Browsing by Type "Thesis"

The research is undertaken on the concept of privacy as a right that safeguards the personal or intimate facets of an individual and a comparative analysis of Right to Privacy in India, USA and UK. The outlook of the study is a critical analysis on the concept of privacy as a fundamental right and yet not having a separate identity neither through a legislative enactment nor as an exclusive part of the Constitution. This situation being common to India and most of the developed nations including USA and UK. The reason for the lack of boost to this concept could be the inefficiency of the parliamentarians including the lack of importance accorded to it by the general public. Even though in the modern-day advancement in technology has been more intrusive into the personal space of the individuals that ever, privacy is only highlighted through judicial decisions and no attempt has been made to provide for a comprehensive legislation pertaining to the Right to Privacy. In India, no doubt the Privacy Bill 2014 has been passed, yet the Bill mostly deals with matters relating to Data Privacy even though there are many areas where privacy needs to be protected. Similar are the positions in USA and UK. However, in USA and UK the concept is much developed as compared to India. Privacy as an idea may seem very limited and narrow, but when it comes to practicality the concept is much wider and calls for extensive research as to the extent it could be granted to the individuals. Like any other fundamental rights enshrined in the Indian Constitution, Privacy also needs to be reasonably restricted. Striking a balance between the interest of the people and the State concerns is a herculean task that can only be brought through extensive analysis of the idea of privacy, preferably on a case-to-case basis. This could only be possible when Privacy is taken as an exclusive part of academic study.

Criminal Liability is what unlocks the logical structure of Criminal Law. Each element of a crime that the prosecutor needs to prove beyond a reasonable doubt is a principle of criminal liability. There are some crimes that only involve a subset of all the principles of liability, and these are called crimes of criminal conduct.The question of imposing criminal liability to a corporation for criminal offences committed by directors, managers, officers, and other employees of the corporation while conducting corporate affairs has gained a lot of importance in the jurisprudence of criminal law. The very basis for the possibility of imposing criminal liability to a corporation is its independent legal personality. In the present scenario, it has been observed that the criminal cases in the corporate sector have increased. Occurring of the crimes in the corporate sector without a proper backbone of legislation had been a tough situation as the judges borrowed the laws form various sectors other than the Companies Amendment Act, 2013.Thus, the said crimes have spread their hands everywhere, which also effected the lives of the human beings as well. Thus, the corporates have been the sector which has still not been looked upon in the matters of the criminal cases in their parent act. The corporates have not stopped their journey in committing the crimes as there has been no specified platform under the Companies Amendment Act,2013. As the corporates only aim at the economic gain achieved by disregarding the duty towards society. As the corporation's nature is of non-human entities, the criminal kind of behavior, is difficult to assign to the corporations, along with the application of the principles provided regarding this. To bring the criminal Acts of corporations into the eyes of the laws, a variety of laws are needed. Several attempts were made by the legislatures to impose laws regarding corporate criminal liability. The common law countries i.e., Canada, England, and the United States of America were few of them. In the process of making the laws, these countries have witnessed a large contribution as well as playing a key role in the economy. The company's criminal liabilities were not recognized by the previous laws until the recent amendment. As per the Companies Act,2020 has been a platform where the criminal liability was recognized. But the recognition was in a negative way. The new Companies Act,2020 (hereinafter ‘Act,2020’) has removed criminal liability from the corporates. The corporates like the small set up and the One Person Companies. It has been noticed that the legislatures have been in the intention to remove the liabilities burden from the corporates. The corporates have again been relieved of any such liabilities which are of criminal form. The companies have been committing wrongs for ages and have finally made it to make themselves free from any such liabilities. The very fact the corporates are not capable of committing any crimes.

A document with absolute legal authority is the constitution. It is an ultimate document of society; it lays down the fundamental principles as well as the norms of governance for theIndian society; it lays out the ambitions and aspirations of the people of India; and it lays down the rules of governance. It is possible to relate it to Kelson's 'grundnorm' or to Hart's 'rules of recognition,' and as such, it is the ultimate criteria for determining the legality of any other lawor executive action in Indian society, as well as an individual's activity. Constitutionalism refers to the belief that a society can be organised according to a certain set of principles, and that theConstitution can be used to regulate society and direct it toward its larger purpose. The Constitution has been called a "mirror" of society, and constitutionalists hold the belief that theConstitution can do all of these things. According to what the Supreme Court of India decidedin the case N. Nagaraj v. UOI (2006 SC), constitutionalism is connected to constitutional identity. Constitutionalism is also about ensuring that the constitutional identity continues to exist in the future, as the supreme constitutional identity is what makes constitutionalism so important. Checks and balances on the power of the state are a central tenet of constitutional theory, as is the concept of constitutionalists adhering to the doctrine of directed authority. Thegoal of giving the state more authority so that it can effect social change is central to the IndianConstitutionalist ideology. There is an unmistakable emphasis that we find in the constitution of our commitment to a transformation of relations, the relations between individual and State as well as between individual themselves. The constitution is transformative, and there is an unmistakable emphasis that we find in the constitution of our commitment to a transformation of relations. This revolutionary view of our constitution sheds light on how it should be interpreted and howit is implemented.The political ideology known as transformational constitutionalism has been around for quite some time. The constitutional model of South Africa is where these ideals originated, and they may be traced back to their roots there. In point of fact, the concept that lies at the heart of this ideal of transformative constitutionalism is difficult, if not impossible, to attribute to orassociate with the constitutional document of any one nation. It tries to make use of constitutional protections as well as the constitutional machinery in order to alter the society it rules into one that is more progressive – that is, to make it more inclusive in every respect andmore egalitarian in its attitude. This is sought to be accomplished in a significant part through the pursuit of what academics refer to as "substantive equality." This pursuit, which practically manifests itself through the enforcement of socio-economic rights – particularly those protecting the interests of minorities – as well as through affirmative action measures, is one of the primary means by which this objective is sought to be accomplished. The South African legal system has traditionally been characterised by a strong emphasis on transformative constitutionalism. An infusion of the ideals of liberty, equality, fraternity, and dignity into the existing social order is what is meant by the term transformative constitutionalism. This objective, which is a core pillar of transformative constitutionalism, isthe essential purpose of the constitution, which is to alter the society for the better, i.e., to makeit progressive and inclusive. Essentially, if there is a conspiracy between societal ills and the constitution, then society needs to be reformed in order to prevent further harm (change). It denotes that morality based on the Constitution takes precedence over morality based on society. The Constitution will continue to adjust itself in accordance with the changes that takeplace in society; nonetheless, the core of the Constitution will never be altered, although it maydevelop over the course of time. There are fundamental tenets of the Constitution that exemplify the revolutionary aspirations of the document, such as secularism, liberty, gender justice, and so on. Right to Privacy as a Fundamental Right (Justice K.S. Puttaswamy (ret.) and Anr. v. UOI 2017SC), entry into Sabarimala Temple by female (Indian Young Lawyers Association v. The State of Kerala and ORS., 2018 SC), stuck down the adultery as an offence (Joseph Shine and ORS. v. UOI 2018SC), Right to life with dignity, freedom to choose The Supreme Court is not required to abide by the letter of the Constitution; rather, it is required to abide bythe spirit of the document. UOI v. Secretary, Ministry of Law and Justice (decided on 06.09.2018), the Supreme Court of India recently reintroduced the concept of transformative constitutionalism to Indian law by decriminalising section 377 of the Indian Penal Code (IPC). When looking at the concept of "transformative constitutionalism," it is helpful to adopt a pragmatic perspective, asthis will assist in the process of identifying the realities that exist in the present day. The concept of transformation in its singular form is diametrically opposed to that of anything that is fixed and unmoving; rather, it connotes the capacity for change, modification, and metamorphosis. Therefore, the concept of transformative constitutionalism, which is actually applicable to all constitutions and particularly applicable to the Indian Constitution, refers to the capacity of a constitution to adapt and transform in accordance with the shifting requirements of the time. Inparticular, this refers to the Indian Constitution.Without interpretation that is fresh, alive, and grounded in reality, the Constitution risks becoming a static and irrelevant deed testament. It is necessary for the provisions of the Constitution to be interpreted and developed in such a way that its true intent and existence aremade known to all aspects of society. This is the fundamental purpose for the creation of the constitution. Realizing fundamental socio-economic rights is the most important goal oftransformation because it will help disadvantaged people become more capable of living a lifewith dignity, freedom, and equality, all of which are at the core of our constitutional democracy.This will be accomplished by ensuring that fundamental socio-economic rights are protected. In accordance with the transformative constitutionalism premise, it is the responsibility of thestate to protect and defend the constitution's position as the highest legal authority. The purpose of this thesis is to provide a comprehensive analysis of the development of the idea of transformative constitutionalism over the course of history. In addition, the purpose of this research is not simply to gain a general comprehension of transformative constitutionalism and the roles it would establish for the Legislative as well as the Judicial branches of government if it were truly inculcated in the Indian Constitution. Instead, the purpose of this research is to conduct a detailed investigation into how this ideal is being utilised right now, as well as how it might be utilised in the future.

The responsibilities cast upon the department of Customs is in a way unique, inasmuch as they are entrusted with an arduous task of maintaining a proper balance between facilitation of trade and industry in connection with international business transactions, ensuring economic sovereignty, protecting the national security of India and the interests of its citizens. The Customs acts as a frontline agency for various laws that are concerned with public safety, environmental protection and trade, in addition to taxation and national security. However, the Customs is often found to undermine the importance of the national security, in the overzealousness to enhance trade facilitation, especially, in the post liberalization era. The instant research is taken up to evaluate the effectiveness of Customs Act towards protecting the national security in India, to analyze whether the Customs Act provides for adequate punishments for serious offences such as smuggling of FICN, Arms and Ammunition, Explosives etc. and to suggest the amendments in the prevalent Customs Act to ensure adequate measures in respect of national security. The methodology consists of both doctrinal as well as empirical approaches. On the empirical front, primary data was collected through stratified random sampling method, by dividing the targets into three different clusters. The term Customs, associated with the revenue collected by the Governments on the international trade, has always been seen as a barrier for the trade. Further, the two World Wars that happened in the same century devastated the international trade. Therefore, immediately after World War – II, 23 countries across the globe pondered upon the ways and means to boost the economic recovery, and as a result, the General Agreement on Tariffs Trade (GATT) was formed, with the main goal of reducing all the barriers that hinders the growth of the trade, the first being Customs duty on the goods. The various rounds of GATT meetings from 1947 to 1994 resulted in various countries across the globe signing up the agreement and substantial reduction in Customs duties on various goods in the international trade. It was also decided to have a permanent body to take care of the interests of the international trade and in the beginning of January, 1995, the World Trade Organization was born. The concept of ‘trade facilitation’ coined by the World Trade Organization gained importance in the Customs circles in the post liberalization era. While the Customs definitely play an important role in the growth of international business, the aspect of national security is something that cannot be ignored. In order to accomplish an ideal balance between trade facilitation and enforcement, Customs administrations across the globe have been abandoning their traditional and routine checks and are now applying the principles of risk management, with varying degrees of sophistication and success. While the GATT started its discussions on reducing the barriers from 1947 onwards, in the year 1953, 17 countries constituted a study group called Customs Cooperation Council (CCC) in order to examine the issues related to Customs. In the year 1994, the CCC adopted a new name World Customs Organisation (WCO), whose members consisted of representatives of Customs administrations of member countries. The WCO concentrated on improving Customs modalities involved in the trade, and functioned in sync with the WTO. The WCO initiated streamlining the Customs procedures across the world with regard to valuation of goods, percentage of checking of goods, dwell time etc. The various declarations of WCO addressed different issues such as system of classification of goods, illicit trafficking of drugs, Electronic Data Interchange (EDI), transnational organized crime, integrity of the Customs officers, risk management etc. However, post 9/11, the Customs world over have started an introspection and various Customs administrations across the world as well as the World Customs Organisation have acknowledged the role of Customs in protecting national security and the importance of being first line of defence. Major countries such as United States of America etc. have totally revamped their Customs administration, according adequate importance to national security. The Punta Cana declaration issued by the World Customs Organisation during December 2015 identified Customs as ‘the first line of defence of a country’ and exhorted the Customs world over to accord more importance for security. The declaration also calls for better cooperation between Customs and other law enforcement agencies at the border in the larger interest of the nation. In India, the Customs regulations have evolved over a period of time. It was the British government who brought in a codified Customs law in 1878 as Sea Customs Act of 1878. Thereafter, the Land Customs Act of 1924 was also enacted to regulate the movement of goods across the land borders. The movement of goods by air, though happened rarely, was regulated by certain provisions under the Air Craft Act, 1934. The Sea Customs Act did not have provision for prosecution till it was amended during 1955. During the Amendment Act of 1955, prosecution of the accused persons was introduced as it was felt necessary to check serious cases of smuggling by way of prosecution. Immediately after the liberalization during 1991, the Customs laws were amended to align with the new policy of the Government to facilitate the trade, reposing more trust on the trade. The Customs procedures have been drastically changed to verify the goods only on risk assessment and to introduce self-assessment by the trade, on which Customs duty is to be paid. The Customs Act empowers the executive officers to adjudicate the Customs Officers to the extent of confiscating the seized goods, demanding the duty thereon and imposing the penalties on evasion of duty. In case there is a criminal angle to the offence, the offenders are arrested and thereafter prosecuted, after obtaining sanction for prosecution from the Commissioner of Customs Act. In the case of outright smuggling cases, the Act provides that the burden of proof shall lie on the person from whom the contraband goods were seized. The punishment for Customs offences extends to imprisonment for period up to seven years, depending upon the offence. Further, the adjudication of the case by the departmental officers as well as the prosecution by the judicial courts can simultaneously take place. This study of evaluation of Customs regulations in India assumes a lot of importance due to the fact that (i) there is a drastic change in the functioning of the Customs department especially after the liberalization in India, (ii) that the smuggling of Fake Indian Currency Notes (FICN) and drugs etc. which has larger ramifications beyond the scope of revenue, are on the rise post liberalization and (iii) that terrorism from across the border is on the rise, and these aspects are yet to be addressed by the Customs Act. The facilities decided by the Government to be accorded to the genuine business are many times found to be exploited by criminals and some of the unscrupulous elements in the trade. As the society evolves and as the government policies thereon changes accordingly, it becomes quite essential to amend the provisions of the law, to face the emerging challenges. The research delves into the matter in detail to find out as to whether any change is required in the Customs Act in order to strengthen the national security aspect. The research concludes that while the Customs Act is adequate to take care of offences of duty evasion, it needs to be amended to deter serious offences that could affect the national security. Further, on the executive front, the research identifies certain lacune, and proposes “the Customs – Anti Smuggling Operations Rules, 2024” to ensure that the executive actions complement the spirit of the law.

India's 7500 kilometers of coastline and islands include numerous fragile and environmentally vulnerable areas. The coastal environment and coastal people are intricately intertwined because coastal zones are home to the clear majority of the country's inhabitants and play a substantial role in the nation‘s economic activities. So, coastal areas are of the utmost importance. A wide range of human activities, such as companies, tourism, fishing, aquaculture, and more, are carried out in the coastal regions. However, problems commonly occur when these activities happen on the narrow coastal strip at the same time. The right to development and the right to a healthy environment can occasionally be in conflict and out of balance. Therefore, India's coastal law traverses the three tiers of usage, control, and conservation. Consequently, coastal rules incorporate a variety of environmental laws. Coastal conservation develops its fundamental ideas from the constitution, statutes, and cogent judicial decisions as a consequence of the combined efforts of legislative and judicial knowledge. The laws governing the protection and exploitation of natural resources in India encompass a broad range of subjects, including land use, industry, mining, irrigation, town planning, energy, agriculture, waste, health, and coastal property rights. The issues surrounding coastal residents' right to life and means of subsistence are equally significant. It also includes protecting wetlands and wastelands, sensitive coastal areas, monitoring the water and air quality, and, most critically, conserving the indigenous people‘s rights. Against the backdrop of this extensive legal system, India has also developed coastal conservation regulations, but it is rarely noticed because of the accumulation of various Acts, Rules, and Notifications. However, it has a significant impact on the way of life of those who depend on these coastal resources. The finest illustration of this is in Coastal Regulation Zone Notifications. In this context, it is important to keep in mind that India is experiencing several fatalities as a result of natural catastrophes. The country has seen climate change over time, along with geo-climatic factors, significant socioeconomic susceptibility, and other factors. Additionally, as commercial activity grows, complicated environmental issues of all kinds are also becoming more prevalent, which increases the likelihood of catastrophic events in the coastal zones. Because a large number of people reside in coastal India, these ii challenges have a significant influence there. India's coastal zones, especially in the State of Kerala, have suffered erosion and damage as a result of the country's fast economic growth such as industrialisation, mining, and urbanisation. India continues to make great efforts to address coastal concerns despite having a coastal law for the last thirty years. Long-debated issues arise in the state of Kerala. Climate change and its effects are now apparent circumstances in Kerala's coastal region. The effects of climate change have changed in the past, are changing now, and will change in the future. Understanding the effects of climate change on coastal areas is crucial since fisheries play a crucial role in the nation's food security, way of life, and the creation of jobs and foreign exchange for a state like Kerala. In this context, the current topic is chosen this subject to explore the coastal issues and coastal degradation in the coastal zones of India.

This research work would like to critically study the inherent powers of the high court in the administration of criminal justice in India. To achieve the same and to provide a better understanding to the study this thesis has been divided into 6 chapters having various subdivisional headings within them in order to segregate and understand the concepts in detail. By way of this chapter scheme a road map into this study will be established. The first chapter will provide an understanding of the theoretical concept as well as the various applications of the „Inherent Powers‟ of the High Court under Section 482 of the Criminal Procedure Code, 1973. The chapter aims to set the stage for a reading of how the provision for „Inherent Powers‟ has transformed over the course of many decisions of different Courts. The research gap has been sought through a review of the referenced literature along with the research methodology. The chapter essentially provides a bird‟s eye view of what the following chapters would delve into. Sources of data and the nature of information as well as the method in which the research has been conducted are also clearly outlined in this chapter. The second chapter will go into the depth of explaining the concept of criminal courts in India and the various inherent powers it possesses. It will begin by giving an understanding as to how these criminal courts are incorporated. Under which the chapter will also deal with the hierarchy of criminal courts and the powers vested upon each of them, followed by understanding the jurisdiction of these courts which may be original, revisional or appellate jurisdiction based on its hierarchy. Administration of criminal justice system will be explained by studying the concept of criminal justice system and initiation and continuation of proceedings. Furthermore, appointment and role of public prosecutor will also be understood by analysing the public prosecutor‟s duty, importance and the role that he plays within the criminal justice system is paramount and hence it will be gone on to be explained in detail. This chapter will further move on to understand the inherent powers vested upon the courts through the statutory provisions and constitution by initially understanding its meaning followed by the background of section 482, purpose behind the incorporation iii of section 482 of the code. The same will be explained with the help of various precedents for a better understanding. This chapter will not forget to explain the limitation of the inherent power under section 482 of the code as well as the effects that the inherent powers has had on our criminal justice system. The stages of invoking these inherent powers has also been duly mentioned. Maintenance submission of charge sheet and limitations, which have been, prescribe interlocutory and intermediate orders and the various alternative remedies available will be explained in detail along this chapter.

Medical jurisprudence encapsulates all activities in the medical arena such as the regulation of drugs, hospitals, medical institutions and medical professionals. However, the most contentious aspect of medical jurisprudence, which arises during a dispute in connection with medicine, is medico-legal litigation. It is within this realm of medical jurisprudence that medical law is examined, interpreted and enforced by relevant authorities in order to bring justice to the aggrieved. Such minor aspects together form an ineffective and largely lacking medico-legal regime. Under these circumstances, this thesis aims to draw out the complex issues facing medico-legal litigation in India focusing on the doctor-patient relationship, sources of disputes, procedural and substantial aspect of the judicial process and the existence of appropriate legal remedies. The thesis will follow a synchronized structure that will carry the introduction, analysis, arguments and suggestions in successive chapters to achieve its objectives. In this respect, the first chapter of the thesis will deal with the introduction to medical law and explore the different elements that make up the medico-legal system in India. It will also specify the objectives of the thesis as well as the research questions and hypothesis that will be addressed in the thesis. Chapter two will explore the medical systems, medico legal regime and medico-legal systems in different developed countries in the international level, with the aim to carry out a comparative analysis with the system in India. The third chapter of the thesis will deal with the concept of doctor-patient relationships in India including an analysis of its historical aspects. The fourth chapter examines the medical negligence from the legislative frame work that prevails in India in relation to health law. The fifth chapter scrutinizes the role of the judiciary in hearing medico-legal cases. This will be followed by the sixth chapter of the thesis that lays down the medico legal scenario in India with challenges and response. Based on the findings in this chapter, the seventh chapter aims to provide an overview of the thesis and recommend measures that need to be taken by the relevant authorities or parties towards the development of the medico-legal system in India.

The relevant information is valuable and requires legal protection. For the legal protection of information, the recognition of the law to protect the information is mandatory. Such protected information by law is intellectual property. In many situations, it is more advantageous to protect information under the legal regime of Confidential Information than other forms of intellectual property rights. It is necessary to understand the nature, legal definition, and classifications of confidential information to protect confidential information. The various nature of information such as know-how, data protection, test data, personal information, database protection, etc. may be protected under the legal regime of confidential information. If information qualifies all the essential legal requirements of confidential information, such information will be protected under the legal regime of confidential information. Some of the important questions to be answered to protect confidential information: Is the information capable of being protected? When do obligations of confidence arise? Are its obligations of confidence breached? The protection of confidential information must be understood at international and national levels. India is a signatory to TRIPs, and TRIPs require all the signatory states to take measures to protect confidential information. But TRIPs do not provide any specific legal modality to protect confidential information. Several countries including the U.S.A, U.K., and EU have enacted legislation to protect confidential information. The EU member country should protect confidential information, considering the minimum standards provided by EU Directive. The protection provided by EU member countries will be likely to protect confidential information vary from country to country under EU Trade Secrets Directive. It is important to note that at present Defend Trade Secrets Act, 2016 (DTSA) of the USA is the prominent and model law to protect confidential information in the world. India does not have special legislation codifying the protection of Confidential Information. At present, in India Confidential Information may be protected under breach of Contracts, Common Law Tort of breach of confidence, Unfair Competition, Privacy Laws, under Criminal Law, and other several statutes of India like the Information Technology Act of 2000, Competition Act 2002, Copyright Act of 1976, Securities Exchange Board of India (Prohibition of Insider Trading) Regulations 1992 and Indian Penal Code, are providing legal remedies for breach of confidential information. The existing legislation to protect confidential information does not provide comprehensive protection under one legislation. These legislations are not special legislations to protect confidential information. Protecting confidential information in employer and employee relationships is one of the important aspects. Particularly, Section 27 of the Indian Contract Act of 1872 is to be understood in detail to protect confidential information. The extent of validity of non-competition and non-solicitation covenants in protecting confidential information is important in protecting confidential information in the context of employer and employee relationships. India must enact the codified law to protect confidential information. Such codified law will make the legal regime to protect confidential information more predictable, comprehensible, and just. However, it should be noted that in India, parties primarily rely on contract law or common law to protect confidential information. If the transaction is commercial, it is observed that the parties prefer to protect confidential information under contract law. Therefore, it is relevant to understand the protection of confidential information under contract law, including drafting a Non Disclosure Agreement and its enforcement. Further, by Non-Disclosing Agreement, parties may overcome differences under different legal regimes and create specific rights and obligations of parties to protect confidential information, therefore the information will be better protected. Thus, it is in the interest of disclosing party of confidential information that the Non-Disclosure Agreement is to be executed before disclosing any information to the other party. Each Non-Disclosure Agreement should be meticulously drafted and reviewed to meet the needs of the situation to protect confidential information. It is important to note that even countries that have special statutes concerning the protection of confidential information often rely on Non-Disclosure Agreements to protect confidential information. Even though it is correct to state that Non Disclosure Agreement is one of the best ways to protect confidential information, however, to make the legal regime of confidential information more comprehensive, the special statute to protect confidential information and reasonable interpretation of courts is essential. Further, administrative methods must be employed to protect confidential information.

The research is undertaken on the concept of protection to indigenous people and their development in the Indian scenario. The outlook of the research is a critical study of Indigenous peoples, their Statutory Protection and contemporary conditions prevailing to them across India and the rights of the Indigenous people all over the Globe. Due to lack of knowledge, awareness and importance given to the Indigenous people, they are not highlighted in a wider sense, though the strength of Indigenous people's share is approximately 370 million worldwide, in over 90 countries. Although they make up 5 percent of the global population, they account for about 15 percent who are extreme poor. Indigenous Peoples’ life expectancy is up to 20 years lower than the life expectancy of non-indigenous people worldwide. The study begins with the premise that International law guarantees rights to indigenous peoples regarding their tradition, lands, knowledge, cultural preservation and human security. This research has examined the sources of their rights and legal remedies for violations of law, Protection of indigenous peoples’ cultures and resources contribute to the protection of the global environment. In view of that, "Indigenous peoples" as an international legal concept has been studied in detail. Based on previous studies on life of indigenous peoples and their vulnerable position due to socio-economic seclusion; a research inquest started to understand thoroughly and to explore available domestic policy and legal framework in India. Accordingly, an attempt is made to comprehend the lives and rights of indigenous peoplesat both the national and international levels. A detailed analysis of the wealth of long-established traditionalknowledge held and practiced by indigenous peoples, the possibilities of protecting such knowledge from unauthorised exploitation is made during the progress of t h i s research. Hence research aims at critical assessment of the policies adopted by the Indian government since independence, for the purpose of providing equality and equal protection of law to the indigenous peoples in India. Study also duly considers how the protection issue has become very crucialwhen there is a increased commercialisation tendencies owing to modern Intellectual property (IP) regime.The method of research adopted in this study is doctrinal in nature involving analysis and evaluation of both primary and secondary legal materials. Philosophical and jurisprudentialdiscourses on the ABSTRACT vi subject are examined based on review of literature. A review of the regulatory frameworks at the regional, national and international level is undertaken in an effort to put light on the nature and scope of the study. The national and international practices were appraised on the basis of Indian and foreign case laws and case studies. The thesis consists of six chapters inclusive of Introduction and Conclusion. The Introductory chapter gives a basic insight on the research topic and its relevance. This chapter gives a clear description about the Statement of problem, Aim of the study, Hypothesis, Methodology, Scope and Limitation. An attempt is made to understand the historical backgroundof Indigenous People and its justification in this chapter.

In India, bearing children acknowledges a woman's femininity and makes marriage worthwhile. Indian society is so embedded with the necessity for genetic offspring that "infertility" is stigmatized as a marital issue. According to the Indian Constitution of 1950 and the Universal Declaration of Human Rights of 1948, every person has the freedom to create a family of his or her choosing using any method of reproduction. The quote of Saint Augustine that "A marriage without children is like the earth without the sun" is true. Artificial insemination (AI), often known as assisted reproductive technology (ART), is the second option available on the market to replace natural conception. The intending parents favor surrogacy as a different way to have a biological kid. Due to issues including irregular menstrual cycles, low sperm counts, low-quality egg/sperm production, lifestyle changes, postponed weddings, late motherhood, and other associated issues, surrogacy is very common in both rural and urban India. In a recent study report, Global Market Insights, Inc. anticipated that by 2025, there will be more than 27.5 million surrogates in the world. Surrogacy has been used in homosocial cultures in India since ancient times, but it was subjected to legal scrutiny and ethical debate in the case of Baby Manji Yamada v. Union of India (2008). The ambiguous result of this case, as well as the lucrative surrogacy market, pushed the Indian government to legalize transnational surrogacy in India. By 2010, Gestation for Others (GPA), also known as surrogacy, had become a common practice in the Indian market, with no laws in place to regulate or govern it, paving the way for a new line of work for poor women who acted as substitute mothers (surrogates) and carried a child for the intending couple in exchange for 'yellow metal'. In 2012, India was designated as a "surrogacy center" or "baby cradle". Due to an increasing number of examples of Indian surrogates being exploited by intending foreigners, the Indian government barred international gay couples and single persons from using surrogacy services in India in 2015, marking the first move in curbing the expanding surrogacy market. The lucrative surrogacy sector suffered a second significant setback in 2018 when the Lok Sabha passed the Surrogacy (Regulation) Bill 2018, outlawing commercial surrogacy entirely and only allowing altruistic forms of replacement reproduction. This ban was enacted in reaction to a few occurrences in which vulnerable, destitute surrogates who were compensated were used, harassed, and regarded as mere carriers (womb for hire). The rich intended parents treated the surrogate child as though it were a product for "sale." In regard to the act of paid surrogacy, the moral, ethical, and degrading aspects of motherhood were examined. Attempts to pass substantive legislation between 2008 and 2020 failed due to changes in strategy and shifting conditions. In the first Surrogacy (Regulation) Bill of 2014, which permitted married couples, live-in partners, and abroad couples to choose paid or altruistic surrogacy, the concepts of infertility, intended parents and surrogate moms were not specified. Surrogacy could be performed by a woman for up to four live births. This law's draught version was the most liberal. In the second and third Surrogacy (Regulation) Bills from 2016 and 2019, the idea of infertility was reduced to a maximum of five years of unprotected coitus. It also provided surrogate mother insurance coverage (up to 16 weeks) and defined the intended relationship. Surrogacy was denied to live-in partners, LGBT couples, and international couples. It let Indian couples who did not have a surviving healthy biological or adopted child use close relatives as surrogates in a humanitarian capacity. Women were allowed to be surrogates once in their lifetime; however commercial surrogacy was completely prohibited. This was a harsh law that outlawed both paid and international surrogacy. On December 8, 2021, the Rajya Sabha passed the fourth Surrogacy (Regulation) Bill, which included the Select Committee's (2020) recommendations. This measure repeals the term "proven infertility" as well as the 5-year waiting period for using a surrogate. Infertility is considered a "medical condition" that must be approved by the District Medical Board. Before beginning the surrogacy procedure, the intending parent must get a Certificate of Need and Eligibility. With the concept of 'insurance' enlarged to include medical fees, health concerns, and other authorized charges given to the surrogate mother during the surrogacy procedure, the surrogate's insurance coverage has been increased from 16 to 36 months. The National Surrogacy and Assisted Reproduction Commission supervises and controls surrogacy and assisted reproduction. According to the foregoing, the legislature's intentions were vague and strongly impacted by the situation at the time the law was passed. The commoditization of the womb and the true need of the infertile group to start a family, which extends beyond patriarchal undertones, are not differentiated in an intelligible way by drafters. The Legislature has taken away the right to bodily autonomy, the freedom of LGBT persons to pick their own partners for live-in relationships, and the rights of single men, divorcees, widowers, and parents of biological or adopted children. However, the surrogate, the core character of this entire story, has been forced into reproductive trafficking (altruistic surrogacy) or has been denied a source of money (livelihood through paid surrogacy). In both cases, she had denied her right to life and liberty, in violation of Article 21 of the Indian Constitution, making her life unpleasant and vulnerable to abuse. In the case that the intended couple's marriage fails, the surrogate child's best interests are not considered. In these cases, the law does not take supportive parenting of the abandoned child into account. The 1989 United Nations Convention on the Rights of the Child (UNCRC) does not consider a child's linked rights, such as the right to care, the right to know one's origin, the right to identity, and the right to be advised before/after tracing origin. The establishment of counseling facilities and sessions for surrogates and surrogate children is not included in the statute. Through the course of this dissertation, the researcher is striving to identify adequate responses to the aforementioned concerns. To begin, the term "commercial" will be modified to "compensatory" to allow the surrogate mother to exercise her right to bodily autonomy while also earning a living (remuneration for her services). A Surrogacy Arrangement Contract has been designed to notify the parties, including Assisted Reproductive Technology clinics, the Surrogate, and the intended parents, of their rights and obligations, and to hold them accountable for any violations. The building of counseling centers which is required by assisted reproductive technology clinics, as well as procedures to achieve supportive parenting for the surrogate child, are also underlined. At level 1 (ground level), this thesis offers a point on how to understand infertility and how to deal with it. Surrogacy is required due to women's inability to conceive naturally as a result of a number of problems that have gone unresolved by the time, they reach adolescence. Infertility is recognized and treated utilizing other means at a higher level, increasing the need for surrogacy. The Central and State Governments bear major responsibility for addressing infertility through public education programs, sensitization health clinics, and camps, with the goal of treating any difference in reproductive health at its early stage (puberty level) and preventing primary infertility. The State should consider the challenges of labor well as the opinions of the surrogate women who serve as the story's protagonists. Instead of portraying these women as oppressed and defenseless state should offer them with true empowerment and rights

Cities need lakes more than ever before. Although the policies and measures to protect and restore the lakes and wetlands are numerous, urban waterways are in deplorable condition. There is a drastic drop in numbers. The researcher as undertaken on the control of Pollution of urban lakes in Bangalore. Lakes are very important for survival of both animals and humans. They are crucial for not just for the sake of drinking water but also important as they give economic, social, and cultural angle to humans. Lakes is important for economic activities because they are necessity for industries and attract tourism as well. However, with the expanding urbanisation and population lakes survival has become difficult.1 Lakes in both rural and urban areas are not effectively protected from many factors such as pollution, urbanisation etc. Despite knowing their importance, humans have ignored their preservation. Present day, either lake is dried up due to usage, climate changes and other factors. Even due to unplanned human expansion especially in urban areas, two things have happened. Lakes has dried up or lake area are now residential or commercial spaces or two, has bought drought or floods in these areas. However, due to lake degradation, several changes have taken places including climate change, changing ecosystem etc.

The past decade has witnessed high volatility in the global macroeconomic conditions and has shown how the banking system is exposed to a variety of risks which can assume systemic dimensions and can affect the financial stability of a country adversely. Given the importance of financial stability, organizations like International Monetary Fund (IMF), World Bank, Bank for International Settlements(BIS) and the Central banks across the globe are striving to evolve a robust Macro Prudential and Systemic risk assessment framework. Macro stress testing is an integral element of this exercise. In the Indian context also, Macro stress testing has evolved over the last few years; however, given the advancements in this area across the globe, the research is still in a very nascent stage. Against this backdrop, our study is an attempt to contribute to the ongoing research efforts in this area and provide a reference point for reassessing and reviewing the existing macro stress testing practices in the Indian context. We propose to modify the existing macro stress testing model for credit risk as developed by Reserve Bank of India in terms of endogenous variable selection, calibration of stress testing scenarios and modification of the macro stress testing model. In the dissertation, Top-down approach of stress testing has been adopted for the Indian banks using quarterly data pertaining to the time period 1996Q2 to 2016Q4. The macroeconomic variables employed for the study are GDP, CPI, Exchange rate, Oil, Market Capitalisation of NSE, Short-term interest rate and Long term interest rate. For the empirical analysis, Vector Error Correction Model (VECM) technique has been employed to investigate the dynamic impact of changes in the macroeconomic variables on the Default Ratio which has been taken as a Credit Risk indicator. Wald Test, Granger Causality and Toda Yamamoto test have been employed to investigate the short term relationship between the variables...

The buying behaviour is changing rapidly with the time and rapidly changing environment. This change has given scope to understand the consumer behaviour. The rapidly changing world and ways consumer is responding to the decision process with the set of variables used earlier and now has evolved the new ways to make decisions. Today the changing family structure and the role played by each member is changing the entire system of decision making. With deep understanding of time and changing family structure for this study we have taken adolescence as a consumer to study the decision process for technology product. While studying the consumer behaviour it is essential to know the characteristic of the consumer and the age. Considering the relevance of category of consumer is important since it will be helping in bring insights on better understanding the decision process adopted by them. Past literature was a great support to understand the decision process, theory and models for consumer behaviour. However, the adolescents were considered as a relevant element in the family decision for purchases. The literature has shown them as influencers in family decision. This research objective is derived from the past literature and changing environment in the past 2 decades in terms of the purchasing behaviour, consumer and environment. The environment is changed drastically that marketers and researchers need to relook at the way purchasing and decisions are made for products.

The evolution of Smart Grid Technology (SGT) is expected to show a solution for the escalating complexity of electricity grid, steadily increasing quest for electricity, demand for enhanced reliability and increased efficiency of grid as well as an answer for issues concerning the environment and sustainability of energy supply. Being an innovation of socio-technical nature, electricity consumers are to get integrated with SGT for adoption to derive the envisaged full potential. A comprehensive research model is developed on the framework of Technology Acceptance Model (TAM) by extending it with other relevant factors in addition to the TAM variables, Perceived Ease of Use and Perceived Usefulness. Accordingly, influential factors, Personal Norm representing the societal benefits, Perceived Risk in Use of SGT, Regulation/Policy on SGT and Vulnerability or socio-economic environment of residential electricity consumers are included to frame a more meaningful model for research to understand the technology adoption. The study based on the developed research model and the analysis of data gives better understanding of the influence of various factors. The results indicated that Perceived Ease of Use, derived from Perceived Understanding and Compatibility of the Technology is an influential factor in the adoption of SGT. Similarly Perceived Usefulness, based on the perception of the consumer that SGT can reduce electricity rates and contribute to power supply reliability, significantly influences adoption. Also, the results show that Personal Norm is an emerging factor, influencing adoption of SGT wherein the benefits are more societal than private. Interestingly, it couldn‟t identify Perceived Risk in Use as a deterring factor in SGT adoption as indicated by the results of the SEM analysis as insignificant, possibly due to the consumer‟s familiarization with similar technologies nowadays. Further, the SEM analysis results vi of the study do not support the need for further Regulatory/Policy provisions as the factor also turned insignificant statistically. Similarly, the socio-economic status of the consumer represented by the variable, Vulnerability is not identified in this study as a significant hindering factor in adoption of SGT as indicated by the results of SEM analysis. The outcome of the study discloses that the technology managers can bank much on Ease of Use and Usefulness of the Technology to make consumers adopt SGT. Similarly, the factor, Personal Norm which points at societal benefits, such as energy sustainability and environmental concerns is of significance in implementation of SGT, The comprehensive research model developed can be extended to studies on contemporary technology adoption scenarios such as solar power generation at households, adoption of electric vehicles, etc. wherein the societal benefits outweigh private gains.

The purpose of this research is to study the theory of planned behavior and see what other constructs could be added to investigate the buyer behavior of Herbal health product as a life style product. The consumers will be mostly the users of herbal products; either it could be herbal health products and beauty products. The study investigates the reason behind the purchase of buying herbal products. Probably be the nutrition requirement, Precautionary measure or to maintain health and beauty. May be the consumers of herbal products consume to improve their lifestyle and lead an active and healthy life. The study also investigates, what cognitive components, self image may have an impact on the consumer‟s attitudes which intends to perform the behavior. This study models the relationship between the attitudes, intention, behavior with the gaps identified in the research and literature review. The study considered the consumers who consume herbal health products. The conceptual model was proposed and tested the Model.

Mergers and Acquisition is one of the important subjects from the perspective of finance and strategy and are the results of inorganic growth process, used as an instrument for business growth and are accepted by business entities as a critical tool of strategy. India has witnessed M&A deals worth $138 billion in 2022. Strategic M&A deal volume and value reached all-time highs in India in 2022, while dealmaking dropped off in much of the rest of the world. Several factors have converged to create a robust environment for M&A. Mergers and acquisition are the solutions for major strategic challenges like economies of scale, economies of scope, vertical and horizontal integration, development of complementary resources, effective application of surplus funds and enhancing managerial effectiveness. M&A improves the performance of the company because of synergy effect, it increases market power, operational performance, financial performance, and economy of scales. In the recent years, the importance and value of Mergers and Acquisitions has reached enormous proportions. Some studies reported beneficial influence of M&A on companies‘ success, the others are found to be neutral or even negative. Further, not many studies have been found for Indian context. Therefore, the lack of studies conducted in the Indian context regarding the impact of Mergers and Acquisitions on the financial performance and shareholders wealth in Indian pharmaceutical companies serves as a motivation for the current study. The study applies the financial and operating performance model to examine the impact of mergers and acquisitions on financial performance in Indian Pharmaceutical Sector through 32 financial indicators for 30 renowned Pharmaceutical Companies. The study uses paired sample t-test, paired sample correlation for the purpose of analysis and examines the pre-merger (-3 years) and post-merger (+3 years) impact in Indian pharmaceutical company. The study also examines the impact of mergers and acquisitions on stock prices to find whether there are significant abnormal returns to shareholders using t-test by examining Abnormal returns, t-statistics of Abnormal returns, CAR, t-statistics of CAR, Average Abnormal Return and CAAR, t-statistics of CAAR for Pre-Event Period and Post Event Period (-30, + 30), showing the significant impact for -2days, - 5days, -11 days and +2days, +5 days +11days and for Combined number of days 5 days ( -2 +2), 11 days (-5+5) and 23 days (- 11+ 11 days) and concludes whether there is a significant change in the financial performance and shareholders wealth of the acquiring Pharmaceutical companies in India.

While technology adoption remains a widely studied area in IS Research, decisions to adopt innovative and complex new technologies remain a challenge for organizations, and there is a need to find answers to important questions in this area of research. Prior research demonstrates that absorptive capacity fosters knowledge creation in an organization through the processes of acquisition, assimilation, transformation, and exploitation of valuable external knowledge. A careful review of the popular information technology adoption models reveals the quintessential role being played by knowledge about the focal technology in such IT adoption decisions by organizations. While studies on IT-IS strategic alignment highlight the need to have IT competence in business managers for their IT championship behavior, there are unanswered questions about the antecedents of business manager s knowledge about technology, applications, systems development, and access to Knowledge. Building on the above analysis, by using cloud computing as the technological context and small and medium enterprises as the organizational context, we probe the role of absorptive capacity in fostering IT competence and whether IT Competence mediates the relationship between an organization s knowledge absorptive capacity and its intention to adopt complex IT Innovations like cloud computing. This study aims to improve our understanding of information technology adoption in general and cloud computing adoption in particular at organizations by using absorptive capacity and IT competence as a predictor, unlike other studies which use various other models to study such adoption behavior. This study also aims to strengthen our understanding of the mediating role being played by the business manager s IT competence in such information technology adoption behavior by organizations.

The empirical outcome of this study will colossally benefit the advertising and consumer research professionals of marketing realms. The proposed model of consumer pre-purchase information search reposes on three mainstays, i.e. economics cost framework, psychology, and social capital theory. The cost-benefit framework is used as the starting block. The literature posits that as long as the perceived marginal benefit exceeds the expected marginal cost, the search for information will continue. Search can also continue until a threshold level of utility is achieved. Perceived risk of product purchase positively influences the perceived benefits of search and size of the evoked set. The Perceived Benefits of search, influence the search process positively, with economic principles such as costs acting as the constraints. The amount of search is also influenced directly by the size of the evoked set. Social cohesion and networking influences the search benefits and external search, in turn it effects the cost of search negatively due to its price effectiveness and information accessibility. Consumer s process the information collected from both internal and external (termed search ) sources. The amount of external information search is also directly influenced by the available evoked set in the market. Web based (Internet) contemporary information sources effect the urban consumer search due to its price diffusion and search efficiency. It is assumed that contemporary sources influence the views of traditional Economics of Information theory on the facets of cost antecedents and relationship between cost and amount of search. This model analyzes its effects on the overall external search process and its cost benefits. We also draw on the literature on social capital and social connectedness to enhance the model of consumer information search for durables. Consumers who do not have access to readily available information (as in rural areas), or the ability to process the information (for the relatively uneducated)

The proposed model of pre-purchase intention draws on three primary literature domains: the cost-benefit framework (economics), psychology (risk), and utilitarian theory (technology). The cost-benefit framework serves as the foundation for any purchase decision, making it the starting point of this study. This framework is employed to validate hypotheses regarding electric vehicle purchases in India. The literature posits that purchase intention persists as long as the perceived marginal benefit exceeds the expected marginal cost, continuing until a threshold level of utility is reached. "Perceived risk" in product purchases is suggested to positively influence both technological and economic utility. Technological factors enhance purchase intention, while economic principles, such as costs, act as constraints. The perceived risk associated with electric vehicle purchases also plays a significant role in shaping purchase intention. Consumers evaluate information to compare products from established internal combustion engine technology with technologically advanced electric vehicles. Purchase intention is directly influenced by the technology involved. Urban consumers are expected to show a stronger preference for electric vehicles due to factors such as price diffusion and efficiency. It is proposed that incentives and driving range affect cost factors, aligning with the Economics of Information theory, which examines the relationship between cost and utility. This model analyzes the impact of these factors on overall purchase intention and its associated cost benefits. We propose to investigate the significant differences between consumer search strategies for internal combustion engine (ICE) vehicles and electric vehicles within the context of consumer durables. This research aims to address consumer purchase intentions and behaviors by applying relevant theories and techniques to identify, analyze, and resolve marketing challenges in emerging markets. A pilot study was conducted to develop reliable multiple-item scales based on the literature. The first pilot study included 113 samples, while the second had 54 samples, both aimed at identifying reliable and valid indicators. The main study utilized an e-survey method with 322 respondents. The reliabilities of the multiple-item scales closely matched those obtained in the pilot studies. The empirical model was tested using the Partial Least Squares (PLS) method, employing SmartPLS (4.0) as the statistical tool, designed to avoid manipulation and resolve any potential issues. Consistent with the study's objectives, the model was developed to assess the antecedents of purchase intention among buyers of durable, technology-driven products, specifically electric vehicles. The model fit results were highly encouraging. Purchase intention is significantly influenced by the perceived risk associated with the product. Perceived risk impacts intention both directly and indirectly. Economic factors also play a major role in shaping purchase intention, affecting it through both direct and indirect pathways. Technological factors are the third key determinant. These three elements—perceived risk, economic factors, and technology—are the primary drivers of purchase intention explaining the 68 percent of total variance in purchase intention.

In a highly volatile customer-centric business environment, customer agile capability newlineof business firms determines the survival and success. For this speedy and effective newlinecustomer sense response system, how an actionable Customer Knowledge (CK) can newlinebe developed and what kind of resource infrastructure is relevant? The aim of the newlinepresent research is to examine customer agility and its resource pre-conditions from the newlineCustomer Knowledge Management (CKM) perspective, drawing upon the key theories newlineof Resource Based View (RBV), Knowledge Based View (KBV) and Dynamic newlineCapabilities Framework (DCF).The study was taken up in brick-and-mortar retail newlinesector that is dynamic and has access to vast amount of customer knowledge. A survey newlineof extensive literature review showed that there is a dearth of resource CKM newlinecustomer agility frameworks. The key findings indicated that customer agility and newlinecustomer sensing are positively influenced significantly by all the three resources of newlineorganization structure, culture and website customer knowledge infrastructure; and newlinecustomer responding capability is by organization structure and organization culture newlineonly. Contrary to prior studies, organization structure was found have significant newlinepositive impact on customer agility. CKM s mediating role was evident for customer newlineagility and customer responding only. The study provides testable propositions linking newlinetechnological and social resources of the firm with customer agile capability via CKM, newlineespecially in times when many retails are migrating to omnichannel format. Study can newlinefurther be extended as to how customer knowledge can be utilized for enhancing newlinecustomer experience online and offline.