Journal of Law & Socio-Economic Issues



Comparative Analysis of Freedom of Speech in India, USA, China and France By Ashima Sharma

With the emergence of liberal democracy in the last few decades all over the world, the debate over freedom of speech and expression somehow got settled. It’s not a matter of debate anymore. One need not explain to anyone the importance of freedom of speech and expression in a running state system. This freedom is an integral part of the human civilisation regime. Read More

South Korea: Democratic Transition, Economic Development and Diplomacy By Akanksha Arya

Today South Korea is ranked as fourth largest economy in Asia and the 11th largest in the world (Gurría, 2016). And it is also ranked 24th in the world on the Democracy index of 2016 (EIU Democracy Index, 2016). Given the good position on the economic front as well as on Democratic front, it is hard to believe that a few decades ago South Korea was one of the poorest countries and had an authoritarian regime. Read More

Police Administration and Individual Rights: A Comparative Analysis between Indian, English, American, French and Japanese Legal Setup By Prashant Kumar Tiwari

Haryana witnessed a widespread agitation of public across the state in August this year, against the arrest of Dera Sacha Sauda Chief, Gurmeet Ram Rahim Singh ji Insan, consequently damaging the livestock and property and yet again stating the failure of administration in keeping peace and security. In the year 2016 itself, the state had witnessed disturbances on the issue of reservation in jobs where an enquiry committee setup under Prakash Singh, a retired IAS officer, clearly stated that “the state could not possibly complain of shortage of manpower. Read More

Right to Speedy Trial as a Fundamental Right By Tanima Sood & Hunney Mittal

The prison conditions in India have worsened overtime. Time and again the quality of life in prisons has been questioned by various NGO’s. It seems that as soon as a person steps on the threshold of the prison gates, he bids adieu to his fundamental rights and the police authorities get absolute authority to treat him as inhumanly as they wish to. A majority of the prisoners constitute the under-trials who are mostly poor. Read More

Interface between Competition Commission of India and Securities and Exchange Board of India By Meet Shah

The securities market is the mirror of the nation’s economy. A nation cannot grow without the smooth functioning of its securities market. In India, the Competition Commission of India (CCI) and the Securities and Exchange Board of India (SEBI) regulates the financial market. CCI is constituted under the Competition Act, 2002 whereas SEBI is constituted under the SEBI Act, 1992. Read More

The Friction between International and Domestic Law in India: A Critical Study By Nistha Chug

The supremacy of law is almost universally supported at the national and international level but practically it is a subject of the respective jurisdiction and sovereignty. The extraordinary support for the supremacy of law in theory, however, is possible only because of widely divergent views of what it means in practice. Disparate national opinions, political jargons and variety of facts and figures existing in the Indian territory has posed few problems while operating both the laws in parallel, but efforts to promote the supremacy of law through international organizations have necessitated a reassessment of this pluralism. Read More

Book Review: ‘The Law of Torts’ authored by Prof. Dr. A. Lakshminatha and Prof. Dr. M. Sridhar, Ramaswamy Iyer by Dr. Pijush Sarkar

Being acquainted with the substantive Law of Torts and putting those into practice in a court of law are two assorted things. The method by which this branch of law is taught in most of the Indian Universities and Law Schools simply makes the undergraduate study the abstract outline of the law of torts. The learning is left to be learnt in proficient practice in courts of law. Read More

Death Penalty: A Comparative Analysis in United Kingdom and United States of America as in today’s world  By Thakkar Chirag Kishor

Life is an eternal gift of God to human being. Starting from the Natural law theorist to the positive law approach everything revolves around study and creation of law in order to protect human life and dignity. Right to life is not only a positive law development and fundamental right but also a natural right. In light of such a background is it justified to take the life of a person when it is a right inherent by birth? Read More

Offences Relating to Marriage under the IPC: A Critical Analysis By Syed Aatif

The Indian Penal Code (IPC) is the principal legislation governing substantive criminal law in India. Apart from the general nature of offences, the code also makes specific provisions for certain offences. Chapter XX is one of them. This chapter consists of certain provisions that govern the marital life of individuals and punishes people for breaching the sanctity of the institution of marriage. Read More

Rohingya Muslims as Refugees in India By Ashootosh Kothari

Rohingya Muslims is an ethic group which forms the minority in Buddhist dominated Myanmar. Citizenship laws of Myanmar have denied Rohingya Muslims citizenship as Myanmar considers them to be foreign nationals from Bangladesh. Furthermore, laws of Myanmar grant only a temporary permit to Rohingya Muslims. On the other hand, Rohingya Muslims believe that they are a part of Myanmar since hundreds of years. Read More

Child Abuse in India: A Socio Legal Analysis By Mr. Deevanshu Shrivastava

Child abuse in India is often a hidden phenomenon especially when it happens in the home or by family members. Focus with regards to abuse has generally been in the more public domain such as child labour, prostitution, marriage, etc. Intra-family abuse or abuse that takes place in institutions such as schools or government homes has received minimal attention. Read More

Nature and Role of Directive Principles of State in India – A Comparative Study Between India and Ireland By Smit Hingu

The concept of directive principle is not new and was not unknown to framers of the constitution of India. It has ancient linkage and had been practiced by Kings. The present day concept of the directive principles of state policy aims towards noble, ideal and welfare state. Framer of constitution had noble vision about how will be the state of their dreams. And what are the requirement and necessity which the state can fulfill instantly any cost those were incorporated as Fundamental Rights under Part III of the Constitution of India. Read More


Commercialization Of Higher Education In India: Need For A Re-look By Ms. Priyanka Sharma & Ms. Priyanka Rajta, Assistant Professor, Manav Bharti University, Solan (H.P.)

Education as a public function of States is being eroded by market-driven approaches and the rapid growth of private providers, with scant control by public authorities. Privatization is one of the hottest issues currently being debated in the education sector. It is fast becoming a widespread trend when considering education reform, as it eases the pressure on governments to meet increasing demand and relieves them of excessive costs. Read More

Doctrine Of Living Instrument: An Inevitable Doctrine To Keep European Convention On Human Rights Alive By Mohammad Habibur Rahman, AHSS College Scholar, Cardiff University

The European Convention on Human Rights (ECHR or Convention) is recognised as one of the most successful human rights treaty. Over the time, thus, to make this instrument efficient and responsive to the social needs and demands with the time the European Court of Human Rights (ECtHR or Court) develops the doctrine of living instrument. The ECtHR recognised the European Convention on Human Rights as a living instrument and interpreted the Convention in the light of present-day conditions. Read More

The Protection Of Women From Domestic Violence Act, 2005: A Critical Analysis By Syed Aatif Advocate, Supreme Court of India

The Protection of Women from Domestic Violence Act, 2005 (hereinafter, „the Act of 2005‟ or „the 2005 Act‟ or „the DV Act‟) is the law that governs and punishes domestic violence in India. The law was enacted in 2005 to curb the menace of violence within closed doors. Mostly victims of such violence tend to stay silent over the atrocities committed on them. Thus, this legislation gave them a platform to address their grievances and get justice. Read More

An Analogical Study To Determine The Parameters Of Abuse Of Dominant Position In Indian Jurisdiction By Surabhi Sharma, Gujarat National Law University, Gujarat

The objective of competition law regime in any state is the promotion of competition and ensuring fair-play in the market. With greater competition in the market, enterprises face the challenge to protect their market share. While this applies to the majority of the players in the market; for those enjoying market power it is not so difficult. The perk of being dominant in the market for any enterprise is the control it enjoys over the market. It is this control over the market that can prove detrimental to the business of the competitors and mar consumer interest. Read More

Children and the Legal Process in Tanzania: A Review of Detention Periods By Kadilu, Mwajuma Research Scholar, Acharya Nagarjuna University

This paper is about children and the legal process in Tanzania with a focus on the duration of their detentions. It sought to assess the compliance with international laws by Tanzania on the duration of pre-trial and post trial detention of juveniles. It was noted that Tanzania has ratified international and regional instruments such as the United Nations Convention on the Rights of the Child, 1989 and the African Charter on the Rights and Welfare of the Child, 1990, thus, the country has undertaken a legal obligation to take all necessary steps, legislative, administrative and other measures to implement the rights contained in those instruments. Read More

Judicial Appointments vis-à-vis Independence of Judiciary By Swati Garg, Gujarat National Law University

The debate around independence of judiciary in India surfaced once again when Indian Parliament enacted the National Judicial Appointment Commission bill. This bill for the first time allowed legislature to participate in the appointment process which was conceived as an encroachment on the independence of Judiciary. Independence of judiciary is one of the most important facet of doctrine of separation of power. Read More

Manual Scavenging: A Social and Occupational Burden Not Theirs To Bear By Shivani Shinde & Siddhi Somani, University of Mumbai

The caste system in India has its origin in ancient India, which has evolved into different forms as rulers arose one after the other. Amongst all the castes that exist in India, “Dalits” (also called untouchables) are at the bottom of the hierarchy. Dalits in India have always been maltreated and have been referred to as “India’s Hidden Apartheid” by many authors and critics. They are victimized occupationally along with the numerous brutalities they face. Read More

Genetically Modified Crops and their effect on Environment By Keshav Kaushik, Gujarat National Law University

Working against the law of nature can prove to be dangerous if not done in controlled manner and with proper check and balance. Genetically modified organisms (GMO) include crops, vegetables and fruit that are created using genetic engineering methods. Scientists combine desirable genes from various species (called recombinant DNA technology) to create new genetically-altered crosses with enhanced nutritional, productive and ecological value. Read More

Legal and Ethical Issues of Surrogacy By Raj Krishna & Gaurav Upadhyay Chanakya National Law University, Patna

These days great hue and cry is going on in regard of surrogacy, as the Cabinet, on August 24, 2016 cleared the Surrogacy Bill 2016, with an aim to ban commercial surrogacy and make the process of surrogacy more transparent. Surrogacy is an agreement or arrangement wherein another woman carries and gives birth to a baby for the couple who wants to have a child. Read More

Position Of Human Rights In Sri Lanka By Aayushi Jain, Symbiosis Law School, Pune

The aim of the research was to study in detail the history of Human rights in Sri Lanka, its evolution and the present scenario. Sri Lanka has been a colony of various nations from 1517 to 1948 and has hence been a victim of the atrocities towards the citizens of Sri Lanka. Even after its freedom in 1948 Sri Lanka has been in constant conflicts between the Government and the LTTE due to which the living conditions for its citizens and even the armed personnel has not been very good. Read More


A Case  study on the level of awareness about Constitutional and legal rights among women of village and Diara District. UNA, H.P. by Dr. Bhavna Sharma, Principle (Offg.), HIMCAPES College of Law

We cannot deny this fact that women empowerment and human development go hand in hand as women folk constitutes almost 50% of the world population and is therefore a valuable human resource. Women empowerment has become challenge of this century and to fulfill this challenge, various strategies and policies have been made including social empowerment, economic empowerment, political empowerment and more particularly gender equality in order to eliminate all types of discrimination against women. Read More

Issues Concerning Execution of Death Penalty By Rohini Hirwane, ILS Law College, Pune & Mohit Khanna, Government Law College, Mumbai

With the rise and advancement of crimes in the society, the nature of punishment is becoming stricter. The highest form of punishment in India is capital punishment that is given for atrocious crimes. It can work as both, retributive as well as utilitarian kind of punishment. This paper is based on the legal and social control of death penalty in India and highlights the issues concerning its execution. Read More

Training on Cyber Law: A New Challenge for the Police By Palvi Mathavan, Research Scholar, Department of Law, University of Jammu

Information and Communication Technologies (ICTs) are progressively being adopted in Police work with the aim of nurturing greater accountability and a contrivance to check cyber crime. The know how about cyber crime is also inadequate among a significant section of the officers. The training programmes on cyber crime and its detection is only made available to a selected few, while the rest remain in darkness. Read More

Witch Hunting: Practices and Its Abolition By Neha Khatri Damani, Department of Law, Mohanlal Sukhadia University

In India the subject of women empowerment is not new and has become burning issue all over the world from past few decades. As class women have suffered a lot because of
diminution of respect and status in relationship between men and women, it is no longer same as it used to be. The family which was corner stone of civilised society is breaking up. Read More

The Role of Education in the Reformative Justice System of Juvenile Offenders By Abhinaya Sridharan, School of Law, Christ University, Bengaluru

In today’s day and age, we are becoming witnesses to an increasingly recognizable phenomenon of children in conflict with law, which calls for legislations in place to govern this. Despite being a country deeply concerned about the welfare of the children in our society, further having an impact on the welfare of the society at large, India has been plagued by many events of a criminal nature being increasingly committed by the very children who were sought to protect. Read More

Euthanasia in India: Socio-Legal Control By Nikita Mittal & Vranda Bansal Mody, University of Science and Technology (College of law and Governance)

Euthanasia is one of the most perplexing and debated issues throughout the world. Contrary views and arguments exist in this regard whether euthanasia should be legalized or not. This debate is continuing one because it is believed that human life is sacred and holy and such value should not be violated whereas others say that it’s autonomy of an individual freedom of choice to live or die with dignity. Read More

Dowry Prohibition By Simran

In the ancient times the marriages were related to kanyadan. It was laid down in the Vedas and dharma that the matrimonial ceremonies are not complete until the bride groom gets the dakshina, this is the reason that whenever the bridegroom is given a bride he also gets some valuable thing i.e. cash or something in kind which is known as dakshina. Read More


Conflict between Human Rights and Anti-Terrorism Laws: An Analysis with Special Reference to India, By Parvesh Kumar Rajput, DIRD College, Assistant Professor, 

The objectives of this research paper are to analyse the situation prevailing in some parts of the country. Moe specifically Kashmir and North Eastern part of the country.  Historically, these regions are not having any independent character but today they are engulfed into the fire of terrorism and cross-border insurgency.  Though it is low intensity conflict but made a huge economic and social loss to the country.  Government of India has tried to control the situation with the help of the union armed forces and to regulate the prevailing situations; some stringent laws have also been imposed to protect the interest of the armed forces. In this paper, emphasis has been focused on the AFSPA, 1958(Armed Forces Special Powers Act, 1958), applied on the Kashmir valley and north eastern part of the country.  In this paper we have to analyse its importance and effects vis-à-vis International and Domestic Human Right laws.Read More

Evidentiary Value Of Medical Witness by Saunak Rajguru,KIIT School of law

A common witness is one who testifies only to the facts observed by him; his evidence requires only common intelligence and knowledge. He is not capable of forming of opinion or drawing conclusions from the facts observed by him. This principle is known as firsthand knowledge. Section 45 of  Indian Evidence Act deals with opinion of experts. An expert witness, or skilled witness, is one who is skilled in scientific, technical, or professional matters, and who on account of his professional training, experience, and ability, is capable of forming opinions, or drawing inferences an expert witness is especially skilled in Forensic Medicine, science or law, or art. Medico-legal expert, when mentions the nature of injuries and whether they were caused during life or after death, is an expert witness.Read more

DNA Testing:Whether it can be used as an Evidence or not? by Vrinda Arora and Gayatri munjal

In this paper we would be dealing with DNA testing and how it has been useful as an evidence against any crime done. DNA testing, widely available for over twenty-five years, has revolutionized the way local, state, and federal governments understand identity by making it inexpensive to obtain a person’s genetic profile and link people to biological evidence and to each other. With the benefit of different types of DNA testing, the state can now say with greater certainty whether a particular suspect was the culprit of a crime or whether a particular person is the biological parent of a child etc. DNA testing has been embraced with enthusiasm by courts, legislatures, and agencies, state and federal, across areas of law ranging from criminal law, employment law, family law, and health law because it is easy to obtain and offers apparent certainty.Read more

Children Who Become Adult Too Early By Dipankar Madaan and Urvashi Raina

They are everywhere but invisible, toiling as domestic servants in homes, labouring behind the walls of workshops/factories, hidden from view in sugarcane plantations, unsafe in the production of pyrotechnics, collecting garbage from households, risking their lives in the streets selling newspapers and cigarettes, hopping from one jeepney to another to wipe our shoes and begging to fill their empty stomach, experiencing malnutrition, can be seen asleep in the coldness of the earth provided with carton papers as their beds, paying their ancestors’ debts in some big haciendas, working for their families in the rice farm, diving for pearls in the ocean/seas of the archipelago, involved in mining and quarrying in some places, demoralized and prostituted at young age…’’They are not worthy of these misfortunes.Read more

SPACE As New Tourist Destination – Challenges and Solutions By Raj Krishna

Space tourism, which our forefathers could not have even fathomed, is very much in vogue today. The enterprising skill of human being has made this a reality in the present times. Today the mankind stands at a significant juncture between the early successes of the orbital space tourism industry, and the very near promise of the start of sub-orbital space tourism operations. Spaceports stand ready to embrace the new sub-orbital space tourism markets and their attendant economic and employment opportunities. However, there are various challenges which needto be tackled before making strides in the field of space tourism. To regulate and streamline Space tourism and address related issues international laws and treaties have been enacted and implemented. As the popularity of Space tourism increases there may be a need to enact additional laws and guidelines in future to address those new initiatives. Read more

Any Rape is Crime, Why isn’t Marital Rape? Make Love, Not Rape ! By Abhilasha Belwal and Ashish Belwal

“Her friends used to tell her it wasn’t rape if the man was your husband. She didn’t say anything, but inside she seethed; she wanted to take a knife to their faces” – F. H. Batacan. The first thought that crosses our mind after we read about Marital Rape is whether it happens? How can a husband be a rapist? Marital Rape or spousal rape or rape in marriage is non-consensual sex in which the perpetrator is the victim’s spouse. It is a form of partner rape, domestic violence and sexual abuse. Apart from this, it is betrayal of trust by the person to whom a wife entrusts her life.Read more

A step ahead to Death Penalty Abolition By Roli sharma

“Every saint has a past, every sinner has a future.” -V. R. Krishna Iyer, J “… the humanistic approach should not obscure our sense of realities.” When a man commits a crime against society by committing a diabolical, coldblooded, pre-planned murder of one innocent person the brutality of which shocks the conscience of the court, he must face the consequence of his act. Such a person forfeits his right to life.” – A. P. Sen., JAs a defining law on the death penalty the case of Bachan Singh calls for the prosecution to show by leading evidence that there is no possibility of rehabilitation of the accused and that life will serve no purpose.Read more

State Policies Regarding Right to Education  By Atul Rana & Avantika Banarjee

local government. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society. The constitution of India had provision as to education only in the directive principle of state policy. It expressly indicated that the state has to make the policy for education. At present there are various provisions as to education in the fundamental rights, directive principles and fundamental duties. Thus, it has assumed the importance of education for a citizen as well as a country. To some extent it is a right of citizen and a duty as well.Read more

Is Commercialisation of Surrogacy Unethical By Payal Dey 

According to the Artificial Reproductive Technique Guidelines, surrogacy is an “arrangement in which a woman agrees to a pregnancy, achieved through assisted reproductive technology, in which neither of the gametes belong to her or her husband, with the intention of carrying it to term and handling over the child to the person or persons from whom she is acting as surrogate; and a ‘surrogate mother’ is a woman who agrees to have an embryo generated from the sperm of a man who is not her husband Read More


How Informed are SAARC Nations? By Urvashi Agrawal & Mudit Srivastava

Over the last decade, SAARC nations have made remarkable progress towards recognizing this right. Pakistan was the first to issue an ordinance in 2002 namely “Freedom of Information Ordinance, 2002” followed by Bangladesh, India, Maldives, and Nepal. While draft bills are under consideration in Bhutan and Afghanistan, a law is yet to be enacted in Sri Lanka though the civil society and media have been campaigning for it for over a decade. Read More

Relation Between the President and the Council of Ministers by Vishnu Tandi

In the Scheme of the Parliamentary system of Government provided by the Constitution of India, the President is the nominal executive (de-jure) authority and the Prime Minister is the real executive authority (de-facto). The constitution formally vests many functions in the president but he has no function to discharge in his discretion, or on his individual judgement. He acts on ministerial advice and therefore the Prime Minister and the Council of Ministers constitute the real and effective executive. Read More

Gender Equality: Access To Worship Place By Riya Attri

Gender equality is the most common topic debated in today’s world. Despite the existence of laws and treaties around the world, the rights of the women are violated. There are many reasons related to it. Read More

Surrogacy- Whether Beneficial to Surrogate Mother By Yogita Lohia

The term surrogacy basically shed light on new issues such as social, economic, medical as well as demographic which has become popular and a controversial solution for the childless couples. In general surrogacy is a way to conceive children wherein a woman carries and delivers a child for another couple in the context of growing globalization and the reproductive medcialization. Read More

Right to Equality vis-a-vis Right of Underprivileged By Kumar Deepraj

We citizens have a common right which is available to all irrespective of caste, creed, sex, religion, place of birth etc. and is called Fundamental Rights and is recognised as fair and legal. Fundamental Rights are Right to Rem in nature and is mentioned in Part III of the Constitution of India which is also called “Corner Stone” or “Magna Carta” of the Indian Constitution. Read More