Issue 4

1. Implications of Free Speech vis-à-vis Sedition in India

By Animesh Nagvanshi

From ICFAI University, Dehradun

The fundamental requirement of liberty is defined under Indian Constitution in Article 19(1)(a). Freedom of expression is sometimes referred to be the mother of all other freedoms since it has a prominent and significant place in the hierarchy of rights. Today, it is well known that freedom of expression is crucial to society and must always be maintained as such. The fundamental principle of a free society is the uninhibited interchange of ideas in a public setting. The development of any particular society and, ultimately, the state, depends on the unrestrained expression of ideas and opinions, especially without regard to the consequences. This is one of the most important fundamental freedoms that is shielded from government persecution or control. This paper covers all the aspects of freedom regarding speech under the Indian Constitution such as how the law came into existence under the Constitution, the essentials of the right, the scope of the freedom, the reasonable restriction imposed on the right for better governance and enactment of sedition law to curtail the voice of the people. This article will try to inform the readers about the most significant rights available to them as their fundamental rights.

2. A Study on Human Trafficking with a Special Focus on Tribal Women of Jharkhand

By Sourav Raj

From Graduate, Campus Law Centre, University of Delhi

Human trafficking in Jharkhand has become the biggest hurdle in the way of achieving or fulfilling its dreams as a welfare state. We should not ignore the issue or just rely on the Govt. data on human trafficking simply to say that crime in Jharkhand has gone down. Max no. of cases/crimes goes unnoticed & unpublished in the media house as well as in the Govt. reports. The most important national center for the illegal sector in India is located in the state of Jharkhand. From Jharkhand, an estimated more than 20,000 girls have been trafficked annually. Many of these victims are of younger than 18 years old, illiterate (or sometimes limited in literacy), and made to work in residences, brothels, and factories. Human trafficking is a severe activity that groups engaging in organized crime do often and constitutes some of the worst human rights violations in the world. It violates the fundamental human rights of the vulnerable, turning the Indian Judicial system into a mockery. The prime objective of the traffickers is to make money at the stake of the victims’ lives, which include men, women, and girls from different age groups. Mainly the traffickers involve themselves in trafficking minor children, especially girls, in lieu of being freed from poverty and getting a good life. But in the end, it ends in a nightmare. Inequality and class differences in society and the demand for cheap labor in the capitalist market have been identified as a few reasons for the same. Because the human trafficking problem in Jharkhand is a phenomenon that is hard to remove, this research paper will solely focus on the social, political, and economic reasons that contribute to the trafficking of the Adivasi women and girls of Dumka district, Jharkhand. This research paper will keep its focus on two blocks of the Dumka district of Jharkhand.

3. Policies Supporting the Advancement and Defence of Transgender Athletes’ Rights

By Adv. Nikita Vaigankar

From Practicing Advocate, District Court of Goa

Participation in competitive sports is a fundamental Human Right and yet, we are facing the question of whether ‘transgenders shall be given the status of athletes and be allowed to compete in sports activities’ and it is definitely a widely debated topic. In this paper, the focus would be laid on the rights and policies that are in favour of the transgender community in respect of the above question. While deliberating the views of both sides, the target would be laid on the inclusion of transgenders in the category of gender in sports that they wish themselves to identify with. In order to arrive at a conclusion, it is imperative to go through the policies that are against the interests of transgenders and put up restrictions on their liberal participation in sports events, along with the scrutiny of policies and rights that favour the transgender athletes in achieving fair and healthy sports journey.

4. The Legality of Phone Tapping in India: Analysing the Cross-Jurisdictional Positions

By Aaron San John

From School of Legal Studies, CMR University, Bengaluru

The concept of phone tapping has been established and in place since the 19th century.  It is not a new concept but, with evolving times it is quite interesting to observe how the laws have been established to ensure that the power of phone tapping is not being misused by the people in power. But time and time, we have seen how complex it gets while dealing with phone tapping as it has a very vague scope and it depends on the facts and issues of the case. This article covers the concept of phone tapping in India as well as in the United Kingdom, the United States of America, and Canada. This article also talks about the legal frameworks governing it as well as what are the various legislations that are available for an individual seeking redressal. This article also mentions the various case laws along with how and what remedies are available for an individual who has been affected by such act. Finally, this article concludes the entire concept of phone tapping as well as provides a suggestion that the government can consider while dealing with the same in India.

5. Right to Freedom of Press and Media under the Indian Constitution vis-à-vis Sponsored Media: A Contemporary Study

By Ritika Roy

From Chanakya National Law University, Patna

In India, press freedom is an intrinsic aspect of the freedom of expression and a necessary condition for a democratic system. This freedom is guaranteed by the Fundamental Rights provisions of the Indian Constitution. The media, which is required to respect people’s rights, is also required to operate within the bounds of legal norms and regulations. These rules/laws are intended to serve as minimum requirements and not as a substitute for more stringent safeguards for the right to free speech. The Indian Constitution Amendment guarantees press freedom, and the country’s media regulations generally uphold moral ideals, national integrity, and sovereignty to preserve a complex legal framework that fosters independent journalism. Under specific constitutional modifications outlined in the Indian constitution, media bias and false information are prohibited. The Indian Criminal Code (IPC), which governs all substantive areas of criminal law, covers the crime of media. The world’s media systems differ from one another in accordance with the economy, governance, religion, and culture of various societies. The media’s ability to criticize the government was constrained in totalitarian and communist regimes like China and the former USSR. Because of concern for revolutions, almost any speech that was considered to be against the State was silenced. On the other hand, nearly anything is permitted in nations with bourgeois democracies like the USA.

6. Ease of Doing Business in the Telecom Industry: A Policy Perspective

By Amit Kumar Mallick

From Chanakya National Law University, Patna

The Ease of Doing Business (EoDB) index is a system of ranking by the World Bank Group that indicates better regulations for businesses and stronger protections of property rights. The paper analyses the world bank’s EODB ranking system. The paper attempts to find out the crucial developments in the telecom sector in India that have had a positive impact on the EODB ranking of India. The telecom sector has become a main driver of economic and social development, and the telecom and broadcasting sectors have the potential to move on a higher trajectory of growth. The Government of India has implemented reforms such as Make in India, Smart City Mission, Skill India Mission, and Digital India to simplify business acquisitions, processing, and modernization. The Trade Commission of India (TCR) has undertaken a consultation process to identify the bottlenecks and obstacles that make it difficult to do telecom, broadcasting, and TV distribution business in India. In 2017, India made further progress, climbing 30 places to Rank 100th. In 2018, India ranked 77th due to improvements in the areas of resolving insolvency, getting credit, protecting minority investors, and enforcing contracts. In 2019, India moved up one spot to rank 63rd in the MSEB report. In 2020, India ranked 63rd again in the LIEB report, citing significant reforms made by other countries. India has made significant progress in the World Bank’s EODB rankings in recent years due to reforms to improve the business environment and attract foreign investment. Lastly, the paper presents some of the challenges and recommendations to improve the EODB ranking of India.

7. Comparative Analysis of Bank Savings & Insurance Savings

By Harshita

From Chanakya National Law University, Patna

The banking and insurance sectors are essential components of any country’s financial system, providing critical services to individuals and businesses. The Indian banking sector is a crucial part of the country’s economy and plays a vital role in promoting economic growth and development. Banking saving is an important part of the insurance sector in India, providing individuals with a safe and secure place to store their money, the opportunity to earn interest, and a financial safety net. Insurance saving plans provide both life insurance coverage and a savings or investment component, making them a popular choice for individuals who want to secure their financial future while also building up savings. Insurance saving plans can provide tax benefits and provide financial security, but they can come with higher fees and lower returns than other types of investment options. The paper compares the banking sector and the insurance sector in detail. The paper also attempts to find out the similarities and differences between bank savings and insurance savings. The banking and insurance sectors are two distinct segments of the financial industry, with different business models, risks, and ownership structures. The banking and insurance sectors play a critical role in promoting economic growth and financial stability in India, with banking saving providing a safe and secure place to store money, while insurance saving provides both life insurance coverage and a savings or investment component. Banking saving offers easy access to funds, lower fees, and a safe place to store money, while insurance saving offers life insurance coverage, tax benefits, and the opportunity to build savings. Banks can improve insurance savings by introducing automatic savings plans, promoting financial literacy, offering attractive insurance products, and simplifying the insurance purchase process. Insurance companies can offer incentives and rewards to encourage customers to save more for insurance, promote online and mobile insurance, introduce automatic insurance plans, and increase trust in the industry. Thus, lastly, the paper concludes by giving suggestions as to how to improve bank savings and insurance savings.