Gautama, Buddha Yana, and Apastambh.

2
Indian Institute of Legal Studies, https://www.iilsindia.com/ (last visited Aug 14, 2023)

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Legal instruction during the British period
The emperor acted as the supreme leader of the court system throughout the time of the Mughal
Empire. Islamic law is regarded as immutable by any human agency since it depends on the Quran.
The panel of judges (Mir-i-Adal and the qazis) had a duty in Akbar's standing orders to make an
effort to discover the facts cases being contested by every means at their disposal, and they
shouldn't be happy. The emperor acted as the supreme leader of the court system throughout the
time of the Mughal Empire. Islamic law is regarded as immutable by any human agency since it
depends on the Quran. The panel of judges (Mir-i-Adal and the qazis) had a duty in Akbar's
standing orders to make an effort to discover the facts of the case.

Cases being contested by every means at their disposal, and they shouldn't be happy with
however, they are chased through multiple inquiries.

Legal instruction during post-independence period

The current controlling organization which establishes laws and regulations for the development
of legal education in India is the Bar Council of India. The Advocates Act, 1961, which constituted
BCI as a statutory body and granted it regulatory power over the practice of law, controls the
granting of law degrees. In addition, universities have to be associated with BCI, which sets
standards for approved applications, infrastructure needs, admission requirements, and promotion.

Current Dilemmas of Legal Education in India

To better prepare students for their future employment in the legal profession, current legal
education in India should place a major emphasis on the development of practical abilities. For
students to develop the critical thinking, problem-solving, and communication skills necessary for a
rewarding legal career, law schools should provide a variety of courses and programs.

There are possibilities for students to participate in experiential learning through internships,
clinical programs, and moot court competitions, as well as courses that involve real-world
examples and case studies.

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 DILEMMAS IN INDIAN LEGAL EDUCATION SYSTEM
Antiquated Teaching3
An old-fashioned curriculum that regularly falls behind the rapidly changing legal landscape is one
of the biggest problems facing Indian legal education. Students are unfit for the dynamic nature of
the legal industry since many law schools continue to teach topics and resources that are not
anymore relevant to the present legal environment.

Furthermore, contrary to pushing graduates to cultivate critical thinking and problem-solving

abilities, law schools in India often place an emphasis on mechanical study and recitation of legal
provisions. This method of instruction may make it more difficult for students to get used to the
constantly changing needs of the legal profession and may cause an imbalance between their
academic training and the real-world demands of legal practice.

Deficient Infrastructure
Infrastructure-related issues affect a lot of law schools in India, which conflict with students'
overall opportunities for learning. These difficulties include a lack of appropriate libraries, crowded
classrooms, and access to modern technology. When there is an unsatisfactory teacher-to-student
ratio in the classroom, it can be difficult for students to receive individualized attention and
support. Students may be reluctant to access crucial resources and conduct in-depth study due to
limited libraries and a lack of technology, which will further hinder their educational experience.

Minimal Practical Skills

The vast majority of legal education in India has traditionally been theoretical, with little chance for
students to acquire practical experience. As a result, graduates may not have been sufficiently ready
for the true nature of the legal profession and may become less confident in their capacity to
practice law.

Although some law schools are establishing clinical programs and internships that offer students
actual experience, these opportunities tend to be limited in their availability and scope.
Furthermore, there is insufficient emphasis put on teaching the practical abilities needed for success
in the field of law, such as drafting, negotiating, and advocating.

3
Mayank Shekhar, Challenges of Legal Education in the 21st Century, Legal Bites, (July. 5, 2017, 10:18 PM),
https://www.legalbites.in/challenges-legal-education-21st-century/

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Inclusivity and Accessibility4
Due to financial limitations, geographical constraints, and a shortage of support structures, a
significant proportion of students from rural and economically marginalized communities struggle
to obtain high-quality legal education. Many students may find it impossible to pursue their
aspiration of attending a prominent law school due to high tuition fees and the high cost of living in
cities.

Additionally, students from disadvantaged communities may not have access to the same resources
and support systems as their urban counterparts, making the competitive nature of law school
admissions disheartening. As a result, the legal profession may not be as diverse as it may be,
which will only serve to deepen current social and economic disparities.

Supreme Court justices Sanjay Kishan Kaul and MM Sundresh's bench voiced concerns regarding
the standard of legal education while emphasizing a variety of issues that they believed burden the
legal industry.

Receiving Legal Education Is an Easy Task

Legal institutions, which are usually controlled and operated by builders and industrialists, have
recently emerged as a possible business activity. The Bar Council's and the university's assessment
team, whose members are in the position of evaluating out organizations seeking to start legal
studies, is the primary obstacle. By the last 5 years, we can see the growth of many self- financing
law colleges in India that actually degrading the values of reputed government law colleges. That
should be avoided.

The Poor Examination Procedure

The conventional exam format is commonly used in law schools. Considering just some of the
necessary lessons and convincing yourself that you can memorize the chosen questions are
important. Instead, then considering students' analytical and practical abilities, grades are based on
their ability to recall just a handful of topics.

Placement Obstacles
In general, students do an internship with a lawyer, a non-profit, or a business. In addition to
analyzing and keeping case files, performing legal research, generating legal papers, and

4
Linked In , https://www.linkedin.com/pulse/challenges-indian-legal-education-addressing-issues-
bridging#:~:text=Many%20law%20schools%20in%20India,of%20access%20to%20advanced%20technology. (last
visited Aug 14, 2023)

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performing client interviews and consulting are all things that law students are expected to learn.
Students are expected to keep a journal of their visit to law offices and courtrooms, including what
responsibilities they accomplished and the events they observed. Their preparation for recreated
trial and moot court as well as their notebooks reflect the lessons they learned from their
assignment. Law colleges should adopt a variety of strategies to supply practical training, including
lectures and simulations presented in the classroom, externships, and legal and clinic training.

Forming a legal aid clinic

The 2009 Bar Council rule mandating all law schools to establish a legal aid clinic that offers high-
quality, affordable legal help to disadvantaged groups of society has mostly been neglected. Now in
India, most law colleges these legal aid clinics were acting only as a simple room without any
purpose. The concerned authorities did not give any awareness about this purpose to the eligible
people.

WHAT INDIAN LEGAL EDUCATION CAN ADOPTED FROM OTHER

COUNTRIES?5
Advantages of Legal Education in Abroad
Many students and professionals opt to pursue international law degrees since they are among the
most profitable degrees. Following are some of the main advantages of legal education in abroad:
Compared to studying law in India, studying law overseas takes less time.

The student will be able to choose to practice law in either India or the nation in which he or she is
currently enrolled in law school. A company will certainly hire you if you are proficient in working
with international clients, therefore exposure to the world will help graduates gain decent
employment quickly.

In comparison to Indian institutions, which take a more theoretical approach, UK colleges take a
more practical skill-based approach.

Legal Education in UK
If anyone have a law degree from a British university or college, they are eligible to practice not
only in India but also in the UK. Additionally, they can repress ent clients wherever they may be.

5
Liver Pool John Moors University, https://www.ljmuisc.com/blog/studying-law-in-uk (last visited Jan 31st, 2023)

10 | P a g e
They can acquire global exposure and an advantage over others by becoming a barrister and
returning to India for practice. Because of that exposure to international commerce, businesses are
more likely to accept them.

Although usually matching international norms, law courses and programs in India are primarily
theoretical. Universities and colleges in the UK, on the other hand, stick to the realistic and skill-
based approach. But anyone, who enrolled as an advocate from India can practice only in India,
within the respected law degree from here, that should be changed.

The aim of UK law programs is to provide students with transferrable skills such as critical
thinking, analytical reasoning, problem solving, leadership, adaptability, teamwork, writing,
listening, creativity, attention to detail, relationship building, report and draft writing, debating,
negotiation, communication, arranging, decision making, and meeting deadlines.

Legal Education in Germany6

Scholarships at the master's level are accessible for students from South Asia, Latin America, and
other regions to pursue a doctoral degree in public policy at a participating German university.
Applicants must have completed a comparable law undergraduate degree. The DAAD provides an
annual study and research stipend of EUR 460, an appropriate travel allowance of EUR 850.00, and
a monthly instalment of EUR 850.00. Additionally, if eligible, students will receive a rent subsidy
as well as a spouse or kid allowance. The scholarship also covers liability, accident, and health
insurance in Germany.

For PhD or post PhD degree holders in the field of law, the Max Planck Society Research
Scholarships are available in Germany. The scholarship offers € 1365 to 2,300 each month as a
part-time payment for the student's tuition. German natives are not eligible for this award; it is
accessible to applicants from all through the world.

Legal Education in Canada

The bachelor of law and master of law degrees are the two alternatives accessible to law students in
Canada.

6
Key Stone Law Studies, https://www.lawstudies.com/countries/germany (Last visited Aug 12, 2023)

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 - A bachelor's degree in law typically takes three years to complete. Under the guidance and advice
from experienced attorneys, students will gain a general understanding of the major legal
disciplines.

In addition, they take part in exercises that develop legal expertise, such as enacting legislation
settling disputes, and mediation. International students can study for a Master of Law in around 2
years after completing their undergraduate program. This program will give students an excellent
learning opportunity, help with developing their practical legal skills, and help students to get a
thorough understanding of legal principles. Additionally, the course of study works closely with
industry to aid in the growth of the skills that are necessary.

Open Guidelines for Incoming Foreign Students

The Study Direct Stream (SDS) visa program has been formally in place and regularly utilized
since 2018. Since then, this legislation has made it possible for students who lacked money to
fulfill their ambition of studying abroad to do so in Canada. The benefits of the SDS policy are as
follows:
 There is no need to provide financial documentation.
 No study strategy is necessary.
 Most Canadian universities accept applications without restrictions.
 IELTS score above 6.0 (no band lower than 6.0).
Such policy measures can also be implemented in India

WAYS TO GO FORWARD
 Encaging Students in Practical Learning Experiences.
 Bringing Reforms from Old- Fashioned Learning.
 By Providing Efficient Infrastructure Development.
 By Giving Importance to Both Practical & Theoretical Learning at Same Level.
 By Providing Quality Legal Education to All Levels of Legal Aspirants.
 Ban Law Colleges That Not Providing Quality Legal Education.
 Conventional Exam Method Should Be Changed.
 A Placement Cell Should Be Established in All Law Colleges.
 Old Purpose of Legal Aid Clinic Want to Changed.
 Advanced Technology Wanted to Use.
 Empower Law Aspirants to Enable Them to Shine Before at International Level.

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 Good Scholarship Policies Wanted to be Implemented.
 Duration of Academic Studies Should be Reduced.
 Welcome Students from Other Countries to Study Here.
 Focus on Skill than Mug-up
 Encourage Every Students to Participate in Moot Courts Exercises.

CONCLUSION
For the purpose of continuing to recognize professional degrees in law earned from recognized
universities in accordance with Sections 7(1)(h) and (i), 24(1)(c)(iii) and (iii a), and 49(1)(a) and
(d) of the Advocates Act, 1961, the Bar Council of India, working together with Universities and
State Bar Councils, has developed rules describing establishing and upholding standards of legal
education and inspecting Universities. And UGC has also implemented many measures for legal
education system in India. These two important machineries have a crucial responsibility to provide
good legal education to the legal aspirants in India.

Modern legal education has been suffering from an overall decrease in quality. Legal education
needs to be flexible enough to meet society's changing requirements and capable of handling the
complexity of different circumstances. The area of weakness should be found and fixed before it
grows beyond the ability of competent people. These issues impede students' growth and
development, so law schools need to deal with them through some self-analysis. The current
system of legal education needs rapid improvement. It is past time to include a practical approach
to the curriculum in in addition to moot courts. Legal reforms should be needed according to the
changing circumstances in legal education system in India.

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 UNVEILING COMPETITION IN THE DATA REALM: A
HOLISTIC EXAMINATION OF THE INTERWOVEN
LANDSCAPE OF COMPETITION LAW AND DATA
PROTECTION

Author: Stuti Mishra, Siksha O Anusandhan National Institute of Law, Bhubaneswar, Odisha

INTRODUCTION
Being complicated and dynamic fields of law, the intersection of competition law and data
protection regulation has grown increasingly with time. Both competition law and data protection
regulations aim to safeguard consumer protection and promote fair competition in the marketplace
but they use varied approaches to achieve the end goals. Competition law promotes fair
competition in the market with an emphasis on preventing anti-competitive practices exhibited by
business entities and companies. On the other hand, data protection aims to protect the privacy and
integrity of the collected, processed, and stored data from individuals. These two fields intersect
when various business entities mis utilize customer information to their benefit. An entity might
use personal data, for instance, to develop new goods or services or to target advertising to a
particular consumer group. This use of personal data connected to privacy rights can be viewed as
an anti-competitive aspect, especially if it offers the company an unfair advantage over other
competitors in the marketplace. Regulators worldwide are debating how to strike a balance between
the need to safeguard consumers while promoting fair competition and the need to guarantee that
companies have access to the private information they require to develop and expand. It is,
however, anticipated that this field of law will continue to develop and become even more
complicated as technology advances with time.

THE NEXUS OF DATA MONOPOLIES AND COMPETITION LAW

Data monopolies and abuse of dominance at the intersection of data protection law and competition
law is a crucial issue that involves the possibility that dominant businesses will use their control
over user data to gain an unfair competitive advantage while also violating the privacy rights of
individuals. Due to their market dominance, several businesses, particularly in the tech sector, have
gathered enormous volumes of consumer data. As a result, businesses have a big edge over rivals
since they can use the data to enhance their products, better understand consumer behaviour, and
more precisely target advertising. A monopoly or dominant market position may result from such
data-driven advantages. These powerful companies have the potential to violate people's privacy
rights as they gather and analyse vast volumes of user data. They might utilize the information in

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ways that people did not authorize or foresee, which would violate their privacy. Regulators must
strike a balance between fostering healthy competition and defending people's right to privacy. This
can entail placing limitations on dominant organizations' use of data, ensuring that users have real
control over data sharing, and possibly requiring these businesses to offer interoperability or data
portability alternatives in order to promote competition.

NAVIGATING THE CONFLUENCE OF MERGERS, DATA, AND

COMPETITION LAW
Particularly in the context of mergers and acquisitions involving businesses that manage significant
amounts of user data, merger control and data offer a crucial point of junction between competition
law and data protection regulation. Competition authorities consider whether the emerging
business will establish or strengthen a dominant position in the market when examining a merger or
acquisition or not. A merging entity's market power may increase beyond conventional or
traditional measurements if it has access to a sizable amount of user data, which could alter the
dynamics of the market. Consumer choice may be restricted by mergers that result in the
concentration of data in the hands of a single firm. Consumers may have fewer options for goods
and services if there is less competition, which might result in higher costs, inferior quality, and
less innovation. A merged entity may accumulate enough data to raise entrance barriers for possible
new competitors. Inability to access comparable volumes of data may prevent new competitors
from effectively competing in the market. To lessen any anti-competitive impacts, competition
authorities might attach remedies or conditions to mergers. These solutions may consist of steps to
maintain the security of user data or to maintain rivals' access to crucial and sensitive data sources.
Users may need to be given the choice to revoke their consent after the merger or have their data
transferred to a different provider. This is consistent with the user preference and data portability
concepts in data protection regulations.

MARKET DISTORTIONS AND UNFAIR GAINS: DATA-DRIVEN

COLLUSION IN THE DIGITAL ERA
The potential for anti-competitive activities made possible by the exploitation of user data is
highlighted by data-driven collusion, which is a significant point of convergence between
competition law and data protection regulation. Data-driven collusion is the act of competitors or
rivals using data which is frequently gained from shared sources, to operate in an anti-competitive
manner. Based on the information obtained via data analysis, this behaviour entails coordination or
cooperation, which ultimately distorts market competition. In the digital age, where businesses

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have access to enormous amounts of consumer data that may be utilized to give themselves an
unfair advantage over rivals, this is a growing worry. Even in the absence of formal agreements,
data sharing might encourage coordinated actions that resemble collusion. On the basis of shared
data, businesses may independently change their tactics, which could result in actions that resemble
collusive behaviour without any communication. Shared data can be analysed by algorithms and
Artificial Intelligence systems to evaluate pricing tactics or market activity. If various
organizations' algorithms respond to the same data signals, this could accidentally result in
collusive outcomes. The usage of users' data for purposes for which they did not give consent might
result in privacy violations when companies share data without the necessary precautions. In order
to prevent data-driven collusion, regulators must strike a balance between enabling genuine data
exchange for reasons like innovation and research. It is vital to establish rules for ethical data
sharing.

USER WELFARE AT THE CORE: UNVEILING DATA PROTECTION'S

BENEFICIARY FOCUS
Priority is given to the welfare of persons in both data protection and competition law. Individuals
are the primary benefactors of data protection law, as opposed to customers, who are indirectly
benefited by competition law. The counteracting power asymmetries is a shared goal. In order to
create a more just digital environment, data protection regulations and competition legislation work
in partnership. Together, these regulatory frameworks seek to ensure a balanced, fair, and user-
centric digital environment by encouraging competition, safeguarding user autonomy, assuring
transparency, and combating exploitative endeavours. Anti-competitive practices including price
discrimination, tying arrangements, and exclusive dealing are prohibited by competition law. By
providing dominant players with unfair advantages over rivals, these behaviours have the potential
to lead to power imbalances. Fair competition fosters an atmosphere where lesser players can
engage in competition with bigger ones in the market. By doing this, power disparities are balanced
out and dominant businesses are prevented from improperly using their position to restrict
competition. Regulations governing data protection allow individuals control over their own private
data. These laws address power imbalances between people and the organizations that gather and
utilize their data by giving users control over how their data is utilized. Individuals are required to
provide informed consent in accordance with data protection rules before their information is
collected or processed. By making sure that people are aware of how their data will be utilized, this
criterion minimizes the possibility of abusive practices that result from informational imbalances.

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 CASE STUDY: UBER'S DATA SHARING CONTROVERSY
The complicated interaction between competition law and data protection regulations is illustrated
by a number of real-world case examples. These cases demonstrate the difficulties that regulators
encounter when trying to address problems with data monopolies, anti-competitive activity, and
user privacy. In a series of incidents known as the "Uber data sharing controversy," the ride-hailing
business Uber came under intense regulatory and public criticism for how it handled a data breach
that happened in 2016. There were claims that Uber tried to cover up the breach and bribed the
hackers to keep the issue quiet after the incident involved a breach of private and sensitive data
belonging to both users and drivers. Concerns concerning user privacy, data protection, and
regulatory compliance were brought up by this controversy. In 2016, hackers obtained illegal
access to a database holding the names, email addresses, phone numbers, and driver's license
numbers of about 57 million Uber users and 600,000 drivers.7 Uber made the decision to conceal
the issue rather than openly announcing the breach and alerting the affected users. Uber paid the
hackers $100,000 to remove the data they had taken and cover up the breach.8 The fact that this
payment was made in the name of a bug bounty program generated ethical issues and sparked
accusations of a cover-up attempt. 2017 saw the disclosure of the breach and the following cover-
up. Investigations into the incident and Uber's management of it have been started by a number of
regulatory agencies, including the attorneys general of many U.S. states and foreign data protection
agencies. In order to satisfy charges relating to the breach, Uber reached a $148 million settlement
with U.S. state attorneys general in 2018.9 As part of the settlement, Uber was required to establish
improved incident response processes and data protection measures. Stricter guidelines for data
breach reporting and user notification were enforced by the General Data Protection Regulation
(GDPR), which took effect in 2018. Uber improved its data security procedures and transparency
after the issue. The Uber data sharing controversy brought to light how crucial it is to be
transparent, to report breaches quickly, and to notify users in the right way. Additionally, it
highlighted how data security and regulatory compliance are intertwined, with ramifications for
both consumer privacy and competition legislation. The incident underlined the necessity for
responsible data protection policies and regulatory compliance in the digital era and served as a
warning tale for businesses handling sensitive user data.

7
Lee, Dave (November 22, 2017). "Uber concealed huge data breach" by BBC News
8
Farivar, Cyrus (November 21, 2017). "Hackers hit Uber in 2016: data on 57 million riders, drivers stolen" by Ars
Technica
9
Fung, Brian (September 26, 2018). "Uber reaches $148 million settlement over its 2016 data breach, which affected
57 million globally" by The Washington Post

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 CONVERGENCE OF GOALS: BRIDGING DATA PROTECTION AND
COMPETITION OBJECTIVES
Businesses that emphasize and safeguard user privacy can set themselves apart from competitors as
people grow increasingly sensitive about how their personal data is gathered, utilized, and shared.
New companies and services focused on data security and privacy have emerged as a result of this
trend.10 The seamless integration of the frequently complex interactions between competition law
and data protection regulations is crucially dependent on intellectual property (IP). By granting
innovators exclusive rights, IP rights, which include patents, copyrights, trademarks, and trade
secrets, encourage innovation and create a favorable environment for technical progress. However,
this must be weighed against the objective of competition law, which is to stop monopolistic
behaviour. Recognizing that while IP rights promote innovation, their exploitation might result in
anti-competitive behaviour is necessary to establish equilibrium. Similar to this, the rise in data-
driven innovation demands that IP rights and data protection standards be reconciled. Modern
innovation depends on data, but its collection and usage must respect users' privacy rights.
Therefore, IP rights must be taken into account within the context of data protection to ensure that
data collection, storage, and analysis are done in an ethical and open manner. The role of
intellectual property in the convergence of competition law and data protection regulation
ultimately entails encouraging innovation while limiting anti-competitive practices and upholding
privacy rights, necessitating a comprehensive approach that is in line with the more general societal
goals of both disciplines.

When the material extent of the two disciplines overlap, data protection should serve as a
normative benchmark for competition legislation, and the two policies should be applied
holistically.11 It is supported by the fact that both policies have similar goals, comprehensive
strategy, both encourage market integration while striving to protect people and address disparities
in power. Data is crucial in today's digital economy for fostering competition. Large data access
allows businesses to stand out from the competition by providing more specialized services,
revolutionary products, and improved customer experiences. However, if it results in data-driven
monopolies, this advantage could become anti-competitive. By incorporating data protection
principles into competition legislation, it is ensured that user rights and market fairness are not
10
FTI Consulting Journal, Can Data Privacy be a Competitive Advantage? JD Supra, 2021, in particular with regard to
Siemens’s cloud-based platform “MindSphere”; Wenhong, P. et al., “As We Grow, It Will Become a Priority”:
American Mobile Start-Ups’ Privacy Practices, The American Behavioral Scientist, Vol. 62, No. 10, 2018, pp. 1351–
1352; See also Commission, Competition: Commission publishes findings of evaluation of Market Definition Notice,
Press Release, 12 July 2021, on non-price competition
11
Costa-Cabral, Francisco and Lynskey, Orla (2017) Family ties: the intersection between data protection and
competition in EU Law.Common Market Law Review, 54 (1). pp. 11-50. ISSN 0165-0750

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jeopardized in the process of data collection. Regulatory agencies can collaborate to handle
complicated challenges that entail both privacy and competition concerns by harmonizing data
protection and competition law. In addition to encouraging an in-depth approach to difficulties
confronting the digital market, this eliminates regulatory overlap and inconsistency. Global
operations are common for businesses utilizing an enormous amount of data. Global tech-giants are
prevented from engaging in regulatory arbitrage by a comprehensive strategy that blends data
protection and competition law and provides uniform regulation across territories. This
acknowledges the significance of data in the modern economy and the importance of safeguarding
individual rights while promoting fair competition.

CHARTING THE PATH AHEAD: COLLABORATION, REGULATION,

AND EMPOWERMENT
The interplay of data protection legislation and competition laws offers a challenging and complex
predicament. Conflicts in objectives can arise when the goals of promoting competitive markets
and defending personal privacy rights are not harmonized. Concerns about data monopolies and the
exploitation of market power through data accumulation are brought up by the emergence of
business models that are data-driven. Addressing the possibility for algorithmic collusion driven by
shared data insights and determining when rival data-sharing agreements improve innovation or
cross the line into anti-competitive collusion become complex. The fact that the digital economy is
global further exacerbates the situation because different jurisdictions have different approaches to
competition and data protection, potentially leading to regulatory inconsistencies. Authorities face
challenges when trying to navigate the technical intricacies of developing technologies and enforce
legislation in quickly changing digital markets. To effectively handle these complex issues, a
healthy balance between competition and data protection requires careful coordination across
regulatory agencies, technological proficiency, precise legislative definitions, and strong systems
for oversight and enforcement.

The intersection of competition law and data protection regulation is a crucial space where the
future of innovation, free markets, and individual rights merge in the ever-changing digital age.
Despite its many difficulties, this convergence presents a unique chance to create an entirely novel
approach that simultaneously protects competitiveness and privacy. Finding the appropriate balance
becomes increasingly vital as we navigate the complexities of data-driven economies, both from a
regulatory and a societal perspective. The seamless incorporation of data protection principles as a
procedural baseline within competition law demonstrates the rising understanding that privacy is

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more than just a nice-to-have; it is a pillar of market integrity. The notion of data-protected
competition emphasizes the revolutionary potential of balancing market dynamics with user
autonomy, preventing technology advancement from sacrificing individual decision-making.
Although the road ahead will be difficult, it will be marked by opportunities for interdisciplinary
cooperation, innovative regulatory strategies, and the development of a digital environment that
fosters competition, creativity, and the unwavering protection of human rights. A more equitable
and prosperous future will be shaped by the convergence of innovation and individual
empowerment, which is why it is crucial for competition law and data protection regulation to be
harmonized. This is more than just a legal undertaking; it is a philosophical claim that the digital
world can be both fiercely competitive and deeply respectful of human dignity.

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 "BEHIND THE VEIL: UNVEILING THE LEGAL BATTLE
AGAINST BRIDES OF ISIS"

Author: Abhishek Yadav, B.A. LL.B.(Hons.) Student at University of Allahabad

ABSTRACT
An extensive legal research paper titled "Behind the Veil: Unveiling the Legal Battle Against
Brides of ISIS" dives into the crucial and intricate subject of wives of ISIS and the legal issues
relating to them. This essay tries to shed light on how fundamentalist Islamic doctrine has
influenced these women's radicalization process, as well as how the ISIS program has spread
among them. It looks at the living situations and risks of radicalization in camps managed by
peacekeeping organizations as well as the effects on innocent kids who live with radicalized wives.
The article also discusses significant court decisions and cases that have influenced the law
concerning ISIS brides, as well as how these brides have participated in atrocities and crimes such
the trafficking and enslavement of Yazidi and other religious minority women. Along with the
difficulties in prosecuting and rehabilitating them, the legal actions taken by several nations and
international organizations against ISIS brides are examined. In order to safeguard and rehabilitate
the children of ISIS brides, the paper proposes extensive legislative measures and emphasizes the
value of international cooperation. It seeks to help create a safer and more equitable world by
properly tackling this issue.

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Keywords: Brides of ISIS, Ideological Web, Vulnerabilities, Exploitation, Peacekeeping
Organizations, Fundamentalist Islamic Ideologies, Radicalization, Culture of Violence,
Accountability, Rehabilitation, Deradicalization, Children, Collective Action, Justice, Compassion,
Pursuit of Peace, Safe World, Harmonious World, Global War On Terror, Justice.

INTRODUCTION
The brides of ISIS are a disturbing phenomenon that has emerged in the shadows of the global war
on terror. These women, drawn in by promises of adventure and purpose, found themselves
entangled in a web of terror, becoming both victims and agents of radicalization. According to
Martin Luther King Jr., "Darkness cannot drive out darkness; only light can do that. Hate cannot
drive out hate; only love can do that." The court case involving these brides has assumed center
stage as it deals with intricate issues of responsibility, justice, and the delicate job of disentangling
the ideological thread that links them. In-depth analysis of this legal conflict is provided in this
article, along with an explanation of the difficulties encountered and the pressing necessity for all-
encompassing action.

It is impossible to exaggerate how serious and urgent the situation is. The wives of ISIS constitute a
nexus of exploitabilities and weaknesses, where the philosophies of justice and liberation come into
conflict. These women, who frequently reside in camps sponsored by the United Nations, the
European Union, and other peacekeeping agencies, find themselves entangled with Islamic
extremist ideology, which feeds a deep-seated hostility toward other faiths. Their presence in these
camps prompts worries about both their own possible radicalization and the potential radicalization
of the defenseless youngsters living next to them.

It is essential to look at how these ISIS brides are promoting the terrorist group's agenda in order to
completely grasp the scope of the current legal dispute. They actively contribute to spreading
extremist ideology and sustaining a culture of violence, going beyond just passive affiliation.
Additionally, they are accountable for aiding and abetting the atrocious crimes carried out by ISIS,
such as the slavery of females from religious minorities, like the Yazidis, who were subjected to
unspeakable horrors.

Around the world, legal issues are being discussed and actions are being made in this context. The
purpose of this article is to highlight significant decisions and instances that have influenced how to
handle ISIS brides. The volume of ISIS brides and their children residing in camps managed by

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UN, EU, and other peacekeeping organizations is a significant concern that has been documented
by numerous reputable sources, including the UN Human Right Council. Furthermore, it explores
the requirement of comprehensive legal measures to address the crimes committed by these
individuals, focusing on accountability, rehabilitation, and the crucial task of deradicalizing both
the brides and their vulnerable children. These groups have carried out studies, investigations, and
interviews to clarify the scope of the problem. Although the precise numbers may vary based on the
context and the time of reporting, the information provided by these groups aids in determining the
scope of the problem.

In camps or prison facilities run by foreign organizations, thousands of women and children with
ties to ISIS are reportedly living, according to reports by the UN Human Rights, Amnesty foreign,
and Human Rights Watch. These people come from a variety of backgrounds and countries,
demonstrating the terrorist group's global influence.

For instance, the UN Human Rights Council's report from 2019 noted the approximately 11,000
international women and children related to ISIS who were being detained in Syria and Iraq. The
report highlighted the urgent need for nations to address the issue and assume responsibility for its
citizens, particularly in the case of kids who are the innocent victims of their parents' decisions.

In order to learn more about the people living in these camps and the difficulties they encounter,
Amnesty International and Human Rights Watch have also conducted investigations and interviews
with camp residents. They have drawn attention to problems like congestion, a lack of access to
essential facilities, a lack of educational opportunities, and worries about radicalization within the
camps in their reports.

The data provided by these groups provides a basis for comprehending the magnitude of the
problem, even though the precise figures may change over time as repatriation efforts and legal
processes advance. The most recent and accurate information on the number of ISIS wives and
their children residing in camps administered by the UN, EU, and other peacekeeping organizations
must be found in official publications and reports.

The fight against ISIS brides is one that requires quick attention and coordinated action. Not only is
it a fight for justice, but also for future generations. We want to illuminate the future by digging
into the intricate details of this legal conflict in order to show how justice, compassion, and the

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 pursuit of peace may coexist. We can dispel the gloom and open the door to a world that is safer
and more peaceful by working together.

THE SPREAD OF ISIS AGENDA AMONG BRIDES OF ISIS

A. Factors contributing to the radicalization of brides of ISIS
ISIS brides undergo a difficult process known as "radicalization," which is impacted by a number
of circumstances. To fully grasp the scope of their engagement and the difficulties encountered in
responding to their acts, it is imperative to understand these elements. Their radicalization is
influenced by a number of important factors:
 Sociopolitical Factors: Economic inequality, political turmoil, and societal marginalization can
foster a radicalization-friendly environment. ISIS brides frequently come from places with a lot of
conflict, instability, and unfavorable economic conditions. Due to their search for meaning,
identity, and a sense of belonging, these elements may render people more open to extremist
beliefs.
 Personal Grievances: People may become involved in extremist movements as a result of personal
grievances such as perceived injustice, prejudice, or trauma. Some ISIS wives may have personally
suffered or observed tyranny, loss, or bloodshed, which may have fueled their desire for vengeance
or misguided sense of justice.
 Online Recruitment and Propaganda: The pervasive use of social media and online platforms by
ISIS and its supporters has been instrumental in radicalizing individuals worldwide. ISIS leverages
sophisticated propaganda campaigns to recruit and indoctrinate potential brides. The allure of
adventure, belonging, and empowerment presented through carefully crafted narratives can sway
vulnerable individuals into joining their ranks.
B. Influence of fundamentalistic Islamic ideology and the adoption of a radicalized worldview
The engagement of ISIS brides is largely motivated by fervent Islamic theology and the adoption of
a radicalized worldview. The radical ideology preached by the organisation has a significant impact
on these women, even if it is critical to distinguish between the teachings of Islam and the extreme
interpretations spread by ISIS. It influences their motives, behaviors, and beliefs.

To further its own murderous agenda, ISIS misinterprets and selectively applies Islamic teachings.
They spread a story about doing religious duties and exhort followers to wage holy war (jihad) to
create an Islamic kingdom. ISIS indoctrinates its brides with a radicalized worldview that
dehumanizes people who do not follow their extreme interpretation of Islam, encouraging a sense
of superiority and hostility towards people of other religions.

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C. Role of ISIS propaganda and indoctrination techniques
ISIS has mastered the art of propagandizing and indoctrinating, using cutting-edge strategies to
influence and radicalize people, including ISIS wives. To spread their radical ideology and enlist
new members into their ranks, they make use of social media websites, films, internet forums, and
encrypted messaging programs.

ISIS's propaganda frequently depicts an idealized view of life under their rule, promising
adventure, a sense of purpose, and a utopian society ruled by their rigid interpretation of Islamic
law. They take advantage of weaknesses and the pursuit of identity, meaning, and belonging.
Constant exposure to radical ideas and recruitment tactics can weaken critical thinking and
normalize violence over time, encouraging the adoption of extremist viewpoints.
D. Specific examples and case studies
The radicalization process and the impact of ISIS ideology on brides are illustrated by a number of
concrete examples and case studies. The tale of Shamima Begum, a British teen who left her home
to join ISIS in Syria, is one such instance. Begum's exposure to ISIS propaganda on the internet,
which praised the caliphate and promised a sense of purpose and belonging, is what ultimately led
to her becoming radicalized.

Another instance is Hoda Muthana, an American lady who enlisted in ISIS and afterwards
requested repatriation. Muthana became radicalized as a result of her exposure to extremist content
on social media and subsequent online encounters with ISIS militants, who helped her on her way
to joining the group as an ISIS bride.

These incidents serve as an example of the potency of online radicalization and the enormous
influence ISIS messaging has on the thoughts and deeds of prospective ISIS wives. They show how
easily gullible people can be seduced by the attractiveness of the extreme ideology that ISIS
advocates, sending them on a path to radicalization and affiliation with the terrorist organization.
Additionally, studies carried out by groups like the Institute for Strategic Dialogue have shown the
strategies used by ISIS to attract brides and advance its extremist goal. These studies illustrate the
methods used to persuade weak people to join their ranks, including emotional appeals, personal
stories, and assurances of empowerment. Individuals are frequently gradually indoctrinated as part
of the process, being cut off from opposing viewpoints and gradually exposed to more extreme
content.

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 Case studies and eyewitness reports offer priceless information about the process of radicalization
and the effect of ISIS ideology on brides. They serve as a reminder of the need for immediate
action to stop the spread of extremist propaganda, establish counter-narratives, and create plans to
stop susceptible people from succumbing to the appeal of terrorism.

LIVING CONDITIONS AND RADICALIZATION IN CAMPS RUN BY

PEACEKEEPING ORGANIZATIONS
A. Overview of the camps and their purpose
For displaced people, including those with ties to ISIS, shelter, humanitarian aid, and protection are
crucially provided by camps constructed and supervised by UN, EU, and other peacekeeping
organizations. People escaping crisis zones might find protection and help in these camps, which
act as temporary settlements. The main goals of these camps are to provide the residents' basic
needs, to ensure their wellbeing, and to make it easier for them to eventually return to or integrate
into society.

But these settlements face particular difficulties because of the ISIS brides who live there. Due to
their radicalization and involvement in extremist activities, these women offer a complex dynamic
that needs careful control and attention. A careful balance must be struck between treating their
legal situation, preventing radicalization, and guaranteeing the safety and well-being of the
innocent people who live next to them.
B. Issues with combating radicalization in the camps
Several factors make it difficult to prevent radicalization inside the peacekeeping groups' camps,
including:
 Limited Resources: Camps frequently experience resource shortages, which makes it challenging
to offer complete programming, instruction, and mental health care to successfully combat
radicalization. The execution of customized treatments to meet the unique needs of people at risk of
radicalization can be hampered by a lack of money and overcrowding.
 Extremist elements present: There is a danger of the propagation of extremist ideology due to the
radicalized individuals present in the camps, especially ISIS brides. These people may actively
endeavor to recruit and indoctrinate others, so their influence can be felt even in a small space. To
recognize and expel those who are encouraging radicalization, security authorities must remain
vigilant, acquire intelligence, and work along with camp administration.
 Vulnerability and Trauma: Many camp residents, especially the ISIS-affiliated children and
women, have gone through considerable trauma and loss. As people look for comfort, meaning,

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and identity within extreme beliefs, traumatic events, coupled with a feeling of displacement and
disempowerment, might increase people's susceptibility to radicalization.
C. Impact on innocent children living with radicalized brides of ISIS
These camps house innocent children who coexist with radicalized ISIS brides, raising questions
about their safety and the possibility of generational radicalization. Due to their upbringing or birth
in an environment where extremist views are pervasive, these kids are more susceptible to being
brainwashed and contributing to violent cycles. According to studies, early exposure to extreme
ideologies might affect children's worldviews and make them more vulnerable to radicalization.

The possibilities of deradicalization and rehabilitation for both the brides and their children may be
further hampered by the limited availability to healthcare, education, and psychosocial support
within these camps. They run the risk of developing a distorted view of the world and a propensity
for extreme beliefs if effective treatments and a comprehensive strategy are not implemented to
address their special requirements.

Over 11,000 foreign women and children linked to ISIS are reportedly being detained in camps in
Syria and Iraq, according to reports from the Human Rights Watch, Amnesty International, and
United Nations Human Rights Council (HRC, 2019; HRI, 2019). Initiated and run by UN, EU, and
other peacekeeping organizations, these camps are designed to give displaced people refuge,
protection, and humanitarian aid. The presence of ISIS brides within these camps, however, poses
special difficulties. Implementing comprehensive measures to combat radicalisation is challenging
due to a lack of funding and overpopulation (UNHCR, n.d.). Additionally, the presence of
extremist forces in the camps increases the chance that their ideology will spread and that they will
attract additional people (UNHCR, n.d.). One cannot ignore how radicalized brides affect the
children who live with them. According to studies, children who are exposed to extremist ideology
from a young age are more likely to become radicalized, continuing intergenerational cycles of
violence (UNHCR, n.d.). In order to stop these kids from becoming more radicalized and to protect
their wellbeing, it is urgently necessary to provide them with specialized care, education, and
psychosocial assistance.

Given the circumstances, concentrated efforts are needed to offer these kids specialized care,
education, and psychological support while highlighting their rights, resiliency, and protection from
further radicalization. Peacekeeping organizations might attempt to stop the cycle of

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intergenerational radicalization by addressing the particular difficulties faced by innocent children
raised by radicalized brides.

CASES AND JUDGMENTS HIGHLIGHTING THE LEGAL BATTLE

AGAINST ISIS BRIDES
A. Notable legal cases involving ISIS brides and their prosecution
The ongoing legal struggle against ISIS brides has been highlighted by a number of court
proceedings. One noteworthy instance is that of Shamima Begum, a British national who left the
UK in 2015 to join ISIS. As a result of the UK government depriving her of her citizenship, a legal
dispute arose over her ability to return to the nation and face charges (BBC, 2021). As a result, her
case attracted considerable attention. Hoda Muthana, an American citizen who went to Syria to join
ISIS, also had to deal with legal issues relating to her citizenship and possible repercussions once
she returned to the US (The New York Times, 2019).
B. Legal challenges in prosecuting ISIS brides due to jurisdictional issues
Due to jurisdictional issues, prosecuting ISIS brides entails difficult legal challenges. Many of these
ladies are from other nations and have participated in crimes that were perpetrated in various legal
systems. Since the combat zones where the crimes were committed frequently lack sufficient
documentation and forensic facilities, gathering and making evidence admissible presents
considerable challenges. Furthermore, disputes over jurisdiction occur when deciding whether
nation has the right to pursue these charges, thus complicating the legal dispute (Al Jazeera, 2019).
C. International efforts to hold ISIS brides accountable for their actions
There have been international initiatives to hold ISIS brides responsible for their deeds. The
International Criminal Court (ICC) is vital in the prosecution of those responsible for crimes
against humanity and war crimes. The International Criminal Court (ICC) has looked at ISIS-
related cases and issued arrest warrants for members of the organization, including ISIS brides
(ICC, 2021).

Additionally, nations have started legal actions based on their own domestic laws against ISIS
brides. As an illustration, Germany has brought legal action against numerous ISIS members,
including women who were allegedly involved in terrorist acts (DW, 2021). In addition to serving
as a deterrence to such terrorist attacks, these lawsuits seek to provide justice for the victims.

The way in which ISIS brides are handled legally has also been affected by important judgements.
Courts have in certain instances issued serious punishments because they understood the

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seriousness of their role. For instance, a German court condemned a Yazidi girl to six and a half
years in prison in 2019 for being a slave and being mistreated by an ISIS bride (The Guardian,
2019). Such verdicts strongly suggest that participation in terrorist acts, such as slavery and
trafficking, will not be tolerated.

It is significant to note that judicial systems differ and that different jurisdictions take different
tactics to prosecuting ISIS wives. These instances highlight the necessity for international
cooperation and concerted efforts to guarantee that justice is carried out and highlight the intricate
and always changing nature of the legal fight against ISIS brides.

INVOLVEMENT OF ISIS BRIDES IN ATROCITIES AND PARTNERING IN

CRIMES
A. Evidence of ISIS brides' involvement in enslavement and trafficking of Yazidi and other
religious minority women
Numerous pieces of evidence show that ISIS brides actively participate in the trafficking and
captivity of Yazidi and other religious minority women. International groups like Amnesty
International and Human Rights Watch have published reports detailing cases in which these brides
actively took part in the cruel exploitation and subjection of helpless women. Testimonies from
survivors show how ISIS brides had a direct hand in the kidnapping, detention, and sex slavery of
several defenseless victims (Amnesty International, 2014; Human Rights Watch, 2016).
B. Citing testimonies and writings of Nadia Murad, such as "The Last Girl," to highlight the
extent of atrocities committed by ISIS and its brides
A gripping memoir by Nadia Murad, "The Last Girl," gives a first-person account of the atrocities
Yazidi women suffered at the hands of ISIS, including the involvement of ISIS brides. Through her
brave account, Murad describes the terrifying ordeal of being kidnapped, sold into slavery, and the
victim of routine sexual abuse by ISIS members and their wives. Her testimony, along with that of
other survivors, serves as a horrifying reminder of the severity of the crimes done by ISIS and the
active part that its brides played in sustaining these atrocities (Murad, 2017).
C. Providing factual data and figures to emphasize the scale of crimes committed
Factual information and figures serve to further highlight the scope and severity of the atrocities
committed by ISIS brides. An estimated 3,000 Yazidi women and girls were still held captive by
ISIS as of 2020, according to a report from the UN (United Nations, 2020). Numerous Yazidi
women reportedly experienced forced marriage, sexual assault, and other forms of abuse, according
to the United Nations Assistance Mission for Iraq (UNAMI) (UNAMI, 2016). These numbers

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hardly scratch the surface of the crimes done by ISIS and its wives, highlighting the pressing need
for justice and accountability.

It is made obvious that ISIS brides were not passive observers of the horrible crimes committed by
ISIS but rather active participants through the concrete evidence—testimonies, reports, and factual
information—that is presented. The fact that these brides worked together to traffic and enslave
helpless women emphasizes how serious their involvement is and how quickly the victims need to
receive justice.

LEGAL ACTIONS TAKEN AND REQUIRED AGAINST ISIS BRIDES

A. Overview of legal actions taken by various countries against ISIS brides
Some nations have prosecuted these people for their involvement in terrorism-related activities in a
proactive manner. For instance, some ISIS wives have been tried and punished for their
involvement in terrorist acts in France (The Guardian, 2021). In a similar vein, the Netherlands has
aggressively pursued legal action against ISIS brides, stressing the significance of making them
answerable for their deeds (DutchNews.nl, 2020).
B. Challenges in prosecuting and rehabilitating ISIS brides
There are many difficulties in prosecuting and rehabilitating ISIS wives. The nature of crimes
committed in conflict zones and the involvement of numerous countries make it difficult to gather
admissible evidence frequently. Legal systems may also face difficulties in providing a fair trial
while preserving national security. Identifying and treating deeply ingrained radicalization, trauma,
and the possibility of re-engaging with extremist beliefs are challenges that the rehabilitation
process must overcome.
C. Proposing comprehensive legal measures to address the issue effectively, including
deradicalization programs
It's critical to take into account a range of legal options in order to address the issue of ISIS brides
in its entirety. The first step is for nations to prioritize gathering and preserving evidence from war
areas through international collaboration and coordination, making sure that the requisite legal
frameworks are in place for successful prosecution.

Establishing specialist deradicalization programs designed especially for ISIS brides is also
essential. These programs must to include attempts to promote reintegration as well as psychiatric
assistance, counseling, education, and job training. International collaboration and the exchange of

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top techniques in this area can make a significant difference in the effectiveness of rehabilitation
and reintegration efforts.

Furthermore, a victim-centered strategy that offers assistance and justice to those who survived
ISIS atrocities is crucial. This include making sure they are protected, making it easier for them to
get legal counsel, and giving them ways to give testimony and request restitution for the harm they
have endured.

Given the transnational nature of the problem, international cooperation is crucial. Collaboration
between nations, groups, and agencies can improve data sharing, intelligence collecting, and the
sharing of best practices in court cases and rehabilitation initiatives.
Countries may effectively handle the problems caused by ISIS brides by putting these complete
legal measures into place, guaranteeing that those who were harmed receive justice, encouraging
recovery and reintegration, and reducing the risk of radicalization in the future.

PROTECTING AND REHABILITATING CHILDREN OF ISIS BRIDES

A. Concerns regarding the radicalization of children living with ISIS brides
Radicalization of children who live with ISIS wives in camps or other settings is one of the serious
worries surrounding the issue of ISIS brides. These kids grow up in a culture that normalizes
violence and bigotry and is permeated with radical ideas. They run the risk of being exposed to
extremist ideologies and practices while growing up in such a setting. The problem is made worse
by the existence of radicalized women who can actively encourage and maintain radicalization in
their own children.
B. Importance of implementing programs to deradicalize and rehabilitate these children
The implementation of comprehensive programs that have an emphasis on the deradicalization and
rehabilitation of ISIS-affected youngsters is essential. The emphasis of these initiatives ought to be
on their security, wellbeing, education, and psychosocial assistance. Breaking the cycle of
intergenerational radicalization requires creating a supportive and stable environment that
challenges extremist narratives and promotes critical thinking.

The process of deradicalization is fundamentally reliant on education. Offering children a high-

quality education that values tolerance, human rights, and respect for variety can aid in battling
extreme ideologies and provide kids with the knowledge they need to make wise decisions. In

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addition, offering psychosocial support, counseling, and trauma-informed treatment is crucial to
addressing the psychological effects of their experiences and preventing more psychological injury.
C. Ensuring their safety and preventing future recruitment into extremist ideologies
The welfare of these kids must be safeguarded at all costs. The creation of a secure and nurturing
environment should be prioritized, as well as efforts to keep them apart from radicalized adults.
This might entail relocating to specialized care facilities or adopting foster children who can live
with families who can offer the support and safety they need.

The root causes of intergenerational extremism must be addressed in order to prevent future
enlistment in extremist beliefs. As part of this, community involvement and awareness programs
are used to alleviate socioeconomic inequalities, encourage social inclusion, and combat the allure
of extremist narratives. To build a comprehensive strategy that protects these children's wellbeing
and future, cooperation between government organizations, non-governmental organizations, and
local communities is essential.

Societies can take an active role in ending the cycle of violence and extremism by putting in place
comprehensive initiatives that put a priority on the deradicalization, rehabilitation, and safety of
children affected by ISIS. It is essential to invest in their health, education, and psychosocial
assistance not only for their own futures but also to stop the spread of extremist views and promote
a more inclusive and peaceful society.

CONCLUSION
A. Recap of the main points discussed
This article has examined the complex legal conflict involving ISIS brides, highlighting the
seriousness of the matter and the variety of difficulties it poses. We looked at how fundamentalist
Islamic theology affected these women and how the ISIS program spread among them as well as
how they were radicalized. With a focus on the effects on innocent children living with radicalized
brides, we also looked at the living situations and radicalization risks in camps managed by
peacekeeping organizations. We also emphasized major instances and rulings that have influenced
the legal environment pertaining to ISIS brides and the difficulties in prosecuting and rehabilitating
them.
B. Call to action for international cooperation in addressing the legal battle against ISIS brides
It is obvious that tackling the problem of ISIS brides calls for a concerted international effort. To
properly tackle this phenomena, there must be international cooperation between nations, groups,

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and institutions. Sharing information, intelligence, and best practices can boost judicial processes,
improve rehabilitation initiatives, and guarantee victims' justice.

In the context of battling the influence of ISIS and its brides, education becomes crucial, as Nelson
Mandela famously stated, "Education is the most powerful weapon which you can use to change
the world." One of the most important steps in averting radicalization and constructing a more
peaceful future is to invest in education that encourages critical thinking, tolerance, and respect for
variety. We enable people to make wise decisions and contribute to a peaceful community by
giving them the knowledge and abilities to confront extremist ideologies, especially the youth.
C. Final thoughts on the importance of finding a just and comprehensive solution
We must stress the significance of coming up with a fair and thorough solution to the legal conflict
involving ISIS brides as we draw to a close. It is important to not only hold those accountable for
their engagement in terrorism-related activities accountable, but also to address the core causes of
radicalization, safeguard innocent people, and support the rehabilitation and reintegration of all
those who have been impacted by this catastrophe.

In order to improve the quality of life for everyone, we must give special attention to helping those
who have fallen victim to radical views. Survivors of ISIS atrocities like Yazidi and other religious
minority women who have faced horrific tragedies are included in this. We demonstrate our
dedication to mending the wounds caused by ISIS and its brides by giving them access to justice,
compensation, and extensive support services.

The importance of funding deradicalization initiatives that concentrate on tackling the underlying
social, economic, and political conditions that fuel extremism cannot be overstated. In order to
build an environment that is less prone to radicalization and more supportive of peace and
cooperation, we must actively promote social inclusion, economic opportunity, and political
stability.

Consequently, even though the legal fight against ISIS brides is difficult and complex, it must be
waged. To guarantee that justice is carried out, victims are assisted, and a path to recovery and
peace is established for all those impacted by this urgent issue, let's continue to work together,
enhance legal frameworks, and coordinate worldwide.

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 Together, with empathy, knowledge, and unshakable dedication, we can create a society where the
chorus of acceptance, tolerance, and respect triumphs over the voices of hatred. Let's work to
eliminate the influence of extreme ideologies and lead with the values of justice, peace, and
humanity in order to make the world a better place for both the present and the future generations.

REFERENCES
 Amnesty International. (2019). Trapped and Desperate: Women and Children with Links to ISIS
Detained in Northeast Syria. Retrieved from
https://www.amnesty.org/en/documents/mde24/9937/2019/en/
 Human Rights Watch. (2020). Syria: Dire Conditions for ISIS Suspects' Families. Retrieved from
https://www.hrw.org/news/2020/02/19/syria-dire-conditions-isis-suspects-families
 United Nations Human Rights Council. (2019). Report of the Special Rapporteur on the promotion
and protection of human rights and fundamental freedoms while countering terrorism.
A/HRC/40/52.
 Institute for Strategic Dialogue (ISD). (n.d.). Retrieved from https://www.isdglobal.org/
 Neumann, P. R., & Stevens, T. (2015). Talking to Foreign Fighters: Insights into the Motivations
for Hijrah to Syria and Iraq. International Centre for the Study of Radicalisation and Political
Violence (ICSR).
 Vidino, L., & Hughes, S. (2016). ISIS in America: From Retweets to Raqqa. Program on
Extremism, George Washington University.
 United Nations High Commissioner for Refugees (UNHCR). (n.d.). Retrieved from
https://www.unhcr.org/
 European Union External Action. (n.d.). Retrieved from https://eeas.europa.eu/
 BBC. (2021). Shamima Begum cannot return to UK, Supreme Court rules. Retrieved from
https://www.bbc.com/news/uk-56112657
 The New York Times. (2019). Hoda Muthana, Alabama Woman Who Joined ISIS, Can’t Return,
U.S. Says. Retrieved from https://www.nytimes.com/2019/02/20/us/hoda-muthana-isis.html
 Al Jazeera. (2019). The legal challenges in prosecuting 'ISIS brides'. Retrieved from
https://www.aljazeera.com/news/2019/11/19/the-legal-challenges-in-prosecuting-isis-brides
 International Criminal Court. (2021). ICC Public Redacted Version of Decision on the
Confirmation of Charges against an Alleged Member of the Ansar Dine for Crimes against
Humanity and War Crimes in Timbuktu. Retrieved from https://www.icc-
cpi.int/CourtRecords/CR2021_015

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 Amnesty International. (2014). Escape from hell: Torture, sexual slavery in Islamic State captivity
in Iraq. Retrieved from
https://www.amnesty.org/download/Documents/MDE1463942014ENGLISH.PDF
 Human Rights Watch. (2016). "Our Generation is Gone": The Islamic State's Targeting of Iraqi
Minorities in Ninewa. Retrieved from https://www.hrw.org/report/2015/11/19/our-generation-
gone/islamic-states-targeting-iraqi-minorities-ninewa
 Murad, N. (2017). The Last Girl: My Story of Captivity, and My Fight Against the Islamic State.
Crown Publishing Group.
 United Nations. (2020). Report of the Secretary-General on the threat posed by ISIL (Da'esh) to
international peace and security and the range of United Nations efforts in support of Member
States in countering the threat. Retrieved from https://undocs.org/S/2020/826
 United Nations Assistance Mission for Iraq (UNAMI). (2016). The Killing of At Least 1,566
Civilians in Iraq in November. Retrieved from
https://www.uniraq.org/index.php?option=com_k2&view
 The Guardian. (2021). French Isis bride sentenced to 20 years in Iraq for terrorist offences.
Retrieved from https://www.theguardian.com/world/2021/jun/28/french-isis-bride-sentenced-to-20-
years-in-iraq-for-terrorist-offences
 DutchNews.nl. (2020). Netherlands faces legal obligation to repatriate ISIS women, lawyer says.
Retrieved from https://www.dutchnews.nl/news/2020/12/netherlands-faces-legal-obligation-to-
repatriate-isis-women-lawyer-says/
 United Nations Office of Counter-Terrorism (UNOCT). (2019). Repatriating, rehabilitating and
reintegrating children associated with foreign terrorist fighters: Promoting best practices, lessons
learned and the way forward. Retrieved from https://www.un.org/sc/ctc/wp-
content/uploads/2019/07/Report-repatriating-rehabilitating-reintegrating-children-FINAL.pdf

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 UNDERSTANDING AND TACKLING DIFFERENT TYPES OF
SEXUAL HARASSMENT AT THE WORKPLACE

Author: Shreyash Gupta, Student at Bhimrao Ambedkar University, Lucknow

ABSTRACT
Sexual violence comes in many forms and is a serious problem that affects all women around the
world, regardless of profession. But when we talk about sexual harassment in the workplace, we
usually talk about three types of sexual harassment. An unfavorable work environment, namely
sexual harassment, occurs when employees are treated inappropriately because of their gender,
resulting in poor and unhealthy working conditions that affect their jobs. This inappropriate
behavior can range from whispering to any physical act. Sexual Harassment is the issue that needs
to be addressed in the society so that the integrity and respect of the woman should be taken care of
in a better and more efficient manner.12

INTRODUCTION
Sexual Harassment” includes anyone or more of the following unwelcome acts or behavior
(whether directly or by implication), namely:
 Physical contact or advances;
 A demand or request for sexual favors;
 Making sexually colored remarks;
 Showing pornography;
 Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature13

TYPES OF WORK PLACE HARRASMENT

HOSTILE WORK ENVIORNMENT
People who work in a hostile environment often describe their workplace culture as toxic or tainted
with harassment and discrimination. Sound familiar? So you are not alone. This is the most
common form of workplace bullying.
Harassment environment sexually motivated harassment, which can include a variety of
inappropriate behavior such as: Sexual provocation "an employer's commitment to provide a
reward to its employees for sending a threat to work for those who refuse or refuse to comply with

12
Sexual Harassment of woman at workplace (Prevention, Prohibition and Redressal) Act ,2013
13
Sexual Harassment of woman at workplace (Prevention, Prohibition and Redressal) Act ,2013

36 | P a g e
 requests for sex or sexual favors or the consequences. These promises or threats may be express or
implied.

Consider the following example of unrequited sexual harassment in the workplace:

Tom, Mary's employer, means that her promotion is based on her satisfaction with her acceptance
of her sexuality. John tells his employee Beth that he will give him the money Chapter Talk to him
although bullying is common in movies and TV; it is more common in the workplace as the
association between environmental violence is rare.
EXCHANGE HARRASMENT
Exchange Harassment is when a manager or supervisor is paid, promoted, etc. It is the direct or
indirect solicitation of sexual activity for the sake of pleasure or to avoid bad things. Harassment in
the workplace, denial of permission, etc.
SEXUAL DISSATISFACTION
Sexual Dissatisfaction is when one person approaches another person seeking sexual attraction or
satisfaction, but the other person does not respond. This can lead to dissatisfaction or inability to
work, as well as a variety of responses such as alertness, anxiety, anger, fear, sadness and grief.
Although there are laws under Law to assist victims of sexual violence, organizations must
establish, draft, expand, and enforce these laws in a way that helps not to content them with swiftly
bringing workplace problems to justice.

HOW TO COMBAT SEXUAL HASSASMENT AT WORKPLACE?

The thought of reporting workplace harassment, discrimination or retaliation can be frightening and
intimidating. However, it is important to fight bullying in the workplace because it hurts the
employer.
 If you are being harassed by a coworker, client or client, report the harassment to your supervisor,
manager or Human Resources Department.
 If you are being harassed by a supervisor, manager, manager or business owner, please report the
harassment to another supervisor, manager, owner or manager control job. Alternatively, you can
report the harassment to Company Human Services or call the employee helpline to file a
complaint.

Employees have the right to work in a safe environment free from harassment and discrimination.
Therefore, any employee can report workplace harassment, discrimination or retaliation, even if the
unlawful behavior is not specifically directed at them. Exposure to a hostile work environment

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 fraught with harassment and discrimination can also be examined, just as passive smoking can be
harmful to residents14.

SUGGESTIONS
Negative aspects should be protected when addressing sexual harassment and establishing relevant
policies. Some of them are:
 Raising awareness about sexual harassment in the workplace. India's law on the prevention,
prevention and treatment of sexual harassment against women in the workplace defines and gives
examples of what constitutes workplace harassment work and provides the basis for a deeper
reform of the organization.
 Leaders must demonstrate through their words and actions that there is no tolerance for bullying in
the organization. They should make it clear that all employees, regardless of their background, will
be subject to the same punishment for harassment.
 Employers should regularly review information about sexual harassment, such as the number of
reported cases and how long the Committee takes to resolve complaints. They must be included in
all training and approved under the Anti-Terrorism Act.
 Employees should receive training on the causes of bullying to help identify such behavior to
prevent them from engaging in such behavior and to assist those affected.
 Employees should be aware of the grievance procedures available to them at their workplace so
that they can step forward and complain without fear of the consequences, including the behavior
of their coworkers because recommendations from colleagues rather than HR have a great impact,
it is important to use this to initiate and maintain an open dialogue between colleagues so that
employees understand and evaluate their role in preventing workplace bullying.

In fact, a study led by Edelman (Edelman Trust Barometer) says: "The biggest story in the Edelman
Trust Barometer data over the past 16 years is the death of traditional rights and the death of
'people like me' (friends, colleagues. or those we believe have similar or similar characteristics).
Therefore, to resolve workplace bullying, the internal team must act quickly, conduct a good and
fair investigation or investigation, and establish appropriate sanctions as necessary. Zero tolerance
for any form of bullying should be ingrained in the culture of the organization Organizations can
point to these actions and their unwavering commitment to holding people accountable for
incidents of bullying, even when hiding details of the event or private participant. Because mutual

14
Handbook on Sexual Harassment of woman at Workplace by Ministry of Woman and Child Development

38 | P a g e
 harassment is an abuse of power, it is important for businesses to have policies to gain the trust of
other employees and to ensure job security should employees file a complaint? As well as
communicating appropriately with the interviewer. The committee should not be biased when
dealing with certain individuals who have power or assets for business in the organization. For
example, if the defendant is a senior executive or partner, a strike should be made against him
rather than dismissal.

CONCLUSION
While workplace sexual harassment is common at work or in the profession, organizations that
begin to prevent and treat same-sex complaints are not accepted. Addressing a concern or detail
issue like this is an iterative process that involves testing solutions, monitoring implementation, and
learning from data to create better solutions.

In 2010, the High Court of Delhi endorsed the view that sexual harassment is a subjective
experience and for that reason held "We therefore prefer to analyze harassment from the
(complainant’s) perspective. A complete understanding of the (complainant’s) view requires an
analysis of the different perspectives of men and women. Conduct that many men consider
unobjectionable may offend many women.... Men tend to view some forms of sexual harassment as
"harmless social interactions to which only overly-sensitive women would object. The
characteristically male view depicts sexual harassment as comparatively harmless amusement.

Men, who are rarely victims of sexual assault, may view sexual conduct in a vacuum without a
full appreciation of the social setting or the underlying threat of violence that a woman may
perceive.15

FREQUENTLY ASKED QUESTIONS(FAQS)

Q1) What is a Workplace?
 A workplace is defined as “any place visited by the employee arising out of or during the course of
employment, including transportation provided by the employer for undertaking such a journey.”
 As per this definition, a workplace covers both the organized and un-organized sectors.
 It also includes all workplaces whether owned by Indian or foreign company having a place of
work in India.16

15
Dr. Punita K. Sodhi v. Union of India & Ors. W.P. (C) 367/2009 & CMS 828, 11426/2009 on 9 September, 2010, in
the High Court of Delhi

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 Q2) What are the key elements of workplace sexual harassment?
 Very often situations that start off innocently end up in inappropriate and unprofessional behaviors.
 It is important to remember that work place sexual harassment is sexual, unwelcome and the
experience is subjective.
 It is the impact and not the intent that matters and it almost always occurs in a matrix of power.17

Q3) what is the impact of inappropriate behavior of Sexual Harassment?

 The impact of sexual harassment at the workplace is far-reaching and it is an injury to the equal
right of women. Not only does it impact her, it has a direct bearing on the workplace productivity
as well as the development of the society.

Q4) What are the examples of behavior that constitute sexual harassment at the workplace?
 Making sexually suggestive remarks or innuendos.
 Offensive comments and jokes
 Inappropriate questions, suggestions or remarks about a person’s sex life
 Displaying sexiest or other offensive pictures, posters, whatsapp, mms etc.
 Physical contact such as touching
 Caressing, kissing someone against her will
 Stalking an individual
 Abuse of authority of power

Q5) What are the examples of workplace behaviors’ that may not constitute sexual harassment?
 Following-up on work absences.
 Requiring performance to job standards.
 The normal exercise of management rights.
 Work-related stress
 Condition of works
 Constructive feedback about the work mistake and not the person.

16
Sexual Harassment of woman at workplace (Prevention, Prohibition and Redressal) Act ,2013
17
Sexual Harassment of woman at workplace (Prevention, Prohibition and Redressal) Act ,2013

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 CRITICAL ANALYSIS OF THE HIV & AIDS (P& C) ACT, 2017
(Transmission of HIV from mother to child)

Author: Ity Sindhu, Student of Jamnalal Bajaj School of Legal Studies, Banasthali Vidyapeeth,
Rajasthan

INTRODUCTION
The HIV & AIDS (P & C) Act, 2017 is the statute which is providing protection from the
transmission of HIV & AIDS from one person to another. This is central legislation which is
applicable to all the cases related to transmission of HIV & AIDS all over the country. This act can
be called as “Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome
(Prevention and control) Act, 2017 which is,

Enacted on: April 20, 2017

Enforced on: September 10, 2018

HIV in this act is defined as “Human Immunodeficiency Virus” whereas AIDS is defined as
“Acquired Immune Deficiency Syndrome, a condition characterized by a combination of signs, and
symptoms, caused by Human Immunodeficiency Virus, which attacks and weakens the body’s
immune system making the HIV- positive person susceptible to life threatening conditions or other
conditions, as may be specified from time to time”. As per this statute, HIV positive person is one
who’s “HIV test has been confirmed positive”. And the HIV affected person means “an individual
who is HIV-positive or whose partner (with whom such individual normally resides) is HIV-
positive or has lost a partner (with whom such individual resided) due to AIDS”.

This Act, not only contains the provisions related to transmission and prevention of HIVS & AIDS
during the sexual inter-course but also from pregnant- woman to child in her womb. As per the
various studies, in case where pregnant lady is HIV positive then there is 15 to 30 per cent chances
of the transmission of HIV from a pregnant- woman to her fetus. Whereas this risk increases to 20-
45 per cent where infected lady breastfeed her baby child. According to the Section 2 (v),
explanation (ii) (c) of the same act, “circumstances which constitute significant- risk for
transmitting or contracting HIV infection are- the gestation, giving birth or breast feeding of an
infant when the mother is an HIV- positive person”.

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 Section 18 of this act also deals with this aspect. Section 18 of this act provides that:
(1) Clause 1 of this sections providing Central authority to make rules for “care, support and
treatment” of child which is infected with HIV or AIDS.
(2) Clause 2 says that Central or State Government should make rules to guide and communicate
information about the result of that pregnancy and treatment of HIV to the HIV infected pregnant-
lady.
(3) Clause 3 of this section says that No HIV infected lady who is pregnant “shall be subjected to
sterilization or abortion” without her own free will.

As per the recommendations of the WHO (World Health Organization), the necessary or required
services should be guaranteed to HIV positive women who are pregnant by laws of the country.
There are some countries which have laws which guarantees these services but The HIV & AIDS
(P & C) Act, 2017 is not delaying with these aspects. It is providing for making rules and taking
measures by central and state government but it is not giving any exclusive right in respect of safe
reproduction and abortion and also safe sexual intercourse. All the women have these rights under
Article 21 which provides for Right to Life. This Act of 2017, is somewhere insufficient to deal
with all aspects required or needed to prevent transmission of HIV from mother to

LITERATURE REVIEW
“Prevention of Mother-to-Child transmission of HIV”
-published by World Health Organization, Geneva
As per this paper, 1.3 million women are HIV positive. There is risk of transmission of HIV-1 from
15 to 45% from HIV positive mother to child. HIV-2 is hardly ever transmitted during the
pregnancy from the HIV positive women to her child. As per the studies, 15 to 35 per cent infant
dies if ART treatment is not given to HIV positive woman who is pregnant. In this publication,
WHO recommended various steps to prevent transmission of HIV from mother- to- child.

Following were the recommendations:

1. There should be proper tests and screenings at large scale to know whether pregnant woman is
HIV- positive or not. The pregnant woman whose results are positive for HIV should be present
with the treatment of ART but where pregnant woman are not qualified for ART whose results are
not positive should be given treatment of ARV prophylaxis.
2. The rights related to reproduction of HIV positive woman should be promoted and protected by
legislation which also include, “right to safe reproduction”.

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3. HIV infected women required proper care and treatment to protect the transmission as there is high
chances of transmission during the labor pain. Therefore, it is suggested to HIV positive woman
who is pregnant to give birth to her infant where proper medical services are available. Problems
which are coming in way of women to give birth at proper medical facility should be resolved by
proper authorities. Women should make delivery plans regarding the delivery of infant before the
delivery date. For example- plans related to medical places where to give birth, financial plans etc.
4. As per the studies of WHO, transmission risk of HIV from mother to infant increased with the
breastfeeding. Therefore, it is suggested to HIV positive mother to prevent herself from
breastfeeding her infant. She can use other ways to feed her child like hiring other woman for
breastfeeding or use bottle milk after few months of birth.
5. The HIV positive women who is pregnant should be given all kinds of information related to her
delivery or outcomes of that delivery. Women should have the freedom to take all decisions related
to that pregnancy after having all sort of information in this respect.
6. Most important thing during the pregnancy of HIV positive woman is proper intake of nutrition.
Therefore, there should be proper reassurance of nutrition to that pregnant lady.
7. In our society, some groups do not accept abortion. There is need to bring changes in their
perspective and thinking, so that it can make such kind of environment in which it become easy for
the HIV infected woman to make proper decision related to abortion and reproduction.

This paper also reveals some issues which are coming in a way to implement these
recommendations. These problems are:
1. HIV infected woman who is pregnant may not take treatment because of worry about the effects of
treatment and medicines on herself and her child. She may feel concern for the health of her infant.
This may create doubt in the mind of pregnant lady whether to take treatment or not.
2. Financial status of all HIV positive women who are pregnant may not be same. Some women may
not afford these treatments. Number of HIV positive women are not able to receive required
medical services because of this reason.
3. In India, we have male dominant society where all important decisions in household or matrimonial
relationship are supposed to be taken by male member. In this kind of environment, women may
required assent of her spouse or other senior male members of the family which may disagree from
receiving her the treatment or for abortion in case of any serious problem.
4. At some medical centers, some medical practitioner may after taking bribe, favor some particular
women where they do bias with other patients. They may provide extra benefits to some richer
sections or known personalities over the others.

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5. In India, large population is living in poverty. And in rural areas, there is lack of medical facilities,
and those HIB positive women who do not have proper transports may not be able to avail proper
treatment during her pregnancy. Some families may not afford the transport charges where services
are situated at distant places.
6. There is old tradition in India to deliver child at home. This tradition still prevails at some places.
This tradition somewhere protects HIV infected women who are pregnant to give birth at proper
medical facility.
7. Breastfeeding increases risk of transmission of HIV from mother to child. But in India,
breastfeeding is attached to morals and principles. For being a responsible mother, HIV infected
women may choose to breastfeed her child. Somewhere infected mother may forced by family
members to breastfeed her infant.
8. Our society still today, somewhere not allowed to choose option of abortion. This environment
creates confusion in mind of HIV infected women whether to choose the option of abortion or not.
It also creates a kind of social pressure on the HIV infected women.

STUDY
Constitution of India:
Article 21 of the Constitution of India provides for “Right to life and personal liberty”. It has wider
scope which also includes “right of women to make reproductive choices”. This “right to make
reproductive choices” impliedly includes that a woman has freedom to decide when to reproduce,
to plan for a family, to take decision related to abortion, access to sex education, access to medical
services and it also includes right to be informed all things about her health.

In one of the famous case of Puttaswamy v. Union of India, a nine-judges bench held that women
has right to make sexual and reproductive choices which come under ambit of Article 21. Under
“Right to life and personal liberty”,. Women has freedom to take decision related to her sexual and
reproduction. In few other cases also, this right is recognized by Supreme court of India.

“Right to make reproductive choices” is impliedly there in Part III of the Constitution under Article
21. Therefore, it is a fundamental right of women. There are various obstacles which coming in a
way of HIV positive women to enjoy this right effectively and efficiently. There are social,
economical as well as cultural obstacles like in various families specially in backward areas that
abortion is not good option to adopt by any woman. There are also some families which for a baby
boy, ready to take any kind of risks associated with mother and her baby. Also, in this make

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 dominated society, male member of family are supposed to take all these decisions related to
pregnancy. This somewhere is the infringement of this right given in Article 21.

But this right is not exclusively mentioned anywhere in The HIV & AIDS (P & C) Act of 2017. As
there is no right related to sexual and reproduction choice is mentioned in this act, there is also no
punishment for those who force any woman to act against her choice. These problems are not
addressed by this act of 2017.

Section 18 of this act giving freedom to woman to abort the child with informed consent but it is
not addressing the obstacles present in our Indian society which are coming in way of women to
enjoy this rights given by Constitution of India.

Treatment Required:
 ART–“Antiretroviral Therapy”
“Antiretroviral Therapy” is the best method to reduce the transmission of HIV from a pregnant lady
to his child. But this therapy is not in reach of every pregnant HIV patient as it is very costly.
Basically, this therapy is to minimize the viral effect in the body of the pregnant woman so that
viral become so weak to get transmitted from mother to child. In this therapy, drugs which are
likely to be given to the pregnant patients, decided by the higher authorities according to the
financial status of that country to afford that drugs. Most suitable choice for the most of the
countries is to give single dose of “nevirapine” in the beginning of labor pain and another one is to
given to the infant.

NACO (“National AIDS Control Organization”) also directs HIV positive women or who are semi
positive to take ART for lifelong. Act of 2017 also provide Central government to make rules
regarding ART treatment. This therapy not completely eliminate HIV from the body of patients but
it helps to control HIV in body.

 “Elective caesarean section”

In this method, there is delivery of infant by “elective caesarean section”. This is before starting of
the labor pain to the pregnant woman. As per the studies, this section minimizes the risk of
transmission of HIV from mother to child by fifty percent. In this section, antibiotics are supposed
to be given to women in both the cases whether women is HIV positive or not.

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 Prevent Activities that can split child’s skin
Those activities which can maximize the connection between infant and HIV infected lady’s blood
should be prevented. Examinations like “episiotomy” and “fetal scalp” should be prevented which
is to hear the infant’s heart beat.

 “Washing vagina”
This method is also called as “vagina lavage”. In this, vagina of HIV positive woman who is
pregnant is cleaned from inside by using disinfectants such as “chlorhexidine hydrochloride”. This
is likely to be done during the labor when woman start to push her infant. This treatment is
effective in reducing the risk of transmission of HIV from mother to child if the membrane has
been burst for more than 4 hours.

 Nutrition Intake
HIV positive woman who is pregnant is advised to intake proper nutrients. This is also
recommended by the WHO (World Health Organization). This is necessary for the good health of
mother as well as the child.

Following medical treatments are given to the HIV positive woman who is pregnant. This services
or treatments should be guaranteed by this act at affordable prices to the HIV positive women. State
and Central government should ensure proper availability of this medical treatments to the HIV
positive woman to reduce the transmission of HIV from mother to child. This Act of 2017 is
authorizing central and state government to frame guidelines in this respect but it is exclusively not
talking about this services.

NACO:
NACO stands for “National AIDS Control Organization”. NACO is the branch of “Ministry of
Health and Family Welfare”. This body was established in 1992 with the main objective to
regulate programs related to HIV/AIDS in India. From time to time, NACO issued it’s guidelines to
control AIDS/ HIV. It circulate guidelines in context of HIV/AIDS treatment, precautions to be
taken by HIV positive people, programs to control spread of HIV/ AIDS.

Following are some important provisions of this act in relation to the medical services to HIV
positive woman who is pregnant.

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 Provisions related to Medical services:
Section 1418 of this Act of 2017 talks about the availability of ART (Anti-retroviral Therapy) and
other infection management to HIV positive persons. As per this section, Central Government
should publish set of rules in respect of medical services to HIV- positive persons.

Provisions related to safe environment at health care:

Section 1919 of Act of 2017, provides some rules to ensure safety and secure environment at health
centers which are engaged in treatment of HIV patients.

Provisions for remedy in case of any complaint:

Section 2120 of the 2017 act, talk about the appointment of Complaints officer to resolve disputes
arise from infringement of any provision of this Act of 2017.

Comparative Study:
There are various countries in the world which get rid of transmission of HIV from mother to child.
Following are the countries:

1. Cuba
Cuba is the first nation in the world who get rid of transmission of HIV from mother to child. Cuba
deserves appreciation for the same. It has availability of required medical services to HIV positive
women who are pregnant, without any charge. In Cuba, there is large strength of well- qualified

18
“Section 14. (1) The measures to be taken by the Central Government or the State Government under section 13 shall
include the measures for providing, as far as possible, diagnostic facilities relating to HIV or AIDS, Anti-retroviral
Therapy and Opportunistic Infection Management to people living with HIV or AIDS.
(2) The Central Government shall issue necessary guidelines in respect of protocols l for HIV and AIDS relating to
diagnostic facilities, Anti-retroviral Therapy and Opportunistic Infection Management which shall be applicable to all
persons and shall ensure their wide dissemination.”
19
“Section 19. Every establishment, engaged in the healthcare services and every such other establishment where there
is a significant risk of occupational exposure to HIV, shall, for the purpose of ensuring safe working environment,—
(i) provide, in accordance with the guidelines,—
(a) Universal Precautions to all persons working in such establishment who may be occupationally exposed to
HIV; and
(b) training for the use of such Universal Precautions;
(c) Post Exposure Prophylaxis to all persons working in such establishment who may be occupationally
exposed to HIV or AIDS; and
(ii) Inform and educate all persons working in the establishment of the availability of Universal Precautions
and Post Exposure Prophylaxis.”
20
“Section 21. Every establishment referred to in sub-section (1) of section 20 shall designate such person, as it deems
fit, as the Complaints Officer who shall dispose of complaints of violations of the provisions of this Act in the
establishment, in such manner and within such time as may be prescribed.”

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 health workers which are providing their services to HIV positive women at large scale. For the
purpose of diagnosis, Cuba has large scale of laboratories with high-tech technologies. This country
strategies provides routine check ups, proper testing, effective data monitoring, etc. More than 95
% medical facilities are available at national as well as regional level in Cuba. These above
mentioned are the reasons behind the elimination of transmission of HIV from mother to child in
Cuba. Other countries can adopt the strategies of Cuba with suits their nation to get ride of
transmission of HIV from mother to child.

2. Thailand
After Cuba, Thailand is the first country in Asia to get rid of mother to child transmission of HIV.
If I talk about the scenario of Thailand in respect of HIV treatment, as per the data, 98% of the
ladies have availability to ART service. There is decline in rate of transmission of HIV to below
25% in Thailand which is tremendous. As per the statistics, 98.3% of the women had minimum one
visit to health center in 2015. There was grate decline in rate of transmission of HIV from 24.2% in
year 1994 to 1.9 % in 2015. Now, new target of Thailand is to reduce this rate of transmission to
leads than 1% by 2030. To achieve this Target, Thailand require to address protection of
transmission at grass root levels and to improve monitoring and data use. Thailand also require to
introduce effective management system.

3. Other Countries:
Armenia, Belarus and Republic of Moldova also praised by WHO to get rid of HIV transmission
from mother to child.

Botswana got the “silver-tier” as there was rate of transmission of HIV from mother to child is
below 5%.

SUGGESTIONS
Following are some suggestions to reduce transmission rate of HIV from mother to child in India:
1. The HIV & AIDS (P & C) Act, 2017 authorizes Central as well as State Government to make rules
to reduce transmission of HIV from mother to child. But this act of 2017 not have separate
provisions regarding the treatment. The HIV & AIDS (P & C) Act, 2017 should provide the
availability to medical services to HIV positive women without any charge. There should be
exclusive provisions in respect of medical services and health centers.

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2. Constitution of India provides Right to safe reproduction and abortion under Article 21 which talks
about right to life. The HIV & AIDS (P & C) Act, 2017 should provide these rights exclusively.
And there should be proper punishment on infringement of these rights by anyone.
3. Various obstacles like biasness, lack of health centers, expensive treatments etc. which are coming
in way of women to available medical services. These obstacles should be covered and addressed
by this Act of 2017 by way of Amendment.
4. Effective strategies should be adopted from those countries which successfully eliminated the
transmission of HIV from mother to infant.
5. There is need to enhance medical facilities at grass root level, specially in rural areas. There is also
need to spread awareness at community level about the transmission of HIV from mother to child
and how to prevent the same.
6. Proper policies can be made to address those old traditions and customs which are inconsistent with
today’s scenario and which have negative effects on HIV positive women, preventing them to
enjoy their rights effectively.

CONCLUSION
There is no doubt that The HIV & AIDS (P & C) Act, 2017 is an effective step by legislative body
to reduce transmission of HIV from mother to child but still there are some loopholes which need
to be eliminated to make it more effective. There are five countries which done well in getting rid
of transmission of HIV from mother to child. India can adopt some strategies from these nations
which suits Indian scenario to reduce rate of transmission of HIV. The HIV & AIDS (P & C) Act,
2017 requires some amendments to fill the gaps. Suggestions which are mentioned above can be
taken into consideration to remove the loopholes of this act. Hence, from above study, it is clear
that there is space for some effective provisions in this act in respect of transmission of HIV from
mother to child.

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 REFERENCES
1. Nyblade L, Field ML. Women, communities and the prevention of mother-to-child transmission of
HIV: Issues and findings from community research in Botswana and Zambia. Washington DC:
International Center for Research on Women: 2000.
2. Khan A. Mobility of women and access to health and family planning services in Pakistan.
Reproductive Health Matters. 1999; 7(14): 39-48.
3. Interagency Gender Working Group; United States Agency for International Development. How to
integrate gender into HIV/AIDS programs: Using lessons learned from USAID and partner
organizations.
4. “HIV: prevention of mother-to-child transmission “ ,Chloe A Teasdale, Senior Programs Officer,
Ben J Marais, Professor, and Elaine J Abrams, Professor of Paediatrics & Epidemiology-
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3217724/
5. “Prevention of mother-to-child transmission of HIV”, WHO Press, WHO-
https://www.ncbi.nlm.nih.gov/books/NBK143052/
6. “A Womb of One’s Own Privacy and Reproductive Rights”, by Arjeet Ghosh and Nitika Khaitan-
https://www.epw.in/engage /article/womb-ones-own-privacy-and-reproductive-rights/
7. The HIV & AIDS (P & C) Act, 2017

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 A CRITICAL ANALYSIS ON INCREASE IN THE RATES OF
CRIMES IN INDIA

Author: Arun Kumar.R21

Co-Author: Revathy Rajendran22

ABSTRACT
Crime may be a very old concept and it's transmitted to society from generation to generation.
Crime produces a law and order situation. It's a social evil. it's generated by the society and
therefore the society also suffers tons due to crime committed by its members. The rising wave of
crime to-day has caused alarm in the general public. Crime is an anti-social and illegal behaviour to
which penalties are attached. This anti-social behaviour is rejected by society and punished by law.
Crime in India is extremely common and happens in many various ways. alongside violent crimes
(like homicide, robbery, and assault), and property crimes (like burglary, theft, automobile theft,
and arson), there are major problems with gangland, the illegal drug trade, arms trafficking,
corruption, and lots of other sorts of crime. Crime in India has been recorded since British Raj, with
comprehensive statistics now compiled annually by the National Crime Records Bureau. the target
of the study is. To understand about crimes in India to research the notice on the crimes to
understand about the explanations for increased rates of crimes in india. The researcher has
followed the inquiry with the convenience sampling method. The sample size covered here is 208
responses. The results of the analysis of the study is that there's more awareness should be there
within the public regarding the crime consequences of not happening in India should be also
brought into limelight.

Keywords: Crime, Trafficking, Drug trade, Anti-social, Robbery.

21
ARUNKUMAR .R (131801034),BA LLB, Saveetha school of law ,saveetha institute of medical and technical
science (SIMATS),SAVEETHA UNIVERSITY,SIMATS ,CHENNAI,7449210565,arunrambo4u@gmail.com
22
,Mrs. REVATHY RAJENDRAN , saveetha school of law,saveetha institute of medical and technical
science(SIMATS),SAVEETHA UNIVERSITY,SIMATS,CHENNAI,Mobile
no.:8608279547revathyr.ssl@saveetha.com

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 INTRODUCTION
In common language, a criminal offense is an unlawful demonstration deserving of a state or other
authority. A wrongdoing is a demonstration perpetrated infringing upon a law disallowing it or
discarded disregarding a law requesting it. For the most part, the lawful code should be authorized
before the wrongdoing is carried out. one among the chief significant commitments of the Indian
Law commission was the arrangement of the Indian Penal Code; this was put together by Macaulay
in 1837 which became law inside the year 1860 after just about thirty years of substantial
consultations. At a comparable time, they additionally composed the Code of Criminal Procedure,
1861.The Government has shown a drive that the MHA records estimates taken by the govt to stop
wrongdoing against ladies. Association Minister of State for Home Affair, G Kishan Reddy, during
a composed answer to an issue with respect to wrongdoing against ladies in Lok Sabha today said
that women security might be a high need for the govt and various different activities are taken for
an identical nation over. Varieties in organization of the populace, especially youth fixation.
Dependability of the populace concerning inhabitants' versatility, driving examples, and transient
variables. Methods of transportation and transportation framework. Monetary conditions, including
middle pay, neediness line, and work accessibility. are the elements that influence the expanded
crime percentages. the current patterns are, In April 2018, the North Eastern institute (NEPA)
directed a five-day seminar on 'Cybercrime Investigation' for 23 officials from the Meghalaya
police. The CCPWC's Awareness Creation unit gives an all-around characterized resident
mindfulness program that diagrams cybercrime rules and regulations as a proactive moderation
activity. Mindfulness about cybercrime is presented in schools at the principal phases of training as
a part of the varsity educational program. In 2018, the US murder rate was 5.0 per 100,000, for a
total of 15,498 homicides. Inside the US, the measure of manslaughters where the person in
question and wrongdoer relationship was unsure has been expanding since 1999 yet has not arrived
at the sum experienced inside the mid 1990s.r. In 2011, the detailed homicide rate in China was 1.0
per 100,000 individuals, with 13,410 killings. The homicide rate in 2018 was 0.5. The revealed
murder rates are condemned for under-detailing perplexing homicides on account of police pay
rates being upheld the speed of addressed cases. a total of two .09 million wrongdoings were
recorded in 2018 – down from the two .12 million recorded in 2017 in Africa. The aim of the study
is to investigation is to discover the mindfulness of violations occurring in india.

52 | P a g e
 OBJECTIVES
● To understand about crimes in India
● To analyze awareness on the crimes
● To know about the reasons for increase rates of crimes in india

LITERATURE REVIEW
(“‘You Can’t Believe It’s Happening’: Knowledge, Silence and Terror” 2013)
Although the word crime is employed in title to attenuate terminological innovations and analysis
is meant to be sufficiently general to hide all the violations and not just felonies like murder,
robbery assault but also other white collar crimes like evasion and etc.. Education conveys a civic
externality a benefit to society over and above the advantage of the scholar.
(Ranjan, n.d.)
The author speaks about enhancing his future earning power. The robustness and casualty are the
link between the inequality and crime rates. the connection between the violent.

(Sood et al. 2019) crime rates and their determinant is usually characterised by two way casualty..
At present Youth crime is widespread within the country.

(Agha, n.d.)
A private who works will commit crime if the returns to the primary time of crime exceeds his
usual income. Wages explains a crucial component of racial differential in criminal participation.

(Agha, n.d.; K. Singh, Kumar, and Malhotra 2012)

Within the theory of crime, areas of high inequality place poor individuals who have low returns
from the market activity next to high income individuals.

(Kiyosue 2003)
The link between income inequality and violent property crime could be spurious, complementing
an identical argument on the determinants of homicide.

(Donnelly and Calogero 2018)

Homicide is the most accurately measured and therefore the most serious crime ever happening. a
number of the world's most prominent criminologists dismissed the decline together with the
foremost serious factors.

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(Singh 2000)
Over the years the demographic disparities in annual events dropout rates are a (Jeffrey
1994d)serious reason for increasing rates . The uneducated or the illiterate tend to commit crimes
so as to earn their daily bread.

(Venugopala Rao 1967)

The character and kinds of crimes in developing (Jeffrey 1994d; G. Singh 2000) countries have
distinguishing characteristics and no reference is formed within the developing country within the
standard criminology. Situational crime prevention comprises opportunities to reduce measures that
are directed at highly specific sorts of crimes(Venugopala Rao 1967; Alexander 2002) and consider
reducing the rate happening in and round the world.

Modernisation is additionally a main reason for the crimes to occur.

(Antonio 2002)
Thanks to the rapid urbanization and therefore the increased cost of living also caused a rise in rate
in India. The juvenile crimes and therefore the delinquency has taken a small different course
(Jeffrey 1994b)in India and most of the crimes are committed by the center class juvenile
offenders. Crime and crime controls operate at both macro and micro levels in our country.

(Alexander 2002; Jeffrey 1994e)

Larceny is the only crime that has both positive and negative effects in our economy. But within
the present scenario female crimes are quite the male crimes and there's a big increase within the
female offenders also.

(Jeffrey 1994)
Big cities exist where crime and violence rates are at tolerable levels and have shown no signs of
accelerating in line a)with the cities geographically or demographic size and still villages often saw
cities as a website of evil and therefore the realm of corruption and violence. Freedom from
violence as a facet of the standard of life is being a neglected issue Protection from violence could
also be thought of together of the capabilities that contribute to the standard of life.

54 | P a g e
(Vaishnav 2017)
The paper investigates the relative impact of deterrence variables (load on police arrest rates,
blotter rates, conviction rates and quick disposal of cases) and socio-economic variables (economic
growth. poverty, urbanization and education) on crime rates in India.

(Stephen 1872)
This study presents the trend analyses of police-recorded crime data in India. We demonstrate the
long-term trends of serious violent and property crimes and examine whether the crime trend in
India follows the global crime trend, especially the declining trend in the United States (United
States.

(Vienna 2001)
This paper is about the Congress. House. Committee on Foreign Affairs 1993) and West European
countries. (United States. Congress. House. Committee on Foreign Affairs 1993; Austria)
International Police Executive Symposium 1996

(Institute of Medicine et al. 2001)

The results suggest that rates of murder, robbery, burglary, theft, and rioting follow declining
trends, while rates of rape show an increasing trend between 1971 and 2011. The homicide trend is
the only crime category following the global crime trend.

Dr Geetika, Geetika Sood( 2003)

The factors which hinder the adjustment process also explain the causes and consequences of
crime. Indian society has its own unique character, and the phenomenon of crime needs to be seen
in terms of its peculiar nature.

Meenu Bala(2006)
To understand juvenile delinquency, one must analyse the socialisation process, peer group
influence, and the structure of delinquent gangs. The crucial variables in delin-quency are age, sex
and status of the family.

Venugopala Rao, S. 1967.

Socialisation and crime are correlated. A man learns both positive and negative roles as a member
of a society. Dysfunctional roles are imbibed by those members who are subjected to tension.

55 | P a g e
conflict, dissension and defection rather than peace, harmony, cooperation and stability. Attitudes
towards one’s own life and towards those of others are determined by these factors in the process of
socialisation.

Antony 2009
India has witnessed rapid socio-economic changes since independence. Various institutions have
been created and recreated due to structural and cultural changes over the past six decades. White-
collar crime has acquired new dimensions.

Vaishnav, Milan. 2017

Aspirations for status elevation have also increased in recent years. A number of people have
adopted malpractices to acquire high status. Economic unevenness among different sections of
society has been caused partly by the social heritage of the people and partly by the processes of
modernisation and change.

METHODOLOGY
For the purpose of the study descriptive research is used to accurately portray the study on public
opinion on online advertisements. A total of 208 samples have been taken out of which is taken
through convenient sampling. The sample frame taken by the researcher is through online. The
Independent variables are age, occupation, gender, educational qualification. The statistical tool
used here is correlation and graphical representation of data. The Dependent variables are increase
in crime due to lenient punishments and awareness of increasing crimes happening in India.

ANALYSIS AND INTERPRETATION

HYPOTHESIS:
Null Hypothesis (H0) There is no significant difference in increase in crimes due to lenient
punishment among occupation groups.

Alternative hypothesis(H1): There is significant difference in increase in crimes due to lenient

punishment among occupation groups.

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BAR GRAPH-1:

LEGEND: In figure 1 It shows whether crime in india increases due to lenient punishments.

BAR GRAPH-2:

LEGEND: In figure 2 it shows The awareness of increasing in crimes happening in India

57 | P a g e
BAR GRAPH-3:

LEGEND: In figure 3 it shows The awareness of increasing in crimes happening in India and
there count and age.

BAR GRAPH-4:

LEGEND: In figure 4 it shows The awareness of increasing in crimes happening in India peoples
count and occupation.

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BAR GRAPH-5:

LEGEND: In figure 5 it shows The awareness of increasing in crimes happening in India peoples
awareness and gender.

BAR GRAPH-6:

59 | P a g e
LEGEND: In figure 6 it shows the awareness of increasing in crimes happening in India peoples’
education qualification and gender.

Figure 7

LEGEND: The figure 7 shows about gender reacting to crime rate and its risk.

Figure 8

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LEGEND: The figure 8 shows about crime awareness among gender.

Figure 9

LEGEND: The figure 9 shows about number of male and females having knowledge about the
impact of crime.

Figure 10

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LEGEND: The figure 10 shows the comparisons of crime among other countries.

RESULTS:
From figure 1, Only very few people have agreed to the fact that crimes are increasing in India due
to lenient punishment, more responses or four crimes are not because of lenient punishment.
Private sector people are mostly not agreeing. In figure 2, We got equal responses from both male
and female, mostly students are not aware about the increase of crime happening in India and only
very few are aware of the crimes happening in India especially self-employed and private sector. In
figure 3, Mostly 25 to 35 age people or not agree with this. Below 18 years are mostly agree that
the crimes are increasing due to lenient punishments. In figure 4 it shows the unemployment had
more count in comparison to private and other sectors. In figure 5, shows the place of living of the
respondents where 59% are in urban cities.

In figure 6, shows whether crimes and its awareness about the youngsters where females disagree
and male are neutral in their context. In figure 7, shows about gender reacting to crimes and its risk
69% are male. In figure 8, shows about crime rates awareness among gender they were female 19%
and male 48%. In figure 9, it shows about the number of male and females having knowledge about
the impact of crime rates there were 20 and 29 % male and female knowing.

In figure 10, shows the comparisons of sole proprietorship among other countries russia was more
aware of.

DISCUSSION:
From figure 1, Only very few people have agreed to the fact that crimes are increasing in India due
to lenient punishment, more responses or for crimes are happening not because of lenient
punishment. As per the survey, there are reasons for increase in crimes happening in India other
than lenient punishments like no proper laws, not properly implementing laws. Private sector
people are mostly not agreeing, these are the people who have a lot of knowledge about the current
situation related to crimes so they think there are other factors which lead to crimes in India other
than lenient punishments. Mostly 25 to 35 age people or not agree with this. Below 18 years of age
mostly agree that the crimes are increasing due to lenient punishments. These are students who are
currently knowing about the crimes happening in India today and are not well aware about the
other factors which increase the crimes in india. In figure 2, We got equal responses from both
male and female, mostly students are not aware about the increase of crime happening in India,

62 | P a g e
these are the upcoming generation who are currently learning about the crimes and only very few
are aware of the crimes happening in India especially self-employed and private sector. The people
from both sectors are highly knowledgeable and have experience about what is happening in the
country related to crimes happening.

LIMITATIONS
The limitation of this study is that it is only restricted to online surveys. No personal feedback
could be taken as this was a pandemic situation. But overall a good response was received by the
people.

SUGGESTIONS
From the overall study, more awareness should be there in the public regarding the Crime and the
consequences of crime happening in India should be brought into the eyes of the public. Students
should be given proper education and awareness regarding this. In India crimes are happening
especially juvenile cases are increasing. So basic awareness should be given among them.

CONCLUSION
A crime is an unlawful demonstration deserving of a state or other position. The term wrongdoing
doesn't, in current criminal law, have any basic and generally acknowledged definition, however
legal definitions have been accommodated sure purposes. In india violations are expanding day by
day. The crime percentage for homicide across states uncovers that Jharkhand had the most
elevated homicide pace of 4.3 per lakh populace in 2019, double the public rate. Assam, which
recorded the most elevated savage crime percentage had a homicide pace of 3.6. The NCRB
'Wrongdoing in India' 2019 report showed how regular violations against ladies saw a lofty ascent
the nation over. A sum of 4,05,861 instances of wrongdoing against ladies were enlisted during
2019, showing an expansion of 7.3 percent more than 2018. From the above review, we can reason
that there is more mindfulness ought to be there in people in general with respect to the wrongdoing
and its results occurring in India ought to be additionally brought into spotlight.

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 REFERENCES
1. Agha, Salman. n.d. “Study of Economic Crimes in India with Special Emphasis on Financial
Market Crimes and Control Measures.” SSRN Electronic Journal.
https://doi.org/10.2139/ssrn.2340506
2. Alexander, P. J. 2002. Policing India in the New Millennium. Allied Publishers.
3. Austria) International Police Executive Symposium 1996 (Vienna. 2001. International Police
Cooperation: A World Perspective. Lexington Books.
4. Donnelly, Lois C., and Rachel M. Calogero. 2018. “The Role of Stranger Harassment Experiences
in College Women’s Perceived Possibility of Gender Crimes Happening to Them.” Journal of
Applied Social Psychology. https://doi.org/10.1111/jasp.12497.
5. Institute of Medicine, National Research Council, Commission on Behavioral and Social Sciences
and Education, Board on Children, Youth, and Families, Committee on Law and Justice, and Panel
on Juvenile Crime: Prevention, Treatment, and Control. 2001. Juvenile Crime, Juvenile Justice.
National Academies Press.
6. Jeffrey, Robin. 1994a. “Explosion.” What’s Happening to India? https://doi.org/10.1007/978-1-
349-23410-3_7.
7. ———. 1994b. “Politics, 1947-77.” What’s Happening to India? https://doi.org/10.1007/978-1-
349-23410-3_5.
8. ———. 1994c. “Punjab.” What’s Happening to India? https://doi.org/10.1007/978-1-349-23410-
3_2.
9. ———. 1994d. “What’s Happening to India?” https://doi.org/10.1007/978-1-349-23410-3.
10. ———. 1994e. “What’s Happening to India? The Test for Federalism.” What’s Happening to
India? https://doi.org/10.1007/978-1-349-23410-3_8.
11. Kiyosue, Aisa. 2003. “They Are War Crimes! What Has Been/is Happening in Palestine?” Inter-
Asia Cultural Studies. https://doi.org/10.1080/1464937032000143841.
12. Ranjan, Sheetal. n.d. “Crimes Against Women in India.” Crime and Justice in India.
https://doi.org/10.4135/9788132114109.n12.
13. Singh, Gurharpal. 2000. “What Is Happening to the Political Science of Ethnic Conflict?” Ethnic
Conflict in India. https://doi.org/10.1057/9780333981771_3.
14. Singh, Kuldeep, Balbir Kumar, and Yesha Malhotra. 2012. “White Collar Crimes in India.”
PsycEXTRA Dataset. https://doi.org/10.1037/e670282012-188.
15. Sood, Dr Geetika, Geetika Sood, Meenu Bala, Chandigarh University, Mohali, Punjab, and India.
2019. “White Collar Crimes in India.” International Journal of Trend in Scientific Research and
Development. https://doi.org/10.31142/ijtsrd23700.

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16. Stephen, James Fitzjames. 1872. The Indian Evidence Act (I. of 1872).
17. United States. Congress. House. Committee on Foreign Affairs. 1993. The Future of U.S. Foreign
Policy: Functional Issues.
18. Vaishnav, Milan. 2017. When Crime Pays: Money and Muscle in Indian Politics. Yale University
Press.
19. Venugopala Rao, S. 1967. Facets of Crime in India.
20. “‘You Can’t Believe It’s Happening’: Knowledge, Silence and Terror.” 2013. Ethnic Conflict and
War Crimes in the Balkans. https://doi.org/10.5040/9780755619603.ch-005.

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 ANALYSIS OF SEDITION LAW IN INDIA

Author: Kumud Rathi, Banasthali Vidyapith, Rajasthan

INTRODUCTION
“It Is far more ignomious to die by justice than by an unjust sedition” by Blaise Pascal
India is becoming the developed country and growing successfully in all aspects such as socially,
politically and culturally all over the year. Indian Legislature had made an immense progress
covering various field of legislation. But yet some citizen of India is not satisfied with these
legislation and government action which rise the opposition against these policies. Even these
oppressions have found their place in the pre and post-independence period also and have become
the matter of great controversy just like the sedition law.

The laws relating to sedition has been given various interpretation and implication since
independence as to make the constitulity but still it infringes the right of freedom of speech. The
claimed has been made by people about the misusing of sedition law by government who are
against their policies.

This paper based on the history evolved in order to understand the rationale behind the introducing
of such law. The paper includes the case news where the government arbitrarily misuse sedition
law.

Henceforth, this paper dealing with the question which are to be answered in the detailed study
 Whether the applicability of sedition law can be misused by the government?
 Whether this la infringe the right to information under the constitution

THE MODERN DEFINITION OF SEDITION

In India sedition defined under the section 124A under the Indian Penal Code ,1860which
“Whoever, by words, either spoken or written, or by signs, or by visible representation, or
otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite
disaffection towards, the government established by law in India, shall be punished with
imprisonment which may extend to three years, to which a fine may be added, or with fine.”

The main elements of this is mentioned that if any one speaks the wrong word or given written
statement comes under the seditious offence. It includes further visible representative against the

66 | P a g e
 government policy also considered as seditious offence because it creates the hatred against the
government of India.

OTHER LAWS RELATING TO SEDITION IN INDIA

 Code of criminal procedure CrPC 1973
According to section 95 of CrPC which grant the power to government to seize or forfeit any
publication in violation of section 124A of the IPC. Even the search warrant can also be issued by
the government regarding the forfeiture of the publication. In order to impose this law, it require to
be fulfilled to condition.

The matter should be punishable under the Section 124 A of the IPC.

The government should provide the reason to imposition of the matter.

LITERATURE REVIEW
The weapon of Sedition is used by the government to curb the freedom of speech and expression of
the citizen. In the recent case of Kashmir student is an example of a person who bears difficulty to
a got a bail after the 100 days of the police custody.

HISTORICAL BACKGROUND
The Sedition law drafted in 1837 by the British Historian politician Thomas Babington Macaulay
but it was omitted on the enactment of IPC 1860. In 1870 sedition section 124A was added through
amendment by the sir Thomas Stephen as to curves the free speech and fundamental rights and of
people against the British Government.

After the Independence which was achieved in 1947. The constitution makers took time debated to
decide to add this Sedition law. Later constituent assembly decided to omit this definition of
Sedition (while storing Section 124A in IPC) from the constitution.

However, During the 1st Amendment, the controversial Sedition Law was brought into the force by
the government by first Prime Minister Jawaharlal Nehru by adding two expressions as ground of
reasonable restriction:
 Friendly relations with foreign state
 Public Order

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 However, sedition become cognizable offence under the code of criminal Procedure during the Era
of Indira Gandhi administration in 1973. This empowered police to arrest a person and impose
charge of sedition without issuing a warrant.

In 1891: The charge of sedition was imposed on Jogendra Chandra Bose who was editor of
Bangobasi by the britisher. He made the critism of the Ages of consent Bill.

In 1922: The Britisher made a charge against the Master Tara Singh who was politian and religious
Head and involved in dispute of golden temple.

In 1908: Bal Gangadhar Tilak was held to be liable for sedition for critising of hanging the cheaper
brother and blaming British for the taking the country to the brink, investigating resolutions.

In 1922: The Mahatma Gandhi held convicted for the publication of an article in newspaper young
India.

SEDITION PREVAILS AFTER POST INDEPENDENCE

 Case: Tara Singh Gopi Chand v. State
This case held in 28th November 1950 which puts down the sedition section which defined under
the section 124A of the IPC. It was mentioned that sedition section is holding to be unconstitutional
as it was contrary to the freedom of speech and expression given under article 19(1)(a)
 Case: Sabir Raza v. State
In this case the Allahabad High Court held that the public order cannot impose as restriction on
right of freedom speech and expression which creates disaffection towards the government.

Thus, sedition was held to be unconstitutional

The judgement given by Allahabad H C was overruled by the SC in the Kedar Nath singh V. State
of Bihar in 1962

In 2007: Dr. Binayak, a pediatrician was arrested for sedition allegedly helping carry message to
Maoist in Chhattisgarh . He was sentence to Maoist in Chhattisgarh. He was sentenced by a trial
court in 2010 and was given bail by Supreme Court 2011. His appeal is pending in the High Court
Chhattisgarh.

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A) “ Misuse of sedition Law of India”
The Seditious law exist since the independence and still exist in the present where interpretation
and implication done through the case of Kedar Nath judgement. Yet, this become the weapon for
government to curb the freedom of speech and expression of citizen against the government
policies. According to the National Crime Records Bureaus Report stated that the case of Sedition
filed in 2018 were 70, in 2019 were 93 and in 2020 were 73 cases.

Conviction of this crime was law as compared to Report filed. In 2018 there was one Conviction
out of 70 registered cases and are there was one Conviction out of 93 case in 2019.

The above mentioned data shows not all the cases are convicted by Court. Rest of person of who
accused with the charges of sedition are faces of problems daily as they ignored by others
sometimes they ignored by family member.

As we this is cognizable offence and it can be difficult to travel for those who is been accused for
sedition. Even they face the financial problem. This problem took time to proof their innocence.
Hence, a person who was charged arbitrarily with section of 124A of IPC face problems throughout
their end of life.

The main issue raise about the misuse of this law by political people for political purpose which
threaten people to use their voice.

B) Sedition violates the right to information

Media plays vital role for right to information to citizen of India. The main role of journalists bro
show the real news or information to people. So they find depth to form a good information. But
something they fall under information. But something they fall under the charges of Sedition.

This can be understood with an example when government launch new policy for citizen with that
reason journalist want to know the positive and negative impact of that, by this reason they argue to
find the deep knowledge of new police from government. This imposition charge of sedition on
journalist by government which may infringe the right to information of the citizen on that new
policy.

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 This can conclude that the right to information will encourage the journalists and society at large to
be Question about the state of affairs. If the arguing considered as Sedition, it may infringe the right
guaranteed under Article 19.

SUGGESTIONS
 These should be imposition of restriction on which extent the Sedition law is committed and on
which extent it will violent the public peace.
 The person who falsely or innocently faced Sedition accusation should provide some compensation
or benefits especially to the students who got defame through such charges should provide some
extra benefits in their studies.

CONCLUSION
Since we know Individual has the right to criticize the government and the person should not be
called as traitor and Anti-social and should not be charged as seditious as it involves no incitement
and some people only keeps their opinion towards the government .Even Jawaharlal Nehru said
that sedition law is objectionable the sooner it should be removed and he emphasized that person
have a right of freedom and has a right criticize the government as it will help in the improvement
of government as well as their policies.

Even in present scenario Supreme Court is re-examining the Sedition law and impose the banned
on filing the case under the sedition law. Court only allowed the investigation and accused trial in
this matter.

BIBLIOGRAPHY
 https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.dailyo.in/amp/politics/sedi
tion-law-supreme-court-india-cji-
35888&ved=2ahUKEwjShN66hMv5AhVqSGwGHYMJAIYQFnoECA4QBQ&usg=AOvVaw387
phPGiKhyhNlBimTN8V6
 https://www.google.com/url?sa=t&source=web&rct=j&url=https://blog.ipleaders.in/sedition-under-
section-124a-of-the-indian-penal-code-and-its-constitutional-
validity/%3Famp%3D1&ved=2ahUKEwjShN66hMv5AhVqSGwGHYMJAIYQFnoECFAQAQ&u
sg=AOvVaw0VK6T3rabKibzIMgcxhYnw
 https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.mondaq.com/india/constit
utional-administrative-law/833078/tracing-the-history-of-sedition-in-india&ved=2ahUKEwjn-
LGFlMv5AhUVumMGHWI7CksQFnoECBAQAQ&usg=AOvVaw3JQjncKcZcYKGMbcUjlGpo

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 A STUDY ON THEORY OF CIVIL LAW WITH SPECIAL
REFERENCE TO STATE OF UP Vs STATE LAW OFFICERS
ASSN.

Author : Arun Kumar R23

Co Author : Jinesh M24

ABSTRACT
Civil law systems, also called continental or Romano-Germanic legal systems, are found on all
continents and cover about 60% of the world. They are based on concepts, categories, and rules
derived from Roman law, with some influence of canon law, sometimes largely supplemented or
modified by local custom or culture. The civil law tradition, though secularized over the centuries
and placing more focus on individual freedom, promotes cooperation between human beings. In
their technical, narrow sense, the words civil law describes the law that pertains to persons, things,
and relationships that develop among them, excluding not only criminal law but also commercial
law, labor law, etc. The present examination depends on empirical kind of concentrate additionally
the investigation utilizes random sampling method for choice of tests in light of the fact that the
populace is too high. An aggregate number of 64 test respondents in the age group 18-60 years
were chosen randomly from chennai, one of the four metropolitan urban communities urban
communities in India. From the study the research concluded that more awareness about the civil
law and legal system.

Keywords: Civil Law, Roman Law, Continental, Communities, Legal System.

INTRODUCTION
The Civil law, or civilian law, is a real system beginning in Europe, intellectualized inside the
structure of Roman law, the basic component of which is that its middle norms are organized into a
referable structure which fills in as the basic wellspring of law. This can be stood out from standard
law structures, the insightful arrangement of which begins from judge-made decisional law, and
gives precedential authority to prior court decisions, on the standard that it is uncalled for to treat
practically identical assurances contrastingly on different occasions (statute of legitimate
perspective, or look decisis).Truly, a civil law is the social affair of lawful contemplations and
23
Anjana k BBA LLB, Saveetha school of law ,saveetha institute of medical and technical science
(SIMATS),SAVEETHA UNIVERSITY,SIMATS ,CHENNAI,7824030561,anjanakannur7046@gmail.com
24
,Mr.Jinesh, saveetha school of law,saveetha institute of medical and technical science(SIMATS),SAVEETHA
UNIVERSITY,SIMATS,CHENNAI,jinesh.ssl@saveetha.com

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 systems finally got from the Corpus Juris Civilis, anyway seriously overlaid by Napoleonic,
Germanic, standard, crude, and close-by practices, just as doctrinal strains, for instance, custom-
based law, codification, and lawful positivism. Attentively, civil law proceeds from reflections,
characterizes general models, and perceives substantive rules from procedural rules. It holds case
law helper and subordinate to statutory law. Civil law is every now and again joined with the
inquisitorial structure, yet the terms are not synonymous. There are key differentiations between a
standard and a codal article. The most enunciated features of civil systems are their genuine codes,
with brief lawful compositions that customarily keep up a key good ways from honestly express
situations. The short articles in a civil law code deal in comprehensive articulations and remain
strangely with statutory structures, which are oftentimes long and nitty gritty. The motivation
behind codification is to furnish all residents with habits and composed accumulation of the laws
which concern them and which judges must pursue. It is the broadest arrangement of law on the
planet, in power in different structures in around 150 countries. It draws vigorously from Roman
law, ostensibly the most unpredictable realized legitimate framework dating from before the cutting
edge era. Where codes exist, the essential wellspring of law is the law code, a deliberate
accumulation of interrelated articles, orchestrated by topic in some predetermined request, that
clarify the standards of law, rights and privileges, and how fundamental lawful systems work. Law
codes are just laws authorized by the lawmaking body, regardless of whether they are by and large
any longer than different laws. Other major legitimate frameworks on the planet incorporate
customary law, Islamic law, Halakha, and ordinance law. The point of the examination is to know
the lawful parts of hypotheses of civil law. The aim of the study is to know the theories of civil law
with case law.

OBJECTIVES
● To analyze the awareness of the theories of civil law
● To find out the legal issues relating to it
● To study various case laws about it
● To evaluate various case laws
● To relate a case with the theories of law

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 LITERATURE REVIEW
Nazly Zaqwan Mohamed Zainia(2016)The author says that This Article contends that the
auxiliary failings of conventional civil mediation welcome thought of medication court standards.
Taking care of business, the medication courts' critical thinking theory rethinks the courts as
proactive organizations in charge of the quest for socially helpful results. Vandenhole et al. 2015
The author talks about the Article and contends that usage of a critical thinking structure, in certain
proper conditions, may position the civil courts to all the more viably address a progression of
social issues that emerge over and again in the private law field. Sugeng wahyudi (2014) The
paper examines about the article continues in four sections. Part I talks about the conditions that
offered ascend to the medication court development in the criminal courts and portrays the key
qualities of the critical thinking model. Utilizing the focal point of the two most regularly settled
civil issues—rental lodging and customer obligation—Part II then uncovers unique, however
comparable to, conditions in the civil courts that may legitimize importation of critical thinking
standards into private. Zhao, Scott E.,Hills, Gerald E(.2005) Here the author tells about the
significant basic normal for civil law, beside its inceptions in Roman law, is the far reaching
codification of got Roman law, i.e., its incorporation in civil codes. Diana M. Hechavarria 2000
The author examines about the soonest codification known is the Code of Hammurabi, written in
antiquated Babylon during the eighteenth century BC. The author talks about the idea of
codification was further created during the seventeenth and eighteenth hundreds of years AD, as an
outflow of both normal law and the thoughts of the Enlightenment. The political beliefs of that time
was communicated by the ideas of popular government, assurance of property and the standard of
law. Those standards required sureness of law, recorded, uniform law. In this way, the blend of
Roman law and standard and neighborhood law offered approach to law codification. Dilanchiev
(2014) The author discusses about the Several Islamic countries have civil law systems that contain
elements of Islamic law. As an example, the Egyptian Civil Code of 1810 that developed in the
early 19th century—which remains in force in Egypt is the basis for the civil law in many countries
of the Arab world where the civil law is used— is based on the Napoleonic Code, but its primary
author Abd El-Razzak El-Sanhuri attempted to integrate principles and features of Islamic law in
deference to the unique circumstances of Egyptian society.

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 MATERIALS AND METHODS/RESEARCH METHODOLOGY
The study is done by adopting Empirical method of research using both primary and secondary
information collected by the researcher. The primary information for the study is collected from
1873 randomly selected respondents through a well-structured survey questionnaire. The sampling
method inculcated for the study is Random Sampling Method as it was collected from the general
public. The secondary information pertaining to the present study was collected from research
articles, books, newspaper articles, judgements etc. The questions put forward through the survey
was related to the gender studies, age, satisfactory nature of the public on the provisions. The
dependent variables of the study are the awareness of the public on the awareness about the civil
law; the independent variables of the study include the age categories of the individuals. The study
has adopted the Chi square test, Frequency Bar Chart and cross tabulation in SPSS to analyze the
results.

RESULTS
Analysis and interpretation
Hypothesis
Null: there is no significant difference between awareness and civil law theories
Alternative: there is a significant difference between awareness and civil law theories
1) Gender
Frequency Percent Valid Percent Cumulative Percent
Valid Female 764 40.8 40.8 40.8
Male 1024 54.7 54.7 95.5
Prefer not to say 85 4.5 4.5 100.0
Total 1873 100.0 100.0

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 2) Age group
Frequency Percent Valid Percent Cumulative Percent
Valid 15-25 322 17.2 17.2 17.2
26-35 591 31.6 31.6 48.7
36-45 540 28.8 28.8 77.6
46-55 342 18.3 18.3 95.8
56-65 62 3.3 3.3 99.1
65+ 16 .9 .9 100.0
Total 1873 100.0 100.0

3) Education
Frequency Percent Valid Percent Cumulative Percent
Valid Phd level 174 9.3 9.3 9.3
Post Graduation 568 30.3 30.3 39.6
Graduation 691 36.9 36.9 76.5
High School 345 18.4 18.4 94.9
Illiterate 95 5.1 5.1 100.0
Total 1873 100.0 100.0

4) Occupation
Frequency Percent Valid Percent Cumulative Percent
Valid Public sector 388 20.7 20.7 20.7
Private sector 674 36.0 36.0 56.7
Self employed 603 32.2 32.2 88.9
Student 208 11.1 11.1 100.0
Total 1873 100.0 100.0

OBSERVATION
In the frequency table, 40.8% are female and 95.5% are male. 17.2% are from age group 15-25 and
ending with .9% is above 65 years. 20.7% are from public sector and 56.7% are from the private
sector and 88.9% are from self-employed.

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Hypothesis
Null : there is no significant difference between awareness and civil law theories
Alternative :there is a significant difference between awareness and civil law theories

23) Are you aware about the theories of civil laws?

Frequency Percent Valid Percent Cumulative Percent
Valid Yes 732 39.1 39.1 39.1
No 1141 60.9 60.9 100.0
Total 1873 100.0 100.0

OBSERVATION
Using Chi square test, it was found that p value is less than 0.05, which shows that the null
hypothesis is rejected. Therefore, there is no significant association

23) Are you aware about the theories of civil laws?

Chi-Square Tests
Asymptotic
Significance (2-
Value Df sided)
Pearson Chi-Square 89.679a 2 .000
Likelihood Ratio 90.016 2 .000
Linear-by-Linear Association 87.335 1 .000
N of Valid Cases 1506
a. 0 cells (0.0%) have expected count less than 5. The minimum
expected count is 138.54.

OBSERVATION
Using Chi square test, it was found that p value is less than 0.05, which shows that the null
hypothesis is rejected. Therefore, there is no significant association

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 DISCUSSION
A significant normal for civil law, beside its causes in Roman law, is the far reaching codification
of got Roman law, i.e., its consideration in civil codes. The most punctual codification known is the
Code of Hammurabi, written in old Babylon during the eighteenth century BC. In any case, this,
and a considerable lot of the codes that pursued, were primarily arrangements of civil and criminal
wrongs and their disciplines. The codification commonplace of current civilian frameworks did not
first show up until the Justinian Code. In contrast to precedent-based law frameworks, civil law
locales manage case law separated from any point of reference esteem. Civil law courts by and
large choose cases utilizing codal arrangements on a case-by-case premise, without reference to
other (or even predominant) legal choices. Civil law is some of the time alluded to as neo-Roman
law, Romano-Germanic law or Continental law. The articulation "civil law" is an interpretation of
Latin jus civile, or "residents' law", which was the late supreme term for its legitimate framework,
rather than the laws administering vanquished people groups (jus gentium); consequently, the
Justinian Code's title Corpus Juris Civilis.

CONCLUSION
From the study, the conclusion is that the overall study is theories of civil law with special
reference to the case STATE OF UP Vs STATE LAW OFFICERS ASSN. There are no final words
on civil society, because civil society is constantly being reinterpreted and recreated. A civil law is
a body of rules that delineate private rights and remedies, and govern disputes between individuals
in such areas as contracts, property, and Family Law; distinct from criminal or public law. People
need more awareness about the laws and society. they should be given an idea about the laws.

REFERENCES
1. Baynes, Charles Robert. 1852. The Civil Law of the Madras Presidency, as Contained in the
Existing Regulations and Acts, with Indices, Notes, &c.
2. Bignami, Francesca. n.d. “Theories of Civil Society and Global Administrative Law: The Case of
the World Bank and International Development.” Research Handbook on Global Administrative
Law. https://doi.org/10.4337/9781783478460.00024.
3. “Civil Law Review.” n.d. https://doi.org/10.24031/1992-2043.
4. Dainow, Joseph, and Pierre Azard. 1964. Two American Civil Law Systems: Quebec Civil Law and
Louisiana Civil Law.
5. Eisenberg, Melvin A. 2018. “Theories of Contract Law.” Oxford Scholarship Online.
https://doi.org/10.1093/oso/9780199731404.003.0002.

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6. Gluckman, Max. 1963. “Civil War and Theories of Power in Barotseland: African and Medieval
Analogies.” The Yale Law Journal. https://doi.org/10.2307/794523.
7. Justinian, I. 2015. The Civil Law: Lulu Press, Inc.
8. Kaye, D. H. 2003. “Two Theories of the Civil Burden of Persuasion.” Law, Probability and Risk.
https://doi.org/10.1093/lpr/2.1.9.
9. Kwon, Youngjoon. 2013. “Civil Law and Civil Procedural Law.” Introduction to Korean Law.
https://doi.org/10.1007/978-3-642-31689-0_4.
10. Mackaay, Ejan. 2013. Law and Economics for Civil Law Systems. Edward Elgar Publishing.
11. Merryman, John Henry, and Rogelio Pérez-Perdomo. 2007. The Civil Law Tradition: An
Introduction to the Legal Systems of Europe and Latin America. Stanford University Press.
12. Pepin, Dawn, and Samantha Bent Weber. 2019. “Civil Rights Law and the Determinants of Health:
How Some States Have Utilized Civil Rights Laws to Increase Protections Against
Discrimination.” The Journal of Law, Medicine & Ethics: A Journal of the American Society of
Law, Medicine & Ethics 47 (2_suppl): 76–79.
13. Prasad, Kishor. n.d. Problems & Solutions on Civil Law. Universal Law Publishing.
14. Qc, Rosalyn Higgins Dbe. 2009. “Foreword* in The International Covenant on Civil and Political
Rights and United Kingdom Law.” Themes and Theories.
https://doi.org/10.1093/acprof:oso/9780198262350.003.0037.
15. Roesch, Ronald, and Patricia A. Zapf. 2012. Forensic Assessments in Criminal and Civil Law: A
Handbook for Lawyers. Oxford University Press.
16. Sariola, Salla, Roger Jeffery, Amar Jesani, and Gerard Porter. 2019. “How Civil Society
Organisations Changed the Regulation of Clinical Trials in India.” Science as Culture 28 (2): 200–
222.
17. Takenaka, Toshiko. 2013. Intellectual Property in Common Law and Civil Law. Edward Elgar
Publishing.
18. “Theories of Federalism and Civil Rights.” 1966. The Yale Law Journal.
https://doi.org/10.2307/794894.
19. Von Mehren, Arthur Taylor, and James Gordley. 1977. The Civil Law System: An Introduction to
the Comparative Study of Law. Aspen Publishers.

20. 김현수, and 김현수. 2012. “Contemporary Theories in Comparative Civil Law.” Journal of

Hongik Law Review. https://doi.org/10.16960/jhlr.13.3.201210.195.

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 MENSTRUAL LEAVE: LAW AND SOCIETY

Author: Amrita Sharma, Student at SVKM’S NMIMS, Indore

ABSTRACT
Most women face a lot of pain during their menstrual cycle. If leave will be granted for it in
educational institutions, then it will have both benefits as well as downfalls. Benefits like an
increase in the work quality and downfalls like a violation of equality of people. A bill which is
related to such leave is pending in lok sabha since 2017. The paper will examine whether there
should be a menstrual leave policy in a country like India. The empirical study is also conducted in
order to know the perception of people in relation to such policy.

INTRODUCTION
“I wish I can be a man.” famous Chinese tennis player Zheng Qinwen made these remarks after she
e lost the French Open Title due to her menstrual cramp. These few words adequately convey the
suffering and anguish a woman goes through during her menstrual period. However, every woman
has a unique menstrual experience. Menstruation may not be painful for some women, but for
others, it can result in severe stomach cramps, embarrassment, social stigma, and missed
opportunities.

And because of the pain felt by women period leaves have come into a trend nowadays. Menstrual
leave is often known as period leave. It is a workplace policy that employees receive time off
during their menstruation. This leave is provided in addition to ordinary sick leave. Women are
typically only expected to take period leave if they are unable to work due to severe pain or
discomfort, for example. However, neither a definition nor a limit on how many days an employee
can take off is specified. This leave may be compensated in certain locations but unpaid in others.
Some firms may permit employees to work from home instead of taking a day off.

Countries such as Russia and China began period leave decades ago in an effort to "preserve"
fertility levels. Now, there is a rising effort to implement it globally and standardize the effects that
periods might have on a female.

The author will connect this concept of menstrual leave with Indian law and Indian society further
in this research paper.

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 RESEARCH QUESTION
Should there be a menstrual leave policy all over India??

RESEARCH OBJECTIVES
1. To know the advantages of a menstrual leave policy in India.
2. To know the disadvantages of a menstrual leave policy in India.
3. To know the perspective of people regarding the menstrual leave policy in India.
4. To know the existing laws and policies regarding the menstrual leave policy in India.

LITERATURE REVIEW
1. https://feminisminindia.com/2023/01/13/why-we-need-a-menstrual-leave-policy-in- india/
Whether India needs a menstrual leave policy or not?
Menstrual leaves are not an exotic concept or idea in our culture. Simply stated, its usage,
acceptance, and normalization must increase. So that women can take the required time off each
month to recuperate and preserve their physical and mental health, menstrual leave legislation must
be implemented in the workplace. Menstrual herbs affect more than just women.

2. Implementation Menstrual Leave Policy In India: An Empirical Study by Prithvi Raj and ors
Whether India needs a menstrual leave policy or not?
Half of all people experience menstruation, which is a natural, normal biological function, but it
does not receive the attention it merits because of needless shame, illiteracy, and poverty. Women
typically feel pains and discomfort throughout their periods. More than half of all female
employees feel agonising pain on the first day of their menstrual cycles. Two days of paid leave
during those days may be made available to menstruation women instead of four, as this may
benefit PCOS and PCOD-afflicted women. Women may be allowed to work from home if their
periods prevent them from going to the office.

3. https://www.livelaw.in/columns/menstrual-cramp-menstrual-leave-menstrual- hygiene-day-
menstruation-benefit-bill-211977
Can menstrual leave be implemented in India?
Menstrual leave is stigmatised in Indian society. Women's demand for menstruation leave still
needs to be justified in a culture, which speaks volumes about how patriarchal and prejudiced it is.
The menstrual leave policy's goal is to be more just, egalitarian, and fair—not to encourage
discriminatory behaviour in the workplace. A major step towards achieving a gender-inclusive

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society would be the formulation and implementation of a menstrual leave policy, which would
offer working women a safety net against a culture that stigmatises menstruation.

4. Labour Resilience: Paid Menstrual Leave and Women’s Economic Empowerment in India by
Rehmat Swami
Can menstrual leave implementation be achieved in Indian society?
Menstrual health impacts a vast array of policy domains, such as education, economic activity,
justice/equality, and public health. Future policy measures must be centered on incorporating paid
menstrual leave alongside maternity leave. It is crucial to do this to make a substantial change in
how women participate in the formal sector, especially in India, where menstruation is still frowned
upon regardless of a woman's social standing or level of education.

RESEARCH METHODOLOGY
The research done in the present research paper is both doctrinal as well as empirical. For doctrinal,
websites, research papers, articles, blogs and etc were referred and for empirical a survey of 80
people was done by the author through google forms and phone calls.

DISCUSSION
BENEFITS OF MENSTRUAL LEAVE TO THE SOCIETY
• India has a greater need for such a policy than western nations due to the prevalence of cultural
stigma. It is crucial to foster an atmosphere in which women can take a period leave without
claiming illness when they feel uncomfortable and in which menstruation is no longer considered
taboo. Sick leave and period leave are separate things. The menstrual cycle is not a disease.
• In addition, the gender pay disparity is more pervasive in India than in other countries.
Consequently, even paid menstrual leave would not adequately compensate for their substantial
loss reduced compensation. The 'Global Gender Gap Report' by the World Economic Forum
positions India as 136 out of 144 countries for wage equality between men and women.
• With more participation from those who make up half of the labor force, it is only natural that
productivity will increase. Severe menstrual pain can significantly affect academic and
occupational participation.
• Studies indicate that 30% to 50% of young women miss at least one day of education or work
per cycle due to PD (Maguire et al, n.d.). Even when attending school or work, the presence of
discomfort can impair concentration, resulting in poor performance and low productivity.

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• Women who experience negative menstrual symptoms report a substantially lower quality of life
than other women. Studies indicate that HMB and dysmenorrhea that disrupt daily routines have a
significant impact on quality of life (Maguire et al, n.d).
• The effects of decreased productivity and academic achievement extend beyond the costs
incurred by individuals. Significant costs are incurred by businesses as a result of reported rates of
absenteeism and decreased performance due to menstrual symptoms.
• Absenteeism due to HMB is estimated to cost $12 billion annually, though this may be an
underestimate because presenteeism costs were not included in the calculations (Maguire et al, n.d).
• Several studies indicate that women are less productive during their menstrual cycles. Therefore,
taking a leave during the menstrual cycle would not impact the organization's or the economy's
productivity. Instead of merely measuring productivity based on the number of hours worked, the
focus must be on labor productivity and the quality of output. (Chaitra V, 2019).
• Australian research indicates that "menstrual flexibility" is a financially viable alternative.
According to studies, Women who are able to take time off during their menstrual cycle work
harder and make up the lost time on other days, which balances out and actually boosts their
efficiency because they have had time to recover. (Chaitra V, 2019).
• Doctors around the world agree that dysmenorrhea or menstrual cramps can be as excruciatingly
agonizing as heart attacks.
• However, some women experience very little or no discomfort during menstruation, and it is
inappropriate for those women to generalize about the menstrual experience. Taking into account
their biological differences, this does not advance the cause of equality for all women. Many
symptoms can be alleviated by resting or avoiding physically taxing activities (the amount of rest
required varies from woman to woman). Notable is the fact that women without chronic conditions
do not invariably experience equally painful periods every cycle.
• Today, workplaces and study places such as schools, and colleges continue to be unsanitary. The
availability of sanitary napkins in the workplace is basically nonexistent. There are many women
who are required to perform Field labor, in workplaces. These women find it extremely difficult to
manage their periods. Even girls feel ashamed of sitting alone during their in-school sports activity
as they are unable to play due to their periods.
• Many women are susceptible to and commonly get UTIs (unrinary tract infections) and other
illnesses as a result of the facilities' filth. Many urban and rural areas struggle with the issue of
water scarcity. Water is essential. It is crucial to follow correct waste management procedures
when it comes to disposing of sanitary napkins.

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• Menstrual hygiene is a basic human right. The Right to Sanitation is guaranteed by Article 21 of
the Indian Constitution. Article 21 does not, however, make this clear. Effective sanitary policies
must be developed and put into action by the government.
• Under Article 42 of the Constitution of India it’s the state’s duty to provide everyone with fair
and humane working conditions and thus it becomes important for our country to have a menstrual
leave when we talk regarding workplaces.

DRAWBACK OF A MENSTRUAL LEAVE TO THE SOCIETY

• The idea of equal treatment at work is threatened by the concept of menstrual leave. Menstrual
leave will hinder women's efforts to equalise the leave playing field, according to Dr. Jyaanti Dutta,
a clinical and socioanalyst. In addition, because periods are private and personal, some women may
not want to disclose them. Women who believe they need to take a medical leave of absence
always have that option.
• From the perspective of recruiting, these policies may cause the employer to be biased and favor
a candidate who would not choose to take monthly menstrual leave and it would further be
disadvantageous for the women.
• Since not all women require menstrual leave, a special policy for the same is over inclusive and
unnecessary. However, a legitimate affirmative action policy need not target all members of a
protected group; it can benefit a single member. In addition, the alternative to an over inclusive
policy is a need-based policy in which women will be required to demonstrate their menstruating
status and incapacity to use contraception.
To labor to qualify for leave This alternative would violate the privacy and dignity of women and
further stigmatize those who are female. Take menstrual leave, thereby undermining the policy's
intended benefits. In fact, these were the exact reasons why menstrual leave policies failed in many
nations, including Japan and Indonesia.
• These policies may place transgender employees at risk by requiring them to reveal their identity
before they are prepared or comfortable doing so. According to a McKinsey study, more than half
of transgender employees in the United States are uncomfortable being out at work, As compared
to cisgender persons, transgender adults have twice the likelihood of being unemployed.

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 CURRENT LAWS AND POLICIES AND JUDGEMENTS
• Since 1992, the Bihar government has granted female employees two days of menstrual leave.
Women are not required to justify their decision regarding which two days of the month they wish
to labor.
• Arunachal Pradesh Lok Sabha representative Ninong Ering introduced the Menstruation
Benefits measure as a private member's measure in 2017. A law that would provide facilities for
female employees during menstruation and related issues at the workplace. In the bill, a gender-
sensitive labor policy is outlined. The Bill stipulated that women employed by both public and
private establishments registered with the Central and/or state governments were entitled to two
days of menstrual leave per month, for a total of 24 days of leave per year. Section 4 is the most
significant section of the bill. This section permits women to take paid leave during their menstrual
cycles. A woman who works in a registered establishment or is a pupil in Class VIII or higher is
entitled to four days of paid leave or school leave during her period. If a woman chooses to work
rather than take paid leave, she is entitled to overtime pay at the authorized rate. However, the bill
has not yet been passed, and India currently has no menstrual leave policy in effect. Since the
introduction of the Menstruation Benefit Bill, no policy-related discussion regarding menstrual
leave has occurred in the House.
• On the opening day of the 2022 budget session, Ninong reintroduced the same bill to the
Arunachal Pradesh Legislative Assembly and it was dismissed as it was regarded as an "unclean"
subject.
• Only a few private companies have given menstrual leave to women in India. For example, An
option to work from home for two days during menstruation has been made available to female
workers of Gurgaon-based management consultancy firm Mavericks. The menstrual leave policy is
being implemented by W&D, commonly known as "Wet and Dry," a company with its
headquarters in New Delhi. This company creates feminine hygiene goods for women, such as
tampons, intimate area washes, and related items. Zomato stated in August 2020 that its female and
transgender employees might take up to ten days of paid period vacation annually in an effort to
remove "menstrual stigma."
• Additionally, in 1912, students were given menstruation leave during yearly exams at a
government school in Kerala, and they were permitted to retake the exams at a later time.
• In January 2023, a public interest litigation (PIL) was filed with the Supreme Court of India
(SC), asking that it order all the States to create a menstrual pain leave policy for female students
and working women in accordance with the Maternity Benefit Act of 1961. However, the Supreme
Court dismissed the PIL in a decision dated 24-2-202310, stating that the petitioner should make a

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representation to the Union Ministry of Women and Child Development, as it may take suitable
action in this regard.
• Bihar and Kerala are the only two states with government-approved menstrual leave provisions.
• J. Chandrachud stated in the Sabarimala ruling that "concepts of "purity and defilement," which
stigmatised people, have no place in a constitutional regime." Through its progressive judgements,
the judiciary has consistently questioned social systems that view women as inferior. The
Puttaswamy ruling recognised the right to privacy. We can hypothetically defend how the concept
fits in our constitutional framework by examining menstrual leaves through the lenses of dignity
and equality.

SURVEY
This is a survey done by the researcher. This survey is of 80 people of all ages and income groups
It was done in order to know the perspective of people in regard to menstrual leave.

Q1. Should menstrual leave be granted in schools, colleges, and workplaces??

Q2. If yes then why?

The reasons were stated as follows:
a. “Not all females have the same capacity and some need leaves.”
b. “Females deserve a break from pain and gives them time to get back to work.”
c. “Females have mood swings, body pain, and etc during periods and it gets very difficult for
females to be productive during the cycle and the pains hinders day to day activies also.”
d. “To understand the psychological needs of a female.”

Q3. If no then why??

The reasons were stated as follows:
a. “It is not so difficult to work in periods, and there are some women to whom a lot of pain is
caused so they can use their sick leaves.”
b. “It's a natural phenomenon occuring every month.”
c. “The whole concept of equality goes down the drain if we bring such a concept in reality and
created gender biasness.”
d. “The leave should not granted as it will only affect the study of children or working hours in
workplace.”
Q4. Is it difficult for you to come to your college/school/workplace in periods?

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 LIMITATIONS OF STUDY
The limitations faced in the empirical study done by the researcher and the limitation are as
follows:
1. The sample population is very small compared to the size of the population of the whole
country.
2. Since the researcher is a college student so she did not have enough resources as well as time to
conduct a survey of a greater sample of the population.

CONCLUSION
From the above discussion, it can be concluded that half of the people support the menstrual leave
system in Indian society and half do not. The laws in place at the moment are not particularly good
or effective for implementing a menstrual leave policy. The researcher believes that yes there
should be a concept of menstrual leave policy in workplaces as well as in educational institutions
but a law should be made by the parliament for it and proper guidelines need to be there with its
proper implementation so that the advantages could overpower the disadvantages.

REFERENCES
1. Azmi, W. (2022, October 21). Menstrual leave in India: 9 companies offer period leave.
StartupHR Toolkit. https://www.startuphrtoolkit.com/menstrual-leave-in-india/
2. Barnack-Tavlaris, J. L., Hansen, K., Levitt, R. B., & Reno, M. (2019). Taking leave to bleed:
Perceptions and attitudes toward menstrual leave policy. Health Care for Women International,
40(12), 1355-1373. https://doi.org/10.1080/07399332.2019.1639709
3. Bhavsar, K. P. (2023). Menstruation leave. Perspectives on Coping Strategies for Menstrual and
Premenstrual Distress, 262-281. https://doi.org/10.4018/978-1-6684- 5088-8.ch014
4. Explained | Menstrual leave and its global standing. (2023, March 5). The Hindu : Breaking
News, India News, Sports News and Live Updates.
https://www.thehindu.com/news/national/explained-menstrual-leave-and-its-global-
standing/article66554246.ece
5. Indulia, B. (2023, March 16). Looking beyond the law: The case of menstrual leave in India.
SCC Blog. https://www.scconline.com/blog/post/2023/03/07/looking-beyond- the-law-the-case-of-
menstrual-leave-in-india/
6. It’s time to act, period: There is no room for debate on menstrual leave. (2023, February 3). The
Indian Express. https://indianexpress.com/article/opinion/columns/time-to-act-period-no-room-for-
debate-on-menstrual-leave-8420201/

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7. Mahapatra, D. (2023, February 25). ‘Menstrual leave policy decision’: SC asks govt to study
need & fallout | India news - Times of India. The Times of India.
https://timesofindia.indiatimes.com/india/menstrual-leave-policy-decision-sc-asks- govt-to-study-
need-fallout/articleshow/98218931.cms
8. Pandey, D. S. (2023, January 13). Why we need a menstrual leave policy in India? Feminism in
India. https://feminisminindia.com/2023/01/13/why-we-need-a- menstrual-leave-policy-in-india/
9. S, D. (2018). Women’s economic empowerment in India. International Journal of Trend in
Scientific Research and Development, Volume-2(Issue-4), 2253-2255.
https://doi.org/10.31142/ijtsrd14382
10. Sharkey, L. (n.d.). Period leave from work: 8 things to know. Healthline.
https://www.healthline.com/health/period-leave-from-work#what-it-is
11. Shreya. (2022, October 18). Menstrual leave: Still a distant dream? Supreme Court News,
Latest India Legal News, Supreme Court Updates, High Courts Updates, Judgments, Law Firms
News, Law School News, Latest Legal News. https://www.livelaw.in/columns/menstrual-cramp-
menstrual-leave-menstrual- hygiene-day-menstruation-benefit-bill-211977
12. Singh, R. (2023, February 26). Why paid menstrual leave should be a reality in India: Legal
experts weigh in. Bar and Bench - Indian Legal news.
https://www.barandbench.com/columns/why-paid-menstrual-leave-should-be-a- reality-in-india-
legal-experts-weigh-in
13. Swani, R. (2020). Labor resilience: Paid menstrual leave and women's economic empowerment
in India. International Journal of Social Science and Economic Research, 05(05), 1325-1331.
https://doi.org/10.46609/ijsser.2020.v05i05.016
14. Weale, A. (2023). Substantive equality. Equality and Social Policy, 30-44.
https://doi.org/10.4324/9781003369127-3
15. Widyani, I. D. (2022). Menstrual leave policy; Between gender sensitivity and discrimination
against female workers. Technium Business and Management, 2(2), 50-60.
https://doi.org/10.47577/business.v2i2.6754

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 RESOLVING CONFLICTS SEAMLESSLY: INDIA'S
TRAILBLAZING MEDIATION BILL OF 2021

Author: Riya Chouhan, Student at Sangam University, Atoon, Rajasthan.

ABSTRACT
Mediation bill 2021 promises the revolution of rising the way we approach justice. With it is
emphasis on the collective problem solving the bill could also potentially elevate the burden on the
already overburdened courts, leading to faster and more cost-effective resolutions. The mediation
bill of 2023 which is scheduled to come into force in the near future proposes a significant shift in
the judicial paradigm. With its emphasis on the empowering parties to find the common ground the
bill becomes a harbinger of more effective and accessible judicial paradigm. In paper I've tried to
cover most of the essential features of the bill in brief. It is clear that the future of dispute resolution
is said to be revolutionized through this ground breaking legislation.

Keywords:
 Mediation
 Dispute resolution
 ADR

INTRODUCTION
India is a vast country and it is also quiet populous. Economic transactions of its people have also
significantly increased in past few decades. It’s very natural that people face a lot of litigation.
India's legal system has a rich and diverse history deeply rooted in traditional reliance on courtroom
litigation. However, in recent years, there has been a growing recognition of the need for
alternative methods to resolve disputes. This article aims to explore the rise of alternative dispute
resolution and specifically focus on the introduction of mediation as a viable solution in India's
legal landscape. In a world where legal proceedings often become lengthy, costly, and emotionally
draining, alternative dispute resolution methods like arbitration, mediation and conciliation offers a
refreshing approach to conflict resolution. Mediation, one of the most widely recognized forms of
alternative dispute resolution, provides parties with a flexible and collaborative process to reach
mutually agreeable solutions. Some of the notable benefits of mediation over conventional
litigation include its efficiency, confidentiality, preservation of relationships, and cost-
effectiveness. Unlike courtroom battles, mediation allows disputing parties to take an active role in
crafting their own solutions, ensuring a greater sense of satisfaction and long-term compliance.

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 UNDERSTANDING MEDIATION IN INDIA
Mediation, as defined by the Indian legal framework, is a voluntary and confidential process where
a neutral third party assists disputing parties in reaching a mutually acceptable resolution. This
process is guided by principles such as impartiality, neutrality, and the promotion of open
communication. The legal framework supporting mediation in India has been strengthened over the
years. The introduction of the Arbitration and Conciliation Act in 1996 laid the foundation for the
use of mediation as an effective tool for dispute resolution. Additionally, the Supreme Court's
proactive approach in promoting mediation has further solidified its position within the legal
system.

AN EVOLUTIONARY LEAP: THE MEDIATION BILL OF 2021

The Mediation Bill of 2021 represents a significant milestone in India's journey towards embracing
mediation as a mainstream dispute resolution mechanism. Supreme Court set up a penal headed by
Niranjan Bhat to prepare draft legislation on mediation. Penal presented the draft and Parliamentary
Standing Committee was being tasked with a review of the bill known as The Mediation Bill, 2021.
The report was finalized and was handed over to Rajya Sabha on July 13 2022. The major are
substantial changes recommended was institutionalizing mediation and establishing the mediation
council of India. This comprehensive legislation aims to provide a robust and structured framework
for the practice of mediation across various domains.

The key objectives and goals of the Mediation Bill include promoting the use of mediation,
ensuring the quality and competence of mediators, establishing a supporting infrastructure, and
fostering public awareness and participation. By institutionalizing mediation through this
legislation, the Bill has the potential to transform India's approach to resolving conflicts.

PURPOSE OF THE BILL

Presently our country do not have any comprehensive or dedicated legislation on the mediation
section 89 of code of civil procedure provides for mediation but is a kind of court referred
mediation. Supreme Court in a case have highlighted certain ambiguity is in the section 89 like the
lack of clarity in the phrase “judicial settlement" and “mediation". Section 12A of Commercial
Courts Act also provides for compulsory pre litigation mediation however the parties from different
time and again have misused the exception to side line mediation. There are certain loopholes in the
existing legal framework which develops the need of a comprehensive act on mediation.

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 While mediation has traditionally been associated with civil cases, the Mediation Bill of 2021
expands its scope to encompass criminal, family, and commercial disputes. This expansion
broadens the potential impact of mediation, as it addresses a wide range of conflicts and enables
parties to find mutually agreeable solutions in diverse legal contexts. One of the significant
advantages of leveraging mediation in India is its potential to significantly reduce the backlog of
cases burdening the Indian judiciary system. By diverting suitable cases to mediation, courts can
focus on more complex matters, expediting the overall judicial process and ensuring timely justice
for all.

SALIENT FEATURES OF THE MEDIATION BILL OF 2021.

The first chapter of the bill deals with short title, extent and commencement. Chapter 2 deals with
the application, it states that provisions of this bill will apply where all the parties resides in India
or are incorporated in India. The disputes are to be resolved in accordance with provisions of the
bill in the case of International disputes. Section 3(f) defines mediation. The arbitration and
conciliation act 1996 consists of conciliation in its part 3 but now it has subsumed in the mediation
and the terms conciliation and mediation are used interchangeably as India is a signatory to the
Singapore Convention on Mediation.
1. Pre litigation
In accordance with the new bill the parties “shall" take steps for the settlement of issues through
mediation before filing any suit or proceeding in any court or tribunal.
2. Scope and Applicability
There are also few disputes or matters which are not fit for mediation. Schedule 1 of the bill
provides the list of such offences except the compoundable or the matrimonial ones which could be
decided by the mediators. The Central Government on the other hand may at any time as it deems
fit may amend this list.
3. Power and Conduct of mediators
 The mediators so appointed shall assist the parties in an impartial independent and neutral manner
while helping them to reach an amicable solution. It is further provided that the Indian Evidence
Act 1872 and Civil Procedure code 1908 shall not bound a mediator.
 Bill for the facilitation of the parties provides that if exceptional circumstances exist a party may
before the commencement or even during the continuation of the mediation file appropriate
proceedings before the court or tribunal having the jurisdiction.

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 The jurisdiction shall be same as that of the courts territorial jurisdiction unless there is an
agreement among the disputing parties for conducting the mediation outside the reasonable
jurisdiction.
 The settlement agreement derived out of mediation shall be final binding on the parties and it shall
be enforceable in accordance with the provisions of Civil Procedure Code.
4. Mediation council of India
MCI would promote the mediation and to develop India as a robust centre for domestic and
international mediation, make regulation for the registration of the mediators, to specify the criteria
for the recognition of the institutions and service providers. To support the implementation of
mediation on a wide scale, the Mediation Bill advocates for the establishment of mediation centres
across the country. These centres would serve as dedicated hubs for mediation proceedings,
equipped with the resources and trained personnel necessary to facilitate effective dispute
resolution.
5. Limitations and overriding clause
Section 20 of the draft bill stipulates the maximum time for completion of the mediation to 180
days which can only be extended by the application of parties. The provisions of this bill will have
an overriding effect on the mediation and conciliation provisions in any other law except those
mentioned in the second schedule (Limitation laws, Family Courts Act)

CHALLENGES AND POTENTIAL ROADBLOCKS

 Resistance from legal professionals and the judiciary is a potential roadblock in the widespread
adoption of mediation. As mediation challenges traditional practices and revenue streams
associated with litigation, it is essential to engage stakeholders and provide them with a
comprehensive understanding of the benefits and advantages of mediation.
 The committee noted that when the government would be litigating as one of the parties the
mediation bill won't be applicable which however defeats the very purpose of the bill.
 Pre litigation mediation would also be applicable to the matters which are pending before the
tribunals the parliamentary standing committee fails to understand the provision, there is a need of
clarity.
 The online dispute resolution has emerged during the covid-19 pandemic but even today people are
relying over it the build does not have detailed provisions and modalities for the online mediation.
 The provisions of the Singapore convention are two facilitate international trade and commerce by
enabling the dispute resolution across the borders through mediation. The definition of the
International mediation is not exhaustive.

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 Balancing mediation with existing legal processes is another challenge that must be addressed.
Harmonizing mediation with the overarching legal framework ensures the coexistence of both
methods and maintains the integrity of the legal system.
 Cultural and societal barriers are vital to foster a mediation-friendly environment. Deep-rooted
cultural norms and societal expectations can influence individuals' perceptions of mediation.
Overcoming these barriers necessitates awareness campaigns, cultural sensitivity, and the
recognition of mediation as a valuable extension of the legal system.

Qualifications and training for mediators are extremely crucial aspects of establishing a robust
mediation infrastructure. The Mediation Bill emphasizes the need for accredited mediator training
programs and certification processes to ensure the competence and professionalism of mediators.
This standardized approach will bolster public trust in the mediation process.

ENSURING MEDIATION'S SUCCESS: PUBLIC AWARENESS AND

PARTICIPATION
For mediation to gain widespread acceptance and adoption, it requires a cultural shift. Public
awareness campaigns and outreach programs play a vital role in educating the public about the
benefits and process of mediation. These initiatives can showcase success stories, dispel
misconceptions, and encourage individuals to consider mediation as a primary choice for resolving
disputes. Emphasizing voluntary participation in mediation is essential to ensure that parties engage
willingly and genuinely strive for mutually acceptable resolutions. Encouraging individuals to
explore mediation options from the onset of conflicts can help prevent unnecessary litigation and
promote a more harmonious society.

CONCLUSION AND SUGGESTIONS

The mandatory provision for the parties to attempt to settle a commercial or civil dispute before
approaching a court or tribunal is a great step towards reducing the backlog of cases but on the
other hand it may also result in delaying the cases and may be proved to be an additional tool and
the litigate hand for delaying the case. The time limit for the dispute resolution should be of 90 +
60 days. Monitoring and evaluation mechanism are crucial to access the impact and success of the
Mediation Bill. A comparative analysis of successful mediation models implemented in other
jurisdictions can provide valuable insights for India's mediation landscape. By studying experiences
from around the world, India can adopt best practices, adapt successful strategies, and potentially
collaborate on an international scale to enhance its own mediation framework. One of the most

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significant impacts of the Mediation Bill is improving access to justice for marginalized
communities. Traditional litigation may be financially and logistically challenging for these
communities, perpetuating their vulnerability and limited legal recourse. Mediation, with its cost-
effectiveness and participatory approach, empowers marginalized groups by providing an
accessible avenue for dispute resolution. Furthermore, mediation enables litigants to actively
engage in the resolution process, resulting in a greater sense of empowerment and personal
investment in the outcome. This empowerment can help address the demerits of traditional
litigation, such as the winner-loser dynamic and potential damage to relationships. Monitoring and
evaluation mechanisms are crucial to assess the impact and success of the Mediation Bill. A
comprehensive quantitative and qualitative analysis of outcomes can provide valuable insights into
the effectiveness of the legislation and identify areas for improvement. Public perception and
feedback also contribute to evaluating the success of the Mediation Bill. Regular engagement with
stakeholders, surveys, and feedback loops help gauge the level of acceptance, identify concerns,
and ensure continuous improvement. In conclusion, the Mediation Bill of 2021 represents a
significant step towards transforming India's approach to resolving conflicts. By recognizing the
need for alternative dispute resolution methods and institutionalizing mediation, India aims to
create a more efficient, accessible, and harmonious legal system. With the potential to reduce the
backlog of cases, empower marginalized communities of the country, and promote voluntary
participation, mediation holds great promise in revolutionizing the Indian judiciary. It is crucial for
individuals, legal professionals, and society as a whole to embrace mediation as an efficient and
constructive method for resolving disputes and promoting a culture of peace and cooperation.

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 DETAILING THE CONCEPT OF TERRITORIAL INTEGRITY
AND THE RIGHT OF SELF-DETERMINATION IN CASE OF
JAMMU AND KASHMIR

Author: Om Prakash Tiwari, Student at School of Law - FIMT, Guru Gobind Singh Indraprastha
University, New Delhi

INTRODUCTION
Jammu and Kashmir is a region located in the northernmost part of India, bordering Pakistan and
China. It has been a subject of controversy and conflict for several decades, primarily due to
territorial disputes and conflicting claims by India and Pakistan over the region. The issue of
territorial integrity in Jammu and Kashmir is of immense significance, not just for India and
Pakistan, but also for the people living in the region. Territorial integrity refers to the principle that
the territory of a state or country should be respected and protected by another state. It is nothing
but a fundamental principle of the united charter considered a Fundamental Theory. Under this
theory, it gives the right to sovereign countries to defend their borders. During the partition of
India, the Britishers appointed Cyril Radcliffe who was commissioned to draw up the borders that
would divide British India into two different countries that populations with Muslim majority
Pakistan and with Hindu Majority India. The princely state of Jammu and Kashmir, which was
ruled by a Hindu king, had a principally Muslim population. The king initially tried to remain
neutral but in due course signed an agreement to join India in exchange for military assistance to
nauseate a Pakistani territory.

However, Pakistan is claiming Jammu and Kashmir are removed under pressure from Pakistan.
Pakistan urged to provide Jammu and Kashmir’s right to self-determination as provided under the
charter of the UN. While on another side, India is claiming the elevation of Jammu and Kashmir is
legal and that it is an integral part of India.

ISSUES RELATING TO THE TERRITORIAL INTEGRITY OF THE STATE

The territorial dispute led to a succession of wars among them, that is from 1947 -1948. Pakistan
attacked Jammu and Kashmir which was defended by a brave Indian army and thereon an armistice
line was made known as the Line of Control (LOC) that separates India and Pakistan administers.
Since then, the issue of territorial integrity in Jammu and Kashmir has remained unresolved.
Pakistan continues to claim Jammu and Kashmir to be a debate and there is a need for the right to
self-determination which must be provided to the public of Jammu and Kashmir. On the other side,

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 India is claiming that they maintain Jammu and Kashmir as an integral part of India and that any
aforesaid statement of Pakistan is based on the Shimla Agreement of 1972, which recognizes the
Line of Control as a temporary line of control. The issue of territorial integrity in Jammu and
Kashmir is complicated by several geographical and religious factors:
1. There are multiple alliances involved in the dispute, including India, Pakistan, and various groups
in Jammu and Kashmir
2. The dispute is about territorial integrity as well as the protection of human rights. Due to this many
innocents have lost their life due to this dispute.
3. The conflict has led to violence, human rights abuses, and a heavy military presence in the region,
which has further complicated the issue. The people of Jammu and Kashmir were trapped in the
middle of the dispute for years. They have suffered from violence, displacement, and human rights
abuses. The situation in the region has also affected economic as well as social development.
Therefore, there is an urgent demand for a peaceful and just resolution for the sake of the welfare of
the people.

RIGHT TO SELF DETERMINATION IN THE AUTHORITY OF JAMMU

AND KASHMIR
In the context of Jammu and Kashmir, the right to self-determination has always been a central
issue in the dispute between India and Pakistan over the region. The right to self-determination has
been enshrined in several international testimonials including the United Nations Charter and the
International Covenant on Civil and Political Rights, and the International Covenant on Economic,
Social, and Cultural Rights (ICESCR). The UN General Assembly has also adopted several
resolutions on the right to self-determination, which recognize the right of people to determine their
destiny.

Jammu and Kashmir, Pakistan showed up the issue that the people of Jammu and Kashmir should
be given the Right to Self-Determination as guaranteed by the UN Security Council resolutions of
1948 &1949. These resolutions called for a referendum to be held in Jammu and Kashmir to
determine the future of the nation. On the other hand, India has refused to accept these resolutions,
arguing that they are irrelevant and that the situation in Jammu and Kashmir has changed since
then. India maintains Jammu and Kashmir as an integral part of India and that any talk of self-
determination does not apply to the region. India also argues that the holding of polling in Jammu
and Kashmir is not realizable, given the ground realities in the region. India matches the fact that
Pakistan has unlawfully occupied a portion of Jammu and Kashmir and that Pakistan-based

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militants have been carrying out terrorist activities in the region, making it impossible for fair
elections. The people of Jammu and Kashmir have been caught in the middle of this dispute. They
have been subjected to violence, human rights abuses, and political repression. The situation in the
region has also hurt the economy and social development of the region. Therefore, a peaceful and
just resolution to the problem of self-determination in Jammu and Kashmir must be discovered.

CONCLUSION
The issue of territorial integrity and the right to self-determination in Jammu and Kashmir has been
a complicated and deep-rooted issue between the two nations. The dispute has hurt the people of
Jammu and Kashmir and spoiled their life of people in the emotional, economic, and social ways.
One possible solution is to hold polls in Jammu and Kashmir, as said by the UN Security Council
resolutions of 1948 and 1949. However, for polling to be held, it is essential to ensure that security
and fair voting means people… This would require the withdrawal of Pakistani troops from the
region, the halting of terrorist activities by Pakistani militants, and the assurance of the safety and
security of the people of Jammu and Kashmir. Another possible solution is to negotiate a settlement
between India and Pakistan, taking into account the concerns and aspirations of the people of
Jammu and Kashmir. This could involve the granting of greater autonomy to the region while
ensuring its continued integration with India. It could also involve the demilitarization of the region
and the establishment of a joint administration involving both India and Pakistan.

In conclusion, the issue of territorial integrity and the right to self-determination in Jammu and
Kashmir is a complicated as well as people-sensitive issue that requires a peaceful and just
solution. This would involve addressing the concerns and aspirations of all parties involved while
ensuring the rights of the people of Jammu and Kashmir. It is important to give priority to the well-
being and development of the people of the region and to address the human rights situation in
Jammu and Kashmir. Only through a concerted effort by all parties involved can a lasting solution
be found to this longstanding dispute.

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 REFERENCE(S)
1. Legal Service India
https://www.legalserviceindia.com/legal/article-7404-interaction-between-self-determination-and-
territorial-integrity.html
2. United Nation peace
https://www.usip.org/sites/default/files/pwks7.pdf
3. Research gate
https://www.researchgate.net/publication/352537339_Right_of_Self_Determination_and_Kashmiri
s_A_Conceptual_Understanding_and_Perspective
4. Wikipedia
https://en.wikipedia.org/wiki/Self-determination

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 DRUG ABUSE AND DRUG TRAFFICKING IN INDIA:
ANALYTICAL STUDY

Author: Pratyasha Chakraborty, Student at ILS Law College, Pune

It is quite unfortunate to know that, while the world has already started a ‘War on Drugs’, India is
still muddling through drug-related crimes. India’s geographic location is reckoned the most
scientific reason behind the fact that India is one of the biggest hubs of drug abuse and trafficking
in the entire world. The presence of the world’s two biggest drug hubs, the golden crescent and the
golden triangle on either side of India have led to an unfailing amount of smuggling into areas like
Punjab in the west and Manipur in the east. Moreover, the vulnerable masses in India especially
petty college students have adopted immeasurably to the illicit addiction. Although the Narcotic
Drugs and Psychotropic Substances Act, of 1985 has much theoretical strictness to offer to defiers,
the problem still exists. India is still suffering from this drug epidemic which has posed a new
menace of crime among youngsters. Drug abuse in India, reportedly, is highly parallel to the
commitment of other crimes and has proven to be one of the prime reasons for the latter. Therefore,
it is a raging topic of discussion in national politics.

Keywords: Drug Abuse, Drug Trafficking, Crime, War On Drugs, Drug Lords, NDPS Act 1985.

INTRODUCTION
When we hear, “War on Drugs” or an epidemic of drugs, the first thing that comes to mind is the
intensity and ubiquity of drug abuse in the world. Opium, morphine, codeine, hashish, cannabis,
and other plants that grow these harmful substances are insofar allowed for plantations in India for
Scientific, research, and medical reasons. However, these allowances are taken advantage of and
misused to grow tons of harmful narcotic substances that are not only addictive in nature but also
very noxious to health in the long run. India is considered to be one of the major consumers of
harmful narcotic substances like opium, cannabis(charas), hashish, and so on. A survey report
conducted in India in 2019 revealed that about 16 crore people (14.6% of the population) mainly
comprises between the age of 10 and 75 years are current users of alcohol, and out of them, almost
5.2% are highly dependent on alcohol. About 3.1 crore individuals (2.8%) are cannabis consumers,
and 72 lacs (0.66%) people suffer from cannabis problems of dependency. Overall opioid
consumers comprise 2.06% and nearly 0.55% (60 lakh people) require treatment. Around 1.18
crore people (1.08%) are current users of sedatives (non-medical use). 1.7% of the population of
children and adolescents (nearly 18 lakh) are inhalant users as compared to adults(0.58%). It is

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estimated that about 8.5 lakh people are injecting drugs (PWID – people who inject drugs) through
various methods.25

What is more interesting to know is that India is surrounded by two major drug-producing regions
of the world on its two sides: the Golden Crescent26 in the west, comprising countries like Pakistan,
Afghanistan, and Iran; and the Golden Triangle27 in the east that comprises Myanmar, Thailand,
Vietnam, and Laos. The smuggling usually happens through the regions of Punjab in the west and
through the northeastern regions of Manipur and Mizoram in the east. The population of Punjab
itself consumes drugs worth Rs 7500 crore every year. However, the substances smuggled through
Manipur are usually consumed for local use rather than large-scale commercial usage. But this has
led to an enormous chain in the entirety of North-east India, where young generations are
influenced the most. Druglords also emerged from the state in the late 1980s and 90s.28 This
insurgence of crime that arises through many interpretations made by deep research is also one of
the key elements of the research. This research paper will study all these interpretations
extensively. Analyzing the criminal records of drug abusers and especially traffickers reveals that
crime rates among them are seriously high. Nevertheless, the interpretations and theories on several
criminal offenses connected to drug abuse and the ineffectiveness of the government to shield the
citizens from its perils is one of the main components of this research.

RESEARCH METHODOLOGY
This paper is analytical in nature and the research made is based solely on secondary sources like
journals, articles, websites, blogs, etc. A legal analysis of substance abuse and crime in India is
aimed to be made in this paper.

HISTORY OF COMMERCIAL DRUGS AND DRUG LORD-ISM

The cultivation and production of poppy seeds for the capsule or the poppy heads which eventually
is used to prepare soporific drugs and beverages has occurred from time immemorial. Poppy plants
were grown in Asia Minor, from where the Arabs would extract and carry the dried poppies to
several other countries. Meanwhile, someone discovered that in one of the stages of poppy
cultivation, nature creates a compound(opium) that has severe addictive and hypnotic properties.
Thereafter, substances like morphine, codeine, heroin, and others were discovered and produced.
25
National Survey on Extent and Pattern of Substance Use in India” (2019)
Available at : http://www.nisd.gov.in/drug_abuse_prevention.html (last modified: 14th Nov, 2022)
26
Available at: https://harmreductionjournal.biomedcentral.com/articles/10.1186/s12954-017-0170-1 (last modified:
14th Nov, 2022)
27
Available at: https://byjus.com/free-ias-prep/golden-triangle/ (last modified: 14th Nov, 2022)
28
ibid.,

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The discovery of heroin created havoc in the history of medicine. Doctors unveiled that the drug is
excessively addictive in nature and that people use it even after they stop prescribing it. 29 In the
1700s, when finally the harmful consequences of narcotic substances were revealed to the world,
the Qing dynasty imposed severe restrictions against opium smoking, following many Western
countries prohibiting the sale of drugs. Drugs thus became illegal throughout the world, and there
started the illicit trade.

In the early 18th century, British merchants from the East India Company began to illegally sell
opium to Chinese merchants, and by the early 19th century, an illegal drug trade in China emerged.
By the Treaty of Nanking, the Qing government was forced to allow British merchants to sell
Indian-grown opium. In 1868, as a result of the increased use of opium in Britain, the British
government itself restricted the sale of opium by implementing the 1868 Pharmacy Act.30

The US ‘war on drugs started with the 1968 Presidential election of Richard Nixon. Columbia,
then, had become a global hub for drug trafficking. In the mid-1970s, small amounts of cocaine
started getting smuggled into the US from Columbia and in a very short time gained momentum
among the masses. Pablo Escobar, the leader of the Medellin cartel and one of the most-wanted
criminals in the world, emerged as a ‘drug lord’ in the early 80s and 90s. The business spread to the
four corners of the world, making Escobar one of the richest men in the history of the globe. The
US Drug Enforcement Agency as well as the Columbian State officials chased after him for years.
In 1993, he was finally killed by the special task force in Columbia, leading to the hegemony of the
Cali Cartel. Subsequently, the emergence of the supply of cocaine in Mexico raged with the growth
of the Tijuana and Sinaloa cartels. Under the leadership of another ‘drug lord’, El Chapo in the
early 21st century, the Sinaloa cartel became one of the most powerful drug trafficking businesses
in the world.31 The business slowly emerged as a dark and dangerous one, often connected with
other various vicious crimes like murder, ransom, kidnapping, rape, theft, and so on.

The illegal production and trafficking of soporific drugs in India date back to Colonial rule, when
Britishers forced them to grow opium so that they could sell them to Chinese markets in lieu of tea.
The greedy Indian merchants started to smuggle from cross-border and sell the products within the
mainland of India. Indian proximity to the Golden Crescent and the Golden Triangle makes this

29
Nathan B Eddy, “The History of the Development of Narcotics”, Law and Contemporary problems; available at:
https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2701&context=lcp (last modified: 14th Nov, 2020)
30
ibid.,
31
Available at: https://www.britannica.com/topic/drug-cartel (last modified: 14th Nov, 2020)

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process smoother for trade. Moreh, a border town in Manipur, which was once considered a
Gateway of India to ASEAN has now become the largest drug hub of the country. Lukhosei Zou, a
popular drug lord in Manipur was finally arrested in 2018, for smuggling and trafficking huge
amounts of drugs into India.32

GOLDEN CRESCENT AND GOLDEN TRIANGLE

The Golden Crescent constitutes mainly the three states of Pakistan, Afghanistan, and Iran which
are considered to be the global hub of opium production and distribution. Over the last few
decades, wars, terrorism, political and economic instability, and social exclusion in these countries
have led to the expansion of the drug trade and given birth to many more illicit activities in these
areas. The supplies from Iran and Turkce usually take the Balkan route, whereas Afghanistani
supplies route to Europe. The Southern route takes through Pakistan and ultimately reaches India
through which it is distributed to the other parts of the world. The drug business in metropolitan
cities, especially Mumbai, has led to quite a horror in the city. In Afghanistan, the local madrassas
are jammed with the Talibanis that trade in these narcotic substances. The harmfulness of the trade
could be witnessed in the fact that the drug trade has emerged as one of the reasons for the sex
trade in Afghanistan and also the spread of deadly diseases like HIV virus, Hepatitis B virus, and
Hepatitis C virus that cause due to injection of heroin through contaminated needles. 33

The Golden Triangle is located in the confluence of rivers Ruak and Mekong that joins Myanmar,
Thailand, and Laos. It is the second largest producer of opium, only next to Golden Crescent.
Heroin from the Golden Triangle is smuggled into the United States through couriers flying in
through commercial airlines. India’s population is perilously affected by the high volume of drugs
passing through the region and because the border is quite porous and compounded very poorly, it
enables an accessible environment for drug traffickers. 34

32
Available at: https://www.thestatesman.com/northeast/manipur-the-case-of-lukhosei-zou-absconding-politician-and-
drug-kingpin-1502743764.html (last modified: 14th Nov, 2020)
33
Farooq, S.A., Rasooly, M.H., Abidi, S.H. et al, ‘Opium trade and the spread of HIV in the Golden Crescent’, Harm
Reduct J 14, 47 (2017). Available at: https://harmreductionjournal.biomedcentral.com/articles/10.1186/s12954-017-
0170-1 (last modified: 14th Nov, 2020)
34
Available at: https://byjus.com/free-ias-prep/golden-triangle/ (last modified: 14th Nov, 2020)

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 DRUG MAFIA AND DRUG ABUSE IN INDIA: CAUSES AND
CONSEQUENCES
Drugs, narcotics, and psychotropic substances acquire a total trade of more than 500 billion dollars
in the world, which makes it the third largest trade only after oil and weapons. The drug trafficking
and cartel culture in India is usually called the Drug mafia, which refers to not only drug lords but
also criminals and dons. The rise of such cartels in the late 80s and 90s, especially from the streets
of Mumbai caused irksome havoc across the globe. Dawood Ibrahim, who is better known to be the
owner of the D-company and considered to be the second-richest criminal after Escobar, was a son
of a petty policeman in Mumbai. What makes the story more interesting is Dawood’s contacts with
Talibani terrorists and also his connection with the Mumbai bombings in 1993 and the massacre in
2009.35 The criminal fugitive is often associated with the treacherous ‘underworld’ that controls all
the global trade from the inside. However, the problem of trafficking is quite an ubiquitous
phenomenon and a number of countries including the Indian Government tried to curb such
activities by raging a ‘war on drugs’.

Substance abuse or precisely drug abuse can be defined as the usage of narcotic or psychotropic
substances in an amount insofar, by several hazardous methods, that can pose a threat to the health
of the abuser as well as the tranquillity of the society. Narcotic Drugs are basically chemical
substances that directly disorder the nervous system and affect the bodily functioning of the
individual. It is very addictive in nature and excessive habitual usage can interfere with the physical
and mental health of an individual severely. Consequently, the youth, which is quite vulnerable,
gets addicted to these substances. However, there are certain causes that trigger the usage of drugs
among vulnerable sections of the population.

Cause 1: Drug Trafficking and Illicit cultivation:

Besides the smuggling of drugs from Golden Triangle and Golden Crescent, a small amount of
opium cultivation also takes place in places like Himachal Pradesh, Kashmir, Uttaranchal, Uttar
Pradesh, Karnataka, Manipur, and some parts of Bihar. Apart from that, India is the only country
currently producing licit opium gum for domestic medical and scientific purposes as well as for
export according to the terms of the 1961 Single Conventions. However, an unknown portion of

35
Available at: https://zeenews.india.com/india/dawood-ibrahim-is-worlds-second-richest-criminal-ever-after-pablo-
escobar-2041881.html (last modified: 14th Nov, 2020)

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India’s licit opium crop (1,061mt in 2004) is also diverted into illicit channels and then converted
into heroin.36 This crude availability of such substances makes the dealers quite handy to trade.

Cause 2: Extensive market and corruption:

The excessive bribing and buying of officials have raised internal confidence in the dealers, who
provide an extensive market for drugs. College and high-school students are hired to sell drugs to
their fellow mates. Therefore, the college campus gets bloomed by these products and students get
addicted. Likewise, the availability of such substances is quite easy and therefore any vulnerable
person can avail of these at any cost.

Cause 3: Genetic or family:

The addiction of drugs is quite hereditary in nature and it passes down the generations. If any blood
relative is addicted to such drugs, it is supposed to be developed in that individual as well.

Cause 4: Mental health:

Currently, mental health is quite a raging topic in India. Looking at the rates of Poverty,
unemployment, workload, and other social problems, the masses become very mentally stressed
and such tensions make them vulnerable to drugs and alcohol.

Cause 5: Educational and peer pressure:

The biggest reason behind students getting addicted is the educational system in India, which is
planned in such a way that students start taking up work pressure from the very childhood. Lots of
homework and project work by teachers, and strict deadlines make it very difficult for a weak
student to compete in the class. Moreover, the peers and other relationships that he/she misses out
on create an unhealthy impact on his brain. Family pressure in India and family-made career
choices are also new sets of problems for kids in adjusting and enjoying his/her life. Amid all these,
he/she only wishes to keep away from social life and fall prey to addictions. Moreover, the lack of
parent-child healthy communication takes this addiction long forward.

Cause 6: Early use:

Sometimes, a kid is forcibly consumed illicit drugs under peer pressure at an early age. This early
usage can cause changes in the developing brain and increase the likelihood of progressing to drug
addiction.37

36
Available at: https://www.unodc.org/pdf/india/publications/south_Asia_Regional_Profile_Sept_2005/10_india.pdf
(last modified: 14th Nov, 2020)
37
Available at: https://www.mayoclinic.org/diseases-conditions/drug-addiction/symptoms-causes/syc-20365112 (last
modified: 14th Nov, 2020)

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 SOME OTHER CAUSES
Some other causes include ineffective government measures to tackle and shield the drug trade,
relationship problems among couples, a decline of old religious and moral values, neglect of kids
by rich and busy parents, ineffective parenting, heroic representations of druggards and drug lords
by the Indian cinema, lack of awareness by local news channels and so on.

Consequences of Drug Abuse:

(i) The most undesired consequence as a result of drug dependence is the increase in crime. Addicts
usually resort to crime to pay for their drugs. Drugs remove inhibition and impair judgment, egging
one on to commit offenses. Incidences of teasing, group clashes, assault, and impulsive murders
have significantly increased with drug abuse.38
(ii) The mental and physical health of an individual gets destabilized by drug abuse. It can result in
a fragile immune system and other chronic diseases in the body. The most harmful effect is that
drug abuse is one of the biggest causes of the HIV virus. According to estimates, nearly five lakh
people die of drug abuse in India, every year. Drugs not only affect mentally but also arises suicidal
thoughts.39
(iii) The use of Drugs has severe societal effects. Estimatedly, almost 30% of India’s population is
dependent on drugs, and this contains mostly youngsters of age 15-35. If such a huge number of the
youth population fall prey to such addictions, it is very likely for a nation to function ineffectively.
(iv) It has been seen that when desolate poor men take drugs and alcohol, they suffer from anger
issues, which gives rise to domestic violence. Many women fall prey to excessive beatings and thus
a social stigma around the female population of the society continues to prevail. Many more such
social issues get raised because of drug use and especially drug abuse.

DRUGS AND INDIAN CINEMA

Indian cinema and its outlook in the last few decades have changed quite a lot. While social issues
like empowerment of women, leadership, marriage, divorce, relationships, crime, rape, and certain
others have been justly raised and portrayed by Cinema, on the other hand, drugs, smoking,
alcohol, sex, nudity, and obscenity have emerged with an absolute new course of perspective,
ostentatiously portraying liberty and equality, thereby totally ignoring the fact that drugs create
health issues and that cinema and portrayals influence the public to a big extent. Even though the
government of India has made sufficient efforts in spreading awareness through disclaimers, such

38
Ahmad Nadeem, Bano Rubeena, Agarwal V.K., Kalakoti Piyush, ‘Substance Abuse in India’, Pravara Med Rev 2009;
1(4). Available at: http://www.pravara.com/pmr/pmr-1-4-2.pdf (last modified: 14th Nov, 2020)
39
Dr. Maryam Ishrat Beg, Abul Fahad, ‘Youth and Substance Abuse: A critical analysis of drug policy in India’,
Chapter ID: YSC/2021/A-06, ISBN 9789388996471, Youth for social Change, Kaav publications.

104 | P a g e
films or series, in the first place are not controlled insofar. The emergence of OTT(Over the top)
platforms have influenced shows that exhibit certain consumptions with a heroic label. Mostly the
protagonist of the story is shown to be very vulnerable to addictions. American telefilms and web
series have created unlimited content on this topic. Series like Narcos, Breaking Bad, Drug Lords,
Peaky Blinders, El Chapo, etc, and Indian series like Human, High, Kailaspuram, smoke, and so on
have to a degree, romanticized the culture of consuming drugs. Teenagers who avail these series
quite easily, get influenced. Moreover, cinema stars in India, have often been closely connected to
Drug lords, and most of them themselves consume drugs. The star life or celebrity life influences
the youth to quite an extent. In 2021, Aryan Khan, the son of superstar Shah Rukh Khan was
arrested for consumption of drugs. This case created a clamor throughout the country.

NDPS ACT AND OTHER IMPORTANT LEGISLATIONS: DRUG POLICY

OF INDIA
Although the Apex Act for drug-related crimes in India is the Narcotic Drugs and Psychotropic
Substances Act of 1985, Indian drug policy dates back to the Opium Act of 1857, followed by the
Opium Act of 1878, both of which were enacted to consolidate and amend the law relating to the
cultivation of the poppy and the manufacture of opium. This was followed by the Poison Act of
1919, which was enacted to regulate the granting of licenses and the selling of poisons at both the
wholesale and retail levels and also manage the import, sale, and possession of any specific poisons
in India. This was followed by the Drugs and Cosmetics Act of 1940, which was amended in 1964,
and very recently in 2008.40 It deals with “the import, manufacture, distribution, and sale of all
kinds of drugs (allopathic, ayurvedic, Unani, Siddha, etc.) and cosmetics”. The modified Act has
increased the severity of penalties for a variety of offenses, including the selling of counterfeit
medications, drug and cosmetic adulteration, hazardous pollution, and so on. However, it was post-
World War II, when the World was eventually aware of the ill effects of extensive drug abuse, that
International agencies started coming into existence and such issues started getting addressed on
several international platforms. India is a signatory to several international treaties and conventions:
(i) Convention on Psychotropic Substances 1961.
(ii) Convention Against Illicit Trafficking of Narcotic Drugs and Psychotropic Substances 1971.
(iii) United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances of 1988.41
The Constitution of India prescribes Article 47, which states that the state should work towards
raising the level of nutrition and the standard of living and to improve public health as among its

40
Available at: https://blog.ipleaders.in/indian-laws-relating-to-drugs-and-poisons/ (last modified: 14th Nov, 2020)
41
ibid.,

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primary duties and, in particular, the State shall endeavor to bring about prohibition of intoxicating
drinks and drugs which are injurious to health, except for medical or scientific purposes.

The Narcotics Drugs and Psychotropic Substances (NDPS) Act of 1985 was enacted “to
consolidate and reform legislation pertaining to narcotic drugs, as well as to provide strict measures
for the control and regulation of Narcotic Drugs and Psychotropic Substances activities.” The Act
prohibits the commodified cultivation, procurement, import, export, acquisition, sale, purchase,
utilisation, and circulation of narcotic drugs and substances.42 By an amendment in 1989, the Act
provided the Government to establish Special Courts with one single Judge who has powers to take
cognizance of all the offences under the NDPS Act. Certain procedural safeguards are also
provided under NDPS Act, like Panchnama, Seizure report, Seal report, Proper arrest report, etc.
The punishment will depend on the quantity of drugs involved in the case, small or commercial. It
also provided for the establishment of the Narcotics Control Bureau, which was established in
1986, headquartered in New Delhi.

Moreover, Sections 274 to Section 300 of the Indian Penal Code(IPC) also lays down laws and
regulations relating to drug abuse in India. In implementations, the Government of India has
implemented several measures, campaigns, surveys, task forces, operations, and so on to curb the
growth of drug cartels in India.

SUGGESTIONS AND CONCLUSION

The drug gang, drug cartels, drug-lords, and drug mafias have acquired considerable power and
influence in the world in spite of repeated efforts of the world to curb it. It is therefore very natural
for India to get vulnerable because of two dominion drug hubs locationally around it. Needless to
say, the Indian government has conducted repeated operations and checks. There have been various
victories in this part: starting from 5212 kgs of opium to 3838 kgs of heroin, 581644 kgs
ganja(cannabis), and 6643 kgs of hashish have been seized in total by the government of India in
2020, from the entire country.43 Even after many successful operations, there still remain remnants
of supply chains, peddlers, and most importantly, consumers of such illicit drugs. The question
always arises: Why? However, the officials who’ve taken up cases of drug abuse mostly have
attempted to break the supply chain of the cartel. Once a supply chain is destroyed, another one
builds up again. It is therefore not the supply chain, but the apex body of the cartel that needs to be

42
ibid.,
43
Available at: https://economictimes.indiatimes.com/news/india/drug-seizures-in-india-in-2020-highest-in-five-years-
ncb/articleshow/90712712.cms (last modified: 14th Nov, 2022)

106 | P a g e
chased. But it is not easy. The drug mafia or the cartel is usually an underworld fugitive who never
gets caught.

Some states like Punjab have also suggested the death penalty to drug traffickers, which is the
highest punishment by law in India. But as per most other recommendations, an abuser or
consumer of a drug should be sent to a rehabilitation center, because before being a criminal,
he/she is himself a victim in the eyes of law. This debate continues even today.

Some countries like the US was successful in chasing the Drug lord and destroying the supply
chains. Yet, the US suffers from drug trafficking today. Some states have also experimented with
other ways like legalization of cultivation and production of cannabis. However, the solution may
be, drug abuse continues to be a major problem in the world, because it is now not only an
addiction but also a business that profits in billions, and as the saying goes, “who holds the purse,
holds the power!

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 WOMEN IN JUDICIARY AND THEIR IMPORTANCE

Author: Amisha Singh, Student at O. P. Jindal Global University, Haryana

“When I'm sometimes asked when will there be enough (women on the Supreme Court) and I say,
'When there are nine,' people are shocked. But there'd been nine men, and nobody's ever raised a
question about that.” ~ Ruth Bader Ginsburg

The above quote by Justice Ruth Ginsburg was in context to the Judiciary of the United States of
America. In the Federal Judiciary in the USA. In context to the country for which the above
statement was made according to Justice Ruth Ginsburg, when there is a bench of only female
judges in the Supreme Court, there will be equality in the Judiciary as this has already been true for
men.

This paper aims to explore the possible problems women may face to get a seat on the bench and is
it important to have female justices and how their perception is important in the Judiciary. The
prime focus of this paper is the United States of America

3Women confronted major barriers in entering the legal profession in the US. In 1875, for
example, the Wisconsin Supreme Court refused Lavinia Goodell admission into the state bar. In
Washington D.C., Belva Lockwood campaigned Congress on three separate events to amend the
U.S. supreme Court admissions rules to permit a woman to fight before the court. Her endeavours
succeeded; Lockwood was sworn as the first female member of the U.S. Supreme Court bar on
March 3, 1879. In the late 1880s, she turned into the first female lawyer to contend a case before
the U.S. Supreme Court. Even as women were starting to get more popular in the legal scene, there
were as barely any female judges.

Approved in 1920, the Nineteenth Amendment allowed women the basic right to vote. During this
time, women started accepting judgeships, with the help of both appointment and election.
Similarly, Mary O'Toole, who turned into the first woman municipal judge of the United States,
when she was elected Judge of the Municipal Court of Washington, D.C. by President Harding in
1921.

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 The American Bar Association detailed that in 2014, women made up 34% of the legal
environment and men made up 66%. the significance of judicial diversity also, of guaranteeing
women's full and equivalent incorporation in the judiciary is blatantly clear in this period.
Hindering a large portion of mankind, the capacity to advance and better themselves just purposes
harm to the race overall. The synthesis of the judiciary must mirror that of the society to be
recognized as a body that is to be seen as genuine and equipped for conveying equal justice and
maintaining fairness under that of the law.

The obstacles to women participation in the judiciary:

a. Recruitment and appointment processes

while a variety of judicial recruitment and appointment frameworks may be worthy, they should
consistently guarantee judicial freedom and fairness, guard against inappropriate political or other
influences, and prioritize racial variety and gender equality, regarding the makeup of a judiciary.
Appointment frameworks in which the ability of judicial appointment is in the hands of a solitary
individual, noticing that this will, in general, have a negative effect on women's incorporation.

b. Opposition, gender roles and stereotypes

The predominant gender-based generalizations, standards, and jobs regularly play a critical part in
installing women's full and equal support in the judiciary. In numerous jurisdictions, strict
understandings as to women's parts in the public eye or explicitly in the judiciary keep on barring
women from the judiciary or specific courts. Once in a while, the authorities carefully apply strict
decrees regarding the part of women in the judiciary. while moderate strict convictions concerning
women's parts in society give the authorities guises to confine women's participation. How
gendered assumptions concerning women's functions in society have influenced how they are
treated by male associates and authority figures.

c. Harassment and discrimination

Females had confronted harassment and segregation due to being female. It is also noticed that
frequently women judges are dependent upon extra scrutiny and critique, just as gendered types of
intimidation.

d. Reluctance to join the judiciary

In a few settings, women stayed hesitant to enter the judiciary. They clarified that the different

109 | P a g e
 types of discrimination, resistance, and badgering that women decide on face frequently goes about
as a great hindrance to entering the profession. lack of confidence concerning certain women in
some cases obstructs their ability to apply for legal positions. The view that this started in social
and cultural weight. outreach endeavours should be made to urge women to join the judiciary.
Moreover, the foundation of tutoring and encouraging groups of people, and other viable measures
intended to ease women's interests about being an adjudicator, should be sought after.

e. Lack of training and outreach

the requirement for preparing programs to sufficiently get ready male and female judges for the
obligations associated with the profession. The requirement for proceeding with legal education
programs for gender-based discrimination and instructive projects to guarantee all individuals from
the judiciary practice gender, racial, and social sensitivity. The judiciary ought to draw in with legal
resources both regarding instructive educational plans and in terms of exploration concerning the
effect of women inside the judiciary.

THE IMPORTANCE OF WOMEN JUDGES

The judiciary is imperative to the standard of law, the reasonable organization of equity, and the
assurance of basic liberties. Not exclusively are the detachment of powers and the autonomy of the
judiciary bedrock parts of the standard of law and vote based system, yet courts assume a focal
function in guaranteeing that survivors of basic liberties infringement and misuses get viable cures
and reparation, that culprits of infringement and misuses are brought to equity and that anybody
blamed for a criminal offence gets a reasonable trial. In this specific situation, and because legal
choices and the organization of equity have immense and changed impacts on a regular day to day
existences, the capability, authenticity, and trustworthiness of a nation's judiciary are key and the
organization of the legal calling a matter of significant essentialness. Legal officials must be people
of respectability and capacity with fitting mastery and methodology for legal arrangements should
guarantee the autonomy and unbiasedness of the profession.

Since the conception of the United States over 115 judges have been nominated to judge the
highest court in the land. Out of these 114 justices, only 4 justices have been women. One of the
most potent judges for feminine rights that truly furthered women and their causes within the
SCOTUS was Justice Ruth Bady Ginsberg. However, it’s quintessential that the profiles of all-
female appointees, because they are so rare, to the SCOTUS be thoroughly studied.

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Justice Sandra Day O’Conner
The first female justice in the American Supreme Court was Sandra Day O’conner who in turn
gained international recognition as she was the first female justice to head any major supreme court
in the western world. Behind her appointment was the interplay and influence of another great
female would leader, then Prime Minister of the United Kingdom, Margret Thatcher. Thatcher and
President Reagan agreed upon several pertinent issues, some of which were the genre sensitization
of the courts. It is said that it was Thatcher who convinced Reagan, that to pursue this sensitization
it was necessary that an able yet extraordinary justice be appointed to the highest court on the land,
for then she would act as a champion of gender rights. She was then appointed by President Ronald
Reagan in 1981 and held the 2 positions of a female justice in SCOTUS for over 25 years. During
her tenure as a Supreme Court Justice, the SCOTUS leaned further towards conservatives and thus
lead to a flurry of conservative favouring decisions. O’Conner’s influence was not only limited to
the judicial side of the government but also enjoyed great influence in the legislative ambits of the
state as she was Arizona’s first female senator to become the Senate majority leader. After she
retired from SCOTUS in 2006 she became a champion for, racial and gender-based quality through
the implementation of judicial independence, throughout the globe.

Justice Ruth Bader Ginsberg

Ruth Bader Ginsberg was initially appointed as an associate justice to the SCOTUS by then-
President Bill Clinton. She was sworn in in 1993 and stayed on the honourable bench for over 30
years till her death in 2020. She was a champion of feminine rights in all spheres of life including
being an excellent mother, wife, justice, and leader of female and gender activists. She was known
to preside over existential decisions of the Supreme Court that pertained themselves to gender
rights, which included but were not limited to:
1) the United States v. Virginia which allowed women to attend public schools in the United
States;
2) The passing of the Equal Credit Opportunity Act of 1974 which allowed women to apply for
credit privileges and portages without being dependant upon a male cosigner;
3) In Ledbetter vs Goodyear Tyre and Co. Justice Ginsberg provided with an excellent judicial
note and dissent that called for equal pay for women within the corporation;
4) Ginsberg is said to have prevented many attempts that wanted to overturn Roe v. Wade, the
landmark abortion case of the United States;
5) In the case of Struck vs Secretary of Defence, Ginsberg allowed for the acceptance of
pregnant women in the workplace;

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 6) In the case of Obergefall v. Hodges, which allowed for same-sex marriage, Justice Ginsberg
was the crucial swing vote that legalized LGBTQ rights throughout America.

Justice Sonia Sotomayor

Justice Sonia Sotomayor was an immigrant and a woman in the United States as well as the first
Latina Supreme Court justice. She was not only the champion of female rights but also for
immigrant rights. She was appointed by President Barack Obama to the SCOTUS; however, her
appointment was delayed by Republican senators. Ironically, she was initially appointed by
President Bush, a republic, to the Southern District of New York courts.

Justice Elena Keagan

Justice Kagan was more of an unconventional choice for the SCOTUS because she had never
served as a judge before. She was appointed by President Barack Obama to the SCOTUS as if been
referred to as the bridge builder for she was more of a centrist in nature and did not enjoy radical
political leanings.

Finally, some statistics must be understood to fully grasp the situation of female bias in UScourts:
• 2“ Sixty of the 167 active judges currently sitting on the thirteen federal courts of appeal are
female (36%). When broken down by circuit, women’s representation on several of these individual
courts is even lower than on the courts of appeals overall:
◦ In particular, women are underrepresented on the Third Circuit (where they make up about
15% of judges) the Eighth Circuit (20%), and the Tenth Circuit (25%).
• Thirty-three per cent of active United States district (or trial) court judges are women.
◦ There are still 6 district courts around the country where there has never been a femalejudge.
◦ 4 district courts have had a female judge, but do not currently have one.
• For women of colour, the numbers are even smaller.
◦ There are 83 women of colour serving as active federal judges across the country (only
10.5%) including 43 African American women, 26 Hispanic women, 11 Asian-American women,
one Native American woman, one woman of Hispanic and Asian descent, and one woman of
Hispanic and African American descent.
◦ There are only 12 women of colour on the U.S. courts of appeals (7%). Five of those women
sit on the Ninth Circuit Court of Appeals, two sits on the DC” (Para 5, Line 1 ) Circuit, and one

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 woman of colour sits on each of the First, Fourth, Sixth, Seventh Circuits, and Federal Circuit.
Therefore, there are seven federal courts of appeals without a single active minority woman judge.

In conclusion, women must participate in the judiciary not only in the US but all over the world.
For the general population to put their trust in the judiciary, it has to perform its various duties
fairly while simultaneously avoid becoming a bastion for elitism and the symbol for the service of
the privileged which in turn is bound to lead to exclusivity which defeats the purpose of the law to
ensure justice for every single citizen. Thus, women are contributory to the judiciary not only as
members but also as the participants that ensure fairness within the judicial system itself.

REFERENCES
1. Hensler, Deborah R. “Studying Gender Bias in the Courts: Stories and Statistics.” Stanford Law
Review, vol. 45, no. 6, July 1993, p. 2187, 10.2307/1229144.
2. Silverbrook (unkown) Women in the United States Supreme Court (1 December
2020) https://www.gilderlehrman.org/history-resources/essays/women-and-united-states- supreme-
court
3. Wikipedia (unkown) Women in United States Judiciary (1 December 2020) https://
en.wikipedia.org/wiki?cv=1&curid=3798438
4. Author unknown (2016) Women in Federal Judiciary: Still A Long Way to Go (1 December 2020)
https://nwlc.org/resources/women-federal-judiciary-still-long-way-go/? cv=1

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MRP: 199/-