GLS Law Journal

Holistic Analysis of ‘Women Empowerment’ – A Vital Quintessence from Legal, Business and Economic Perspective

2022-07-03T14:52:07+00:00

The varied dimensions of ‘Women Empowerment’ have to be analysed from economic, political, social, cultural, psychological, philosophical and technological perspective. The empowerment of women is a holistic concept. India has been testimony to the diverse and vast cultural heritage unique to itself from time immemorial. History is replete with examples of the contribution of India for gender neutrality, equality and upliftment perspective. A man and a woman are equal and strong pillars in the edifice and bulwark of cultural fabric for society’s growth. The historic contribution of Maitreyi and Gargi are monumental in not only from the perspective of cultural and social development but also from the view of women empowerment. The jurisprudence on woman empowerment has to be seen in a holistic manner. There is a vital facet of legal dimension of the economic and social contribution of the woman in the ecosystem of growth and development of the nation. The international efforts in the sphere of women empowerment by Convention on Elimination of All Forms of Discrimination against Women (CEDAW) has been instrumental in addressing some of the pertinent issues in that domain. Tackling the issues of women empowerment via Statutory provisions and by strengthening the statutory provisions in the extant laws has to be seen synergistically with the concerted efforts at community, national and international level for empowering woman with education, health care, access to basic amenities among others. The role played by women has a cultural and social dimension also which requires an inclusive and synchronized efforts in tandem by all the stakeholders in the value chain of economy and in the societal ecosystem.

Women Prison Inmates &Their Children at Bachha Barrack During Pandemic Covid 19

2022-06-30T12:05:18+00:00

In view of the successive directions issued by the Supreme Court (SC) in the recent landmark case of “Re inhuman conditions in 1382 Prison” court has identified emerging trend of increasing number, vulnerable condition of women prison inmates and their children in prisons across India. “An estimated number of 1,320 children are living with the mother women prison inmates including under trials, convicts. “The number of women inmates in Indian prisons increased upto 11.3%, in a span of few years from 2011 to 2015, Roughly 1,817 children are found living in prisons with their mothers as on the year 2014 across different prison in the country”. The Parliamentary Standing Committee on Empowerment of Women (submitted its report on ‘Women in Detention and Access to Justice’ 2017 reiterated the issues concerning women inmates and their children. In keeping with these, certain landmark legal, regulatory, judicial directives exist to safeguard the interest of women inmates and their children. However in Pandemic Covid 19, the condition of bachha barrack remains extremely vulnerable children of women inmates. Due to overcrowding, the covid 19 pandemic makes it difficult for covid safety protocols to be followed. The existing condition of diet, medicines, education of children remains suspended during pandemic Covid 19.

Understanding Judicial Activism and its impact

2022-06-30T16:15:02+00:00

Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. The objective of this paper is to study the active role of Indian Judiciary for promoting Justice. Judicial Activism is the tool that has helped the judiciary to create a supremacy over the affairs of the other two organs and their functioning. The society is to be regulated beyond the realm of laws as well, whenever there is a grey area or loopholes, judiciary cannot just sit quietly and let injustice happen and thus they play the role of protectors of law beyond the subjective laws as well. The paper also analyses the impact of judicial activism on Indian society and Indian politics. It can be conclude that when the elected representatives fail to create a welfare state then the role of judiciary becomes indispensable but the judiciary cannot intervene in the state affairs just to show its supremacy.

Analysis of Compulsory Licensing in India and its Perceived Impact During the Covid Era

2022-06-30T12:05:18+00:00

Compulsory licensing can be defined as a mechanism which would enable the State to use the invention without the prior consent from the inventor or the patent right holder. The Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement provides provisions for patenting of drugs, it also provides certain provisions for compulsory licensing mechanism, to keep a check on the possible abuse of patent rights. There has been an imbalance between profits and drug accessibility to people throughout the world, including India. The Indian patent regime has changed drastically since the landmark Judgment of Bayer v. Natco , it was evident that the judicial approach upheld the public interest and ensured that the pharmaceutical companies do not abuse their position. Granting patent security to pharmaceuticals particularly fundamental medications has dependably been a challenged one. Further, the subsequent judgements on the said subject matter has created confusion as far as the stance of compulsory licensing standards in India are concerned. The inborn tussle between profit driven medication organizations and welfare arranged governments trying to guarantee less expensive access to fundamental prescriptions has as often as possible involved the worldwide attention. The Covid 19 pandemic has disrupted many lives all over the world, but since the invention of numerous vaccines, there has been a ray of hope to cure the virus at a large scale. However, the governments and the pharma companies need to have an agreement in order to provide vaccine and healthcare to vast majority of population. Thus, the compulsory licensing route is being explored by various governments in order to provide healthcare, this paper aims to explore the fundamentals of compulsory licensing in India and its possible application in the Covid 19 scenario.

Doctrine of Res Gestae: a Critical Analysis

2022-06-30T12:05:18+00:00

The Doctrine of Res Gestae is embodied in Section 6 of the Indian Evidence Act,1872 and, the doctrine is an exception to the hearsay clause, however, in a court of law, hearsay testimony is not admissible. It is critical to analyze what constitutes a transaction, where it starts and ends, and it is not a res gestae if the given facts are unable to connect themselves to the prime transaction resulting in inadmissibility. If a comment is made under the burden of excitement, then it is considered admissible in the eyes of the court because it's all part of the same transaction. The ambiguity of Section 6 of the Indian Evidence Act,1872 gives it the power. Section 6 is admissible only if the testimony is established to be part of the same transaction, however, the Court must determine if it is valid or not.