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Sino-Indian Relations: a Shared Vision ISSN: 2581-6349 VOLUME 1: ISSUE 3 || MARCH 2019 || Email: [email protected] Website: www.jurisperitus.co.in A Page ISSN: 2581-6349 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Editor-in-chief of Jurisperitus – The Law Journal. The Editorial Team of Jurisperitus holds the copyright to all articles contributed to this publication. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of Jurisperitus or Legal Education Awareness Foundation. Though all efforts are made to ensure the accuracy and correctness of the information published, Jurisperitus shall not be responsible for any errors caused due to oversight or otherwise. B Page ISSN: 2581-6349 EDITORIAL TEAM Editor-in-Chief Mr. Sooraj Dewan Founder || Legal Education Awareness Foundation Phone Number: +91-9868629764 E-mail ID: [email protected] Additional Editor-in-Chief Mr. Siddharth Dhawan Core-Team Member || Legal Education Awareness Foundation Phone Number: +91-9013078358 E-mail ID: [email protected] Editors Mr. Ram Avtar Senior General Manager || NEGD Ministry of Electronics and Information technology Phone Number: +91-9968285623 E-mail ID: [email protected] Smt. Bharthi Kukkal Principal || Kendriya Vidyalaya Sangathan, New Delhi Ministry of Human Resource & Development Phone Number: +91-9990822920 E-mail ID: [email protected] Ms. Nikhita Cyber Risk Consultant || Deloitte India Phone Number: +91-9654440728 E-mail ID: [email protected] Page | - 3 - ISSN: 2581-6349 ABOUT US Jurisperitus:: The Law Journal is a non-annual journal incepted with an aim to provide a platform to the masses of our country and re-iterate the importance and multi-disciplinary approach of law. This journal is an initiative by Legal Education and Awareness Foundation, a registered Non-Governmental Organization, which aims at providing legal education and awareness to all parts of the country beyond any social and economic barriers. We, at Jurisperitus believe in the principles of justice, morality and equity for all. We hope to re-ignite those smoldering embers of passion that lie buried inside us, waiting for that elusive spark. With this thought, we hereby present to you Jurisperitus: The Law Journal. Page | - 4 - ISSN: 2581-6349 CONTENTS S. No. Title Author(s) Page No. 1. Sino-Indian Relations: A Shared Drutika Upadhyay & 08 Vision Vaibhav Singh Parihar 2. Case Analysis: Harsh Chandan 22 Ghaziabad Development Authority vs. Union of India 3. Investigation, Interrogation & Aishwarya Singh 30 Compilation of Evidence in Cases Relating to Women - A Critical Analysis 4. Bandhs anywhere is injustice Deeksha Kathayat 41 everywhere- Are bandhs mockery of Indian democracy? 5. Exclusive jurisdiction clauses in Dhirajkumar Totala 46 commercial contracts: An essential for grant of Anti - Suit injunctions by Indian courts? 6. Arjun Sahni 53 Premarital Sex and Live-in Relation in the nature of marriage: a critical study of Page | - 5 - Indian Personal Laws ISSN: 2581-6349 7. Cambodian Annihilation Darshit Vardaan 59 8. Case Analysis: Divynash Gautam & 71 State of Rajasthan v. Kalki Tejaswi Kandi 9. Adultery law in India Garima Sachdeva 80 10. Legal Aid Gunish Aggarwal 91 11. Is the Media as the Fourth Pillar of Dhairya Arora, Rashi 107 Democracy Losing its Credibility? Shukla 12. Use of Carbon Credits for Manpreet Singh and 115 Environmental Protection: Unethical Gunjanpreet Kaur and Ineffective? 13. An analysis of the Ministerial Naasha F. Anklesaria 123 Conference held in the WTO System 14. Child Sexual Victimisation: A Study Mohita Yadav & 141 of Legal Framework and Recent Hitesh Yadav Trends in India. 15. Reservation System in India: Securing Ms. Nur Tandon and 158 Equality Amongst Citizens Mr. Manak Goel 16. LGBT Rights Shilpi Sinha & 170 In the Dark Age of Reason Surbhit Awasthi 17. Cyber Crimes: Understanding the Prerna Deep 178 Vexing Web of the World Wide Web 18. Local Self-Government and Village Vivek Ra j & Shivam 189 Panchayat in India Shukla Page | - 6 - ISSN: 2581-6349 19. Simultaneous Election Apurva Singh 199 20. Immanuel Kant: The Theory of Self- Deepika Singh 219 Determination 21. Case Analysis: Arihant Sagar Jain 231 Ram Pershad v. The Commissioner of Income Tax, New Delhi (1972) 2 Supreme Court Cases 696 22. Cross - Border Insolvency Regime in Fateh Singh Khurana 247 India 23. Simultaneous Elections in India whether Malavika Jayakumar 255 feasible? 24. The Tradition of Faith or Gender Samriddhi Pathak 263 Equality: Issue of Sabrimala temple 25. Lethal Autonomous Weapons and Anirudh Murali 272 Meaningful Human Control 26. BOOK REVIEW Nilanjan Chakraborty 285 Christopher Carlsson & Jerzy Sarnecki, An Introduction to Life-Course Criminology, Sage Publications, London 27. The Concept of Restitution & Unjust Vediccaa Ramdanee 289 Enrichment Page | - 7 - ISSN: 2581-6349 SINO-INDIAN RELATIONS: A SHARED VISION -Drutika Upadhyay & Vaibhav Singh Parihar INTRODUCTION The strategic emergence of India and China, the two Asian neighbours have shifted the gravity of world politics in to Asia and turned the vision of “Asian Century” into reality. Despite multiple socio-economic engagements, both the countries stand juxtaposed on various international and regional issues. This age of mistrust and rivalry started after the emergence of Tibetan Revolution. But, for centuries, India and China shared friendly and cooperative relations. The religious and economic ties between India and China stretched back to the First Century AD, when trade and pilgrimages was flourishing through the ancient Silk Road Corridor. Various Buddhist monks travelled to China to spread the message of Buddhism whereas, hundreds of Chinese pilgrims travelled to India and studied Buddhism in Nalanda University. These ancient ties even continued to thrive during the middle, modern and colonial eras. After independence, these age-old relations developed further, when India offered its unconditional support to Chinese freedom struggle and extended its diplomatic reorganization to China. However, this ancient relationonly lasted up to the beginning of Tibetan uprising of 1959 and started shrinking after the emergence of Tibetan crisis.1 NUCLEAR SUPPLIER GROUP AND INDIA’S MEMBERSHIP Nuclear Supplier Group was formed as result of India’s first Nuclear Test ‘Smiling Buddha’ conducted in Pokharan in 1974. It is a group of nuclear supplier countries that seeks to prevent nuclear proliferation by way of controlling the export of 1 Prof. P. Lazarus &SamrajSibaramBadatya, Fa Xian to Panchsheel: India-China Relations in the age of Page | - 8 - Friendship and Cooperation, (WORLD FOCUS), <http://www.worldfocus.in/articles/india-and-china- relations/fa-xian-to-panchsheel-india-china-relations-in-the-age-of-friendship-and-cooperation/>, accessed on 21 Nov, 2018. ISSN: 2581-6349 materials, equipment and technology that can be used in the manufacturing of the nuclear weapons. It was formed with an objective of averting the proliferation of nuclear weapons and to combat nuclear terrorism. India applied for NSG membership in 2016. NSG membership is important to India as it will increase India’s access to state-of-the-art technology from the other members of the group. Increased access to technology and being allowed to produce nuclear weapon programs will eventually give a boost to Make in India program. While most of the members of the 48-member group backed India’s membership, China opposed India’s membership on the ground that India is not a signatory to the Nuclear Non-Proliferation Treaty. NPT is an international treaty, which came into force in 1970 with an objective of preventing the spread of nuclear weapons and weapons technology.2This has made India’s entry to the NSG difficult because NSG works on the principle of consensus. However, India’s stand regarding NSG is that it is not a non-proliferation but an export control mechanism. India contends that NPT membership is not an essential condition for NSG membership as in the case of France which became a member of Nuclear Suppliers Group without being a signatory to NPT. Most importantly, it can be said that India’s desire to acquire NSG membership may be the perceived international status that members of NSG enjoy. This status denotes the level of advancement of the strategic technical developments of a country, that it can supply controlled items and its governance capacity to administer complex trade controls. Also, India is trying to secure a permanent seat of the United Nations Security Council where all the 5 permanents are NSG members. Thus, NSG membership will further strengthen India’s claim for the permanent seat. SOUTH CHINA SEA CONFLICT South China Sea has often been the second Middle East because of its rich reserves of oil and natural gas. India is not directly involved in the dispute but India’s involvement in South China Sea is in the ‘Offensive-Defence Strategy’ in the foreign policy. India has legitimate security concerns with China because any military dispute in South China Sea will have direct consequences on the Indian Ocean region. India is Page | - 9 - 2SreeResmi S, Nuclear Supplier Group and India’s Membership, https://www.clearias.com/nuclear- supplier-group-nsg-and-indias-membership/ accessed on 21 Nov, 2018 ISSN: 2581-6349 in the favour of the settlement of the dispute through bilateral means. But India’s economic, maritime and strategic interests demand the freedom of passage through South China Sea. If China gains control over the South China Sea region it will directly affect the world trade practices. From geographical perspective, South China Sea connects Indian Ocean to the East China Sea through the Strait of Malacca, one of the busiest sea lanes in the world. Up to 97 percent of India’s total international trade volume is sea-borne, half of which, passes through the straits. In addition, ASEAN constitutes one of India’s largest trade partners, with total trade valued at $71 billion in 2016/2017.3 Energy is another component of India’s interest in the SCS.
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