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India Phone Number +91 9654440728 Email ID: Nidhawan@Deloitte.Com PIF – A++ ISSN 2581-6349 VOLUME 3 ISSUE I || NOVEMBER 2020 || 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 AUTHOR(S) PAGE 1 ADVANCES IN LGBT RIGHTS SIDDHARTH 10 IN THE LAST DECADE KUMAR 2 BAN ON ACID ATTACK MAHITHA LALL 15 3 BEGINNING OF ENVISIONED CHAKSHU 19 REFORMS: ARE THE NEW PUROHIT FARMERS’ LAWS TAKING OFF THE BURDEN OR IMPRUDENTLY GIVING A BIT MORE? 4 IBC AND ITS ROLE IN INDIA'S SHREYANSH 24 REAL ESTATE LANDSCAPE BHANSALI 5 MEN IN THE INVISIBLE SINDHUJA D. & 30 GOLDEN CAGE SUNITA CHOUDHARY 6 MEDIA TRIAL SHIV A. 34 CHHATRALA & SALONI PRADHAN 7 PLASTIC BLOCKAGE AND KUSHAGRADHI 39 FLOODING – ANALYSIS AND BISWAS SOLUTIONS 8 RAPE LAWS IN INDIA – A SUBHALAKSHMI 44 MIRAGE OF DETERRENCE JENA 9 IMPORTANCE AND SARANSH 48 FUNCTIONALITY OF SHARMA & SUSTAINABLE SAURAV DEVELOPMENT GOALS 2020 RAJSINGH 10 CRITICAL ANALYSIS OF SIDHARTH 57 HUMAN RIGHTS VIOLATION SETHUNATH & SAFAL TOM 5 PIF – A++ ISSN 2581-6349 AND REFUGEE CRISIS BY DRACONIAN INDIAN LAWS 11 SINGAPORE MEDIATION IRA KUMAR 80 CONVENTION: A BOOST TO THE INTERNATIONAL MEDIATION REGIME 12 LEGAL SHIELDS AGAINST SHARDA 92 THE CRIMES OF HONOR PATIDAR & SURBHI DADHICH 13 FEMINISM IN 21ST CENTURY RICHA KANSAL 104 14 INDIA ON NEW HORIZONS: THOMAS 114 SECTION 377 MALIEKEL 15 MERGERS & ACQUISITION – A PRANEETHA 119 SHORT NOTE ON MANGU SIGNIFICANCE OF BUSINESS VALUATION 16 LABOUR REFORMS AND KETKI TUSHAR 130 RIGHTS OF WORKERS: KULKARNI REDEFINING A NEW ERA 17 RAWLSIAN THEORY OF ISHAAN GOEL 142 JUSTICE AND NET NEUTRALITY IN INDIA 18 REVIEW OF ESTABLISHED PRAKET SINGH 148 PROCEDURE IN CASES OF BASUR & CHEQUE DISHONOUR VISHESH CHANDHOK 19 INDIA- AN ASSURED ABODE ANANYAA JHA 165 FOR LEGAL OUTSOURCING 20 STUDY THE EDUCATION IN MANTU 175 SCHOOLS ACHARJEE & 6 PIF – A++ ISSN 2581-6349 DR. DEEPOM BARUAH 21 CHANGES IN THE DANISH KHAN & 188 CONSTITUTION OF INDIA NAZMIN SULTANA 22 COMPETITION LAW IN INDIA: SWARNITH 201 A PROGRESSIVE SATYA PRASAD LEGISLATION 23 IS CONSUMER REALLY THE DR. AMIT 214 KING IN INDIA: CHALLENGES KASHYAP & MR. AND POSSIBILITIES? PARTHIK CHOUDHURY & MRS. SHASHI BALA 24 PRISON ADMINISTRATION ARANTA YADAV 228 & NIYATI PATHAK 25 IMPACT OF SUSPENSION OF SHAMBHAVI 243 INSOLVENCY AND SINGH & BANKRUPTCY CODE MUSKAN SINHA 26 ELECTION COMMISSION: THE SPARSH 253 UNOFFICIAL PILLAR OF SHARMA INDIAN DEMOCRACY 27 NEED OF PROFESSIONAL SONAL GUPTA & 260 ETHICS IN LEGAL ADITYA PROFESSION RASTOGI 28 INTERNATIONAL CRIMES SHILPI S. 270 AND INTERNATIONAL GAUTAM CRIMINAL COURT 29 ROLE OF INFORMATION VAISHNAVI 278 TECHNOLOGY IN STOCK AIYER MARKET 30 CONSERVATION OF BIO- SIDDHANT 294 DIVERSITY IN INDIA NARAYAN & 7 PIF – A++ ISSN 2581-6349 DASARI NIKHIL CHOWDARY 31 WHITE COLLAR CRIME YASHWANTH A 305 S 32 INTERNATIONAL SHELAL LODHI 315 ARBITRATION: A DISPUTE RAJPUT & RESOLUTION MECHANISM YASHIKA FOR INTERNATIONAL GUPTA FINANCIAL DISPUTES 33 SOLUTION TO FINANCIAL MEDHIYAA 323 CRISIS- THE INSOLVENCY RAMESH AND BANKRUPTCY CODE 34 A CRITICAL ANALYSIS OF NABEELA 330 THE AYODHYA VERDICT ON JAMIL THE ESSENTIALITY OF MOSQUES 35 FORCE MAJEURE V. AKANSHA 335 FRUSTRATION OF CONTRACT SINGH 36 VIABILITY OF THE CODE ON MADHAVI 343 SOCIAL SECURITY, 2020 TEWATIA 37 TORT OF PASSING OFF PRAGATI GILDA 352 38 ABORTION LAWS IN INDIA: ASHWIN GUPTA 361 ISSUES OF AUTONOMY AND LEGALITY 39 RELIGIOUS VIEWS AND LAWS SWARNIKA 379 ON EUTHANASIA IN INDIA SINGH 40 IMPORTANCE OF TIMELINES PAWAN KUMAR 391 IN INDIAN PATENT YADAV & APPLICATIONS KUMAR KARITKEY YADAV 8 PIF – A++ ISSN 2581-6349 41 THE DILEMMA IN THE VIKASH KUMAR 403 REGULATION OF OVER-THE- TOP PLATFORMS IN INDIA 42 DOMESTIC VIOLENCE: AN RIDDHIMAN 422 UNSEEN CRISIS DURING ROY COVID-19 LOCKDOWN IN CHOUDHURI & INDIA ANSHALA VERMA 43 MASS MEDIA: A MENACE TO SHALABH 430 RIGHT TO PRIVACY 44 WINDING UP- MAJOR SIMRAN SINGH 439 ASPECTS IN INDIA 45 RISE OF E COMMERCE & SAAKSHI 449 ARTIFICIAL AGRAWAL INTELLIGENCE- THE NEW DOMAIN OF LAW 9 PIF – A++ ISSN 2581-6349 ADVANCES IN LGBT RIGHTS IN THE LAST DECADE -SIDDHARTH KUMAR Not for nothing did the great German thinker, Johann Wolfgang von Goethe, had said “I am what I am, so take me as I am” and similarly Arthur Schopenhauer had pronounced, “No one escapes from their individuality”. In this regard, it is profitable to quote a few lines from Fredrich Nietzsche: - “The individual has always had to struggle to keep from being overwhelmed by the tribe. If you try it, you will be lonely often, and sometimes frightened. But no price is too high to pay for the privilege of owning yourself.” This is the price of owing yourself as being homosexual in India is considered a taboo, immoral and a disgrace to one’s family, community and culture. Social stigma still looms large over the LGBT community in India, but in recent years significant social and legal progress has been made, to demarginalize and integrate the LGBT community to the mainstream Indian society. INTRODUCTION Homosexuality means sexual interest in and attraction to members of one’s own sex. The term gay is frequently used as a synonym for homosexual; female homosexuality is often referred to as lesbianism.1 People who fall under such category are referred as belonging to the LGBT+ community. It stands for Lesbian, Gay, Bisexual, Trans etc. the plus means other sexual orientations on the spectrum of sexuality. Human sexuality is complex.2 The acceptance of the distinction between desire, behavior and identity acknowledges the multidimensional nature of 1 The Editors of Encyclopædia Britannica, Homosexuality, Encyclopædia Britannica (Oct. 13, 2020, 7:25 PM), https://www.britannica.com/topic/homosexuality. 2 Drescher J, Byne WM. Homosexuality, Gay and Lesbian Identities and Homosexual Behaviour. In: Sadock BJ, Sadock VA, Ruiz P, editors. Kaplan and Sadock's Comprehensive Textbook of Psychiatry. 9th ed. Philadelphia: Lippincott Williams & Wilkins; 2009. pp. 2060–89. 10 PIF – A++ ISSN 2581-6349 sexuality.3 Gay usually refers to romantic relationship between two men, lesbian between two women, bisexual meaning being attracted to both men and women. Just identifying yourself as gay or lesbian has severe consequences, A recent study found that one of the major factors that results in the stigmatization of LGBT people is parental reaction towards homosexuality.4 Prince Manvendra Singh Gohil, whose coming out story is well-documented in the media and runs the Lakshya Trust that works for HIV/Aids prevention in the LGBT community said “I know of someone who got a sudden rush of inspiration from a TV program and decided to come out to his family. It didn’t work. He lost his home, his job, everything. I always tell people to be fully aware of their own reality. Be financially prepared. Detach a bit from your family both emotionally and financially before you plan to take this step." LEGAL RECOGNITION Supreme Court legalized the homosexual relations in its landmark judgement by striking down Section 377 of the Indian Penal Code.5 It marked a major step forward for LGBT rights and opened the door for further progress for the civil rights movement. On 6 September 2018, the court delivered its unanimous verdict, declaring portions of the law relating to consensual sexual acts between adults unconstitutional. Further legal and social changes are needed for LGBT individuals to gain full acceptance and equality within Indian society. However, the judgement transcended the LGBT issue with the 3 Sathyanarayana Rao T S, Jacob K S. Homosexuality and India. Indian J Psychiatry 2012(2020, Oct. 13);54:1- 3. https://www.indianjpsychiatry.org/text.asp?2012/54/1/1/94636.
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