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Prithivi Raj

Narsee Monjee Institute of Management Studies, Law, Faculty Member

ICFAI University, Law School, Faculty Member

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Mr. Prithivi Raj is a Lawyer turned Academician. He is currently serving as an Assistant Professor of Law at Birla Global University, Odisha. He is the Chief Legal Adviser of the Human Rights Council of India, a registered body under NITI Ayog, Government of India. He is also serving as the Editor-in-Chief for the Indian Journal of Law, Polity and Administration. He has served as Assistant Professor of Law at SVKM's Narsee Monjee Institute of Management Studies (NMIMS) [Deemed-to-be-University], and also at ICFAI University. He has more than seven years of experience in practising Advocacy in various Courts and Tribunals in India. He was also elected as an Executive Member of the High Court Bar Association, Odisha. He has also served as Tax Consultant & Advocate for Civil Contractors, Builders and Construction Companies. He was the Advocate for Reputed Universities in matters relating to UGC and NAAC, in various High Courts and other Quasi Judicial Bodies. He was also the Advocate for various Public Sector Units (PSUs) of the Centre & State in Labour, Service & Industrial Matters. He has also served as Advocate and Arbitrator for a Leading Bank in India.

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Papers by Prithivi Raj

Upholding Human Rights in the Digital Age Exploring the Interface between the UDHR and Social Media Regulation in India

Rights (UDHR) serves as the foundation for the worldwide safeguarding and advancement of human ri... more Rights (UDHR) serves as the foundation for the worldwide safeguarding and advancement of human rights. Given the prevalence of online platforms in today's social media era, the values of the Universal Declaration of Human Rights (UDHR) hold particular significance. This concise analysis explores the relationship between the Universal Declaration of Human Rights (UDHR) and social media in India, with a focus on the challenges of regulating online communication while safeguarding the right to freedom of expression. Social media has revolutionized communication, information sharing, and public conversation. Although there are beneficial aspects, the presence of misinformation, hate speech, and other negative content presernts significant Human Rights (UDHR) on regulatory efforts in India. It explores the challenge of safeguarding online speech while also mitigating its negative consequences.

Constructive Criticism of the State

The Indian Express, 2023

Constructive criticism of the state fosters transparency, accountability, and democratic progress... more Constructive criticism of the state fosters transparency, accountability, and democratic progress. By addressing governance gaps and inefficiencies, it encourages institutional reform and social justice. This article examines how responsible critique strengthens state functionality and resilience, highlighting its role in promoting better policy outcomes and enhancing the democratic dialogue between governments and citizens.

From Medicalism to Legalism Evolving Perspectives in Mental Health Legislation and the Protection of Individual Rights

International Journal of Science and Healthcare Research, 2024

Mental health legislation has evolved significantly, shifting from a medical framework to a more ... more Mental health legislation has evolved significantly, shifting from a medical framework to a more legal-centric approach. Initially, laws were grounded in medical models, treating individuals with mental disorders as patients requiring involuntary care. This often led to the marginalization of legal rights, with patients subjected to confinement and treatment based solely on medical authority. Over time, however, the need for legal safeguards to protect individual autonomy and dignity became more evident. The shift from medicalism to legalism reflects broader societal changes, including a growing emphasis on human rights, the de-stigmatization of mental illness, and the importance of personal autonomy. Modern mental health laws now aim to balance medical care with legal protections, ensuring individuals' rights to informed consent, non-discrimination, and due process. This paper examines the milestones in the development of mental health legislation, focusing on how legal frameworks have evolved to safeguard the rights of those with mental health conditions. It also explores the role of international conventions, national reforms, and judicial interventions in promoting a rights-based approach. Ultimately, this paper underscores the importance of legal protections in ensuring the dignity and equality of individuals with mental health issues in contemporary society.

Regulating Surrogacy in India: Legal Frameworks, Ethical Considerations and Lessons from Global Practices

As surrogacy practices continue to evolve, understanding the legal and ethical implications of su... more As surrogacy practices continue to evolve, understanding the legal and ethical implications of surrogacy contracts is increasingly critical. This paper explores the surrogacy regulatory framework in India, focusing on the Surrogacy (Regulation) Act, 2021, and examines the inherent challenges and ethical concerns. The Act marks a significant shift by banning commercial surrogacy and endorsing altruistic arrangements, yet substantial issues remain in the fair and effective implementation of surrogacy agreements. The analysis begins with a historical overview of surrogacy in India, distinguishing between traditional and gestational surrogacy, and tracing India's rise as a prominent surrogacy destination. It then critically evaluates the Surrogacy (Regulation) Act, 2021, detailing its provisions, such as the prohibition of commercial surrogacy and the framework for altruistic surrogacy. The paper assesses how the Act addresses earlier regulatory gaps and examines the enforceability of surrogacy contracts under the Indian Contract Act, 1872. Further, the study discusses the ethical and societal concerns related to surrogacy, including the risks of commodification, potential exploitation of surrogate mothers, and the impact on the legal status and rights of surrogate children. The paper concludes with recommendations for improving the regulatory framework. It suggests implementing stronger monitoring mechanisms, establishing clearer guidelines for contract enforceability, and introducing ethical safeguards to protect all parties involved. Insights from international practices offer potential amendments to the Surrogacy Act, aiming to enhance fairness and ensure robust protection within surrogacy arrangements.

Machine Learning Evaluation of Key Aspects of User Preferences and Usability of E-Commerce Websites

Leveraging Smart Contracts for Fair and Transparent Intellectual Property Transactions on Block Chain - Prithivi Raj

Kashmir Journal of Legal Studies, 2024

Intellectual Property (IP) transactions are crucial in today's economy, involving the exchange of... more Intellectual Property (IP) transactions are crucial in today's economy, involving the exchange of intangible assets like patents, copyrights, trademarks, and trade secrets. These essential resources drive advancement in several industries by fostering innovation and creativity. Conventional techniqu es for managing IP transactions are inefficient, slow, and lack transparency, resulting in disagreements and difficulties in enforcing agreements. This study examines how smart contracts on the blockchain can potentially improve IP transactions by enhancing efficiency, fairness, and transparency. Smart contracts, which are self-executing contracts with predetermined terms written in computer code, play a crucial role in this fundamental change. They automatically implement and uphold contracts upon meeting particular circumstances, leveraging blockchain technology, a decentralized and secure ledger. This decreases intermediaries and reduces errors, providing a solution to the time-consuming and unclear conventional transaction procedures that frequently lead to conflicts around intellectual property. Smart contracts offer numerous advantages in intellectual property deals. They streamline licensing, royalty payments, and contract enforcement to speed up the transaction lifecycle. Blockchain decentralization guarantees the security of intellectual property transactions by protecting them from unwanted alterations. Smart contracts also allow for transparent and automated royalty calculations, guaranteeing equitable payment for authors and intellectual property owners. Implementing smart contracts on the blockchain ensures transparency by offering all players equal access to accurate information. Transparency promotes trust and decreases the likelihood of legal action, leading to a more cooperative and effective setting for intellectual property contracts. Nevertheless, it is important to recognize the obstacles and factors involved in using smart contracts into intellectual property agreements. These factors consist of legal acknowledgment and enforcement across different areas, incorporation with current intellectual property systems and legal structures, and privacy issues with confidential intellectual property data. Smart contracts on the blockchain provide an innovative solution to the inefficiencies of traditional intellectual property agreements. This article aims to investigate how smart contracts, with blockchain technology, can transform intellectual property transactions. The main objective is to determine how these technology improvements can improve inefficiencies, boost security, guarantee fair pay, and increase transparency in IP transactions. This research intends to provide insights into the practical uses and benefits of integrating blockchain technology in the field of intellectual property by utilizing smart contracts. This paper offers an in-depth analysis of the effects and consequences of implementing smart contracts on the blockchain in the field of intellectual property transactions, utilizing theoretical debates, case studies, and practical examples.

The Business Judgment Rule in Practice: Evaluating Directors' Decision-Making and its Legal Framework in India

Company law protects directors from personal liability for decisions made within their authority ... more Company law protects directors from personal liability for decisions made within their authority under the Business Judgment Rule (BJR). India&#39;s 63rd spot in the 2021 Ease of Doing Business index shows how regulatory frameworks affect investment trends. This method relies on directors&#39; authority to take bold measures, which is shielded by the Business Judgment Rule (BJR) from court review. This option decreases the cost of hiring qualified directors and helps recruit highly experienced leaders. Despite its merits, the BJR raises questions and debates over its interpretation and execution. There are debates over whether it is a standard of review or non-review, its formalization, and if it should be a &#39;presumption in favor of directors&#39; or a&#39;safe harbor.&#39; The BJR is more of a &quot;standard of non-review&quot; than a &quot;standard of review.&quot; An study shows that Section 463 of the Indian Companies Act, 2013, which apparently formalizes the Business Judgment Rule (BJR), misrepresents it. In its deference to business decisions, the Indian judiciary does not explicitly follow the Business Judgment Rule (BJR). A formal Business Judgment Rule (BJR) code in India is not urgently needed. Instead, courts should utilize it as a &#39;presumption&#39; in favor of directors. This paper clarifies BJR uncertainties to develop a more rational and efficient application in Indian corporations. This paper aims to explain the Business Judgment Rule and its implementation in India. The text discusses the BJR&#39;s origins, logic, and limits. This paper explains the BJR and its deployment in India to improve directors&#39; decision-making and corporate governance.

Workers' Participation in Management Towards Empowerment and Organizational Success: Insights from South Asian Countries

Maharishi Journal of Law & Society, 2023

Workers' participation in management (WPM) is a hot topic in industrial relations, especially in ... more Workers' participation in management (WPM) is a hot topic in industrial relations, especially in South Asia. The historical, cultural, and socioeconomic elements that create WPM frameworks in South Asian nations are examined in this research to uncover common trends and different approaches to workers' engagement in decision-making. The abstract emphasizes how colonial legacies, labor struggles, and industrialization shaped participatory practices. Based on a wide range of scholarly sources, legal documents, and policy reports, the study describes the legal frameworks and institutional structures governing WPM in each nation, emphasizing trade unions, employer associations, and government bodies' roles in shaping participatory initiatives. The abstract also discusses South Asian WPM approaches, from consultation systems to collaborative decision-making bodies. Comparing these models shows how employee representation, decision-making authority, and effectiveness vary by environment. The abstract also examines how WPM methods are integrated into organizational cultures and management practices, affecting employee morale, productivity, and labor-management relations. The study also covers South Asian WPM implementation issues. Low union density, power inequalities, and employee and employer ignorance of participatory management's benefits are explored. The abstract also discusses cultural and social conventions that may affect WPM acceptance and success and ways to overcome them. This abstract synthesizes case studies and empirical data to demonstrate the potential benefits of WPM in South Asian countries.

The Business Judgment Rule in Practice: Evaluating Directors' Decision-Making and its Legal Framework in India

European Economic Letters, 2024

Company law protects directors from personal liability for decisions made within their authority ... more Company law protects directors from personal liability for decisions made within their authority under the Business Judgment Rule (BJR). India's 63rd spot in the 2021 Ease of Doing Business index shows how regulatory frameworks affect investment trends. This method relies on directors' authority to take bold measures, which is shielded by the Business Judgment Rule (BJR) from court review. This option decreases the cost of hiring qualified directors and helps recruit highly experienced leaders. Despite its merits, the BJR raises questions and debates over its interpretation and execution. There are debates over whether it is a standard of review or non-review, its formalization, and if it should be a 'presumption in favor of directors' or a'safe harbor.' The BJR is more of a "standard of non-review" than a "standard of review." An study shows that Section 463 of the Indian Companies Act, 2013, which apparently formalizes the Business Judgment Rule (BJR), misrepresents it. In its deference to business decisions, the Indian judiciary does not explicitly follow the Business Judgment Rule (BJR). A formal Business Judgment Rule (BJR) code in India is not urgently needed. Instead, courts should utilize it as a 'presumption' in favor of directors. This paper clarifies BJR uncertainties to develop a more rational and efficient application in Indian corporations. This paper aims to explain the Business Judgment Rule and its implementation in India. The text discusses the BJR's origins, logic, and limits. This paper explains the BJR and its deployment in India to improve directors' decision-making and corporate governance.

Fostering Intergenerational Equity and Ethical Responsibility in the Blue Economy

The concept of the Blue Economy has gained prominence in recent years as a pathway to achieving s... more The concept of the Blue Economy has gained prominence in recent years as a pathway to achieving sustainable development, especially in the context of coastal and marine environments. This abstract explores the interconnection between the Blue Economy and sustainable development, shedding light on its potential benefits and challenges. The Blue Economy encompasses a range of economic activities, including fisheries, aquaculture, shipping, tourism, and renewable energy, all of which depend on healthy oceans and seas. This paper discusses the importance of integrating environmental sustainability, social equity, and economic viability within the Blue Economy framework. It highlights the need for responsible management and conservation of marine resources to ensure long-term benefits for present and future generations. Additionally, the role of innovation and technology in optimizing the utilization of marine resources while minimizing environmental impacts is explored. The paper also addresses the significance of international cooperation and governance mechanisms in promoting the Blue Economy's sustainable development goals. It emphasizes the need for transboundary collaboration and policy coherence to address common challenges, such as overfishing, pollution, and climate change. The Blue Economy holds promise as a catalyst for sustainable development, fostering economic growth while safeguarding the ecological integrity of marine ecosystems. However, achieving this vision requires a holistic and integrated approach, encompassing ecological, social, and economic dimensions, and a commitment to responsible stewardship of the world's oceans and seas.

The Upheaval Of Family Economy Without Contribution Of Women: A Critical Study

by Prithivi Raj, Dr. Palanivel R V, Sanjay Dey, and Priyanka Dahiya

Journal of Namibian Studies, 2023

Many women in poor countries now have the opportunity for stable, moderately successful employmen... more Many women in poor countries now have the opportunity for stable, moderately successful employment for the first time thanks to economic globalisation, which may impact their power to negotiate inside their own households and the choices they make for the children. The current research makes advantage of a novel context, a group of women are working in perpetualsalary employment as well as whose earnings do not differ by family background, to predict the likely effect of globalisation on flexibilitydiagonallycommunal strata. The article's main conclusion is that an increase in the relative female paydeteriorates the relativesbonds to the inherited group and the old-style economic system, but only for certain historically disadvantaged castes. Women from these castes are more likely to advocate for change for a variety of reasons, which are detailed in the paper. However, the analysis's overarching conclusion is that women's social status profoundly affects both their motivations and their ability to use money they earn to exert influence within the home. Second, since they have less financial stakes in the existing quo, disadvantaged groups may be more receptive to novel opportunities.

Navigating the Procedural Landscape of Immigration Law: Investigative Processes and Trials

Samdarshi, 2023

Although individuals may have moved into Indian territory without possessing a passport or visa, ... more Although individuals may have moved into Indian territory without possessing a passport or visa, there are situations where they might still be considered Indian citizens due to their prolonged residence. However, when a foreigner is identified as residing illegally within Indian territory, it is imperative that they are treated with the utmost respect and dignity until their repatriation to their home country is facilitated. There are various factors that compel people from neighboring countries to enter India, including political, economic, or inimical reasons. At times, individuals from these regions, driven by cultural and ethnic similarities, manage to blend into Indian society, often going unnoticed. Some of these migrants willingly attempt to establish themselves in our country. While these illegal migrants may not always pose an immediate threat, there are instances where their presence can compromise national security and encroach upon the rights of Indian citizens. In this context, the author undertakes a critical analysis of how foreign nationals classified as illegal immigrants should be treated until their deportation to their country of origin or until appropriate government decisions regarding their citizenship are made. This paper delves into the procedures that must be adhered to by concerned authorities and courts when dealing with offenses allegedly committed by illegal immigrants. The focus extends beyond violations of the Foreigners Act, 1946, to include offenses under any other prevailing laws within the country. The objective is to ensure a comprehensive understanding of the legal and procedural framework surrounding the treatment of such individuals in India.

Legality And Enforceability of Surrogacy Contracts: Challenges to Face

Journal of Survey in Fisheries Sciences, 2023

Surrogacy is a procedure in which intended parents enlist the assistance of a surrogate woman to ... more Surrogacy is a procedure in which intended parents enlist the assistance of a surrogate woman to conceive a child in exchange for the surrogate woman agreeing to carry the child to term, relinquish her parental rights to the child after birth, and pass the child over to the intended parents. A surrogacy agreement between an intended parent or parents and the surrogate mother requires both parties to be aware of their respective rights and responsibilities. The surrogacy contract typically outlines the rights and responsibilities of the surrogate mothers and intended parents, as well as clauses pertaining to the child's welfare, such as custody, parentage, and so on. The legitimacy and enforceability of such a surrogacy contract, however, is questionable because every surrogacy contract raises a number of legal and human rights issues, such as whether the contract is a form of prostitution, slavery, or commodification of motherhood. Commercial surrogacy is frequently criticised as a form of baby selling that promotes positive eugenics. Surrogacy contracts may raise questions about the appropriate remedies in the event of a breach. Different approaches to the validity and enforceability of surrogacy contracts have emerged as a result of this diversity. The authors discuss the legality of surrogacy contracts and how they can be enforced in accordance with Human Dignity.

Analysis of legal measures to control and prevent cyber crimes

International Journal of Multidisciplinary Research and Development, 2021

The internet, like life, is a blend of good and bad. Cyberspace, with all of its benefits, still ... more The internet, like life, is a blend of good and bad. Cyberspace, with all of its benefits, still has a dark side. Trespassing into a computer system to cause sabotage of the systems and records, as well as theft of the stored data, are common criminal activities associated with this crime. These crimes know no bounds and have an effect on countries all over the world. These crimes are described as unlawful, unauthorised human behaviour involving the automatic processing and transmission of data through computer systems and networks. It is the most difficult task for the police, judges, and legislators. Various legal measures exist in our legal system to regulate and deter cybercrime. The author of this article will discuss every element of the legislative mechanisms in place to regulate and deter cybercrime.

Entity Of Privacy In The Era Of Technology

The shifting sense of privacy from one social background to the next, notably in the eyes of the ... more The shifting sense of privacy from one social background to the next, notably in the eyes of the law, has been a persistent challenge. Technology when seen from the lens of privacy in educational institutions poses a significant threat to the safety and security of all, the most vulnerable and exposed beingyoung girls, female teachers with the threat of stalking and voyeurism. Furthermore, it is a flagrant breach of students' and teachers' right to privacy and freedom of speech and expression. Notably, there are no regulations or legislation in place to control the installation of surveillance and data collection devices like CCTV or other monitoring/ data collection equipment in Educational Institutes for the purposes of safety, security and regulation. The authors would also examine the above in terms of the right to privacy, necessity and legality. The authors will attempt to showcase reality on the ground along with legal landmarks to satisfy the object and rationale beh...

Role of Finance Commission in Shaping Financial Structure of India: A Constitutional Perspective

Empirical Economics Letters, Jun 2022

Finances play an important role in federal-provincial relations. In any federal arrangement, the ... more Finances play an important role in federal-provincial relations. In any federal arrangement, the framers of the Constitution have a delicate and difficult task to maintain resource expenditure harmony at all levels of government. In reality, a perfect match between spending and resources is practically impossible to achieve, since expenditures and resources are asymmetric. Inconsistency can be seen in all federal systems, though to varying degrees. The Australian Commonwealth Grants Commission prompted the establishment of the Finance Commission. In India, however, the Finance Commission, which has a wide range of responsibilities, is not a permanent body; it meets only once every five years, and its duties are completed once the report is published. The President of India distributes and distributes the net revenues of taxes to be split between the Centre and the States, provides grants in aid to the States' revenue, and other items related to the Fiscal Federal system, on the recommendation of the Finance Commission. Each chamber of Parliament receives the Finance Commission's recommendations, along with an explanatory memorandum. In light of current financial conditions, the authors of this paper will look at the mismatch between resources and liabilities. The author of this article discusses constitutional provisions concerning Centre-State Financial Relations, with an emphasis on the Union's and States' expenditure responsibilities, resources assigned to the Union and States, and the role of the Finance Commission in Fiscal Federalism.

Existence of Separation of Power and Rule of Law in Democracy & Republican Form of Government in the Era of Transformative Constitutionalism

Elementary Education Online, 2021

The concept of constitutionalism calls for the limitation of state powers and powers established ... more The concept of constitutionalism calls for the limitation of state powers and powers established by the Constitution. Constitutionalism is the idea that governments can legally limit their powers and also limit their powers and their powers or justifications are subject to these restrictions. In our discussion of the concept of constitutionalism, we compare Thomas Hobbes and John Locke, that is, the concept of constitutional unrestricted sovereignty with the concept of limited sovereignty with considerable limitations. In this article the author will discuss the various aspects of constitutionalism while making Constitution of India, 1950. The author will also throw light upon the Doctrine of Separation of powers and rule of law in the context of constitutionalism. The author in this article will try to find out the roadways to transformative constitutionalism interrelating the above three concepts.

Implementation Menstrual Leave Policy In India: An Empirical Study

NVEO - NATURAL VOLATILES & ESSENTIAL OILS Journal | NVEO, Nov 7, 2021

Menstruation is a natural, normal biological process experienced by half of the humanity, yet it ... more Menstruation is a natural, normal biological process experienced by half of the humanity, yet it is not given its due importance due to unnecessary embarrassment, shame, illiteracy and poverty. Women experience menstrual discomfort and cramps on a regular basis. On the first day of their cycles, more than half of all female employees experience significant cramps and agony. The concept of first-day-of-period leave is crucial to this discussion. The paper contains details about &quot;The Menstruation Benefits Bill, 2017.&quot; A law requiring all organisations to provide Menstrual Leave or Period Leave could be a step in the right direction. The goal of the study is to learn about men&#39;s and women&#39;s attitudes around menstrual leave in the workplace and how they differ. The writers of this research report sought to learn what employees thought about such a leave. More than 340 respondents (women) from institutions in the organised sector in India&#39;s Jammu Territory completed a self-structured questionnaire. This study employs an analytical descriptive research design. This article also sheds information on several countries that provide unpaid menstruation leave or have procedures in place to compensate for it. The information associated with &#39;The Scope of Menstruation Leave Policy in India&#39; is contained in this paper.

Utility Model And Patent Law In India: A Critical Analysis

Turkish Online Journal of Qualitative Inquiry, Jul 22, 2021

Due to the rise of liberalization and globalization in the 1990s, the notion of intellectual prop... more Due to the rise of liberalization and globalization in the 1990s, the notion of intellectual property underwent a transformation. The Indian economy has substantially opened up and flourished in recent years. As a result, India’s importance in the global economy has grown dramatically, attracting significant international investment. In India, obtaining a patent takes a lot of time than usual. On the other side, utility models are granted easily and without any cumbersome procedure as such. The purpose of this paper is to critically analyze the patent law in India by comparing the utility models of other parts of the world. In this research paper, the researcher has put emphasis on the need and implementation of utility models in India for the benefit of a particular section of researchers and innovators.

Mental health laws in India: A critical analysis

International Journal of Health Sciences, 2022

Supportive legislation and policies are needed for human rights and mental health treatment for d... more Supportive legislation and policies are needed for human rights and mental health treatment for disadvantaged people. Internationally and regionally, both "hard" and "soft" legislation relating to mental health treatment have been drafted. In the field of mental health care in India, amendments to existing laws and the formation of new laws are frequently necessary and have been seen. So far, mental health care reform has primarily been reactive, but current legislation and policies provide the prospect of proactive change. One of the most serious issues in providing good mental health treatment in India is a shortage of qualified human resources. While postgraduate psychiatric standards prescribe a two-week forensic psychiatry course, this is insufficient to establish the essential competency. As a result, forensic psychiatry requires the development of a specialisation. In addition, forensic psychiatric services must be created, organised, and maintained. In India, one or more centres of expertise in forensic psychiatry are required.

Upholding Human Rights in the Digital Age Exploring the Interface between the UDHR and Social Media Regulation in India

Rights (UDHR) serves as the foundation for the worldwide safeguarding and advancement of human ri... more Rights (UDHR) serves as the foundation for the worldwide safeguarding and advancement of human rights. Given the prevalence of online platforms in today's social media era, the values of the Universal Declaration of Human Rights (UDHR) hold particular significance. This concise analysis explores the relationship between the Universal Declaration of Human Rights (UDHR) and social media in India, with a focus on the challenges of regulating online communication while safeguarding the right to freedom of expression. Social media has revolutionized communication, information sharing, and public conversation. Although there are beneficial aspects, the presence of misinformation, hate speech, and other negative content presernts significant Human Rights (UDHR) on regulatory efforts in India. It explores the challenge of safeguarding online speech while also mitigating its negative consequences.

Constructive Criticism of the State

The Indian Express, 2023

Constructive criticism of the state fosters transparency, accountability, and democratic progress... more Constructive criticism of the state fosters transparency, accountability, and democratic progress. By addressing governance gaps and inefficiencies, it encourages institutional reform and social justice. This article examines how responsible critique strengthens state functionality and resilience, highlighting its role in promoting better policy outcomes and enhancing the democratic dialogue between governments and citizens.

From Medicalism to Legalism Evolving Perspectives in Mental Health Legislation and the Protection of Individual Rights

International Journal of Science and Healthcare Research, 2024

Mental health legislation has evolved significantly, shifting from a medical framework to a more ... more Mental health legislation has evolved significantly, shifting from a medical framework to a more legal-centric approach. Initially, laws were grounded in medical models, treating individuals with mental disorders as patients requiring involuntary care. This often led to the marginalization of legal rights, with patients subjected to confinement and treatment based solely on medical authority. Over time, however, the need for legal safeguards to protect individual autonomy and dignity became more evident. The shift from medicalism to legalism reflects broader societal changes, including a growing emphasis on human rights, the de-stigmatization of mental illness, and the importance of personal autonomy. Modern mental health laws now aim to balance medical care with legal protections, ensuring individuals' rights to informed consent, non-discrimination, and due process. This paper examines the milestones in the development of mental health legislation, focusing on how legal frameworks have evolved to safeguard the rights of those with mental health conditions. It also explores the role of international conventions, national reforms, and judicial interventions in promoting a rights-based approach. Ultimately, this paper underscores the importance of legal protections in ensuring the dignity and equality of individuals with mental health issues in contemporary society.

Regulating Surrogacy in India: Legal Frameworks, Ethical Considerations and Lessons from Global Practices

As surrogacy practices continue to evolve, understanding the legal and ethical implications of su... more As surrogacy practices continue to evolve, understanding the legal and ethical implications of surrogacy contracts is increasingly critical. This paper explores the surrogacy regulatory framework in India, focusing on the Surrogacy (Regulation) Act, 2021, and examines the inherent challenges and ethical concerns. The Act marks a significant shift by banning commercial surrogacy and endorsing altruistic arrangements, yet substantial issues remain in the fair and effective implementation of surrogacy agreements. The analysis begins with a historical overview of surrogacy in India, distinguishing between traditional and gestational surrogacy, and tracing India's rise as a prominent surrogacy destination. It then critically evaluates the Surrogacy (Regulation) Act, 2021, detailing its provisions, such as the prohibition of commercial surrogacy and the framework for altruistic surrogacy. The paper assesses how the Act addresses earlier regulatory gaps and examines the enforceability of surrogacy contracts under the Indian Contract Act, 1872. Further, the study discusses the ethical and societal concerns related to surrogacy, including the risks of commodification, potential exploitation of surrogate mothers, and the impact on the legal status and rights of surrogate children. The paper concludes with recommendations for improving the regulatory framework. It suggests implementing stronger monitoring mechanisms, establishing clearer guidelines for contract enforceability, and introducing ethical safeguards to protect all parties involved. Insights from international practices offer potential amendments to the Surrogacy Act, aiming to enhance fairness and ensure robust protection within surrogacy arrangements.

Machine Learning Evaluation of Key Aspects of User Preferences and Usability of E-Commerce Websites

Leveraging Smart Contracts for Fair and Transparent Intellectual Property Transactions on Block Chain - Prithivi Raj

Kashmir Journal of Legal Studies, 2024

Intellectual Property (IP) transactions are crucial in today's economy, involving the exchange of... more Intellectual Property (IP) transactions are crucial in today's economy, involving the exchange of intangible assets like patents, copyrights, trademarks, and trade secrets. These essential resources drive advancement in several industries by fostering innovation and creativity. Conventional techniqu es for managing IP transactions are inefficient, slow, and lack transparency, resulting in disagreements and difficulties in enforcing agreements. This study examines how smart contracts on the blockchain can potentially improve IP transactions by enhancing efficiency, fairness, and transparency. Smart contracts, which are self-executing contracts with predetermined terms written in computer code, play a crucial role in this fundamental change. They automatically implement and uphold contracts upon meeting particular circumstances, leveraging blockchain technology, a decentralized and secure ledger. This decreases intermediaries and reduces errors, providing a solution to the time-consuming and unclear conventional transaction procedures that frequently lead to conflicts around intellectual property. Smart contracts offer numerous advantages in intellectual property deals. They streamline licensing, royalty payments, and contract enforcement to speed up the transaction lifecycle. Blockchain decentralization guarantees the security of intellectual property transactions by protecting them from unwanted alterations. Smart contracts also allow for transparent and automated royalty calculations, guaranteeing equitable payment for authors and intellectual property owners. Implementing smart contracts on the blockchain ensures transparency by offering all players equal access to accurate information. Transparency promotes trust and decreases the likelihood of legal action, leading to a more cooperative and effective setting for intellectual property contracts. Nevertheless, it is important to recognize the obstacles and factors involved in using smart contracts into intellectual property agreements. These factors consist of legal acknowledgment and enforcement across different areas, incorporation with current intellectual property systems and legal structures, and privacy issues with confidential intellectual property data. Smart contracts on the blockchain provide an innovative solution to the inefficiencies of traditional intellectual property agreements. This article aims to investigate how smart contracts, with blockchain technology, can transform intellectual property transactions. The main objective is to determine how these technology improvements can improve inefficiencies, boost security, guarantee fair pay, and increase transparency in IP transactions. This research intends to provide insights into the practical uses and benefits of integrating blockchain technology in the field of intellectual property by utilizing smart contracts. This paper offers an in-depth analysis of the effects and consequences of implementing smart contracts on the blockchain in the field of intellectual property transactions, utilizing theoretical debates, case studies, and practical examples.

The Business Judgment Rule in Practice: Evaluating Directors' Decision-Making and its Legal Framework in India

Company law protects directors from personal liability for decisions made within their authority ... more Company law protects directors from personal liability for decisions made within their authority under the Business Judgment Rule (BJR). India&#39;s 63rd spot in the 2021 Ease of Doing Business index shows how regulatory frameworks affect investment trends. This method relies on directors&#39; authority to take bold measures, which is shielded by the Business Judgment Rule (BJR) from court review. This option decreases the cost of hiring qualified directors and helps recruit highly experienced leaders. Despite its merits, the BJR raises questions and debates over its interpretation and execution. There are debates over whether it is a standard of review or non-review, its formalization, and if it should be a &#39;presumption in favor of directors&#39; or a&#39;safe harbor.&#39; The BJR is more of a &quot;standard of non-review&quot; than a &quot;standard of review.&quot; An study shows that Section 463 of the Indian Companies Act, 2013, which apparently formalizes the Business Judgment Rule (BJR), misrepresents it. In its deference to business decisions, the Indian judiciary does not explicitly follow the Business Judgment Rule (BJR). A formal Business Judgment Rule (BJR) code in India is not urgently needed. Instead, courts should utilize it as a &#39;presumption&#39; in favor of directors. This paper clarifies BJR uncertainties to develop a more rational and efficient application in Indian corporations. This paper aims to explain the Business Judgment Rule and its implementation in India. The text discusses the BJR&#39;s origins, logic, and limits. This paper explains the BJR and its deployment in India to improve directors&#39; decision-making and corporate governance.

Workers' Participation in Management Towards Empowerment and Organizational Success: Insights from South Asian Countries

Maharishi Journal of Law & Society, 2023

Workers' participation in management (WPM) is a hot topic in industrial relations, especially in ... more Workers' participation in management (WPM) is a hot topic in industrial relations, especially in South Asia. The historical, cultural, and socioeconomic elements that create WPM frameworks in South Asian nations are examined in this research to uncover common trends and different approaches to workers' engagement in decision-making. The abstract emphasizes how colonial legacies, labor struggles, and industrialization shaped participatory practices. Based on a wide range of scholarly sources, legal documents, and policy reports, the study describes the legal frameworks and institutional structures governing WPM in each nation, emphasizing trade unions, employer associations, and government bodies' roles in shaping participatory initiatives. The abstract also discusses South Asian WPM approaches, from consultation systems to collaborative decision-making bodies. Comparing these models shows how employee representation, decision-making authority, and effectiveness vary by environment. The abstract also examines how WPM methods are integrated into organizational cultures and management practices, affecting employee morale, productivity, and labor-management relations. The study also covers South Asian WPM implementation issues. Low union density, power inequalities, and employee and employer ignorance of participatory management's benefits are explored. The abstract also discusses cultural and social conventions that may affect WPM acceptance and success and ways to overcome them. This abstract synthesizes case studies and empirical data to demonstrate the potential benefits of WPM in South Asian countries.

The Business Judgment Rule in Practice: Evaluating Directors' Decision-Making and its Legal Framework in India

European Economic Letters, 2024

Company law protects directors from personal liability for decisions made within their authority ... more Company law protects directors from personal liability for decisions made within their authority under the Business Judgment Rule (BJR). India's 63rd spot in the 2021 Ease of Doing Business index shows how regulatory frameworks affect investment trends. This method relies on directors' authority to take bold measures, which is shielded by the Business Judgment Rule (BJR) from court review. This option decreases the cost of hiring qualified directors and helps recruit highly experienced leaders. Despite its merits, the BJR raises questions and debates over its interpretation and execution. There are debates over whether it is a standard of review or non-review, its formalization, and if it should be a 'presumption in favor of directors' or a'safe harbor.' The BJR is more of a "standard of non-review" than a "standard of review." An study shows that Section 463 of the Indian Companies Act, 2013, which apparently formalizes the Business Judgment Rule (BJR), misrepresents it. In its deference to business decisions, the Indian judiciary does not explicitly follow the Business Judgment Rule (BJR). A formal Business Judgment Rule (BJR) code in India is not urgently needed. Instead, courts should utilize it as a 'presumption' in favor of directors. This paper clarifies BJR uncertainties to develop a more rational and efficient application in Indian corporations. This paper aims to explain the Business Judgment Rule and its implementation in India. The text discusses the BJR's origins, logic, and limits. This paper explains the BJR and its deployment in India to improve directors' decision-making and corporate governance.

Fostering Intergenerational Equity and Ethical Responsibility in the Blue Economy

The concept of the Blue Economy has gained prominence in recent years as a pathway to achieving s... more The concept of the Blue Economy has gained prominence in recent years as a pathway to achieving sustainable development, especially in the context of coastal and marine environments. This abstract explores the interconnection between the Blue Economy and sustainable development, shedding light on its potential benefits and challenges. The Blue Economy encompasses a range of economic activities, including fisheries, aquaculture, shipping, tourism, and renewable energy, all of which depend on healthy oceans and seas. This paper discusses the importance of integrating environmental sustainability, social equity, and economic viability within the Blue Economy framework. It highlights the need for responsible management and conservation of marine resources to ensure long-term benefits for present and future generations. Additionally, the role of innovation and technology in optimizing the utilization of marine resources while minimizing environmental impacts is explored. The paper also addresses the significance of international cooperation and governance mechanisms in promoting the Blue Economy's sustainable development goals. It emphasizes the need for transboundary collaboration and policy coherence to address common challenges, such as overfishing, pollution, and climate change. The Blue Economy holds promise as a catalyst for sustainable development, fostering economic growth while safeguarding the ecological integrity of marine ecosystems. However, achieving this vision requires a holistic and integrated approach, encompassing ecological, social, and economic dimensions, and a commitment to responsible stewardship of the world's oceans and seas.

The Upheaval Of Family Economy Without Contribution Of Women: A Critical Study

by Prithivi Raj, Dr. Palanivel R V, Sanjay Dey, and Priyanka Dahiya

Journal of Namibian Studies, 2023

Many women in poor countries now have the opportunity for stable, moderately successful employmen... more Many women in poor countries now have the opportunity for stable, moderately successful employment for the first time thanks to economic globalisation, which may impact their power to negotiate inside their own households and the choices they make for the children. The current research makes advantage of a novel context, a group of women are working in perpetualsalary employment as well as whose earnings do not differ by family background, to predict the likely effect of globalisation on flexibilitydiagonallycommunal strata. The article's main conclusion is that an increase in the relative female paydeteriorates the relativesbonds to the inherited group and the old-style economic system, but only for certain historically disadvantaged castes. Women from these castes are more likely to advocate for change for a variety of reasons, which are detailed in the paper. However, the analysis's overarching conclusion is that women's social status profoundly affects both their motivations and their ability to use money they earn to exert influence within the home. Second, since they have less financial stakes in the existing quo, disadvantaged groups may be more receptive to novel opportunities.

Navigating the Procedural Landscape of Immigration Law: Investigative Processes and Trials

Samdarshi, 2023

Although individuals may have moved into Indian territory without possessing a passport or visa, ... more Although individuals may have moved into Indian territory without possessing a passport or visa, there are situations where they might still be considered Indian citizens due to their prolonged residence. However, when a foreigner is identified as residing illegally within Indian territory, it is imperative that they are treated with the utmost respect and dignity until their repatriation to their home country is facilitated. There are various factors that compel people from neighboring countries to enter India, including political, economic, or inimical reasons. At times, individuals from these regions, driven by cultural and ethnic similarities, manage to blend into Indian society, often going unnoticed. Some of these migrants willingly attempt to establish themselves in our country. While these illegal migrants may not always pose an immediate threat, there are instances where their presence can compromise national security and encroach upon the rights of Indian citizens. In this context, the author undertakes a critical analysis of how foreign nationals classified as illegal immigrants should be treated until their deportation to their country of origin or until appropriate government decisions regarding their citizenship are made. This paper delves into the procedures that must be adhered to by concerned authorities and courts when dealing with offenses allegedly committed by illegal immigrants. The focus extends beyond violations of the Foreigners Act, 1946, to include offenses under any other prevailing laws within the country. The objective is to ensure a comprehensive understanding of the legal and procedural framework surrounding the treatment of such individuals in India.

Legality And Enforceability of Surrogacy Contracts: Challenges to Face

Journal of Survey in Fisheries Sciences, 2023

Surrogacy is a procedure in which intended parents enlist the assistance of a surrogate woman to ... more Surrogacy is a procedure in which intended parents enlist the assistance of a surrogate woman to conceive a child in exchange for the surrogate woman agreeing to carry the child to term, relinquish her parental rights to the child after birth, and pass the child over to the intended parents. A surrogacy agreement between an intended parent or parents and the surrogate mother requires both parties to be aware of their respective rights and responsibilities. The surrogacy contract typically outlines the rights and responsibilities of the surrogate mothers and intended parents, as well as clauses pertaining to the child's welfare, such as custody, parentage, and so on. The legitimacy and enforceability of such a surrogacy contract, however, is questionable because every surrogacy contract raises a number of legal and human rights issues, such as whether the contract is a form of prostitution, slavery, or commodification of motherhood. Commercial surrogacy is frequently criticised as a form of baby selling that promotes positive eugenics. Surrogacy contracts may raise questions about the appropriate remedies in the event of a breach. Different approaches to the validity and enforceability of surrogacy contracts have emerged as a result of this diversity. The authors discuss the legality of surrogacy contracts and how they can be enforced in accordance with Human Dignity.

Analysis of legal measures to control and prevent cyber crimes

International Journal of Multidisciplinary Research and Development, 2021

The internet, like life, is a blend of good and bad. Cyberspace, with all of its benefits, still ... more The internet, like life, is a blend of good and bad. Cyberspace, with all of its benefits, still has a dark side. Trespassing into a computer system to cause sabotage of the systems and records, as well as theft of the stored data, are common criminal activities associated with this crime. These crimes know no bounds and have an effect on countries all over the world. These crimes are described as unlawful, unauthorised human behaviour involving the automatic processing and transmission of data through computer systems and networks. It is the most difficult task for the police, judges, and legislators. Various legal measures exist in our legal system to regulate and deter cybercrime. The author of this article will discuss every element of the legislative mechanisms in place to regulate and deter cybercrime.

Entity Of Privacy In The Era Of Technology

The shifting sense of privacy from one social background to the next, notably in the eyes of the ... more The shifting sense of privacy from one social background to the next, notably in the eyes of the law, has been a persistent challenge. Technology when seen from the lens of privacy in educational institutions poses a significant threat to the safety and security of all, the most vulnerable and exposed beingyoung girls, female teachers with the threat of stalking and voyeurism. Furthermore, it is a flagrant breach of students' and teachers' right to privacy and freedom of speech and expression. Notably, there are no regulations or legislation in place to control the installation of surveillance and data collection devices like CCTV or other monitoring/ data collection equipment in Educational Institutes for the purposes of safety, security and regulation. The authors would also examine the above in terms of the right to privacy, necessity and legality. The authors will attempt to showcase reality on the ground along with legal landmarks to satisfy the object and rationale beh...

Role of Finance Commission in Shaping Financial Structure of India: A Constitutional Perspective

Empirical Economics Letters, Jun 2022

Finances play an important role in federal-provincial relations. In any federal arrangement, the ... more Finances play an important role in federal-provincial relations. In any federal arrangement, the framers of the Constitution have a delicate and difficult task to maintain resource expenditure harmony at all levels of government. In reality, a perfect match between spending and resources is practically impossible to achieve, since expenditures and resources are asymmetric. Inconsistency can be seen in all federal systems, though to varying degrees. The Australian Commonwealth Grants Commission prompted the establishment of the Finance Commission. In India, however, the Finance Commission, which has a wide range of responsibilities, is not a permanent body; it meets only once every five years, and its duties are completed once the report is published. The President of India distributes and distributes the net revenues of taxes to be split between the Centre and the States, provides grants in aid to the States' revenue, and other items related to the Fiscal Federal system, on the recommendation of the Finance Commission. Each chamber of Parliament receives the Finance Commission's recommendations, along with an explanatory memorandum. In light of current financial conditions, the authors of this paper will look at the mismatch between resources and liabilities. The author of this article discusses constitutional provisions concerning Centre-State Financial Relations, with an emphasis on the Union's and States' expenditure responsibilities, resources assigned to the Union and States, and the role of the Finance Commission in Fiscal Federalism.

Existence of Separation of Power and Rule of Law in Democracy & Republican Form of Government in the Era of Transformative Constitutionalism

Elementary Education Online, 2021

The concept of constitutionalism calls for the limitation of state powers and powers established ... more The concept of constitutionalism calls for the limitation of state powers and powers established by the Constitution. Constitutionalism is the idea that governments can legally limit their powers and also limit their powers and their powers or justifications are subject to these restrictions. In our discussion of the concept of constitutionalism, we compare Thomas Hobbes and John Locke, that is, the concept of constitutional unrestricted sovereignty with the concept of limited sovereignty with considerable limitations. In this article the author will discuss the various aspects of constitutionalism while making Constitution of India, 1950. The author will also throw light upon the Doctrine of Separation of powers and rule of law in the context of constitutionalism. The author in this article will try to find out the roadways to transformative constitutionalism interrelating the above three concepts.

Implementation Menstrual Leave Policy In India: An Empirical Study

NVEO - NATURAL VOLATILES & ESSENTIAL OILS Journal | NVEO, Nov 7, 2021

Menstruation is a natural, normal biological process experienced by half of the humanity, yet it ... more Menstruation is a natural, normal biological process experienced by half of the humanity, yet it is not given its due importance due to unnecessary embarrassment, shame, illiteracy and poverty. Women experience menstrual discomfort and cramps on a regular basis. On the first day of their cycles, more than half of all female employees experience significant cramps and agony. The concept of first-day-of-period leave is crucial to this discussion. The paper contains details about &quot;The Menstruation Benefits Bill, 2017.&quot; A law requiring all organisations to provide Menstrual Leave or Period Leave could be a step in the right direction. The goal of the study is to learn about men&#39;s and women&#39;s attitudes around menstrual leave in the workplace and how they differ. The writers of this research report sought to learn what employees thought about such a leave. More than 340 respondents (women) from institutions in the organised sector in India&#39;s Jammu Territory completed a self-structured questionnaire. This study employs an analytical descriptive research design. This article also sheds information on several countries that provide unpaid menstruation leave or have procedures in place to compensate for it. The information associated with &#39;The Scope of Menstruation Leave Policy in India&#39; is contained in this paper.

Utility Model And Patent Law In India: A Critical Analysis

Turkish Online Journal of Qualitative Inquiry, Jul 22, 2021

Due to the rise of liberalization and globalization in the 1990s, the notion of intellectual prop... more Due to the rise of liberalization and globalization in the 1990s, the notion of intellectual property underwent a transformation. The Indian economy has substantially opened up and flourished in recent years. As a result, India’s importance in the global economy has grown dramatically, attracting significant international investment. In India, obtaining a patent takes a lot of time than usual. On the other side, utility models are granted easily and without any cumbersome procedure as such. The purpose of this paper is to critically analyze the patent law in India by comparing the utility models of other parts of the world. In this research paper, the researcher has put emphasis on the need and implementation of utility models in India for the benefit of a particular section of researchers and innovators.

Mental health laws in India: A critical analysis

International Journal of Health Sciences, 2022

Supportive legislation and policies are needed for human rights and mental health treatment for d... more Supportive legislation and policies are needed for human rights and mental health treatment for disadvantaged people. Internationally and regionally, both "hard" and "soft" legislation relating to mental health treatment have been drafted. In the field of mental health care in India, amendments to existing laws and the formation of new laws are frequently necessary and have been seen. So far, mental health care reform has primarily been reactive, but current legislation and policies provide the prospect of proactive change. One of the most serious issues in providing good mental health treatment in India is a shortage of qualified human resources. While postgraduate psychiatric standards prescribe a two-week forensic psychiatry course, this is insufficient to establish the essential competency. As a result, forensic psychiatry requires the development of a specialisation. In addition, forensic psychiatric services must be created, organised, and maintained. In India, one or more centres of expertise in forensic psychiatry are required.