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Abhivyakti Law Journal 2018-2019 ABHIVYAKTI LAW JOURNAL 2018-2019 ILS LAW COLLEGE, PUNE ISSN 2348-5647 ii ILS Law College 2018-2019 © Principal, ILS Law College, Pune, 2019 Disclaimer: Views expressed by the contributors are personal and do not in any way represent the view or opinion of ILS Law College. Mode of Citation : SILC (Standard Indian Legal Citation) 2018-2019 Abhivyakti Law Journal iii Principal’s Page Dear Students, I am privileged to present the annual volume of Abhivyakti Law Journal to you. I am very glad to share with you a change that is introduced in this Journal from the current academic year. A new section of articles, research papers written by Ph.D. scholars and faculty members of the ILS Law College is introduced. This will benefit the writers and will enrich the content in terms of variety of subjects and scholarship. It is encouraging to note the wide range of subjects the students have chosen to write their articles. They have discussed Animal Rights and Human Rights, Law and Technology, Arbitration and Mediation, Constitutional Provisions, Feminism, International Law and many more other areas. I am sure that it will make an interesting reading for all. The articles have unraveled the close connection between law and life. The year 2018-19 has been an eventful one for legal fraternity. The Supreme Court of India remained in focus for some brilliant judgments popularly called as Sabarimala, Right to Privacy and Aadhar judgment and also for inappropriate procedures adopted while handling the charges of sexual harassment against the Chief Justice of India making us uncomfortable and restless. The ILS deeply mourns the sad demise of our two teachers Shri H.P. Deshmukh and Dr. Anupa Thapliyal, who taught and shaped lives of hundreds of students and contributed immensely to the growth of the College. The destiny also snatched away Prof. Madhav Menon who gave a new direction and prestige to legal education in India. He was a well-wisher and supporter of the ILS Law College. We pay our respectful homage to all of them. We will always cherish their fond memories. I congratulate the Abhivyakti Editorial Board for their efforts to produce a quality journal and wish all the students best of luck! Ms. Vaijayanti Joshi Principal iv ILS Law College 2018-2019 2018-2019 Abhivyakti Law Journal v Editorial We invite you to read yet another interesting and thought-provoking annual edition of the Abhivyakti Law Journal for this academic year 2018-19. With our college just a couple of years away from reaching centenary celebrations, it is heartening to see our students refurbish our cherished hopes with their academic excellence. The Abhivyakti Law Journal is like a colourful bouquet of knowledge wherein each submission of our students is a fragrant and bright flower of learning. The bouquet includes thought provoking articles, essays, case comments and legislative comments, and a project report. This edition also introduces a new segment on the research articles authored by the Ph.D. research students of the ILS Law College Ph. D. Research Centre. This year, once again, our students have further scaled up the ladder of great expectations by making this college journal a forum to present their flowing thoughts on a plethora of Law and Legal affairs. The submissions are on as varied a subject such as Business laws, International Public law, Aircraft and Space laws, on the trending Arbitration laws, Religious Rights and even laws relating to Feminism, Mining, Yoga, River disputes and Animal Welfare. We believe that these reflect our students’ keen commitment to understanding, comprehending, grasping, assimilating, conceptualizing and visualizing legal knowledge. On a side note, For the future student authors: “Writing means sharing. It's part of the human condition to want to share things - thoughts, ideas, opinions” -- Paulo Coelho And for the readers: “Whenever you read a good book, somewhere in the world a door opens to allow in more light”. --Vera Nazarian Faculty Editors Dr. Banu Vasudevan Dr. Shaila Daware Ms. Pronema Bagchi vi ILS Law College 2018-2019 Statement of ownership and other particulars about the Abhivyakti Law Journal as required under Rule 8 of Newspaper (Central Rules, 1956) Form IV (See Rule 8) Place of Publication ILS Law College, Chiplunkar Road, (Law College Rd.) Pune 411004 (India) Language English Periodicity Annual Printer’s Name Shree J Printers Pvt. Ltd, Nationality and Indian Address 1416, Sadashiv Peth, Pune 411030 Tel: 020 24474762 Publisher’s Name Ms. Vaijayanti Joshi, Principal Nationality and Indian, Address ILS Law College, Pune 411 004. Tel: +91 20 25656775 (t) +91 20 25658665 (f) Editor’s Name Ms. Vaijayanti Joshi, Indian and Nationality Dr. Banu Vasudevan, Indian Dr. Shaila Daware, Indian Ms. Pronema Bagchi, Indian Owner’s Name ILS Law College, Pune I, Principal Vaijayanti Joshi, hereby declare that the particulars given above are true to the best of my knowledge and belief. Ms. Vaijayanti Joshi Principal ILS Law College, Pune 2018-2019 Abhivyakti Law Journal vii Acknowledgments We congratulate each of the student author who has helped us in bringing out yet another interesting and thought-provoking annual edition of the Abhivyakti Law Journal 2019. We also appreciate the sincere and diligent editorial skills of our student editors. Student Editors Ziauddin Sherkar V – B.A. LL.B. Stephanie Nazareth V – B.A. LL.B. Saranya Mishra V – B.A. LL.B. Mahasweta M V – B.A. LL.B. Nishant Gupta III – LL.B. Ashna Chhabra IV – B.A. LL.B. Printing Shree J Printers, Pune Faculty Editors Dr. Banu Vasudevan - Chief Editor Dr. Shaila Daware Ms. Pronema Bagchi viii ILS Law College 2018-2019 2018-2019 Abhivyakti Law Journal ix Table of contents ARTICLES Cubs of the Caliphate: Culpability of Child Soldiers 1 Alefiyah Shipchandler Investment Arbitration’s Tryst with Constitutional Principles 10 Sharanya Shivaraman Entering the Game of Drones: Analysing the Drone 17 Regulations of India Anuja Chaudhury Violation of Animal Rights under the Garb of Conservation: A Critique on Zoos 27 Rashmi Birmole and Srijita Dutta Mahadayi Water Dispute: Past and the Present 35 Aanchal Bhartiya Adultery, No More an Offence: Equality or Delusion 42 Kashish Singhal An Instance of Strategic Ambiguity: ‘Silence! The Court is in Session’ 49 Mihir Govande Winding-up and Illegal Transfers : An Overview 55 Ziauddin Sherkar Economic Sanctions under International Law: An Overview 61 Ashna Chhabra Constitutional Dimensions of Mining 70 Saranya Mishra x ILS Law College 2018-2019 Character Copyrightability: The Pros, the Cons and Everything in Between 79 Alefiyah Shipchandler Award of Interest by an Arbitral Tribunal – An Analysis of Jurisprudential Trends 88 Sharanya Shivaraman Corruption as a ‘Defence’ in Investment Treaty Arbitration 94 Anoop George Legal Fiction: Unmasking the Unreal 102 Karan Dodeja and Vaibhav Dubey Exploring the Unknown Facets of a Startup Organization 110 Pranav Bafna Right to Worship vs. Rights of a Deity 119 Nishant Gupta Delinquency: Influence of Economic Factors 127 Surabhi Smita and Anchita Sanghi Do the Provisions of the Surrogacy (Regulation) Bill, 2016 Justify its Intention? 135 Saloni Bambi and Simantani A Feminist Critique of Human Rights 144 Shrishti Kedia and Sanskriti Desai India, Let’s Mediate! 153 Arundhati Patkar Status of Animal Welfare in India: Legal Perspective 159 Rugved Upadhye Pushing Barriers in Life and Law : Yoga and Copyright 167 Rashmi Raghavan 2018-2019 Abhivyakti Law Journal xi ESSAYS Open Access to Justice- Live Streaming of Supreme Court Proceedings 173 Niyati Dasondi Policy Review on Foreign Direct Investment in E-commerce: A Boon or a Curse? 177 Debayan Gangopadhyay Arbitrability of Intellectual Property Disputes 182 Mahasweta M Air Crash Investigations leading to Development of Air Laws 188 Yash Bhale PROJECT REPORT A Study on Legal and Economic Impact of the Protection of Geographical Indications (GI) in India with special reference to the State of Maharashtra 192 Aishwarya Sivadas, Ambika Kajal, Shraddha Trivedi, Priya Agarwal, Anoop George CASE COMMENTS & LEGISLATIVE COMMENTS Harsh Mander v. Union of India 195 Dewangi Sharma Nandakumar v. State of Kerala 198 Jahnavi Murthy Prabhat Steel Traders Pvt. Ltd. v. Excel Metal Processers Pvt. Ltd. 201 Ayush Wadhi Sampurna Behura v. Union of India 204 Dewangi Sharma xii ILS Law College 2018-2019 Sharda Gautam v. Delhi Urban Shelter Improvement Board 207 Adithi Rao Swapnil Tripathi v. Supreme Court of India 210 Neha Sagam Union of India v. Hardy Exploration and Production (India) 213 Salonee Patil M/s United India Insurance Company Ltd. v. Jai Prakash Tayal 216 Mallika Joshi The Fugitive Economic Offenders Act, 2018 219 Akshay Kumar Ph.D. RESEARCH ARTICLES Giving Political Voice to the Persons with Mental Disability : Some Reflections 222 Ms. Rajlaxmi Joshi Disability as Form of Human Diversity in the Context of Panchayat Election : Some Reflections 241 Mr. D. P. Kendre Data Protection and Privacy laws in India : An Analysis 252 Mr. Amitkumar Khatu 2018-2019 Abhivyakti Law Journal 1 ARTICLES Cubs of the Caliphate: Culpability of Child Soldiers Alefiyah Shipchandler V BA.LL.B. Introduction The United Nations Convention on the Rights of the Child, 19891 (“UNCRC”) categorically prohibits the use of children in war operations. Notwithstanding such conventions, minors have been and continue to be used as soldiers in armed conflicts throughout the world. Be it, the American Revolution or the World Wars I and II to the Sierra Leone Civil War and to the modern-day insurgencies, armed conflicts and civil wars in Afghanistan, Colombia, Iraq, Sudan, Syria and Yemen, minors have always been trained and used in combatant roles and for the purposes of propaganda and even for tactical advantages. As far as the use of children by state armed forces are concerned, several international instruments are in place to disallow the same2.
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