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Volume: X 2 2023

Human Rights Awareness with Respect to Health of Tribal Communities in Kashmir: A Socio-Legal Perspective

Author(s) : Dr Shafia Jan

Human rights are important as they protect us from exploitation, discrimination, unfair treatment. It promotes and develops all the values among the people which are necessary for living a peaceful life. The present study explores the level of human rights awareness in general and health rights in particular among the tribal communities in Kashmir valley. Thus a cross sectional study was conducted on a total of 100 subjects (Gujjar and Bakerwal) communities of Kashmir valley including 56% men and 54% women with mean age of 39.60 ± 20.19 years. Respondents were interviewed about their perception towards human rights and were at the same time examined for their general health and Nutritional status. Majority of the respondents were found to have good awareness about Right to freedom and equality in dignity (78%), right to education (90%), Right to marriage and protection of family being (87%) and Freedom of belief and religion(96%). Moreover the results of the study revealed that a good percentage of the respondents i.e. 34% were underweight, 18% were found to be obese and 39% of the respondents suffered from hypertension.

KeyWords : Human rights, Nutrition, diet, health, obesity, prevalence.

Relevance and Due Diligence of Intellectual Property Rights in Corporate restructuring through Mergers and Acquisitions: A Study with Special Reference to Intellectual Property Laws in India

Author(s) : Dr. Arneet Kaur

Corporation restructuring through mergers and acquisitions (M&As) has enabled thousands of organizations around the world to respond more quickly and effectively to new opportunities and unexpected pressures, thereby reestablishing their competitive advantage. The consensus is that when companies combine their core competencies through M&As, both tangible and intangible assets of the Target Company are part of the cash flows to the Acquiring Company, and the most significant of these assets is the Intellectual Property. Intellectual property (IP) is fast becoming the biggest incentive for mergers and acquisitions. M&As involving Intellectual Property Rights (IPRs) are complex transactions involving lot of complexities and intricacies. With careful planning and proper due diligence, businesses can smoothly navigate and successfully overcome the various challenges presented. Further, for an Indian company undergoing M&A transaction whether domestic or cross-border or a foreign company acquiring an Indian company, a detailed knowledge of various Intellectual Property laws in India is must.

KeyWords : Mergers, Acquisitions, Intellectual Property Rights, Valuation, Due Diligence, Assignment.

Regulations and Challenges in Data Protection with Special Reference to Digital Personal Data Protection Act, 2023

Author(s) : Dr Navjeet Sidhu Kundal & Dr Garima Singh

While the widespread adoption of digital technologies has brought many benefits to the citizens, however, it’s not without its share of challenges. We are grappling with concerns like invasion into personal data by big tech companies, state surveillance and cyber-crimes. The paper aims to look at the evolution of data regulation and legislations at the world level in general and in India in particular in the light of Digital Personal Data Protection Act 2023.

KeyWords : Data Protection, Data Privacy, General Data Protection Regulation (GDPR)

International Humanitarian Law: Issues and Challenges with Reference to Ukraine-Russia Conflict

Author(s) : Rupal Malik

The Ukraine conflict has exacted a profound toll on civilians, marked by widespread violations of International Humanitarian Law as reported by numerous international bodies. It is patently evident that Russian attacks exceptionally affected civilians, civilian areas, and infrastructures protected under International Humanitarian Law, including hospitals, schools, dams, and nuclear plants in Ukraine. Reports underscore that the weapons used in these attacks were highly indiscriminate, encompassing internationally prohibited cluster bombs, ballistic missiles, and explosive weapons with wide area impact. The use of prohibited weapons, including cluster munitions and imprecise explosive weapons, in densely populated areas, has resulted in significant civilian casualties and harm. These attacks raise serious concerns about Russia's adherence to IHL. Such actions contravene the core principles of IHL, potentially constituting war crimes. The paper is an attempt to analyse the issues and challenges faced by International Humanitarian law amid Russia’s conduct in the conflict, focusing on alleged indiscriminate attacks and incidents involving critical infrastructure, such as the Kakhovka dam and Zaporizhzhia Nuclear Power Plant. The paper further makes an assessment to know the impact of this conflict on international law.

KeyWords : Attack, International Humanitarian Law (IHL), Russia, Ukraine, Violation.

A Need for Specific Legislation on Regugee Protection: An Indian Perspective

Author(s) : Dr Irfan Rasool

Towards the end of 2015, three Bills were introduced in the Parliament of India to deal with refugee situations and challenges in granting refuge to them and other issues related to it. Also, in recent times, attempts have been made by the government to amend laws governing the admission and exist of refuge seekers into India, allowing many citizenships based on religious persecution. It may be noted that political policies based on ethnic or religious grounds have become the basis for the government to either allow or refuse a protection to an asylum seeker in India which stands opposed to the international obligations read with fundamental obligation imposed under Article 51 (c) of the Constitution thus creating a gap between the “is” and the “ought”. This article is an attempt to analyze whether this gap between the ‘is’ and the ‘ought’ can be addressed by specific legislation on refugee protection.

KeyWords : Alien, Asylum, Constitution, Indian Judiciary, Politics, Refugee

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Dated : 27-10-2022

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