Volume 3 Issue Iv || May 2021 ||
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PIF – A++ ISSN 2581-6349 VOLUME 3 ISSUE IV || MAY 2021 || Email: [email protected] Website: www.jurisperitus.co.in 1 PIF – A++ 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. 2 PIF – A++ ISSN 2581-6349 EDITORIAL TEAM Editor-in-Chief ADV. SIDDHARTH DHAWAN Core-Team Member || Legal Education Awareness Foundation Phone Number + 91 9013078358 Email ID – [email protected] Additional Editor -in-Chief ADV. SOORAJ DEWAN Founder || Legal Education Awareness Foundation Phone Number + 91 9868629764 Email ID – [email protected] Editor MR. RAM AVTAR Senior General Manager || NEGD Ministry of Electronics and Information Technology Phone Number +91 9968285623 Email ID: [email protected] SMT. BHARTHI KUKKAL Principal || Kendriya Vidyalaya Sangathan, New Delhi Ministry of Human Resource and Development Phone Number + 91 9990822920 Email ID: [email protected] MS. NIKHITA Assistant Manager || Deloitte India Phone Number +91 9654440728 Email ID: [email protected] MR. TAPAS BHARDWAJ Member || Raindrops Foundation Phone + 91 9958313047 Email ID: [email protected] 3 PIF – A++ 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. 4 PIF – A++ ISSN 2581-6349 INDEX S. NO TITLE OF MANUSCRIPT NAME OF AUTHOR(S) PAGE NO. 1 LEGALITY OF ANIMAL MANASA 8 CRUELTY IN MAINSTREAM RENDUCHINTHALA COSMETICS 2 MARITAL RAPE EXEMPTION: YAZHINI C K 13 THROUGH THE CRITICAL LENS OF PUBLIC-PRIVATE DICHOTOMY 3 PROGRESSION IN RATUL DHIMAN 20 INTERPRETATION OF ARTICLE 21 WITH SPECIAL EMPHASIS ON RIGHT TO PRIVACY: THE JOURNEY SO FAR 4 EXAMINING THE CRIMINAL ANDRYUSHA A. D’COSTA e 36 JUSTICE SYSTEM IN THE PINHO PERSPECTIVE OF BEST INTEREST OF A CHILD 5 UNDERSTANDING THE YUKTI YADAV 44 CONCEPT OF LEGAL MEDICAL TERMINATION OF PREGNANCY IN INDIA 6 TRIBAL AND LAND PROMIT ACHARYA & 60 ALIENATION TIYASHA BANERJEE 7 PRINCIPLES AND THEORIES OF RAHUL SHARMA 70 LABOUR WELFARE: RECOGNITION AND IMPORTANCE 8 INTERNET ERA DOMAIN NAME ANJALI NAIR 84 AND TRADEMARK DISPUTES WITH SPECIAL REFERENCE TO INDIA 5 PIF – A++ ISSN 2581-6349 9 CHARTING OUT THE SIMRAN KAUR 94 AFFLICTION TO THE FEDERAL STRUCTURE OF INDIA 10 MARITAL RAPE- A CRIME SHALMOLI GHOSH 106 UNDEFINED 11 USE OF E-SOURCES AND HIMANSHU RENIYA 117 LEGAL RESEARCH 12 COMMON LAW ASPECTS OF INDULEKHA K. 126 ENVIRONMENTAL LAW IN INDIA 13 RISE OF RETAIL INVESTORS SUMIT SINGH 131 DURING 2020 LOCKDOWN: D - SHEKHAWAT, GAURAV STREET HAIL ADMIST CRISIS SINGH & SANKALP SHARMA 14 VISHAKA VS. STATE OF SWATHI R 136 RAJASTHAN 15 PUTTASWAMY V. UNION OF PRAJWAL DWIVEDI 142 INDIA 16 PSYCHOLOGICAL AND LEGAL ALAN BAIJU 146 REFLECTION ON HATE CRIME 17 SAMPURNA BEHRUA V UNION RUKHMAN SINGH 154 OF INDIA, 2018 RATHORE 18 KASHMIR: A BATTLEGROUND MEHUL ANAND 158 FOR ARCH-RIVALS 19 COSMOPOLITANISM AND KARAN KUMAR 170 GLOBAL JUSTICE CHOUDHARY 20 INTERNATIONAL TRADE & SARTHAK AGGARWAL 179 COMPETITION LAW 21 WHY ARE THERE ACID ASHU DHIMAN & PARAM 199 ATTACKS IN NEW INDIA? BHAMRA 22 CRITICAL ANALYSIS OF ANSHU SINGH 206 MARXISM IN INDIAN SOCIETY 23 BATTERY AND ASSAULT – AN DEVANSHI BAVISI 214 ORDINARY TORT 24 CAPITALIZATION OF CHHAVI JAIN 223 POLITICAL PARTIES IN INDIA 6 PIF – A++ ISSN 2581-6349 25 EXTRA CONSTITUTIONAL TAMANNA 237 BARRIERS TO BANDYOPADHYAY CONSTITUTIONAL AMENDMENTS: COMPARATIVE STUDY BETWEEN INDIA AND USA 26 SEXUAL HARASSMEMT KHUSHI DADIA 247 AMIDST THE PANDEMIC 27 INFRINGEMENT OF HUMAN RAJINI B. K. & ADVAITH 255 RIGHTS OF CHILDREN WITH M. VEDANTH INTELLECTUAL DISABILITIES- A CRIMINAL JUSTICE ISSUE 28 NATION VERSUS STATE RIA UKEY 277 29 UNEMPLOYMENT CRISIS IN B. SWATHI LAKSHMI 287 INDIA 30 CONCERN OF DATA OSHIN SURYAWANSHI 292 PROTECTION BY E- GOVERNMENT 31 WOMEN SAFETY - HOW CAN IT PRINCE KUMAR 296 BE EFFICIENTLY ENACTED? 32 PROTECTION OF ARTISTIC RUDRA CHANDRAN L 302 FREEDOM: A LEGAL ANALYSIS 33 FAST TRACK PROCEDURE IN SHUBHAM MAHESHWARI 315 ARBITRAL PROCEEDINGS: A & NAVNIDHI SHARMA NEW TREND 34 SOCIO-LEGAL PERSPECTIVES SAMEER AFZAL ANSARI 327 ON GENDER, SEXUALITY AND LAW: EDITORIAL 7 PIF – A++ ISSN 2581-6349 LEGALITY OF ANIMAL CRUELTY IN MAINSTREAM COSMETICS - MANASA RENDUCHINTHALA INTRODUCTION: Regardless of your gender, go to your bathroom and look around towards your soap, shampoo and other toiletries. Or simply take a look at your daily deodorants and perfumes. Or even your clothes. Some of them may be branded as ‘Cruelty Free’ or ‘Vegan’, some may be leather, fake or genuine. My point is, how much do we actually know of the items we use regularly in terms of how they’re sourced, and what their impact is on the larger ecosystem. As we move forward, we as a society have become very conscious and aware of what we put inside our mouths. Water Purifiers have double even triple filters. We boil our fruits to get rid of the manufactured waxy layer. You will always find health freaks reading the ingredient lists of every food or beverage before they purchase or consume it. But why are we so unaware and unbothered with our other daily essentials? This article will enunciate the various unethical animal sourcing of many well-known products we use and its impact on society and our health. It will majorly focus on the legal measures taken to prevent this and protect not only animals but also us as consumers. Although most companies are party to grotesque crimes like Child labour that are kept under wraps from the general public, to whom the sleek shiny marketing strategies are shown, this article will mostly focus on animal cruelty and the relating laws in place. At the end, this article will also suggest new reforms and policies that can better protect all creatures of the earth. HOW DOES ANIMAL CRUELTY TAKE PLACE IN MAINSTREAM COSMETICS? Animal cruelty in products takes place in two ways: Testing1: Several invasive experiments on rabbits, mice, guinea pigs, and rats are carried out despite the fact that they are not allowed by law. Skin and eye discomfort experiments, in which chemicals are rubbed onto shaved skin or dripped into the eyes of restrained rabbits without providing pain relief, are examples. 1 Humane Society of the US- Cosmetic Testing FAQ 8 PIF – A++ ISSN 2581-6349 Experiments in which mice are force-fed chemical doses over and over again. Researchers use these tests to check for symptoms of general illness or serious health risks like cancer or birth defects. They can last weeks or months. "Lethal dose" experiments, in which rats are required to drink vast quantities of chemicals in order to assess the dose that causes death, have been widely criticized. The animals are usually killed by asphyxiation, neck-breaking, or decapitation at the end of certain experiments. There is no provision for pain relief. A significant percentage of the animals used in such testing (such as laboratory-bred rats and mice) are not counted in official statistics and are not protected under the Animal Welfare Act in the United States. Thousands of products are now on the market that are made from ingredients that have a long history of being healthy and do not need further testing. Companies can ensure food protection by using certain ingredients in their products. Companies may also use non-animal tests that are already available or invest in and create non-animal tests for new ingredients. There are nearly 50 non-animal experiments available now, with several more in the works. These modern alternatives will more closely replicate how humans respond to cosmetic ingredients and products than animal experiments, and they are also more reliable and cost-effective. Actively using animals/insects in production2: If you take a look a look at any makeup or skincare product you are most likely to find Carmine in it. Cochineal is a natural pigment extracted from the dried female insect Coccus cacti. Carmine is the aluminum lake of cochineal (cochineal). It's used in cosmetics and personal care items, among other things. Carmine is a food coloring that can be used in a variety of products such as juice, yogurt, and sweets. Her exoskeleton is crushed to produce a bright crimson red dye extract known as Carmine. Carmine was first used as a red dye by the Aztecs. Carmine is now used in a wide range of products, including strawberry milk, colored beverages, perfume, and vitamins, in addition to cosmetics. Carmine is often used to add color vibrancy, long-wear, and shade strength to a variety of products. Why will any cosmetics company use Carmine in their products? The short answer is that makeup companies use this ingredient because they believe it is the only way to achieve the brilliant cool pinks and reds that their consumers demand while remaining true to their natural makeup statements.