Issue 1

1. The Development and Comparative Analysis of the Right to Privacy in India and the need for a Law governing Policy

By Ritika Roy

From Chanakya National Law University,Patna

The Latin word Privatus, which implies apart from others, is where the word “privacy” originates. The right to privacy is what it really refers to, despite the fact that it is a fluid concept that changes depending on the cultural or social environment. To strike a balance between individual rights and public interest, privacy is necessary as social interests, which are relevant to society in the past, present, and future. In this regard, the start of human civilization was when privacy became necessary. Even throughout the Biblical eras, privacy was a concept. The history of the right to privacy should therefore be described starting with the ancient world and ending with the modern world. In actuality, the concept of privacy was first developed in the animal kingdom and has since been gradually assimilated into human culture. The earliest human societies, where its traces were first discovered, adopted the concept of privacy, which had its roots in animal culture. Much anthropological research has revealed that different early tribes had diverse concepts of privacy. The concept of privacy has been developed to take on its current form with the transition of primitive culture into ancient society and then gradually into contemporary society. Social change has enhanced both the physical and psychological opportunities for privacy and has also shown to be successful in converting these opportunities into choices of values in the setting of sociopolitical reality. From prehistoric to modern societies, privacy invasions have changed in both type and severity according to social upheaval.

2. Insurance Schemes in Agriculture Sector – A Analytical Study

By Amit Kumar Mallick

From Chanakya National Law University,Patna

Insurance schemes in the agriculture sector in India have been introduced to protect farmers from financial losses due to crop damage or failure. The paper attempts to understand these and some other schemes in the field of agriculture. The Modified National Agricultural Insurance Scheme (MNAIS) provides financial assistance to farmers in the event of crop loss or damage due to natural calamities, pests, and diseases, and encourages farmers to adopt modern agricultural practices and technologies. The Weather-Based Crop Insurance Scheme (WBCIS) is a crop insurance scheme launched by the Government of India to provide financial assistance to farmers in the event of crop loss or damage due to adverse weather conditions. The Pradhan Mantri Suraksha Bima Yojana (PMSBY) is a government-backed accidental insurance scheme designed to provide financial protection to individuals and their families in the event of an accident leading to death or disability. The Pradhan Mantri Suraksha Bima Yojana (PMSBY) is a simple and affordable insurance scheme that provides accidental death and disability coverage to individuals in India. The Livestock Insurance Scheme (LIS) provides financial support to farmers and livestock readers in case of the death of their livestock due to natural calamities, diseases, and accidents. Insurance schemes in India face several challenges, such as inadequate coverage, delayed compensation, inaccurate assessment, lack of awareness, and limited impact. To address these, the government, insurance companies, and other stakeholders should increase coverage, expand coverage, create new insurance schemes, streamline the claims process, increase the number of claims assessors, and improve assessment accuracy. The government, insurance companies, and other stakeholders need to improve the design, implementation, and outreach of insurance schemes to ensure sustainability. The paper also deliberates on such challenges. Lately, the paper makes certain suggestions as to what can be done to improve insurance penetration in India.

3. Study of Critical Issues Regarding the Capital Issues India and Global Depositories

By Harshita

From Chanakya National Law University,Patna

Capital issues refer to the process of obtaining funds or financial resources by a company or organization, typically through the sale of securities like bonds or stocks. There are several critical issues to consider when it comes to capital issues, including capital structure, regulatory compliance, market conditions, underwriting fees, investor relations, and reputation risk. This paper deals with the various capital issues and the critical issues therein. Companies need to carefully consider these critical issues when planning a capital issue to ensure a successful outcome. There are several forms of capital issues that companies or organizations can use to raise funds, such as Initial Public Offerings (IPO), Follow-on Offering, Rights Issues, Convertible Securities, Bond Issues, Private Placement, and IPO. Each type of capital issue has its own advantages and disadvantages, and companies may choose to use one or more of them depending on their specific needs and circumstances. Global Depository Receipts (GDRs) are a type of financial instrument used by companies to raise capital from investors outside their home country. The paper deals with the concept of GDRs and critical issues regarding it as well. The paper concludes by giving several suggestions as to how to deal with the challenges relating to IPOs, FPOs, GDRs, and other capital issues.

4. Abuse of the Marriage Act by Women: Gender Advantage

By Diksha Shashi

From Chanakya National Law University,Patna

Since ancient times, marriage has been regarded as one of the most significant social structures, if not the most significant institution in human civilization. Every culture has always had it, in some form or another, offering societal legitimacy to a physical connection between a man and a woman and providing the framework for the development of the family—the fundamental unit of society. Due to the long-standing male predominance in the nation, new legislation with a focus on women has been passed. The Domestic Violence Act, 2005 (“DV Act”), for example, was passed into law to protect women who had endured years of mental and physical abuse at the hands of others in Indian society. Another such law that has assisted women in leading respectable lives following divorce is the Hindu Adoption and Maintenance Act, 1956 (the “Maintenance Act”). The Indian Penal Code, 1860 (“IPC”) was amended in 1983 to include Section 498-A. This provision protects married women against abuse and dowry harassment by their husbands or any of their husband’s families. Women are additionally protected by the IPC’s Sections 354, 354-A, and 354-B from the criminal force, sexual assault, and other crimes.

5. Autrefois Acquit and Autrfois Convict: A Analytical Study

By Ankit Akash

From Chanakya National Law University,Patna

When the accused appears or is brought before the court for the trial of an offense, he may raise the defense that, in accordance with the concept of autrefois convict or autrefois acquit, he was previously tried for the same offense and was either found guilty of it or not guilty. The aforementioned idea has been acknowledged as a basic constitutional right and is expressly stated in Section 300. An accused person must prove that he has been tried by a “court of competent jurisdiction” for an offense in order to rely on the concept of autrefois convict or autrefois acquit. The Supreme Court has ruled time and time again that a customs collector’s decision is not the result of a “prosecution” and that there is no “court” in which the customs collector sits. The phrase “competent court” to try an offense, however, should not be construed too strictly to mean that only the status or character of the court should be taken into account. It is also important to consider whether the court, while otherwise qualified to try the case, was unable to do so because certain prerequisites for the exercise of its jurisdiction had not been met. Furthermore, it is not sufficient for the court to have had jurisdiction and competence to try the matter in order for the autrefois acquit principle to be applied. It is also vital that the judgment rendered by a court that mistakenly believes it lacks the authority to try the case or recognize the offense be void and that a new trial for the same offense is not precluded by the autrefois acquit principle.