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Domestic Violence PIF – A++ ISSN 2581-6349 VOLUME 3 ISSUE II || JANUARY - FEBRUARY 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] 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 AUTHOR(S) PAGE NO. 1 ECONOMIC GLOBALIZATION AT THE STAKE OF SHASHANK 9 ENVIRONMENT SINGH & SAHIL GUPTA 2 DOMESTIC VIOLENCE- THE SHADOW HIMANI MISHRA 26 PANDEMIC & SHUBHANGI AGGARWAL 3 INSANITY DEFENSES: LOOPHOLES IN THE NAMITA JAIN 33 SYSTEM 4 PROTECTION OF THE ACID ATTACK VICTIMS BANHITA 38 BY STATE: WHETHER MYTH OR REALITY? SARKAR 5 FEDERALISM: A COMPARITIVE ANALYSIS SANJANA 54 SHRIVASTAVA 6 THE RTI ACT: EVALUATING THE SUNSHINE ROHIT RANJAN 63 LAW OF INDIA 7 INTERPRETATION OF ARTICLE 21 TO PROMOTE SIDDHANT 74 THE INTENTION OF CONSTITUENT ASSEMBLY NARAYAN 8 MEDICAL NEGLIGENCE IN INDIA: THE ETHICAL AMEYA 87 CONUNDRUM & ENSUING REMEDIES AVADHUT NAYAK 9 IPR AND THE CULINARY WORLD: A CLOSER SAGNICK 106 LOOK AT THE VARIOUS PROTECTIONS CHOWDHURY AVAILABLE FOR FOOD RECIPES AND CULINARY CREATIONS 5 PIF – A++ ISSN 2581-6349 10 LIMITS OF PROBATION AND PAROLE WITH MRIDUL YASH 118 SPECIAL REFERENCE TO COVID-19 PANDEMIC DWIVEDI & ANUPRIYA BANERJEE 11 SOCIAL MEDIA REGULATIONS AND HUMAN AAYUSH SINGH 135 RIGHTS 12 FOUNDATIONAL INJUSTICE IN JUDICIAL ROHIT 152 SYSTEM: CHANGING OR NOT? CHOUDHARY, RAHUL SODHI & SAHIL CHHILLAR 13 A CRITICAL ANALYSIS OF TRANSGENDER PARISHA 163 RIGHTS LAW AND ACTIVISM IN INDIA DHEBAR 14 ARE PUBLIC SECTOR UNDERTAKINGS BOUND SAUMYA BAZAZ 174 BY THE SHACKLES OF INDIAN ADMINISTRATIVE LAW 15 HOUSEWIFE-AN UNPAID WORKER VAISHNAVI 192 BABURAMAN 16 ANALYSIS OF THE FARM BILL SIMRAN SUREKA 204 17 GOVERNANCE AND SUSTAINABILITY: AN NIKHIL ANAND & 219 INVESTIGATION INTO THE RELATIONSHIP SHREYA PAHWA BETWEEN CORPORATE GOVERNANCE AND CORPORATE SUSTAINABILITY 18 AN ANALYSIS OF CORPORATE SOCIAL ANSHIKA VATS 235 RESPONSIBILITY IN INDIA 19 ARTICLE 19: AN ANALYSIS OF RIGHT TO ASMA FIROZ 245 FREEDOM WITH RESTRICTIONS ENSHRINED KHAN UNDER INDIAN CONSTITUTION 6 PIF – A++ ISSN 2581-6349 20 MORAL & LEGAL ASPECTS OF SURROGACY GARIMA GUPTA 257 & RICHA PANCHAL 21 CRITICAL LEGAL STUDY OF SURROGACY AHAN GADKARI 271 THROUGH THE VARIOUS FACETS OF NATURAL LAW THEORY 22 ANALYSIS OF THE INTERNATIONAL SOFIA DASH 282 HUMANITARIAN LAW 23 THE CRUX OF ENVIRONMENT IMPACT SWETA PANDEY 308 ASSESSMENT, 2020- DRAWBACKS & BHUMI AGRAWAL 24 WOMEN’S RIGHT TO ABORTION: A APARNA 318 COMPARATIVE STUDY SUBRAMANIAN 25 CRITICAL ANALYSIS OF RE- INHUMAN HARSHITA 326 CONDITIONS IN PRISONS BHATT 26 INTELLECTUAL PROPERTY RIGHTS AND VARUN 343 HUMAN RIGHTS: AN INTERFACE AGRAWAL 27 GLOBALIZATION AND ITS IMPACT ON WORLD KARTIK SHARMA 361 POVERTY & VARUN 28 SHOULD PROFESSIONAL ETHICS IN THE LEGAL AMOGHA 373 WORLD BE DISTANCED FROM THE INFLUENCE KRISHNAN OF RELIGION AND PERSONAL VALUES? AYYANGAR 29 ABUSE OF DOMINANT POSITION LEADING TO HUZAIF JAMIL 388 UNFAIR COMPETITION UNDER THE COMPETITION LAW 2002 30 INTESTATE SUCCESSION TO THE PROPERTY OF ANANYA GOGOI 401 A HINDU FEMALE: AN ANALYTICAL STUDY 7 PIF – A++ ISSN 2581-6349 31 DISCUSSING THE STATUS OF CORPORATE SHOURYA 417 WHISTLEBLOWING IN INDIA PRATAP SINGH TOMAR 32 THE COMMISSIONER OF SALES TAX v. M/S. ERA GUPTA 428 BOMBAY SOUND SERVICE AND ORS. 33 DEFAMATION UNDER INDIAN PENAL CODE & SIDDHARTH JHA 433 IT’S ESSENTIAL ELEMENTS 34 THE DYNAMICS OF MEDIA AND LAW IN RICHA MISHRA 442 ELECTORAL POLITICS IN INDIA 35 WOMENS’ AGE OF MARRIAGE IN INDIA – A MALVIKA 458 CONCERN! MOHAN 36 CONTEMPT OF COURT IN RELATION TO NIKITA 471 ARTICLE 19 OF THE INDIAN CONSTITUTION BARRETO 37 KRAMER V KRAMER TO MARRIAGE STORY: BALAPRAGATHA 483 EVOLUTION OF MATRIMONIAL LAW IN THE M UNITED STATES AND IN INDIA 38 SHAYARA BANO V. UNION OF INDIA AND ANR: ABARNA D.S, 495 WOMEN IN ISLAM- OPPRESSED OR LIBERATED? GAYATHRI MENON P & FEBA ELIZABETH GEORGE 39 SHIFTING PARADIGM OF CSR IN THE ERA OF AKSHAY 506 PANDEMIC BHARGAVA 40 CHILD SEXUAL ABUSE IN INDIA- LEGAL PRANJAL SHAH 521 IMPLICATIONS 8 PIF – A++ ISSN 2581-6349 ECONOMIC GLOBALIZATION AT THE STAKE OF ENVIRONMENT - SHASHANK SINGH & SAHIL GUPTA The world has been progressing at a much faster pace than even thought of decades before. Globalization is at its peak and is expected to only boom in the coming future. The business inter and intra trade are flourishing at an exorbitant rate. International trade is becoming an important driver of economic development, as a rising number of developing countries look to trade and investment as a vital part of their strategies for development. However it’s not just trade that’s flourishing but also a major increase in environmental concerns, both at society level and amongst the policy makers. One aspect of such concerns is the depleting interrelationship between international trade and environment. It has been observed that expansion in trading practices though resulting in increased wealth, often have both positive and negative impacts on the environment. Therefore, this paper intends to examine the impact of globalization on environment by throwing light upon the nature and extent of protection given to the environment under the trade regime at both national and international level. The current international as well regional legal framework with regard to balancing of trade and environment, needs a better enforcement mechanism at both the levels, so that trade is carried out in such a manner, that is efficient for both the environment and economy.. Keywords –Globalization, Trade, Environment, Development, Economic 9 PIF – A++ ISSN 2581-6349 PRELIMINARY DETAILS A. AIMS & OBJECTIVES OF STUDY: The main aim of the study is to analyse the extent to which the economic Globalization has been impacting the environment. The detailed aims are: • To discuss the term “GLOBALIZATION” and how it has been affecting the environment due to current legal framework. • To discuss the provisions pertaining to environment under international trade regulatory bodies so as to keep a check upon environmental depletion by the trade practices. • To learn about various multilateral agreements that have been entered into by nations so as to prohibit and prevent such trade practices that are causing injury to environmental units. • To understand via certain case studies the disputes arising between nations due to economic globalization. B. RESEARCH PROBLEM Economic Globalization is the need of the hour. If intra and inter nation trade is stopped even for a short span the economy would cease leading to such downfall of the countries that they would take years to overcome. However, when economy starts interfering with mother nature it becomes more dangerous because it’s very difficult to choose from either one of them. The need is to harmoniously construe them both as neglecting of one would surely lead to 10 PIF – A++ ISSN 2581-6349 consequences unbearable. But in recent times the conflicts between human and environment are growing with a fair enough pace. Therefore the paper intends to lay down the conflicts arising and the measures to balance the interests of nations along with the environment. C. RESEARCH QUESTIONS a. What is “Globalization” and how it’s affecting the environment? b. What are the existing provision under international framework that tends to harmonise environmental concerns? c. Which multilateral agreements have been entered into by nations in order to protect the injury to environment from trade practices? D. HYPOTHESIS Despite of the fact that economic development is the need of the hour, it cannot be presumed to be only essential activity that a human must live, stand and abide by. If there is unhealthy sorroundings then there is no point of economy. It can be seen evidently that today’s trade practices are at no point concerned about our mother nature. Despite of inclusions of legal framework at national and international level hardly the positive impact can be observed.
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