Amicode-e-newsletter is a bi-monthly newsletter published by Amity Law School Noida which gives a platform to students, professors,research scholars and academicians to express their ideas

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AmiCode
AmiCode/July 2018/Volume#1/Issue#6 Amity Law School Noida

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Student Reporters:
Ms. Mehr Bajaj
Ms. Muskan Ahlawat
Ms. Tanishka Roy
Ms.Shriya Tripathi
Student Photographer:
Ms.Siddhant Narayan
Mr. Tanishq Srivastava
Dr. D.K. Bandyopadhyay
Chief Adviser (FPO, Amity Group)
Chairman-Amity LawSchool
Amity University
Uttar Pradesh
CHIEF PATRON
Dr. Ashok K. Chauhan
Founder President
Amity University
PATRON
Dr. Atul Chauhan
Chancellor
Amity University
Co-PATRONS
Prof.(Dr.) Balvinder Shukla
Vice Chancellor
Amity University
Uttar Pradesh
Editor-in-Chief
Prof.(Dr.) Aditya Tomer
Additional Director
Amity Law School Noida
Amity University Uttar Pradesh
Editor
Ms. Lekha Rani Singh
Assistant Professor
Amity Law School Noida
Amity University Uttar Pradesh
Student Editorial Team:
Ms. Akansha Srivastava
Mr. Khajit Thukral
Ms. Mansi Dhaka
Ms. Avni Agarwal
Student Technical Support:
Mr. Dhananjai Singh Rana
Articles/Views/Poems/Interviews/Short Stories
Email id: lrsingh@amity.edu
Contact Address: I 3 Block, Second Floor,
Room No. 203
Prof. (Dr.) S. S. Singh
Advisor
Amity Law School Noida

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AmiCode- E-Newsletter of law, aims to serve as a platform of expressions for the law
students and legal professionals. AmiCode aims to facilitate the students to use their
knowledge and writing skills in the field of law. Law plays a very significant role in our lives
as it serves as norm of conduct for the citizens of the society. It is must for a peaceful and
problem-free society. Our society would not be able to function efficiently without laws. It’s
very important to have a system of law in order to regulate a society. Law ensures that the
human rights are respected and it is essential to safeguard our future generations.
We at Amity University believe in the overall development of our students and provide
them quality platforms to nurture their talent. The vision of Hon’ble Founder President is to
create ambassadors of learning and values and that is exactly we are aiming at through vari-
ous academic and associated activities.
Amity University aspires to make each law student a successful lawyer and enable them
to fulfill their dreams and to bring out the best in them. Each aspect related to law shall be
discussed in AmiCode. The purpose is to support each learner in establishing a strong foun-
dation of law. This bimonthly e-Newsletter, shall be sharing the best of expert advice for a
successful career in Law.
I congratulate Amity Law School Noida for initiating AmiCode e-Newsletter of Law,
which has the essence of Amity’s foundation: Competence, Commitment and Self-
Motivation.
Best wishes and blessings to team AmiCode, faculty members, students, researchers, le-
gal professionals and career experts.
Prof. (Dr.) Balvinder Shukla
Vice Chancellor Amity University Uttar Pradesh
Professor - Entrepreneurship & Leadership
Message from the desk of the Vice Chancellor

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Chairman’s Note:
We at Amity University envision a bright future for our students in the field of law by
creating successful lawyers of all times. Following the vision of our dynamic Hon’ble Founder
President, we nurture talent. Students as well as the Faculty Members need to enhance their
reading and writing skills regularly. As a student of Law, each student is required to learn the
multi-dimensional skill sets.
Newsletter is the true face of any academic institution serving many purposes such as cap-
turing what we have been doing, monitoring the outcome of activities, showcasing the creation
and dissemination of knowledge etc.
I congratulate Amity Law School Noida and team AmiCode for coming up with this e-
Newsletter. I am sure that with the active participation of ALSN students and Faculty,
AmiCode team will add new dimensions to learning.
Dr. D.K. Bandyopadhyay
Chief Adviser (FPO, Amity Group)
Chairman - Amity Law Schools
AmiCode, e-newsletter of Law, aims at inculcating the sense of analytical re-
search, exploration, brain storming, idea generation and carving out ways to put that
in the best possible way. The preliminary objective of our newsletter is to help stu-
dents to develop the art of preparing compact and precise drafts and to enhance their
skills. Unlike most of the written materials that are available in the form of humung-
ous tree, we aim at creating quality material. Here, the ideas are fresh and unique. It
gives a sense of responsibility, determination and learning to all those who are asso-
ciated or wish to associate with the e-newsletter in future.
I wish team AmiCode success and hope they excel in their endeavors.
Prof. (Dr.) S. S. Singh
Advisor
Amity Law School Noida
Advisor’s Note:

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From the Editor-in Chief’s Desk:
Let us walk together towards exploring the law.
We at Amity University aim to make each law student a successful lawyer and
enable them to fulfill their dreams. We at AmiCode shall provide the students a
platform to bring out the best in them. We also aim to take AmiCode to the next
level of success and allow students to enhance and use their knowledge and writing
skills in the field of law. AmiCode will share the expert advices bimonthly and it’s
one such initiative taken to shape the young law minds acumen.
In this age of information, AmiCode is initiated to establish a strong and shared
foundation of ‘Law.’ “Amity Law” becomes AmiCode and this bimonthly e-
Newsletter is presenting itself as a platform of learning and sharing. Each issue of
AmiCode shall bring advice from career experts and will provide an opportunity to
the students to present their observations, writings, research and legal aid initia-
tives.
Prof. (Dr.) Aditya Tomer
Additional Director
Amity Law School Noida
From the Editor’s Desk:
A good researcher can never be a bad lawyer.
AmiCode, Law e-Newsletter, aims at provide a platform to law students and le-
gal professionals to express their views. As an Amitian, I am sure that all our stu-
dents will join this mission of self-growth and self-enhancement in the field of law.
Through this bimonthly e-Newsletter, we shall be sharing the best of expert advice
for a successful career in Law. Each aspect, which relates to law, shall be discussed
in AmiCode. The motive is to assist each learner in establishing a strong foundation
of law.
We hope that AmiCode shall serve as a platform of expressions.
Ms. Lekha Rani Singh
Assistant Professor
Amity Law School Noida

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Amity Career Expo 2018
Placement is one of the most important activity for the students, it plays a vital role in their academic and professional life. The Amity Education
Group pays utmost importance for the placement of its students. The Corporate Resource Centre (CRC) of Amity Law Schools organized the first Amity
Career Expo (ACE) – 2018 on 27th
-28th
July, 2018. The flagship event provided a platform to the final year law students of Amity Law School Noida
(ALSN), Amity Law School Delhi (ALSD) and Amity Institute of Advanced Legal Studies (AIALS). The event began with the welcoming of the guests
and the lighting of the auspicious lamp.
Addressing the gathering, Deputy Director of CRC, Gp. Cpt. A.K Saxena substantiated on the pivotal role of this exercise in the lives of the stu-
dents and that it marks a transition as they are stepping out into the real world. He termed the CRC to be a student driven and faculty supported placement
body, which was conceived for the students and by the students. Gp. Capt Saxena concluded by advising the recruiters to ‘Select the best and inspire the
rest’.
It was followed by the address of Prof. (Dr.) Aditya Tomer, Additional Director, Amity Law School Noida. He first started by thanking all the recruit-
ers on behalf of the volunteers and managing faculty involved in the event. He then stated the fact that this is the most significant phase of a student’s career,
and that ACE is a platform for the students to exhibit their cultivated skills and competency to the competitive world. He also stated that Amity works on the
overall development and communication skills of its students. He described the students of Amity as active, competent and talented individuals. He then on
the behalf of the university extended his hand for a long term mutual beneficial relationship with the esteemed recruiters. He concluded by asking the recruit-
ers to guide the students for their betterment.
Sharing her views, Prof. (Dr.) Shefali Raizada, Additional Director, Amity Law School Noida said that ACE is an event of huge magnitude. She
thanked the recruiters for gracing the event with their presence. She emphasized on the importance of career expos in today’s time since it provides the
budding graduates an opportunity to display their potentials and aid them in nurturing their CVs as per industry needs.
Mr, Arun Upadhyay, Deputy Director, Amity Institute of Advanced Legal Studies addressed the gathering and spoke upon the im-
portance of placements.
The guests were then presented with tokens of appreciation in the form of Tulsi Saplings by Prof. (Dr.) Shefali Raizada and Prof. (Dr.) Aditya Tomer.
The recruiters were then briefed regarding the interviewing process.
Day 2 of ACE 2018 (Amity Career Expo 2018) began with the welcoming of the guests and the lighting of the auspicious lamp.
The dignitary to address the gathering was Adv. Kirti Uppal the current President of the Delhi High Court Bar Association. As a senior advocate of
the high court, he addressed the gathering with vigour and enthusiasm. He started off by expressing his joy on visiting individuals of the current generation.
He claims that such individuals have access to more resources than the past generation and are hence more intelligent. He also stated how the profession of
law is uncertain in nature and how we should embrace that very uncertainty. He also advised all young students to recognize their forte, and to sharpen their
skills in that exact field. He shared his experiences as a litigation lawyer and how he enjoys various aspects of it. He urged the candidates to recognize what
makes them happy, as success does not solely depend on monetary gains, but also a person’s satisfaction with what he has accomplished. He recommended
all those individuals with good communication and argumentative skills to go into litigation. He also spoke about how tribunals are the next big thing. He
concluded by advising the students to be dedicated towards their profession and to not solely seek money.
The recruiters for the two days event were:
 ISL Legal
 Lex Corp Law Offices
 Fair Law Practices
 Juhi Arora & Associates
 Veda Legal
 LawRato
 Adv. Suresh Dobhal & Co. Advocates & Solicitors
 PSP Legal
 Military Lawyer & Advocate
 Legis Chamber
 Adv. Satya Ranjan Swain
 Sagar & Sagar Law Offices
 Advocates Pedia Foundation
 Lex Excel Advocates & Solicitors
 Adv. Mohd. Ibrahim
 Tiger & Associates
 Juristica Legal LLP
 Adv. Sudershani Ray
 Warsi Solicitors .
 Lanco Anpara Power Limited

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The list of selected students in Career Expo 2018:
A Glimpse of two day’s Career Expo 2018 organized by Amity Law Schools
Name of the Student Institution Program Name of the Recuriter
Shivangi Bajpai ALSN BA LLB
Fair Law Practitioners
Animesh Tyagi ALSN LLM
Shweta Singh ALSN LLB ISL Legal
Manas Sayal ALSD BA LLB Military Law Firm
Nisha Chaudhary ALSN LLM Juhi Arora & Associates
Pranav Rattan ALSD BA LLB Tiger & Associates
Ayush Choudhary ALSN BBA LLB
PSP Legal
Sumbul Ismail ALSD BA LLB
Kumar Pradyuman ALSD BA LLB
Vritika Arora ALSN BBA LLB
Tulip Kanth ALSN LLB
Rishabh Gupta ALSD BA LLB
Garva Dhyani ALSN LLB
Veda Legal
Dhriti Sareen ALSN BA LLB
Gaurav Mahur AIALS LLM
Sagar & Sagar Law Offices
Radhika Mohan ALSN BA LLB
Stuti Mishra ALSN BA LLB
Parminder Kaur ALSD BA LLB
Disha Sethi ALSN LLB Lanco Anpara Power Ltd

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Orientation Programme for the Batch 2018 - 2023
Amity Law School Noida conducted Orientation Programme for the Under Graduate and Post Graduate Programmes for the Batch 2018 - 2023 from 16th
to
18th
July 2018. The three day programme started with the welcome of the fresher’s at the reception desk by Mr. Ashwani Pant and Mr. Ajay Raj Singh the
Faculty Coordinators and by Prof. (Dr.) Aditya Tomer, Additional Director, Amity Law School Noida the Admission Process In- charge. As per the tradition
of Amity, the orientation programme commenced with the “Havan” which was attended by the Directors, Institutional Heads, Faculty Members, Staff Mem-
bers, students and their parents followed with the blessings from Vice Chancellor, Amity University, Prof. (Dr.) BalvinderShukla.
The Domain Dean then introduced the students to the campus through a virtual tour, for fostering Amity Identity and to develop appreciation for Amity Jour-
ney and Tradition. An ice breaking session was conducted for the students to develop Belongingness in them and to teach them about Goal Setting. A separate
Orientation Programme was also conducted for the Parents followed by interaction with HoIs/HoDs.
One day two, the Welcome Address and blessing to the students were given by Prof. (Dr.) Balvinder Shukla, Vice Chancellor, Amity University. Prof. (Dr.)
Alka Munjal, Dean (SAA&SS) conducted a session on ‘Academic Philosophy Outcome Based Education, Choice Based Credit System, Academic Plan-
ning Worksheet Flexi Timings and Academic Regulations.’ Then a Proficiency Test was conducted for the students.
A session on ‘Social Engagement and Healthy Relationship’ was conducted by Prof. (Dr.) Sujata Khandai, Dy. Dean Academics which was followed by a
session on ‘Best Practices for meaningful engagement with the support of Mentors and Orientation to Clubs and Committees’ was done by Dr. Alpana
Kakkar, Dy Dean Student Welfare.Dr. Kalpana Sharma, Director ASPESS spoke on the topic ‘Sports and Co-curricular activities critical to the success
of students’ and also talked about the sports facilities available in the campus. Lt. Gen. B. K. Bopanna, DG-AIMES spoke about the Military training facil-
ity in Amity University. Prof. (Dr.) Marshal Mukesh Sahni, Dean Student Welfare conducted a session on Amity Scholarships, Hostel, Ragging, Discipline
and Code of Conduct for the students in the campus.
For providing global exposure to the students and for their Skill Enhancement various courses are offered by Amity University like Study Abroad Pro-
gramme, AUBSI Courses and Value Added Courses which were introduced by the Programme In-charges respectively. The day two concluded with High
Tea for all students along with VC, Pro VC, Overall In-charge Orientation Programme, Dean (SAA&SS), HoIs, DSW, Proctor, Programme Leader and Facul-
ty Members.
The day three began with the Welcome Address by Prof. (Dr.) Aditya Tomer, Additional Director, Amity Law School Noida. Session on the Introduction of
the Programme, its Objectives, Programme Structure, Learning Outcomes, Competencies/Skills and Employability was conducted by Prof. (Dr.) Shefali Rai-
zada, Additional Director, Amity Law School Noida which followed by the Introduction of all the Faculty Members of the Institution.
Group Captain A. K. Saxena gave the introduction of the Corporate Resource Cell (CRC) and spoke about its functioning and introduced his team
members to the students. Then the various Clubs and Committees of the Institution like Debating Society, Entrepreneurship Cell, Gender Justice Cell, Hindi
Manch, Legal Aid Cell, Literary Society, Moot Court Society, Sangathan, Cultural Society and Sap Committee were introduced by the respective In-charges.
Time to Shine: What’s your Talent? this talent hunt activity was conducted for the students which was followed by Community Lunch to inculcate
Amity Tradition.
To explain the intricacies of the profession an interactive session with the industry leaders was conducted by Justice (Retd.) Rajesh Tondon, Ms. Neelu Ma-
halwal, Civil Judge Sr. Division, Noida, Adv. Bharat Chugh, Luthra and Luthra Law Offices and Ms. Swarupama Chaturvedi, Advocate-on-Record,
Supreme Court of India. The alumni Mr. Sarthak Gaur, Associate, Karajawala & Co. and Ms. Aarushi Walia, Associate, Anand & Anand also had
an interactive session with the students. The third day concluded with the declaration of the result of the Proficiency Test and with the announcement of the
commencement of the classes for Bridge Courses.
The three day Orientation Programme successfully completed with the full support and cooperation of all the student volunteers, Faculty Members, Staff
Members, Faculty Coordinators Mr. Ashwani Pant and Mr. Ajay Raj Singh and Student Coordinators Mr. Abhayjeet Singh Kala, Ms. Urvashi Chauhan, Mr.
Satroop Das, Ms. Samriddha Gupte, under the able guidance of the Admission Process In- charge Prof. (Dr.) Aditya Tomer, Additional Director, Amity
Law School Noida.

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Do Women need preferential treatment under law?
Muhammad Ali Jinnah has rightly quoted “No struggle can ever succeed without women participating side by side with men.”
There is no need to discuss the position of women in India because for any socially aware person knows that it is not at all that rosy. Women are
culturally trained to accept whatever is happening to her. They are trained to do adjustment and not to ask for more than what is given to her. History is wit-
ness men denying women the so-called equality. Our religions, our organisations all have deprived women. Women are being supressed and ill-
treated. They are seen only as a sex object. Position and status of women in India is low despite the myth of her being considered as goddess or shakti. She
may be the symbol of Shakti or power, but this power is being controlled by the controlling agent i.e. man. So, woman has lost her own individuality, her
very own right to exist for herself. Social rights, Political rights, Economic stability and judicial strength all are important for a woman and that can only be
provided by law. World Economic Forum has stated that it will take 100 years to achieve equality. This is because women’s equality in terms of education,
employment and power is still an individual rather than a universal achievement.
Majority of women are still forced to accept that inferior status. Preferential treatment does not mean that women are weak. It is neither a charity
even. It is a sort of logical step that will help women to come out of the 4 walls of the houses and unleash their creative and unifying power for the good of
the country. Once a woman uses her power, the society and generations to come are empowered. According to National Crime Records Bureau report every
ten minutes a woman in India reports an assault. Every 21 minutes one of them reports a rape. It is an irony in itself that women are seeking justice against
those men only to whom she herself has given the birth. Every 5 minutes a woman in India is compelled to visit a police station and report a case usually
against her own husband or family. Women with her incomparable quality of calmness of mind can easily handle even the toughest situation. So, law will
provide them that support. People talk about men crimination. But statistics of it are very low as compare to discrimination against women. The situation of
women in India has worsen up to that extent that now they are considered to be only baby farms. So, one has to believe that death sentences are given to
rapists only just to introduce a fear in the hearts of men so that they do not end up raping the foundation of ournation.
It is considered by everyone that a woman should be like a good girl who walks slowly like an elephant and laugh not too loud. Once a woman de-
nied to have a sexual relation with a man, then the acid was poured by that man on her genital parts. So, the condition of woman has become more misera-
ble. Dowry constantly reminds a girl that she is a liability. And condition of a woman becomes more worse when she gives a birth to a girl child. It is also
considered that girls are poorest of poor’s. They are not allowed to take decision in external matters that clearly shows discrimination against woman. In
many places still women are banned from using mobile phones, choosing their own husbands or leaving the house without their heads uncovered. There is
currently no special law in India against sexual assault or harassment and only vaginal penetration by a penis counts as rape. Those who molest women are
only charged for insulting or outraging modesty of women and given punishment of one year or fine or both. So, there is no respect for women and there-
fore no respect for our culture. And as far as law is considered the attitude of people is ‘who cares?’.
A poll of 370 gender specialists around the world voted India to be the worst place to be a woman out of all G20 countries. According to experts, in
India, women and girls are continued to be sold as chattels, married off as young as 10, burned alive as a result of dowry-related disputes and young girls
are exploited and abused as domestic slave labour. Next problem which has declined the status of women is Marital Rape. This brings to us the question if
marriage in India is a contract for legal sex where a man doesn’t need to ask for permission and is free to impose himself on the wife? In many countries it
is penalised but in India, due to extreme religious beliefs and the very sanctity of marriage, it is not still penalised. It seems treating one’s wife as treating
one’s own property. So, all violence within a marriage must be addressed. One cannot demarcate which kind of violence is more severe or which kind of
violence deserves primary attention.
The impact of each kind of violence differs with each survivor. So, laws are very much important to safeguard interest of women. Laws will provide
a legal protection, but these laws will work only if women feel that coming forward will not expose them to further violence and moreover their claims will
be taken seriously. What having such laws do is that it creates awareness and generates conversations. Law is never the only solution. It is backed by train-
ing and increased sensitization. Malala Yousafzai has rightly quoted that we all cannot succeed if half of these are held back. At last it can be concluded
that
India is full of diversity, but one thing that unites every Indian is discrimination against women.
Ms. Vartika Mittal
Course: BA LLB (H)
Lloyd Law College
Greater Noida

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Denial of consular access by Pakistan to Mr kulbhusan Sudhir Jadhav
This is a conflict which had started between an individual and a state and the possibility of its ending is based on relationship between two countries
The major issues of this conflict is denial of consular access by Pakistan to kulbhusan jhadav and the role of international law If we examine India and Pa-
kistan relationship according to Stanley wolpert India and Pakistan born in 1947 and remain in conflict from then the recent case of KY again bring a con-
temporary discourse about some general question that doubt the relationship of India and Pakistan
According to the facts given by Pakistan govt Mr kulbhushan jadhav was arrested on 3rd
march 2016 from Baluchistan situated in Pakistan and
the charges which have been imposed on him by Pakistan govt is of terrorism and spying for the India intelligence agency however India has denied such
allegation and maintained that it has no official links with him and they had also maintains that jadhav is a ex army person and by taking a pre mature re-
tirement from Indian navy he is settled in IRAN and doing his business but he was kidnapped and taken to Pakistan.
However to establish their truth Pakistan also releases some confessional tape of KY where he is agreeing to be a part of Indian intelligence agency
however India questioned on the authensity of the tape according to media house that tape had 52 cuts
After the trail and no consular access to KY the Pakistan field general court martial sentenced jadhav to Death on 10th
April 2017 India’s Ministry
of External Affairs summoned the Pakistani High Commissioner in India, indicating that Jadhav’s execution would be viewed by India as a “premeditated
murder”. In an attempt to save Jadhav’s life, India took the matter to the International Court of Justice (ICJ) in May 2017
In its petition before the ICJ, India charged Pakistan with the violation of the Vienna Convention on ConsularRelations 1963, under which Pakistan
was obliged to allow India consular access to Jadhav.
“In 2008, the two countries signed a consular agreement to provide each other with lists of prisoners who could be exchanged at least twice
a year. Consular visits are made by officials of the High Commission of a country to ascertain that citizens arrested abroad obtain fair trial rights, have legal
and medical assistance, and are treated humanely while incarcerated in a foreign country’s prison.
India also invoked the International Covenant on Civil and Political Rights, under which nobody can be arbitrarily deprived of his or her life and also pro-
vided free trail.
Given the state of political relationship between India and Pakistan, most of such prisoners in each other’s jails are often denied legal and physical
protections. They are treated as enemies on mission and, in many cases; nationalist sentiments are woven around their cases. There are many such exam-
ples. Indian national, Sarabjit Singh, was murdered in a Pakistani jail in May 2013, as a result of a brutal attack by Pakistani inmates in the jail.
PAKISTAN ARGUEMENTS
Pakistan contention that 2008 bilateral agreement on consular access between India and Pakistan would render VCCR redundant and ICJ has no ju-
risdiction because in that treaty both the state had agreed that r8 of consular access shall be subject to the discretion where the arrest was made.
Article 36 would not apply to KY as he is a spy this was rejected by icj on the basis that there is no such provision which mention that Vienna convention
will not apply on spy.
INDIA ARGUEMENTS
India accordingly “seeks the following reliefs in front of ICJ
 Relief by way of immediate suspension of the sentence of death awarded to the accused
 Relief by way of Vienna Convention rights underArticle 36, 1 (b), which states that this is a mandatory responsibility of the nation who arrested the
national of other country to inform them and provide consular access
Article I of the Optional Protocol also mention that whenever there is difficulty in the application and interpretation of international law
issue related with Vienna convention the final right will be given to ICJ
India also claim human rights of an accused which are also to be given effect as mandated under Article 14 of the 1966 International Covenant on Civil and
Political Right
Restraining Pakistan from giving effect to the sentence awarded by the military court, and directing it to take steps to annul the decision of the military
court as may be available to it under the law in Pakistan.
If Pakistan is unable to annul the decision, then this Court to declare the decision illegal being violative of international law and treaty rights and re-
strain Pakistan from acting in violation of the Vienna Convention and international law by giving effect to the sentence or the conviction in any manner,
and directing it to release the convicted Indian National forthwith.”
After hearing the pleas made by both India and Pakistan, the ICJ, in its first part of judgement on 18 May 2017, granted a stay on the execution of
Jadhav till the final verdict The court also indicates and made it clear that both the nation should abide by the decision and both the nation should file writ-
ten pleading till July 2018 ICJ PRESIDENT ALSO said that India should have given consular access as per Vienna convention 1963
Ms. Priyanka Maurya
Course: BBALLB(H)
Galgotias University, Greater Noida

11. 11
Fugitive Economic Offenders Bill, 2017
The Union Cabinet assented to a Bill that is focused for penalizing those who are the offenders of perpetrating in relation with financial crimes in
India and then fleeing the country, as happened in the cases of jeweller Nirav Modi and industrialist Vijay Mallya. The Bill first promulgated in Finance
Minister Arun Jaitley’s 2017 Budget speech and came up in Parliament in the second half of the Budget Session. It has been come up as The Fugitive Eco-
nomic Offenders Bill, 2017, provides for assessing check on economic offenders from eluding by the procedures of Indian Law by living outside the sover-
eignty and command of Indian Courts, thereby maintaining the righteousness of the rule of Law in India.
Need for the Bill
There have been varied occurrences of economic offenders getting away by the jurisdiction of Indian courts, predicting the initiation of criminal
proceedings. The existing civil and criminal provisions in the law are not entirely ample to deal with the extremity of the complications. It is, therefore, rec-
ognizable to approach with an effective, diligent and constitutionally permissible deterrent to ensure that such actions are suppressed.
As Vijay Mallya had left the nation to get far away from being arrested for the economic fraud, Finance Minister Arun Jaitley had promulgated in
last year’s Union Budget that the Government would very recently promulgate Law that would permit the States to take possession of properties or posses-
sions which belongs to such offenders. Just next to the economic offences underwent by the scam done by the Nirav Modi- PNB Fraud which could be cal-
culated of more than ₹12,000 crore, the Union Cabinet without taking much of discussion, consented for the Fugitive Economic Offenders Bill, 2017.
Offences pertaining to the economy i.e. the Economic Offences have their mention in many varied statutes as well as on the Acts too, which in-
cludes- The Indian Penal Code 1860, The Prevention of Corruption Act 1988, The SEBI Act 1992, The Customs Act 1962, The Companies Act 2013, Lim-
ited Liability Partnership Act 2008, and The Insolvency and Bankruptcy Code 2016.
Who is a ‘Fugitive Economic Offender’
A ccording to Section 4(e) of the Fugitive Economic Offenders Bill, 2017, a ‘fugitive economic offender’ can be defined as- “any of the person, in
oppose of whom a warrant for arrest in accordance to a scheduled offence has been issued by any court in India, who leaves or has left India so as to avoid
criminal prosecution or refuses to return to India to face criminal prosecution.”
The Bill provides for the termination of the economic offenders who flee away the nation to get away by avoiding the due procedures pertaining to
Law. Offences which involve the amounts of ₹100 crore or more come under the point of this law. Under Section 4 of the Ordinance of 2018, the Director
appointed under the Prevention of Money Laundering Act, 2002, has the power to move an Application to the PMLA Court for getting a person declared as
a Fugitive Economic Offender. The Director also has the power to inspect, seize, discover and even attach property of such suspect before he/she is de-
clared fugitive economic offences by the competent court. Further, the Director even has the power to forcefully enter into any premises and seize any
property that has been mentioned in the Application made to the PMLA Court.
Benefits: The decree is anticipated to re-establish the rule of law as the summons will be obligatory to recrudesce to India and countenance trial for his
misdemeanor. This would also help the banks and other financial establishments to attain higher recuperation from the financial Levant performed by such
fugitive economic offenders, ameliorating the economic health of such institutions.
Impacts: It is also anticipated that the production of a remarkable forum for an unhesitating expropriation of the pursuance of misdeed, in In-
dia or abroad, would constraint the fugitive to requite to India for submission of the sovereignty of courts in India to bear the law in respect of scheduled or
specified infringement.
India already has many laws that aim to impound the assets of the offenders but they are quite inadequate. They do not take into consideration eco-
nomic offenders who breakout prosecution by fleeing from the nation. The Code of Criminal Procedure demands for attachment of proclaimed offenders
who involves traffickers in narcotics, smugglers, foreign exchange offenders, etc. The experimental execution incorporates several methodical extensions,
which will be restorative in the new Bill. The Bill is anticipated to act as a crucial impediment for such bug transgression due to the vengeance is involved.
It leads to an expropriation of not only the possessions that are proceeds of the crime but even more of properties. So, there is no breakout from prosecu-
tion.
The Bill has been drafted in accordance with the provisions of the UN Convention against Corruption that contributes for the procreation of national
laws that will penalize offenders without criminal conviction when the prosecution is not possible due to death, flight or absence.
The property remains secured up to the spell or the duration for the maximum of 180 days when the person can come for trial or can file an appeal against
the order of annexation. Rather, by making the activities time-bound, the chance of procedural detain is retrieved.
Mr. Shikhar Shrivastava
Course: B.A.LL.B (H)
Indore Institute of Law

12. 12
Indian Judiciary: Need for Development
Someone has rightly said, “It is the spirit and not the form of law that keeps Justice alive”.
Indian Judiciary, the Sole Guardian of our rights in recent years has moved towards the path of development due to the current scenario in which
society is evolving and individuals are actively involved in enforcing their interests. In earlier times people were ignorant about their claims because of in-
sufficient knowledge, lacking of awareness, court fees being exorbitant and many other reasons. So, because of these reasons Indian Judiciary has been pro-
ceeding in the direction of reforms and adopting and implementing positive measures for the betterment of the Judiciary as well as of the society.
The first and foremost thing judicial organ should do is pendency of cases must be reduced. It can be done in such a way that parties in a suit can opt
for ADR i.e., Alternative Dispute Resolution by the suggestion of court of Justice in which the suit will be decided by a third party out of the Court by ne-
gotiation and by the mutual consent of the parties and through this a reasonable outcome can be achieved.
Another approach to scale down the pending cases should be the number of judges on a number of people should be increased so that the burden on
the courts as well as judges will be reduced. Currently in India the ratio of the number of judges as compared to number of people is way too less. In 1987,
the law commission of India pointed out that the judge population ration in India was only 10.5 judges per million population, while the ratio was 41.6 mil-
lion in Australia, 50.9 in England, 75.2 Canada and 107 in the United States. The commission recommended India required 107 judges per million popula-
tion.
An important step of judicial organ which will be vital in the path of development is MOBILE COURTS. Many a times, population living in rural
areas were sometimes being deprived of justice owing to lack of awareness, illiterate of their claims, court fees being high and so many other reasons. Gen-
erally, people go to court to get justice, but with the help of this provision court will come to the people. The concept of Mobile Courts came to light on 4th
October 2007 by Chief Justice of India K.G. Balkrishnan, Union law minister H.R. Bhardwaj and Chief Justice of Punjab and Haryana High court Virendra
Jain in Mewat district in Haryana. As a result, the population living in village areas will get quick justice and the burden of cases in the courts will get re-
duced.
` One crucial footstep of Indian Judiciary in the direction of progress is that the number of working days should be increased because in India Su-
preme Court works for 170 days every year. This rises the pendency of cases because when the proceeding of a case is going on, it comes to a standstill due
to festivals, medical leaves or Judge of that particular case gets transferred which influences the motion of a case and the new Judge had to look atthe facts
and issues of that case once again which halts that case for some days and Justice gets delayed. If the Judicial organ is obliged to be evolve, then they
should make sure that the Supreme Court and High Court is working for more than 200 days (including Saturday). The district court should also work for
more than 250 days, which will make a big difference on the pendency of cases.
Another major vestige of Indian Judiciary towards advancement should be establishment of E-courts. Generally, in a case litigant face many prob-
lems, including what is the status of their case, sometimes their file of case gets missed, unnecessary delaying of dates by the lawyers. So, due to these
problems Ecourts came into limelight. The E-court is basically a location where matters of law are adjudicated by qualified judges and also which has tech-
nically good infrastructure. But it is different from a computerised court in which basic level of hardware and software is used. The primary objective of E-
courts is to make the justice delivery system transparent, time-saving, efficient, quick and responsible by the limiting the use of papers. This will result in
making the court processes affordable and reasonable. E-courts are intended to make the legal processes user friendly and accessible. In an E-court the
work is accomplished digitally and information that is shared and generated is stored as a database and synced to a particular software. It will result in the
litigants, judges and advocates will get easier and quick access. The key advantage of E-court is that Justice delivery mechanism will be clear, paper less,
protecting the interest of the witness and most importantly reduces the number of unscrupulous activities. India’s first E-court was opened in Hyderabad
High Court by Supreme Court Judge Madan B. Lokur in 2005.
China has recently implemented a new idea or concept in its judicial organ called online courts. Online courts can be simply understood as the hear-
ing of matters of law through video conferencing in which litigants as well as advocates don’t have to be present in court, but rather the hearing will be
done online by the Judges through computer or smartphone and the decision will also be delivered online on their Email-address. In this court the hearing
of matters like fraud in online shopping, banking transactions, breach of contract, loans, etc., will be done online. Likewise, Indian Judiciary should also
work to introduce the online courts in India. It will cut down the pendency of cases in the manner that the court proceeding will get faster and they will get
accelerated justice.In the end, all I want to convey is by implementing these measures, our Indian Judiciary will head towards a positive change which in
future will result in stronger laws and better implementation which in turn will be good for our society.
Ms. Nikhil Verma
Student: B.A.LL.B (H)
Indore Institute of Law

13. 13
Contracts of Software Companies Agreements
An “agreement” is defined under section 2(e) of the Indian Contract Act, 1872 as “Every promise and every set of promises, forming the consideration
for each other, is an agreement.” An agreement is either a single promise or group of promises, and therefore it appears that an executed consideration would
not be reckoned as an agreement. There are two elements of an agreement: Offer (Proposal) and Acceptance. Unless the proposal is communicated to the per-
son to whom it is made, it is not complete. An agreement is said to be complete when there is a conclusive communication of offer and acceptance.
Software contract is defined as a contract between a vendor or a programmer and the customer, that stipulates the right to the customer to use the software of
a vendor with certain conditions applied onto it. There are many types of contracts between the service provider companies and the clients which differ from
one company to another, like Business Associated Contracts, Software Maintenance Contracts, and License Contracts etc. Broadly categorizing, there are two
main types of contracts:
1. Time and Material contract
2. Fixed bid contract
Time and Material contract is defined as, an arrangement under which a contractor is paid on the basis of (1) actual cost of direct labor, usually at
specified hourly rates, (2) actual cost of materials and equipment usage, and (3) agreed upon fixed add-on to cover the contractor's overheads and profit.
Fixed bid or Fixed price contract is defined as, a contract that provides for a price which normally is not subject to any adjustment unless certain provisions
(such as contract change, economic pricing, or defective pricing) are included in the agreement. A fixed price contract always places minimum administrative
burden on the contracting parties, but subjects the contractor to the maximum risk arising from full responsibility for all cost escalations.
Essentials of a Contract between Software Companies
 An agreement needs to be there between the parties.
 A document “Statement of work” is drafted when two parties come into contract.
 Acceptance procedure must be followed. It means that the client must clearly communicate the acceptance to the service providers within the prescribed
guidelines.
 “Warranty” is one of the most important aspects of the software agreements.
 Indemnification guidelines should also be prescribed.
 Limitation of liability should be there. It means that if service provider fails to provide services, liability cap is decided, as to what extent a liability can
arise.
 Termination of a contract clauses
 Dispute Resolution Policies
 IP(Intellectual Property) is to be protected
Some important conditions:
 Termination policy: To terminate a contract means to end the contract prior to it being fully performed by the parties. Liability of the parties for
the breached of the contract prior to its termination subsists. Termination of a contract is to discharge the parties from their unperformed obligations in the
contract. There are three types of terminations: 1) termination for cause; 2) termination without cause or termination for convenience; 3) forced termina-
tion.
 Warrant: Warranty section deals with the promise that is given by the licensor to the licensee regarding the performance of the software. A li-
censor typically wants to limit what they promise in their warranties. A licensee always wants that: 1) licensor owns the software or has license to use it;
2) software will work; 3) software doest have any harmful code.
 IP protection policies: Innovation in software products can be protected as intellectual property, usually either through the use of copyrights or
patents. Copyrights, generally, protect the expression of an idea. India does not protect software through patents because under Indian law, software tends
to fall into established unpatentable subject matter. Indian law mainly protects its innovative software development through copyrights. Copyright protects
the literary works. “Literary work”, defined in Section 2(o) of The Copyright Act, 1957, includes computer programs, tables and compilation including
computers.
 Indemnity: “Indemnity” means payment by way of compensation so the above could be read to mean “a promise to pay for any loss if the fact warranted
proves untrue”. The purpose of indemnity are: (1) provides a contract remedy to supplement other remedies, including any tort or common law remedies;
(2) can be used to shift the risks; (3) allows for the recovery of reasonable attorneys fees, defense costs, investigation expenses, discovery costs and court
costs.
 Dispute Resolution Policies: The contract must clearly lay down the provisions for the dispute resolution techniques which are to be applied
whenever any dispute arises between the parties. Dispute resolution techniques should be in accordance with both the parties and must bring a conclusion
to the dispute. Apart from litigation, there are other techniques as well for solving a dispute which are termed as Alternative Dispute Resolution. Certain
dispute resolution techniques are:
 Negotiation
 Mediation
 Conciliation
 Adjudication
 Arbitration
 Litigation
 Negotiation is the most common form of dispute resolution as it is fast, cost saving, confidential and has range of possible solutions. Arbitration is also a
preferred option for resolving a dispute. Companies hardly prefer to go litigation as it is very costly and time consuming as well. Litigation is considered
as the last resort for solving a dispute. Therefore, companies prefer solving the disputes using the techniques apart from litigation.
Ms. Yashi Goel
BA LL.B. (H)
Galgotias University
Greater Noida

14. 14
From Competitive to Cooperative Federalism
With the introduction of two new concepts in the recent years i.e. GST (Goods & Services Tax ) and NITI Aayog ( National Institution for Trans-
forming India), the movement of transformation of Indian Federation towards Cooperative federalism has triggered. Indian Federalism is referred to as ‘an
indestructible union of destructible states'. Initially, when Indian federation was in a budding process, competitive federalism was in existence i.e. a spirit of
competition and rivalry between state and center. But, with the passage of time this competitive federalism is transfiguring into cooperative federalism.
Cooperative federalism is a term which has an essence of cooperation amongst the constituents and above all the cooperation between the center and federal
units (or the states).
The concept of cooperative federalism has been widely adopted in India because of many factors, out of which, money is one of the strongest mo-
tive force. Also, factors like exigencies of war, when national effort takes over the center-state division of power, technological development and the wide-
spread concept of social welfare state also triggered the spreading of the concept of federalism.
The Indian constitution was formed after the formation of three major federations i.e. USA, Canada and Australia. And, so the framers of the Indian consti-
tution took due note of emerging trend of cooperative federalism and accordingly incorporated several provisions in the Constitution to promote coopera-
tion and coordination between a center and other states and states and states. And even in the recent years, efforts are being made by the competent authori-
ties to diffuse this concept.
In order to know how the cooperative federalism is growing in India, various provisions shall be discussed. Firstly, taking a glance at the various
provisions and articles embedded in the Constitution of India:
Article 249: This article gives power to the parliament to legislate on a matter in the state list when it is required to do so in national interest.
Article 252: Under this article, the parliament may legislate for two or more states by consent and adoption of such legislation by any other state.
Article 354(1): This article enables the president to modify provisions of distribution of revenues between the Union and the State (article 268-279),
while a proclamation of emergency is in operation.
Article 282: Under article 282, both center and states are able to make any grants for the public purpose even if they are not within their legislative com-
petence i.e. the scheme of grants- in- aid is embedded in this article.
Article 312: This article provides provisions for All India Services to strengthen the central-state administrative relationship.
Secondly, Full Faith and Credit clause in Article 261 of the Constitution of India provides that full faith and credit shall be given throughout the ter-
ritory of India to all the public acts, records and judicial proceedings of the Union and of every State. This is a step to promote cooperation and faith be-
tween the center and the states.
Thirdly, scheme about the creation of Inter-State Council Article 263 provides that the President may by order appoint an Interstate Council if it ap-
pears to him that public interest would be served by its establishment. The President may define the organization, procedure, and duties of the Council.
Fourthly, the 5 Zonal Councils were introduced in India by the States Reorganisation Act, 1956 as an instrument of intergovernmental consultation and co-
operation mainly in socio-economic fields and also to address the growth of controversies and particularistic tendencies among the various States.
Fifthly, for handling river water disputes, Article 262 empowers Parliament to provide by law for adjudication of any dispute or complaint with respect to
the use, distribution or control of the waters of any interstate river or river valley.
And, lastly, the latest developments like GST and creation of NITI Aayog have definitely have flourished the concept of cooperative federalism in
India- University Grant Commission for promotion and coordination of university education and maintenance of teaching, examination and research in the
university. Formation of NITI Aayog ( policy-making think tank of government ) on 1st Jan 2015 replacing the planning commission, to foster the cooper-
ative federalism by giving equal opportunities and representation to the states in policy formation and decision making. Introduction GST( Goods and Ser-
vices Tax ) and GST Council, has led to ‘One Tax One Nation' concept by bringing taxation system, representation to all the states in GST council and led
to cooperation between different states and union by sharing tax administration. It is considered to be the greatest reform in the fiscal history of India. Intro-
duction of GST has definitely spread the spirit of cooperative federalism as under GST both the Union and the State governments to sacrifice their fiscal
autonomy in favor of a collective decision-making process. Also, the 101st amendment of the constitution added some new articles related to GST which
are as follow:
Article 246(A): By the insertion of this article, both union and states now have concurrent powers to make law with respect to goods & services.
Article 269A: This article says that in case of inter-state trade, the tax will be collected by the Government of India and shared between the Union and
States as per recommendations of the GST Council.
Article 279-A: this article talks about the constitution of the GST Council within sixty days from the act coming into force. Council will foster federal-
ism as the council provides representation to each state as one nominated member from each state will be part of this council.
Ms. Aditi Srivastava
Course: BALLB (H)
Institution: Law School, Banaras Hindu University

15. 15
Time to recognise women autonomy in the marital sphere
‘Murderer kills the body but the rapist kills the soul’
Justice Krishna Iyer in Rafique v. State The above observation made by the Justice Krishna Iyer in Rafique v. State truly depicts the horrific nature
of the rape which is punishable under Indian Penal Code 1860 but it takes a more gruesome form when a married woman can’t have any remedy if it is
committed by her husband against her will. The definition of rape remains the same i.e. having the sexual intercourse without the consent. When it is com-
mitted under the institution of the marriage it becomes marital rape, it is the rape committed by the person to whom the victim is married i.e. having a sexu-
al intercourse with the wife against her consent. The sexual acts include intercourse, anal or oral sex, forced sexual behaviour with other individuals, and
other sexual activities that are considered by the victim as degrading, humiliating, painful, and unwanted.
Exception 2, of the section 375 of the Indian Penal Code exempts the marital rape; possible reason of it could be as the draft of the Indian Penal
Code is based on the common law. Black stone in his commentaries had said that husband and wife are one in which the former has implied consent of the
latter and from the Indian context criminalisation of the marital rape will destabilise the institution of marriage and abrogate the sanctity of marriage. These
possible suggest that the very being or legal existence of the woman is suspended during the marriage, or at least incorporated and consolidated [into her
husband]. However; in contemporary in India it is opposed to the concept of the Fundamental Rights guaranteed under Part III of Indian Constitution. It is
opposed to the concept of the equality before the law, equal protection of law guaranteed in Article 14 of the Indian constitution, it fails to satisfy the test of
reasonable classification as marriage cannot be a valid ground of reasonable classification where women cease to have her rights after marriage, it also fails
to pass the rationality test as the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital
status.
Right to life also includes right to live with dignity this has been reiterated by the Supreme Court in case of Francis Coralie v Union Territory of
Delhi and Bandhua Mukti Morcha v Union of India, marital rape exemption and sexual relation without the consent is against the right to live with dignity.
In case of The Chairman, Railway Board v Chandrima Das , it has been expressly recognised by the Supreme Court that the offence of rape violates the
right to life and the right to live with human dignity of the victim of the rape. The right to bodily self-determination can also come under the ambit of Article
21. It is based on the belief that the individual is the ultimate decision maker in matters closely associated with her/his body or well-being and the more in-
timate choice. Sexual relationship is one of the most personal choice that a woman reserves for herself. Choices related to sexual intercourse is a form of
self expression and self-determination. If the law tries to sabotage this right, it definitely deprives a woman her constitutional right of bodily self-
determination. Right to Privacy is also a fundamental right. It is the right to be left alone; it safeguards individual autonomy and recognizes the ability of
the individual to control the vital aspects of his or her life. Person choices governing a way of life are intrinsic to privacy. The ability of an individual to
make choices lies at the core of human personality. The notion of privacy enables the individual to assert and control the human element which is insepara-
ble from the personality of the individual. The inviolable nature of the human personality is manifested in the ability to make decisions on the matters inti-
mate to human life. Any form of forceful sexual intercourse violates the right of privacy, sexual privacy and the doctrine of marital exemption to rape vio-
lates a married woman’s right to privacy by forcing her to enter into a sexual relationship against her will. Supreme Court has recognized in the case of
Maharashtra v. Madhukar Narayan that every woman is entitled to her sexual privacy and it is not open to for any and every person to violate her privacy
as and whenever he wished. In case of Harvinder Kaur v. Harmander Singh, Delhi High Court while deciding on the restitution of the conjugal rights
opined that there is public-private sphere and fundamental rights cannot be enforced in private sphere. It could be validly summed up that, there is an im-
penetrable sphere i.e. ‘marital sphere’ or ‘marital privacy’, though rape is a violation of fundamental right of a woman but it has no applicability in the pri-
vate sphere because of the non-applicability of the constitutional law. This approach has always been criticised by some of the feminist revolutionaries, to
ensure women’s equality and security, the state must cross the private boundary of home and family and regulate the distribution of power within that
sphere. In the recent right to privacy judgement, Justice D.Y. Chandrachud has held ‘these have decided a woman has a right to bodily integrity, sexual au-
tonomy and reproductive choice.’ In Puttaswamy case Justice Chandrachud had held, ‘must not be utilised as a cover to conceal and assert patriarchal
mindsets.’
With the recent judgement of Puttaswamy it is clear that women have ‘sexual autonomy’ in marital sphere and marital rape exemption is against the
procedure establish by law and it should be criminalise.
Mr. Shivang Tandon
B.A. LL.B (Hons.)
Faculty of Law, Banaras Hindu University Varanasi.

16. 16
Upcoming Events:
 Fresher's Party (Batch 2018-23): September 2018:
 Crimean (Criminal Law Conclave): September 07, 2018:
The Conclave provides a unique opportunity to law students all over the country to exhibit and cultivate their interests in criminal law by
participating in diverse kinds of competitions like legal quiz, debate, legislative drafting and essay writing, which are being organized as
part of this event.
 2nd Amity National Alternative Dispute Redressal Tournament 2018: September 27-28, 2018 : It is a simulation of the conventional
dispute resolution mechanism organized at Amity which allows students from various universities across the country to showcas e
their skills on a given situation
We invite valued content on varied aspects of Law from:
 Faculty Members and students from Amity Law Schools Noida and other AUUP Institutions
 Faculty Members and students from Universities and Institutions across India
 Researchers, Legal Professionals and career experts
Student Editorial Team AmiCode
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Guidelines for the writers:
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