Journal of Global Research & Analysis A Multi Disciplinary Referred Research Journal RNI-HARENG/2012/59126 ISSN: 2278-6775 EDITED BY Dr. Subhash Kumar Volume 9 (1) June 2020 Journal of Global Research & Analysis [A Bi-Annual (June & December) Multi-Disciplinary Referred Research Journal] [email protected] RNI-HARENG/2012/59126 ISSN: 2278-6775 PATRON IN CHIEF MR. S.P. BANSAL CHAIRMAN, GEETA GROUP OF INSTITUTIONS PANIPAT, HARYANA PATRONS MR. NISHANT BANSAL MR. ANKUSH BANSAL VICE CHAIRMAN, VICE CHAIRMAN, GEETA GROUP OF INSTITUTIONS GEETA GROUP OF INSTITUTIONS PANIPAT, HARYANA PANIPAT, HARYANA EDITORIAL BOARD EDITOR-IN-CHIEF DR. SUBHASH KUMAR PRINCIPAL GEETA INSTITUTE OF LAW, PANIPAT EDITORIAL BOARD MEMBERS MR. SANDEEP SAINI MS. SHILPA SARDANA HEAD OF DEPARTMENT HEAD OF DEPARTMENT (PRE-LAW) GEETA INSTITUTE OF LAW, PANIPAT GEETA INSTITUTE OF LAW, PANIPAT MR. DIVYANSHU CHAUDHARY FACULTY CO-ORDINATOR JOURNAL OF GLOBAL RESEARCH AND ANALYSIS Journal of Global Research & Analysis Volume 9 (1) (A Multi-Disciplinary Refereed Research Journal) RNI-HARENG/2012/59126, ISSN: 2278-6775 Journal Website: https://www.geetalawcollege.in/academics/list-of-journals/ OWNED BY K.R. Education Society, 547, Sector -11 (HUDA), Panipat, Haryana All rights reserved. No part of the contents may be reproduced in any form without the written permission of the publisher. Journal of Global Research & Analysis is an open forum which encourages all points of view. However, views expressed in its pages are the contributor’s own and do not represent the opinions or policies of Journal of Global Research & Analysis. Published by Nishant Bansal (On Behalf of) K.R. Education Society, Panipat. Address of Publisher – H.No. 547, Sector -11 (HUDA), Panipat, Haryana, Printed By –Jitender Nandal, Address of Printer – Nandal Enterprises, Printing #39, 1st Floor, Kissan Bhawan, Assandh Road, Panipat, 132103 (Haryana). Owned By K.R. Education Society, 547, Sector 11 (HUDA), Panipat, Haryana, Editor – Dr. Subhash Kumar, Place of Publication - K.R. Education Society, 547, Sector -11 (HUDA), Panipat, Haryana, India. Annual Subscription-Rs. 1000/- Single Copy- Rs. 500/- Bank Draft drawn in favour of K.R. Society and Payable at Panipat may be sent to the following address: The Editor (Dr. Subhash Kumar) Journal of Global Research & Analysis, Geeta Institute of Law, Karhans, Samalkha, Panipat- 132103 (Haryana). II Journal of Global Research & Analysis Volume 9 (1) (A Multi-Disciplinary Refereed Research Journal) RNI-HARENG/2012/59126, ISSN: 2278-6775 DISCLAIMER JOURNAL OF GLOBAL RESEARCH AND ANALYSIS Journal of Global Research & Analysis (JGRA) is a peer reviewed “A Bi-Annual Multi- Disciplinary Refereed Research Journal” (Print) in English for the enhancement of research published by Geeta Institute of Law (GIL) under the aegis of K. R. Education Society, Panipat. Geeta Institute of Law (GIL) under the K. R. Education Society, Panipat shall be the sole copyright owner of all the materials published in the Journal. Apart from fair dealing for the purposes of research, private study or criticism, no part of this Journal be copied, adapted, abridged, translated or stored in any retrieval systems, computer systems or other systems or be reproduced in any form by any means whether electronic, mechanical, digital, optical, photographic or otherwise without prior written permission from the Society. The editors, publishers and printers do not own any responsibility for the views expressed by the contributors and for the errors, if any, in the information contained in the Journal and the author shall be solely responsible for the same. III Journal of Global Research & Analysis Volume 9 (1) (A Multi-Disciplinary Refereed Research Journal) RNI-HARENG/2012/59126, ISSN: 2278-6775 TABLE OF CONTENTS 1. Oil Spills: Analysis of Liability Regime of Major Jurisdictions Varun Kumar………………………………………………………………………………………..1 2. Managing the Disasters of Lockdown: A Constitutional Analysis Manasvi Ahuja & Ayush Chaturvedi…………………………………………………………………18 3. Compensatory Jurisprudence: A Study with Special Reference to Judicial Attitude under Article 21 of the Constitution of India Dr. Kuldeep Chand………………………………………………………...……………………..….38 4. Rape as War Crime and Genocide: Enlightenment on the Ignorance of the Vendors of Human Rights Arkaprabho Roy & Tvisa Bhattacharjee……………………………………...………………………..56 5. Narco Analysis: A Helping Tool in Criminal Justice System or Not? Manmeet Singh………………………………………………………………….…………………..69 6. Realizing Human Rights of Homosexuals in India Nivedita Ghosh…………………………………………....………….……….…………………….83 7. Shielding Witnesses in India Neelam Lama…………………………………………………..……………….…………………..95 8. Covid-19 and Compulsory Licensing of Drugs Dify Doyil & Dr. Mamta Sharma……………....…………...………………………………………104 9. Virtual Dispute Resolution in India Anil Vats…………………..……………………………….……………………………………..115 10. Jihad Terrorism via Social Media: A Stigma on Internal Security of India Vasundhara Kaushik…………………………………………………...….…………...…….……..123 IV Journal of Global Research & Analysis Volume 9 (1) (A Multi-Disciplinary Refereed Research Journal) RNI-HARENG/2012/59126, ISSN: 2278-6775 11. Socio-Climatic Analysis of Waste Management at Household Level Akansha Ghose…………………………………………………………………………...………..135 V Journal of Global Research & Analysis Volume 9 (1) (A Multi-Disciplinary Refereed Research Journal) RNI-HARENG/2012/59126, ISSN: 2278-6775 OIL SPILLS: ANALYSIS OF LIABILITY REGIME OF MAJOR JURISDICTIONS VARUN KUMAR ABSTRACT Crude oil is one of the most important energy resources available to mankind. With the help of oil rapid development has taken place in the field of science, transport, etc but has also brought dangerous and irreversible damages to the environment. Various different regions and countries have come up with different treaties for their respective countries or regions to combat marine pollution due to oil leaks or accidents. International Organisations have developed laws regarding offshore drilling and oil spill and accidents which can be adopted by the signatory countries. International Maritime Organization (IMO) is the first of all the international treaties and United Nations Convention on the Law of the Sea (UNCLOS) is one of the most important treaties. The United Kingdom, United States of America, Gulf Countries and India all these countries have strong laws regarding marine pollution but lack compensatory regime, which is necessary for the implementation of the laws made by international organisations as well as nationally developed laws. The compensation is necessary to protect the ecology as well as protect the communities dependant on the marine coastal ecology for their livelihood. 1. INTRODUCTION “You wouldn't think you could kill an ocean, would you? But we'll do it one day. That's how negligent we are.” - Ian Rankin1 Offshore resources comprise of 70% of world’s undiscovered resources, including minerals, oil and gas. It was just only before World War 2 when offshore oil and gas started getting exploited at a commercial rate and by the middle of 1990, offshore oil and gas was accounting for around 1/3rd of total production in the world. As the exploration began to take place at commercial rate, different problems started to emerge including marine pollution and also over exploitation. Hence, the development of various treaties took place, the International Maritime Organization (IMO), known as the Inter-Governmental Maritime Consultative Organization (IMCO) until 1982, being the first one. After which many other treaties came up under IMO and also separate treaties were also Advocate, High Court of Delhi, New Delhi. 1 Ian Rankin, Novelist <www.goodreads.com/quotes/331808-you-wouldn-t-think-you-could-kill-an-ocean-would-you> accessed 22 December 2018. 1 Journal of Global Research & Analysis Volume 9 (1) (A Multi-Disciplinary Refereed Research Journal) RNI-HARENG/2012/59126, ISSN: 2278-6775 developed concentrating on specific factors. United Nations Convention on the Law of the Sea (UNCLOS) is the biggest convention, which is viewed as a ‘constitutive’ instrument providing a legal framework made of existing and subsequently enacted international agreements and customary international law whereas IMO has been basically concentrated on developing international rules and standards for the safety, security and environmental performance of international shipping2. Overall UNCLOS and all the other treaties must work endorsing the IMO. A conference was held in Paris in July 1989, by the IMO, which was called by leading industrial nations to discuss and find ways to prevent pollution from ships. After which in November 1989, work began to make a draft convention, which will provide a global activeness and co-operation to fight back marine pollution. All the parties to the International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC) were requested to develop measures to fight marine pollution in any way either nationally or with international cooperation from other states. Ships were made compulsory to move only with an oil pollution emergency plan and inform coastal authorities if any oil spill or polluting incident takes place and similarly offshore operators of the signatory states must also always have an oil pollution emergency plan to check the pollution immediately. The Convention has asked for establishing oil spill combating equipment, holding of oil spills equipment and also develops detailed plans and spill combating exercises. Parties to convention must