ISSN : 2278-8093 PVolume 8, rIssue 1, Junea 2018 gyaaPragyaan: Journaln of Law a bi-annual refereed Journal Research Papers Interrogating the major essence of the unrelenting pursuit of Imitators by Inventors of Trademarks and Trade names Dennis Odigie Judicial contribution towards Consumer protection: An Appraisal Krishna Bharadwaj Protecting children's Right to Education: A Disaster Management perspective Mr. Subhradipta Sarkar Post of Parliamentary secretaries and concept of Office of Profit: Bamboozlement of Indian democracy by political parties Sukhwinder Singh, Harshit Agarwal Freedom of Speech & Expression in Social Networking: An Analysis with Special Reference to Hate Speech Dr. Gagandeep Kaur Surrogacy and its socio-legal aspects Saif Rasul Khan Social security and Corporate insolvency with respect to Rights of Workers Amit Randev The Question of Electoral Recall in India: Panacea or Pandora's Box? Karthik Shiva Criminal Law (Amendment) Ordinance 2018: A Specious Cure for a Prodigious Problem Prashant Joshi Rohingya refugee crisis: Indian legal perspective Deepanshi Mehrotra Issues related to Legality of Fantasy Sports in Indian Context Shubham Patel Pragyaan: Journal of Law Volume 8, Issue 1, June 2018 Patron: Dr. Rajendra Kumar Pandey Assistant Editor: Ms. Divya Singh Rathor Vice Chancellor, Assistant Professor, IMS Unison University, Dehradun IMS Unison University, Dehradun Editor: Dr. Saroj Bohra Assistant Editor: Mr. Arun S. Associate Professor & Head-School of Law, Assistant Professor, IMS Unison University, Dehradun IMS Unison University, Dehradun Associate Editor: Dr. Leena Pundir Assistant Professor, IMS Unison University, Dehradun International Advisory Board: Prof. Arnaldo Sobrinho de Morais Neto Prof. Janine S. Hiller Lt. Col. Brazilina Military Police, Professor of Business Law, Professor IESP/Fesp College, Brazil Pamplin College of Business, Virginia, U.S.A. Prof. Fiona de Londras Prof. Yousuf Dadoo, Chair of Global Legal Studies, University of South Africa, University of Brimingham, U.K. Pretoria, South Africa National Advisory Board: Prof. S. Sivakumar Prof. Vijendra Kumar Member, Law Commission of India Vice Chancellor, Maharashtra National Law University, Nagpur Prof.A. Lakshminath Vice Chancellor, Prof.. R. Venkata Rao Chanakya National Law University, Patna, Bihar Vice Chancellor, NLSIU, Bangalore Prof. P. S. Jaswal Prof. Subash Chander Raina Vice Chancellor, Vice Chancellor, Rajeev Gandhi National Law University, Patiala Himachal Pradesh National Law University, Shimla Prof.Gurdeep Singh Prof. V. R. Mehta Former Vice Chancellor, RMLNLU, Lucknow Former Vice Chancellor, Delhi University Prof. P. Iswara Bhatt Prof. Bhavani Prasad Panda Vice Chancellor, NUJS, Kolkata Vice Chancellor, Maharashtra National Law University, Mumbai Prof. Vijay Kumar Professor of Law, NLSIU, Bengaluru & Prof. Ashwani Kumar Bansal Former Vice Chancellor, Ambedkar Law University, Chennai Prof. & Former Dean, Faculty of Law, Delhi University Copyright 2018 © IMS Unison University, Dehradun. No part of this publication may be reproduced or transmitted in only form or by any means, or stored in any retrieval system of any nature without prior permission. Application for permission for other use of copyright material including permission to reproduce extracts in other published works shall be made to publishers. Full acknowledgement of author, publishers and source must be given. The Editorial Board invites original, unpublished contributions in the form of articles, case studies, research papers, book reviews. The views expressed in the articles are those of the contributors and not necessarily of the Editorial Board or the Institute. Although every care has been taken to avoid errors or omissions, this publication is being sold on the condition and understanding that information given in this journal is merely for reference and must not be taken as having authority of or binding in any way on the authors, editors, publishers and sellers who do not owe any responsibility for any damage or loss to any person, a purchaser of this publication or not, for the result of any action taken on the basis of this work. All disputes are subject to Dehradun jurisdiction only. Panel of Referees Dr. K. P. S. Mahalwar Dr. MridulSrivastava Chair Professor, Professional Ethics, Professor & Dean, Faculty of Arts & Law, National Law University, Delhi Manipal University, Jaipur, Rajasthan Dr. Subir K.Bhatnagar Dr. V. K. Singh Professor and Former Vice Chancellor, Associate Professor and Head, School of BabasahebBhimraoAmbedkar University, Corporate Law, Indian Institute of Corporate Lucknow, Uttar Pradesh Affairs, Gurgaon Dr. A. K. Pandey Dr. Amar Singh Professor, Faculty of Law, Former Dean, HNB Garhwal University, National Law University, Jodhpur & Tehri Campus, Badshahithaul,TehriGarhwal, Former Professor, U.K. National Law University, Delhi Dr. J. K. Das Dr. T. S. N. Sastry Professor &Dean, Faculty of Law, Former Professor of Law, University of Calcutta, Kolkata SavitribhaiPhulePune University, Pune Dr. NishaDubey Dr. ChandanBala Professor and Former Vice Chancellor, Professor & Dean, Faculty of Law, Barkatullah University, Bhopal J.N.V. University, Jodhpur Dr. SeshanRadha Dr. NishthaJaswal Former Professor, Professor, Department of Law, National Law University, Delhi Punjab University, Chandigarh Dr. A.K.Pandey Dr. C. M. Rao Professor Principal Banaras Hindu University ManikchandPahade Law College, Aurangabad Varanasi Prof. D.D.Kaushik Dr.AnilKaushik Vice Chancellor Director Vinayaka Missions Sikkim University, Gangtok School of Law Maharaja Ganga Singh University Bikaner, Dr. Jeet Singh Mann Rajasthan Professor National Law University, Delhi Dr. C. P. Upadhyay Professor Dr. Silla Ramsundar Banaras Hindu University Professor of Law Varanasi ADAMAS University, Kolkata Dr. N.K.Dhooper Dr. Tony George Formerly Founder Director, Marine and Environmental Law Institute Jaipuria Institute of Management, Lucknow& Dalhousie University, Halifax, Canada Professor Emeritus, IMT, Ghaziabad Dr. V.P. Tiwari Dr. Nagarathna A. Associate Professor Associate Professor Maharashtra National Law University, Nagpur National Law School of India University, Bangalore From the Editor Over the past years, the journal has strived to contribute to the academic discourse surrounding legal issues by publishing articles by both students and established scholars, as well as by both domestic and international authors. By any measurable standard: we have seen a steady increase in readership, article submissions, and citations to our published articles. However, we have also grown in less quantifiable ways: our reputation and visibility in the academic community continues to broaden, and our editorial board constantly reassesses and revises the editorial process to ensure the most efficient and satisfying experience for both authors and staff. Volume 8 : Issue I is a general publication which has attracted some high quality submissions that highlight the great variety of research topics providing a diversity of perspectives on the current and controversial issue of affirmative action. We are pleased to present eleven articles that in their own ways contribute to a better understanding of a range of issues on consumer protection, right to education of children in disaster hit areas, freedom of speech and expression in social networking, surrogacy, rights of workers, etc. and also a critique of contemporary topics which like Criminal Law (Amendment) Ordinance 2018, Post of Parliamentary secretaries, Rohingaya refugee crisis etc. This volume also contains papers awarded as the Best Paper presented in National Conference on Contemporary Socio- Economic and Legal Issues in India held on February 16-17, 2018 in IMS Unison University, Dehradun. It is due to the support of our faculty advisors, the hard work of our editorial staff, and the interest of our readers that we are able to come out successfully year after year with each volume, and we hope that this tripartite support continues in the future. We thank all of our authors, Advisory and Referee members who make the publication of the journal possible. In solidarity, Dr. Saroj Bohra Pragyaan: Journal of Law Volume 8, Issue 1, June 2018 ISSN 2278-8093 CONTENTS 1. Interrogating the major essence of the unrelenting pursuit of Imitators by Inventors 1-6 of Trademarks and Trade names Dennis Odigie, Senior Lecturer, Faculty of Law, University of Benin, Benin City, Nigeria 2. Judicial contribution towards Consumer protection: An Appraisal 7-15 Krishna Bharadwaj, Assistant Professor, BMS College of Law, Bengaluru 3. Protecting children's Right to Education: A Disaster Management perspective 16-27 Mr. Subhradipta Sarkar, Research Scholar, NLIU Bangalore &Assistant Professor, School of Law, The North Cap University, Gurgaon 4. Post of Parliamentary secretaries and concept of Office of Profit: Bamboozlement of Indian democracy by political parties 28-32 Sukhwinder Singh, Assistant Professor, Uttaranchal University, Dehradun Harshit Agarwal, Assistant Professor, IMS Unison University, Dehradun 5. Freedom of Speech & Expression in Social Networking: An Analysis with Special Reference to Hate Speech 33-43 Dr. Gagandeep Kaur, Assistant Professor, University of Petroleum Energy Studies, Dehradun 6. Surrogacy and its socio-legal aspects 44-55 Saif Rasul Khan, Advocate Guwahati High Court, Guwahati 7. Social security and Corporate insolvency with respect to Rights of Workers 56-60 Amit Randev, Student,West Bengal National University of Juridical