Legal Person

STATUS OF MID-DAY MEAL SCHEME IN BIHAR Purnima Singh, Law student at The ICFAI University, Dehradun Sweety Kumari, Law student at The ICFAI University, Dehradun Download Manuscript ABSTRACT The PM Poshan Programme was introduced by the Government of India in the year 1995 with the objective to provide cooked mid-day meal to school going children and improve their nutritional level. This scheme was introduced in the state of Bihar in the same year. But it seems that the aim of this programme is far to achieve in the state. In this article we will analyse why this scheme has not become a success in Bihar and how this is prejudicially affecting the nutritional status of the children. The article further articulate that what rights were promised to the school going children through this scheme and how these promises remain unfulfilled. Further we will also look whether this scheme stood the test of time during the Covid 19 pandemic.

ROLE OF INDEPENDENT DIRECTORS IN MAINTAINING CORPORATE GOVERNANCE – CRITICAL EVALUATION Abhinav Singh, Law Student at Amity Law School, Lucknow Download Manuscript ABSTRACT Recent scandals have damaged India’s business image among international investors, despite the independent director’s role in promoting corporate governance. Satyam and Enron instances have stressed the necessity for independent directors. Clause 49 of the SEBI listing agreement, Birla report, CII suggestion, Narayan Murthy Committee, and J.J. Irani Committee reports didn’t help. Tata and other examples illustrate that the independent director is operating in a promoter’s line and has failed to prevent undue enrichment by management and promoters. This article found a disconnect between IDs’ actual function and their intended purpose. Independent directors should vote and participate in corporate matters impartially since they have no stake in the firm. The Independent director may be removed by a majority shareholder vote. Independent directors may oppose one-sided initiatives to defend minority shareholders’ interests. In Corporate Governance, Independent Directors are crucial to defending minority shareholders’ interests. This article examines the Indian corporate governance instrument of the independent director. Due to the independent director’s independence from management, this analysis is significant.

IMMORAL TRAFFICKING OF WOMEN AND CHILDREN IN INDIA Saniya Mishra, Law Student at Svkm’s Narsee Monjee Institutue of Management Studies, School of Law, Indore Shivansh Mishra, Law Student at Renaissance Law College, Indore Download Manuscript ABSTRACT Human trafficking of women and children is one of the most heinous crimes against humanity. However, estimating the scope of the problem is difficult because trafficking is linked to child labor, bonded labor, child marriage, kidnapping and abduction, and prostitution, even though these issues can exist independently of trafficking. Human trafficking of women and children is one of the most heinous crimes against humanity. Women’s trafficking is one of the most heinous forms of human rights violations, and it has been identified as one of the most serious issues in the current situation. Human trafficking is not a new or unique issue in India, as history has shown. It’s frequently compared to prostitution. One of the main reasons for the prevalence of immoral trafficking in India is poverty. Poor families are often forced to send their children to work, and traffickers prey on these vulnerable children. In addition, gender inequality is also a significant factor, with girls and women being more likely to be targeted for trafficking than boys and men. However, estimating the scope of the problem is difficult because trafficking is linked to child labor, bonded labor, child marriage, kidnapping and abduction, and prostitution, even though these issues can exist independently of trafficking. The Immoral Traffic Prevention Act does not adequately protect children from commercial and sexual exploitation. After drugs and arms smuggling, it is the third most profitable category of organized crime in terms of profit.

ANALYSING THE IMPACT OF TRIBUNALISATION IN CONTEMPORARY ERA w.r.t NTT AND NCLT CASE Namrata Ahuja, Law Student at Svkm’s Narsee Monjee Institutue of Management Studies, School of Law, Indore Download Manuscript ABSTRACT The disruption of the administration of justice is one of the greatest obstacles to the establishment of tribunals. Owing to the pendency of litigation in various courts, domestic tribunals, and other tribunals, particular laws have been enacted to address the resulting issue. The 42nd Constitutional Amendment bought changes in the constitution and added two articles i.e., 323A and 323B, which stated about the administrative tribunals to be established. From a legal standpoint, a tribunal is distinct from a national tribunal. The term ‘domestic tribunal’ refers to administrative entities meant to regulate professional conduct and inflict discipline on members via the exercise of investigative and judicial authority. Tribunals, on the other hand, are quasi-judicial organisations established to decide disputes pertaining to defined issues exercising authority according to the legislation that creates them. Yet, while expressing concerns over the massive backlog of appeals against rulings by various tribunals in the nation, the Supreme Court had requested that the Law Commission investigate if Tribunalization impeded the proper operation of the supreme court. This paper includes the constitutional validity of the tribunals and the brief about the two landmark cases i.e., NCLT & NCLAT and NTT for the validity of the tribunals to be formed for the jurisdiction of the company law cases. There are also drawbacks to the tribunals as they lack of independency of judiciary. This paper lastly concludes that as to ensure the integrity of the scheme of forming of Tribunalization, the Supreme Court must also be vigilant in accepting the appeals from the tribunals.

MEDIA TRIAL AND RIGHT TO FREEDOM OF SPEECH AND EXPRESSION: AN ANALYSIS Shivani Kharai, Law Student at National Law School of India University Download Manuscript ABSTRACT This area of Research topic deals with the analysis of Media Trial in regard to the freedom of speech and expression under Indian Constitution. The topic shall focus on dealing with constitutionality of media trial in India. The paper also covers freedom of press and the fair trial. The topics like historical background, Interpretation of Article 19(1) (a), Impact of Media trial and cases study are being covered under the topic. This paper focuses on analysing the impact by the trial by media and how it takes the route of article 19(1) (a) to continue with the inappropriate intervention with the governance of justice. The case laws are also mentioned for better understanding. So, the paper seeks to show the currently scenario regarding the same limited to India.

CASE ANALYSIS ON M.C. VERGHESE V. T.C. POONAN AND ANR., AIR 1970 SC 1876 Harshita Tholiya, Law Students at University Five Year Law College, Jaipur Rupali Chauhan, Law Students at University Five Year Law College, Jaipur Download Manuscript ABSTRACT In the instant case the respondent-husband had written three letters to his wife which were read by the Appellant. The Appellant then instituted a criminal case against the respondent alleging that the letters contained defamatory remarks against the Appellant himself. The Respondent defended the case by asserting that the letters are inadmissible as evidence in the Court of law by the virtue of Section 122 of the Indian Evidence Act, 1872 for it being a communication between husband and wife. Initially, the District Magistrate discharged the respondent-husband. On revision, the Court of Sessions set aside the order of District Magistrate. On appeal to High Court, the order of District Magistrate was restored. Thereafter, the Appellant approached the Supreme Court under Article 134 of the Indian Constitution. The Apex Court observed that in Indian Law husband and wife are treated as separate entities and no exception of English common law would per se apply on the Indian penal provisions. It was thus held by the Court that the letters sent by husband to his wife did not amount to “publication” and thus do not prima facie attract criminal liability under Section 499 of the Indian Penal Code, 1860. Also, it was held that the letters are not admissible as evidence by the virtue of Section 122 of the Indian Evidence Act, 1872 for it being a marital communication while observing that any other proof may be given than those barred under Section 122 for proving the constitution of offence. It thus ordered the inception of trials before the District Magistrate as per the Indian Law.

EXPANDING SCOPE OF MERCHANTABLE QUALITY Krati Rathi, Third-year B.A.L.L.B. Student at Aligarh Muslim University Download Manuscript ABSTRACT In the times of information asymmetry and the growing disparity between the knowledge of a said product obtained by a consumer for its maximum utilisation from the supplier or the manufacturer/producer becomes crucial. There are several laws arounds the globe protecting the interest of innocent customers, such as, we have the newly amended Consumer Protection Act of 2019 in India. The goods to match their descriptive quality (merchantable quality) or fitness becomes paramount. But can the seller be held liable if the goods were already examined before purchasing? Can the sale be repudiated if only a part of goods are defected? Does durability and reasonable value come under the ambit of merchantable quality? This article answers all these questions by analysing and comparing the status of provisions provided under the Indian and English Laws on Sale of Goods, which keep a check on the seller’s duty and responsibility to supply goods of the satisfactory quality. The article also encompasses the stages of development of the English law over a period of time and how the Indian Sale of Goods Act of 1930 is falling short of it. Some reforms/suggestions proposed by the Law Commission, mentioned in the article, have yet to be acted upon by the legislature in making the law on merchantable quality more inclusive and contemporary.

DISASTER MANAGEMENT ACT, 2005 & EPIDEMIC DISEASES ACT, 1897: LOOKING AT THE PANDEMIC THROUGH A DISABILITY INCLUSION LENS Tiyasha Neogi, Law Student, 4th Year, BALLB at Lloyd Law College, Greater Noida, Uttar Pradesh Download Manuscript ABSTRACT The pandemic has redefined the current world order and the functioning of society in a variety of ways. The rippling effects of the pandemic has been felt by the world at large and has impacted the global population in a myriad of ways. However, its effect on the disabled community has further marginalized an already vulnerable community. It is important to analyse the laws set in place for the pandemic on inclusion of the disabled community.  The Disaster Management Act came into existence in 2005 and was the first legislation to give a uniform frame for responding to disasters. While the Act in Section 12(ii) speaks about special provisions during disasters for widows and orphans, it is silent on inclusivity and special provisions for Persons with Disabilities. While the Disaster Management Act does not specify inclusivity in terms of PWDs, it can be read in tandem with The Rights of Persons with Disability Act which promises inclusivity and provides equal protection and safety in terms of disasters. The Epidemic Diseases Act which came into existence in 1897 as a response to Bombay’s bubonic plague in the Pre-Independence Era, however, has no clause for special provisions for PWDs. Covid-19 has shown the glaring difference between legislations and their execution, especially when it comes to PWDs. When it comes to implementation, there is a lack of inclusivity in the safety and preventive measures taken. Equity and inclusivity in legislations and public policies can only be achieved if PWDs are invited to form part of the decision-making process and are not merely recipients of the policies and legislations.

DEMYSTIFYING THE IDEA OF INTANGIBLE CULTURAL HERITAGE THROUGH THE LENS OF HUMAN RIGHTS Danish Chandra, Law Student, Vivekananda Institute of Professional Studies Download Manuscript ABSTRACT The relationship between human rights and cultural heritage law is critical, but it has received insufficient attention in the literature, particularly among human rights experts. Cultural heritage has several elements and characteristics that have strong human rights dimensions (both positive and negative), including its role in cultural identity formation and affirmation, its relationship to the thorny notion of cultural diversity, the problem of cultural traditions or practices that flout human rights standards, and the potential of heritage to exclude and serve as the vehicle for expressing social and political tensions. The paper sketches out a trend to broaden the understanding of certain basic aspects of human rights, as well as some theoretical issues that cultural heritage raises, such as relativist perspectives and claims for collective rights. Cultural rights, while vital, are not the only human rights that apply to cultural heritage protection, and an attempt is made to assess the substance and effectiveness of existing intangible cultural heritage instruments in light of other relevant human rights. Although recent cultural heritage legislation has responded more to human rights demands, the soft law nature of the legislation and the strong reservation of State sovereignty are limiting factors; thus, at stake is the question, if human rights are well understood and applied, can they have a direct impact on intangible cultural heritage protection and who should control stewardship and the benefits of intangible cultural heritage.

EMANCIPATING LEGAL PERSONHOOD OF ARTIFICIALLY INTELLIGENT MACHINES Kanishka Naruka, Law Student, University Five Year Law College, University of Rajasthan, Jaipur Harsh Singh, Law Student, Amity Law School, Lucknow, India Download Manuscript ABSTRACT The twenty-first century is coined to be the century of technology. Gradual as well as rapid advancement in technology has given birth to several new concepts. Of all these innovations artificial intelligence is the most remarkable one. AI is a machine with the exceptional computational ability which is designed to give desired outputs using human cognitive skills in such a manner that the outputs are not distinct from a human’s output. Artificial intelligence has become more powerful than ever in recent years. It was progressively added to existing technologies, but it quickly gained traction, allowing for the creation of new gadgets as well as new applications and capabilities for current ones. The primary purpose of AI has been to organize and process the accumulated unstructured data to recognize patterns and draw meaningful conclusions, which has become increasingly important owing to the proliferation of data. Technological advancement is one of the pushing factors in the development of legislation. Secondly, the task of identifying the personality of AI machines is very challenging. When we acclaim legal entities the company suffers a monetary loss generally, but when it comes to intelligent machines, they can cause harm which may be fatal at times. Also, artificial intelligence regulation has the potential to cause infiltration into the privacy regime; it is imperative to have control over the accuracy and extent of data fed up in machines as it has been reported several times that some of the surveillance machines have penetrated the personal life of individuals. Finding the responsible party is thus extremely arduous since businesses would be more than delighted to direct all allegations to the machine and go unpunished. However, in law, only a legal person can be attributed with criminal liability, and therefore, for attributing criminal liability to artificial intelligence technology, it is crucial to assess its standing as a legal person. This research endeavor aims at assessing the legal personhood of Artificial Intelligent Machines.