AmiCode E newsletter, March 2019, Amity Law School, Noida

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AmiCode
AmiCode/Mar 2019/Volume#1/Issue#10 Amity Law School, Noida

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Student Reporters:
Ms. Mehr Bajaj
Ms. Muskan Ahlawat
Ms. Tanishka Roy
Ms. Shriya Tripathi
Student Photographer:
Mr. Jaskaran Singh Bhandari
Mr. Raghav Sehgal
(Shutterbugs ALSN)
Dr. D.K. Bandyopadhyay
Chief Adviser (FPO, Amity Group)
Chairman-Amity Law Schools
Amity University
Uttar Pradesh
Prof. (Dr.) S. S. Singh
Dean Faculty of Law
Advisor ALS,AJA,ALF,AUUP
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
Addl. Director/Jt. HOI
Amity Law School Noida
Amity University Uttar Pradesh
Editor
Dr. Lekha Rani Singh
Assistant Professor
Student Editorial Team:
Ms. Akansha Srivastava
Mr. Khajit Thukral
Ms. Mansi Dhaka
Ms. Avni Agarwal
Ms. Mehr Bajaj
Ms. Muskan Ahlawat
Student Technical Support:
Ms. Avni Agarwal
Articles/Views/Poems/Interviews/Short Stories
Email id: lrsingh@amity.edu
Contact Address: I 3 Block, Second Floor,
Room No. 203

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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 en-
hance 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
capturing 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
Dean Faculty of Law
Advisor ALS,AJA,ALF,AUUP
Message from the Dean:

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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
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 legal professionals to express their views. As an Amitian, I am sure
that all our students 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.
Dr. Lekha Rani Singh
Assistant Professor

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International Conference on “Comparative Constitutional Law - Comparing and Contrasting the Constitutional Models of
India and Australia”
Amity Law School, Noida, Amity University Uttar Pradesh in collaboration with Adelaide Law School, University of Adelaide, Australia or-
ganised a two-day International Conference on “Comparative Constitutional Law – Comparing and Contrasting the Constitutional Models of India
and Australia” from 14th
to 15th
February 2019 at Amity University Noida Campus. The conference was held to discuss the laws of both the countries and
amendments that could be made to ensure better and more precise judgments. Veterans from the field of Law, from both the countries, were present during
the inaugural ceremony of the conference. Keynote speakers from Australia included – Dr. Paul Babie, Associate Dean, Adelaide Law School; Dr. David
Goodwin, Director, Graduate School of Business and Law, RMIT University, Australia; Dr. Alexander Christoph, Associate professor, O.P Jindal
Global University, Sonipat and Dr. Joshua Aston, Associate Professor, Edith Cowen University, Western Australia.Other Keynote speakers were –
Dr. S.K Bhatnagar, Vice-Chancellor, Ram Manohar Lohiya National Law University, Lucknow; Dr. Nishtha Jaiswal, Vice-Chancellor, National
Law University, Shimla amongst others.
Dr. Dilip Kumar Bandyopadhyay, Chairman, Amity Law School, in his inaugural address, said that the conference is going to be a great learning
experience for all the law students as they would be exposed to the foreign perspective about law. He apprised that the Indian Constitution has seen regular
amendments because of the rapid changes that have taken place in the field of science, technology and the society itself. He exclaimed that in order to in-
crease our efficiency we must learn from the judgements and laws passed by other countries and make the necessary amendments.
Sharing his views over the Constitution of both the countries, Dr. Manoj Kumar Sinha, Director, Indian Law School, New Delhi said that the
constitutions of India and Australia have many similarities like the Parliamentary System, the Court of Law and a Federal setup. Giving detailed information
about the Indian Constitution, Dr. Sinha said, “Our Constitution is extremely inspiring and motivating because of the fundamental rights given to the citizens
and also the Directive Principles of State Policy. These factors make our constitution more liberal in nature.” He apprised that earlier we used to take almost
50% refences from foreign jurisdictions however in the current scenario, we mostly consolidate on our indigenous jurisdictions and cases. Citing an example
of Refugee law in India as well as in Australia he said, it is simpler to enter India as a refugee compared to Australia who have very stringent rules and regu-
lations.
Dr. Nishtha Jaiswal, Vice-Chancellor, National Law University, Shimla, very firmly expressed that all of us owe our existence to the Constitu-
tion. According to her, the constitution lays the foundation of a country. In her speech, she made references of several cases and jurisdictions which totally
revolutionized the judiciary system of India. She called upon the audience that irrespective of our nationalities we all need to defend and abide by our Con-
stitution because our very identity depends on it.
Dr. Paul Babie, Associate Dean, Adelaide Law School, University of Adelaide reiterated the commonalities that exist between the constitutions of
India and Australia. He said that this similarity is because of the same British inheritance. He expressed that not only scholars and jurists but also the stu-
dents and faculties can sharpen their understandings of Constitutional laws and legal system of both the countries through the conference.
Through a presentation, Dr. Alexander Christoph, Associate professor, O.P Jindal Global University, Sonipat shared statistics which depicted
self-dependency of both the countries on their own indigenous citations and references of various cases. He asserted that there is a need for comparative le-
gal research to assist Australian counsel and judges in making greater use of Indian precedents. He also added that both India and Australia can learn a lot
from each other’s Constitution and their amendments.
Expressing his thoughts during the valedictory session the Chief Guest, Hon’ble Justice Deepak Gupta, Judge, Supreme Court said that in a
world of growing economy and trade, it is extremely necessary to communicate in order to understand each other’s laws and cultures. According to him, one
of the most important (unmentioned) rights in India was the Right to Dissent. He appealed to the youngsters to strongly defend their ideas but at the same
time be open to other persons’ convictions and opinions. “We need to have an accommodating approach and refrain from being intolerant” he added. He
concluded with an advice to the young aspirants in the field of law, “Accept that others have a right to disagree with you.”
Expressing her opinion, Ms. Geeta Luthra, Senior Advocate, Supreme Court, said that the courts, all over the world, have huge responsibilities
on their shoulders and play a balancing role in the society. She reiterated the commonalities in law that India and Australia have shared as oriental countries.
Justice Prateek Jalan, Judge, Delhi High Court, expressed his gratitude to the organizers for choosing such a unique topic for discussion. He said
that knowledge and acquaintance to the Constitution and laws of other countries help us in getting a better understanding of their traditions, hierarchical
framework and laws. He apprised that the Australian Constitution is relatively more rigid that the Indian Constitution. He said that when we think of the
similarities and dissimilarities of the Constitution and laws, we must bear in mind the limitations imposed on them, by our culture and society.
Justice Chander Shekher, Judge, Delhi High Court and Mr. Prashanto Chandra, Senior Advocate, Supreme Court also lent their valuable ad-
vice to the students. The award for the best paper on Comparing and Contrasting the Constitutional Models of India and Australia was bagged by
Christopher Piggott from University of Queensland, Brisbane.
The distinguished Guests of the Inaugural Ceremony Release of the Souvenir by the distinguished Guests of the Valedictory Ceremony

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India Qualifying Rounds of Global Legal Hackathon 2019
Amity Law School, Noida jointly organized the India Qualifying Rounds of the Global Legal Hackathon, 2019 on 24th
February 2019 at Amity Uni-
versity, Noida Campus. It is a global event organized in more than 22 countries with over 5000 participants contending to achieve a spot in the Global Com-
petition to be held in New York, USA on May 24th
, 2019. The competition is organized in 3 levels: The first being the qualifying round of different coun-
tries, the second will be the online round to be held on 15th
March, 2019 and then the final round in May.
The Chief Executive Head of the event, also the Addl. Director/Joint Head of Amity Law School, Noida was present with all the participants and en-
couraged them with their ideas throughout the 3 days and gave valuable insights on their projects. The General Secretary of the event, Mr. Akshay Sapra,
also a partner at Ardent Legal Firm along with mentors from various companies like Sparklin, Taxmann, 3M, etc, added to the whole event by staying
throughout the Hackathon in activities like the pitching of the ideas, the presentation and the whole brainstorming process.
The event started with the registration of over 15 teams on 22nd
of February, 2019 who learned about the format of the event and presented a 60-
second pitch to the mentors with whom they worked for 2 days on the idea and eventually 7 teams reached to the final 5-minute pitch in front of the judges
on 24th
February, 2019. The judges for the event were Mr. Akshay Sapra (Partner at Ardent Legal), Mr. Sanjay Nagi (MD Market Insights Consultants), Ms.
Monica Suri (Assistant Professor, Amity Law School, Noida), Ms. Ritu Grover (CEO, Global Helpdesk), Mr. Varun Dhingra (CEO, Renous Consulting),
Mr. Nimish Puri (CEO, 3M).
The guest for the valedictory of the event was Prof. (Dr.) D.K. Bandyopadhyay, Chairman of the Amity Law Schools who gave valuable feedback to
the participants. He said that this event is a very innovative format and Amity can become the centre of its progressive nature. Amity is the pioneer institute
to have provided this platform where Law with Technology can came together to provide feasible solutions in for the legal fraternity and be able to create a
setup that would help large number of people. This is the first event of this kind and stature which is being organized anywhere in India and with its kick
start like this it has a long way to go.
The qualifying teams for the next round were Koncord Law, Daya Legal, Delegatus & E-Barristers who will participate in the Online Round held on
15th
March, 2019.
Further, there was a release of Souvenir by the guest and the judges.
The event ended with the Vote of Thanks by Ms. Swati Kaushal, Executive Faculty Convener for the event.
A Glimpse of the Event

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3rd
Amity National Hindi Moot Court Competition 2019
To promote the Hindi language and impart legal knowledge amongst budding legal professionals, Amity Law School Noida organized 3rd Amity
National Hindi Moot Court Competition -2019 on “Adoption Laws and Criminal Laws” at Amity University Noida campus. The objective of the Moot
Court Competition was to envisage and hold the traditions and philosophy of law at grass root level with particular focus on Hindi which is an official lan-
guage of District Courts in 11 states of our Country including Uttar Pradesh, Rajasthan, Bihar, Madhya Pradesh and Uttaranchal. This year, the competition
witnessed the participation of around 30 teams from prominent law universities and colleges across the Nation including Delhi University, Christ University,
Bangalore, National Law Institute University, Bhopal, Hidayatullah National Law University and Aligarh Muslim University amongst others.
Addressing the gathering, Mr. Ramesh Chandra Ratan, PSC Chairman- Ministry of Railways, Senior Counsel Supreme Court of India and
National Senior Vice President BJP said that language plays an important role but can also act as a barrier in getting justice, if a person is not able to ex-
press the case like filing FIR, understanding the arguments in court, judgments etc. He shared that earlier, India was referred as a Golden Bird but with adap-
tation of western culture, India is losing its identity, essence and traditions. He apprised that now a days, many foreigners are embracing the Indian culture
and Hindi language, thereby; Indians must realize the importance of their mother tongue and roots.
Ms. Monika Arora, Advocate, Supreme Court of India and Standing Counsel in Delhi High Court for Army, Navy, Air Force, BSF, CRPF,
CISF and other Para-military forces. Additional Standing Counsel JNU lauded Amity for organizing Hindi Moot Court which is an important step to-
wards promoting the language in the profession. She pointed out that the vested interest of few stakeholders of the country is not to promote the language so
that the citizens will not be able to understand that the laws are meant for their succor. Calling English as a complex language, she apprised that many cases
in courts are get delayed as clients are unable to understand the language and usually sign the paper or agree to an argument without understating its mean-
ing which subsequently, complicates the case. Ms. Arora mentioned “The language doesn’t come alone; it comes with a culture and civilization. A person
can learn about the country, its history and culture in a better way when taught in the mother language.”
Speaking on the occasion, Hon’ble Mr. Justice Prabhat Chandra Agarwal, Former Judge, Madhya Pradesh High Court laid emphasis on giv-
ing due weightage to both the languages, Hindi and English, in legal profession since India is a vast nation with many languages hence, some may not un-
derstand English but there are people who are not well versed with Hindi language. He further added that the legal books are not properly translated in Hindi
which makes it difficult to refer them while having arguments in court.
Motivating the budding legal professionals, Dr. Ashok K Chauhan, Founder President, Amity Education Group encouraged the students to as-
pire for a successful career and work with utmost dedication and persuasion to achieve it. He congratulated the participating teams and said that participation
in such competitions will lay the foundation for success.
Addressing legal professionals as social engineers and healers, Ms. Aishwarya Bhati, Additional Advocate General, State of UP for Supreme
Court of India said that lawyers play a very significant role in bringing positive change in the society. She remarked that law education is not only about
studying legal acts and facts but it imbibes the sentiment to work for a better world. Ms. Bhati advised the students to work with morale and values since the
client puts in his or her complete faith on the lawyer and is expected to bring justice.
Winner – Damodaram Sanjivayya National Law University (DSNLU), Vishakhapatnam
1st Runner-up – Delhi Metropolitan Education
2nd Runner-up – Team from Faculty of Law, Lucknow University
Best Memorial Award – Team from Faculty of Law, Lucknow University
Best Researcher – Ms. Akanksha Singh from Aligarh Muslim University
Best Speaker – Mr. Trivakam from Guru Gobind Singh Indraprastha University
Dr. Ashok K Chauhan, Founder President, Amity Education Group
addressing the gathering Felicitation of the Chief Guest
Ms. Monika Arora, Advocate, Supreme Court of India and Standing Counsel
in Delhi High Court addressing the gathering
Damodaram Sanjivayya National Law University (DSNLU), Vishakhapat-
nam Winner of the Competition

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International Symposium on “Dialectic Reflections on the Position of Women in the Twenty First Century India: A step
towards Right to Equality”
On the occasion of International Women’s day, Amity Law School Noida organized International Symposium on “Dialectic Reflections on the Posi-
tion of Women in the Twenty First Century India: A step towards Right to Equality” at Amity University, Sector 125 Noida. The objective of the symposi-
um was to create awareness amongst people regarding the changing social and political landscape in India, a step that will enable women to successfully
take on orthodox elements in their community.
Lamenting over the increase of acid attack crimes against women, Acid Attack Survivor and Consultant, Acid Watch Cell, Delhi Commission
for Women Ms. Shaheen Malik stressed that despite the order of Supreme Court towards monitoring the sale of acid, it is easily available and sold. She
asserted that unless there is a proper restriction on sale of acid at retail shops, there will not be a drop in acid attack crimes. She further talked about the rul-
ing of apex court that has mandated free treatment for acid attack victims but its implementation is very rare. “Several hospitals decline admission to the vic-
tim or hey try to just save the life of the person rather than providing an efficient cosmetic surgery, if they come to know that the treatment has to be provid-
ed free of cost.” she shared.
Ms. Malik apprised that not many victims are aware about their rights such as receiving free treatment, compensation etc. since their rights are ex-
ploited. She remarked that over a period of time, stricter laws and favorable schemes have been introduced but there has been minimal implementation on
ground.
Ms. Malik advocated the need to sensitize the judiciary, police and doctors towards dealing with acid attack cases. She added that in many cases, a
victim has to be prove at court that they have suffered from acid attack due to lack of proper case filing by Police at initial stages. She also demanded for
establishment of well-equipped hospitals in every state to treat acid attack victims.
Ms. Shaheen Malik was accompanied by Acid Attack Survivor Gulnaaz Khan who reciprocated the idea of better implementation of laws to de-
crease acid attack crimes.
Advocate Fazal Abdali, Advocate Activist for Refugee Women Cause shared that the larger population of refugees around the world are women
who face lot of problems while seeking asylum. It has been witnessed and noted that the rights of refugee women are often violated and they are tortured,
raped and murdered by the agents (who promise to help them) or officers or even, by locals of host countries. He emphasized that lack of awareness about
their rights and fear of being refugees, make these women vulnerable towards the heinous crimes meted upon them and hence, they fail to report it.
Advocate Faizal said that since independence, India has been host to millions of asylum seekers from various countries but due to lack of formulated
national refugee laws leading to catastrophic incidents. He averred that there is a need to have direct and firm refugee laws to deal with the huge refugee
population with uniformity and equality.
Prof. (Dr.) D.K. Bandyopadhyay, Chairman, Amity Law Schools shared that this symposium was organized with an aim to raise awareness about
Women Rights and their struggle to achieve equality while also highlighting their social presence in the twenty first century in India. Dr. Bandyopadhyay
averred that the need to of the hour is bring forth certain changes in our legal frame work to promote Right to Equality since no country can progress unless
every citizen is provided with equal human rights.
The Symposium received more than 120 abstracts from across the nation including from various eminent law colleges such as Faculty of Law, Delhi
University; Aligarh Muslim University; Symbiosis Law School, Hyderabad; Bhartiya Vidyapeeth, Pune; Jamia Millia Islamia and Karnataka State Law Uni-
versity amongst others. After thorough screening, 24 papers were selected for presentation.
During the Valedictory Ceremony, the first prize for ‘Best Paper’ was conferred upon Ms. Rashi Rohiya and Ms. Rashi Srivastava from Amity Law
School Gwalior, the second position was bagged by Dr. R S Kaul from Amity Law School Noida and Advocate Parineeta Agal won the third prize.
A Glimpse of the Event

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“Gaurvi” - A Revolutionary Step towards Community
Outreach and Gender Awareness
On the occasion of “International Women’s Day”, Amity Centre
for Gender Justice and Child Rights, Amity Law
School, Noida organized “Gaurvi” - A Revolutionary Step towards
Community Outreach and Gender Awareness at Amity University,
Noida. The programme aimed at intimating women with their duties,
roles and responsibilities towards the society and to encourage them to
work for the betterment of the nation.
Sharing her views during the inaugural ceremony, Professor (Dr.)
Shefali Raizada, Additional Director, Amity Law School said that eve-
ry woman in her life goes through innumerable hardships and has her own
success story, so she must embrace her life in all circumstances. The pur-
pose of this initiative is to provide maximum benefit to the society and
spread happiness.
Expressing his thoughts, Prof. C.B. Sharma, Chairman, Nation-
al Institute of Open Schooling said that he was brought up in a culture
where women had the last say in the society. He exclaimed that we must
treat every day as Women’s day by the bestowing respect and honor to
the women which they truly deserve. He expressed that if we want our
society and nation to emerge, then the women of our country must take
equal stance as the men. He said that as we are witnessing women excel-
ling in almost every field, it’s our responsibility to lend our support to
them and encourage them to come forward with confidence and build the
nation.
Guest of Honor, Ms. Aishwarya Bhati, Additional Attorney
General, Uttar Pradesh exclaimed that community outreach is an essen-
tial part of a student’s life because knowing the realities in a society is
very important. She said that all of us must strive for equality and should-
n’t create limitations for any gender. Addressing the law students, she
said that “You have great responsibilities on your shoulders, as you are
going to teach the social doctrines to the people from various profes-
sions.” She exclaimed that this is an era in which women must step for-
ward and take control of their status and situation.
A Book (Scopus Indexed) by Wolters Kluwer on “Law-Medico
Immersion: Issues & Challenges” and a Souvenir was released during the
valedictory ceremony of the event. A skit was also performed by the dra-
ma society of Amity Law School – ‘Mukriti’ to spread awareness about
issues related to women like gender equality, girl child education and ille-
gal sex determination.
Amity Mock Parliament 2019
To familiarize the students about the proceedings and working of Indi-
an Parliamentary system, Amity Law School Noida organized 5th Edition of
Amity Mock Parliament (AMP). Law students from various law institutes and
universities across the country participated in the mock parliament and got the
opportunity to understand the parliamentary procedure.
Addressing the gathering, Sh. Sukhvinder Sheoran, MLA, Badhra
(Haryana) said that now-a-days, youngsters are under constant pressure, ei-
ther from parents, peer or society, to perform well or behave in a certain way.
Since the competition is high, it has become essential for young people to be
more aware, in terms of knowledge, about the working in different fields. He
highlighted that an individual can achieve any goal if the person works dedi-
catedly for it. He advised the students to push the boundaries and to explore
new opportunities, constantly.
Talking about Indian Political system, Sh Sheoran praised the demo-
cratic proceedings in the country and pointed that despite selecting their own
minister, 30% of population do not approach the politicians to resolve the is-
sues. He called upon the gathering to develop an approachable attitude and
contact the minister of their constituency with any issue they face, only then
politicians will be able to help and create a better society. Sh. Sheoran urged
the budding legal professionals to maintain discipline in the profession and
averred that legal profession gives the opportunity to serve the society, there-
by; they should always help the needy in their fight for justice.
Sharing his views, Dr. Ashok K Chauhan, Founder President, Ami-
ty Education Group remarked that legal profession is an independent profes-
sion since; the legal professional is not dependent on any product or machine
for its professional growth. He urged the law students to experience different
parliamentary systems for better understanding of the world. He opined that
mock parliament is a platform that imbibes values, learning and education
which adds in the personal development.
This year, there were committees including Joint Session of Parliament
- “Agenda: Deliberation on the Citizenship Laws of India with specific em-
phasis on the Citizen Amendment Bill 2016 and NRC”; National Commission
for Women- “Agenda: Deliberation on the prohibition of Commercial Surro-
gacy with respect to Women and LGBT Community”; Princely States Meet-
“Agenda: Integration of India” and Parliamentary Standing Committee on Ag-
riculture- “Agenda: Deliberation on Agricultural policies and its impact on
farmers with special emphasis on Minimum Support Pricing (MSP) and Fi-
nancial Assistance”.
“Best Delegate Award” in Joint Session of Parliament was awarded to
Mr. Aakash Srivastava from Amity School of Engineering and Technology;
“Best Delegate Award” in National Commission for Women was conferred
upon Mr. Ankit Rana from Vivekananda Institute of Professional Studies, IP
University; Mr. Akhil Kumar from Amity Law School Delhi received the
“Best Delegate Award” in Parliamentary Standing Committee on Agriculture
and Mr. Siddharth Chital from Amity Law School Noida bagged the “Best
Delegate Award” in Princely States Meet and Ms. Ayesha Mittal got the
award for “The Best Journalist.”

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Asia-Pacific Rounds of
Manfred Lachs Space Law Moot Court Competition 2019
Amity Law School, Noida hosted the prestigious Asia-Pacific Rounds of Manfred Lachs Space Law Moot Court Competition from 28th
- 31st
March
2019. The event witnessed participation from various law schools, institutes and universities from all over the world. The stature of Manfred Lachs Space
Law Moot Court is that of a Grand Slam in Moot Court Competitions. This was concluded with a Valedictory Ceremony. A total number of 36 teams partic-
ipated in the Asia Pacific Rounds of Manfred Lachs Space Law Moot Court 2019 out of which 25 teams were from India, from different National Law Uni-
versities and reputed law colleges and 11 teams were from 8 different countries from all over the world.
The competition started with Registration on Day 1, followed by a Gala Dinner in the evening. Preliminary Rounds took place on Day 2, followed by
Quarter Final Rounds and Semi-Final Rounds on Day 3. On the fourth day, Final Round took place and the event concluded with the Prize Distribution and
Valedictory Ceremony.
For the Quarter Final Rounds, the participants were City University of Hongkong (021) Vs Maharashtra National Law School (037). NLSIU
Bangalore (039) Vs The West Bengal National University of Judicial Sciences, Kolkata (013). National Law University Delhi (025) Vs School of
Law, Wuhan University (045). National University of Singapore (015) Vs The University of Adelaide (012).
The following teams qualified for the Semi-Final Rounds: School of Law, Wuhan University (045), The West Bengal National University of Ju-
dicial Sciences, Kolkata (013), City University of Hongkong (021) and National University of Singapore (015).
In the Final Round of Manfred Lachs International Space Law Moot Court Competition, which took place in the Moot Court Hall, the two participat-
ing teams were – School of Law (045), Wuhan University, China and National University of Singapore (015). Lim Jia Ren, Ong Kye Jin and Dorcas
Ping represented Singapore and Chen Jiangnan, Lu Jiachen and Lu Xiaoronhg represented China. During the final round the Singapore team played the role
of applicant and the team from China played the role of respondent.
The event was judged by Mr. M.S. Oberoi, Senior Advocate, Prof. A.K. Kaul, Delhi University, Prof. Paul Babie, Adelaide University, Prof.
(Dr.) S.S. Singh, Ex. VC, NLU Bhopal and Honorable Chief Justice Rajesh Tandon.
National University of Singapore won the competition while Wuhan University was Runners-up.
The Valedictory Ceremony of Asia-Pacific Rounds of Manfred Lachs Space Law Moot Court Competition 2019 began with the auspicious lightening
of the lamp and welcoming of the distinguished Guests of Honor. The Chief Guest for the event was Hon’ble Mr. Justice M. R. Shah, Judge, Supreme
Court of India and distinguished Guests of Honor were His Excellency, Mr. Hector Cueva, The Ambassador of Ecuador to India, New Delhi and Hon’ble
Mr. Justice Rajesh Tandon, Chairperson, Uttrakhand Law Commission and Former Judge, High Court of Uttrakhand.
The event started with a robot welcoming the gathering and giving a brief introduction about the theme of the event.
Prof. (Dr.) Aditya Tomer, Additional Director/Jt. HOI, Amity Law School, Noida, addressed the gathering and thanked all the dignitaries for
sparing their valuable time and gracing the ceremony. He also thanked all the participants.
Prof. (Dr.) S. S. Singh, Dean, Faculty of Law, Advisor ALS, AJA, ALF, Amity University Uttar Pradesh warmly welcomed the guests and par-
ticipants and gave his best wishes to them. He enunciated the common aspects of such mooting events which give ample opportunity to encourage the cour-
age, confidence and talent of the students, which if excelled in can do wonders.
Prof. (Dr.) Dilip Kumar Bandyopadhyay, Chief Adviser, FPO Amity Group, Chairman, Amity Law Schools warmly welcomed all the Guests
of Honour. He applauded the historical day in the journey of Amity and threw light upon the two-fold objectives of this mooting event that is to familiarize
the students with the coming up field of the contemporary space law. Secondly, the message of what is to be taken home by the participants is the spirit of
the moot court.
Prof. (Dr.) Sunita Singh, Pro-Vice Chancellor, Amity University, Uttar Pradesh, welcomed the gathering and appreciated Amity Law School,
Noida for hosting the Asia Pacific Rounds of Manfred Lachs Moot Court Competition for the first time in India. She highlighted the importance of moot
court competitions for enhancing advocacy skills.She attributed the success of Amity University to the vision and mission of our Hon’ble Founder Presi-
dent Sir, Dr. Ashok K. Chauhan because of whom all this is possible. She believes that such exposure always remain fruitful.
Prof. (Dr.) Balvinder Shukla, Hon’ble Vice-Chancellor, Amity University Uttar Pradesh upheld the importance of practical skills in the field of
law. Moots are the closest one can get to the real-life scenario of the legal system. They have been a part of every law institution in today’s time and many
students are participating in it for the invaluable gains of such a stimulated environment. She emphasized upon the developments in space law and speciali-
zation in this field. She also highlighted the spirit of teamwork and suggested students to take back a bunch of experiences, friendships and network.
Regional Coordinator, Prof. Paul Babie, D.Phil., Adelaide Law School, Professor of Property Law and Theory, The University of Adelaide,
Australia, thanked Amity Law School, Noida for pulling off such a successful event. He was grateful to Amity University for the hospitality offered and
sailing through the show very smoothly. He told the participants that they made their institutions very proud.
Hon’ble Mr. Justice Rajesh Tandon, Chairperson, Uttrakhand Law Commission and Former Judge, High Court of Uttrakhand, congratulat-
ed Founder President Sir, Dr. Ashok K Chauhan for getting the recognition at the global level. He emphasised on the fact of studying the constitution of a
country which is of utmost importance and giving weightage to different treaties formulated. He quoted Swami Vivekanand and emphasized upon learning
being a continuous and never-ending process.
His Excellency, Mr. Hector Cueva, The Ambassador of Ecuador to India, New Delhi, was grateful to Amity University for inviting him to the
campus. He believes that law is an umbrella which covers every aspect of the society.
Hon’ble Mr. Justice M. R. Shah, Judge, Supreme Court of India congratulated Amity University for hosting the event and complimented IISL
for organizing moot courts on space law. He discussed in detail about space law and its aspects highlighting the five treaties governing space law. A lawyer
must never appear without preparation of facts and law. Key to become a successful lawyer are the four Ps which are prepare, present, persuade and punctu-
ality. One must always abide by these Ps to have a prospering career.

12
Then the announcement of the result under different categories was done, which is as follows:
Best Memorial: Gujarat National Law University
Best Speaker (Preliminary Rounds): Mr. Lim Jia Ren, National University of Singapore
Best Speaker (Final Round): Ms. Dorcas Ong Gee Ping, National University of Singapore
Special mention for the 5 next Best Speakers:
Mr. Tang Pui Yan, City University of Hong Kong
Mr. Aryan Khanna, National Academy of Legal Studies and Research, Hyderabad
Mr. Karan Vijay, National Law University, Delhi
Mr. Jai Sanyal, National Law University, Mumbai
Mr. Connor Rossi, University of Adelaide
The winners were National University of Singapore (015) and Runners up were School of Law (045), Wuhan University, China.
Then the Souvenir of the event was released, and a book was also released titled “Gender Discourse and Legal Perspectives.”
The distinguished Guests of the Valedictory Ceremony
Release of the Souvenir
The Winning Team

13
Amity Human Values Quarter 2019 Activities
Amity Human Values Quarter is one of the important Mega Events of Amity University Uttar Pradesh, Noida Campus to inculcate and nurture
Human Values and Passion for Humanity amongst our students. Amity University through Human Value Quarter besides emphasizing upon the importance
of inculcating value system for all round personality development of our students also enable them to become good human being and responsible citizens of
our Nation. The students imbibed Human Values by undertaking Community Outreach activities by participating in activities related to Human Values at
institutional level and outside the campus.
Visit to School at Prahlad Ghadi, Ghaziabad
The Amity Human Values Quarter 2019 Student Committee members along with the Faculty In-charge Dr. Lekha Rani Singh, Assistant Profes-
sor, Amity Law School, Noida with the motto “Humanity Leads to Solidarity” visited a school at Prahlad Ghadi in Ghaziabad on 21st
February, 2019 to
inculcate human values in the students through an interactive session along with Quiz. They conducted activities on importance of unity, need for health and
sanitation, gratitude towards parents and teachers, honesty and respect for elderly people.
The school students participated with great zeal in the activities and took a pledge that they will imbibe the human values and grow up as a
good citizen.
Team AHVQ interacting with the students Student participating in the Quiz
Student participating in the activity Team asking questions to the student

14
Group Discussion on Women Issues
The team of Amity Human Values Quarter 2019 of Amity Law School, Noida conducted Group Discussion on Women Issues on March 07,
2019 on the topics representing the values like Gender Equality and Respect for Women. The group chose the topic on the spot by picking up a slip. The
group discussion started with the participant’s individual views and opinions being put forth and was summed up by a common conclusion. This was fol-
lowed by the feedback from the evaluators, Ms. Vaijayanti Banerjee and Ms. Sreedurga TN.
The First position was secured by Mr. Mahir Khanna, the Second position was secured by Ms. Diksha Suri and the Third position was
secured by Mr. Vaibhav Khanna.
Extempore on Human Values
The team of Amity Human Values Quarter 2019 of Amity Law School, Noida conducted Extempore on Human Values on February 25, 2019 on the
topics representing the values like Gratitude towards parents, Respect for elderly people, Equality, Unity, Care, Harmony etc. The activity made the partici-
pants think about the issues prevalent in the society and also made them contemplate that do they really possess Human Values.
The First position was secured by Ms. Rishika Richa, Second position was secured by Ms. Deeksha Suri and Third position was secured
by Ms. Mehak Goswami.
Participant expressing her views on the topic Winners of Extempore
The participants expressing their views in the Group Discussion Winners of Group Discussion

15
Visit to “Dadi Ki Rasoi”
Humanity still exist, there are people who believe in helping others. One such person is Noida-based social activist Mr. Anoop Khanna,
who started a novel initiative called “Dadi Ki Rasoi”, where he serves food for just Rs 5. He caters to the needs of almost 500 people every day. He
serves dal, rice, roti and other vegetables to the needy. In order to support this noble cause, the students and staff of Amity Law School, Noida did contri-
bution.
sor, Amity Law School, Noida visited “Dadi Ki Rasoi” on February 26, 2019 and provided food material for the preparation of the meal and helped Mr.
Anoop Khanna in serving food to the financially weaker section of the society. The team got an opportunity to help Mr. Anoop Khanna and after interacting
with him we have learnt the real meaning of the word “Compassion” and “Sewa.”
AHVQ 2019 Team helping in serving the food People lined up at the “Dadi Ki Rasoi” food stall
Students of Amity Law School, Noida serving food AHVQ 2019 Team of Amity Law School, Noida with Mr. Anoop Khanna

16
Visit to DESIRE Society, Sector 92, Noida
sor, Amity Law School, Noida visited DESIRE Society on 16th
April, 2019 to help the children who are abandoned and orphaned by HIV/AIDS and to
provide them environment of love and care. We provided those children Pencil Boxes with stationery items, Water Bottles, Lunch Boxes and Fruits as de-
sired by the Society. To make them feel happy we organised playful activities for them like dancing, singing, dog in the bone and also had interactive ses-
sion with them in which the team spoke about the importance of Human Values.
DESIRE Society is a great example of serving the society with equality and avoiding any sort of discrimination. It promotes humanity irrespective
of the fact that those children are HIV/ AIDS infected. The purpose was to spend time with the children abandoned and orphaned by HIV/AIDS and to
bring smile on their faces; the children participated with great enthusiasm in the activities.
Winners of Debugging: Film Screening CompetitionParticipants watching the video
Debugging: Film Screening
The team of Amity Human Values Quarter 2019 of Amity Law School, Noida organised Debugging: Film Screening on Human Values on April
05, 2019 on the topics representing the values like Respect for the country, Honesty, Respect towards parents, Generosity, Compassion, Humanity, Unity
and Environment. Debugging Competition was conducted in which the students were shown videos on Human Values through those videos they were
asked to identify the values and to interpret it. Short video clips were shown to the participants to express their ideology with respect to Human Values.
Then, they were given two minutes to jot down their ideology and after that they were asked to speak their interpretation. The activity made the participants
think about the issues prevalent in the society and made them understand the need for human values in daily life. The activity provided students a platform
to express their views on importance of humanity and human values through film screening.
The First position was secured by Ms. Mehak Goswami, the Second position was secured by Ms. Ayesha Mittal and the Third position
was secured by Mr. G. Aditya.
Team AHVQ 2019 Distributing the Stationery Items Team AHVQ 2019 Distributing Fruits to the children
Children participating in the Activity Team AHVQ 2019 ALSN with the children of DESIRE Society

17
Ms. Shruti Khandelwal
Student: BA LLB (H)
Amity Law School, Noida
An Argument for Legalizing Prostitution
“The only thing that the government has done for us is to label us ‘PROHIBITED’.
Forget having an access to a better life,
we have been denied even the basic human rights”
--- A Prostitute
She slid the straps of her dress carefully and curled her pink lips in the mirror, thinking that he will not even notice the dress as he will undress her in
a hurry. But it hardly mattered as her body paid the price for that expensive dress that he had brought for her.
We live in a society which forms an opinion about a person by his/her profession. Doctors/ Engineers are considered to be high professional but we
cannot even imagine what the society broods about the Prostitutes.
Prostitution is the elderly profession in the world. Around 6th
century the girls were given in the temples to God, they were called the Devdasi which
literally means God’s female servant. In recent times, there are 7 notorious red light districts of India (Kamathipura—Mumbai, Wadia—Gujarat,
Shivdaspur—Varanasi, GB Road—Delhi, Nat Purwa--Uttar Pradesh, Devadasis concept – Karnataka, Shonagachi--Kolkata).
We live in a civilized society but still our society looks down at prostitutes, they are considered as mere object by men and considered the dirt in the
society. There are about 2.8 million prostitutes in the country and are still increasing as indicted by the Lok-Sabha. Instead of such large number still India
lacks far behind in defining the rights of prostitutes and legalizing them in the territory.
The studies have showed that not all women come in this profession on their own will. It is showed that in every hour, 4 women and girls in India
enter into this profession out of which 3 enter against their will. Prostitution is a muddle in itself and the child prostitution makes it even worse. The prostitu-
tion is chosen by the women due to poverty, no education, human trafficking, family profession etc.
Prostitution in India is considered illegal. Although in India no law considers “offering body for sex to gain material benefits illegal”, with a condi-
tion that no such activity should be done close to public place. Public places include temples, mosques, hostels, parks etc. As per Immoral Traffic
(suppression) act, 1956 if two people are having sex at their home, in any private place (which is not a public place as mentioned above) is not illegal. The
Indian Penal Code states that certain activities relating to prostitution are dereliction of law such as --Kerb crawling, Pandering, being an owner of a brothel
or even running one, Pimping etc.
The prostitution should be legalized in India. During April 2015 there was a session on acts of crime against women. It was observed that if the sex
work is decriminalized then the stance of the women in the society would improve. The all India Network of sex worker’s president, BHARATI DEY stated
that people become prostitute on their own accord and they need to be given same rights as others. In 2009, even the SC advised to legalize prostitution.
Even The apex court in this infamous case of Gaurav Jain v. Union of India issued directions for the upliftment of prostitutes and establishment of the ju-
venile home for the children of prostitutes so as to provide them social security which is one of their right as a human being.
The prostitutes are weary about going to a doctor and are always harassed by the police, even the landlords expel them from the house if they get to
know about their living. If they are legalized, then their rights will be known and even this will protect their children.Even the lawyers reject their cases and
they are not served the justice. But the last hope left for the prostitutes is the judiciary to make certain law which legalize them and even prevent the human
trafficking where the women are forced to become a sex worker.

18
Ms. Ishita Mehrotra
Student: B. Com. LLB (H)
Amity Law School, Noida
Draft on the New Intermediary Guidelines, 2018 – A Brief
For the past few years, the liberties that have been extended to the intermediaries have been under debate. All over the world, there have been confer-
ences and talks with respect to the freedom that has been extended to the intermediaries.
Our nation has recently drafted a new set of rules with respect to the intermediaries. Since then, there has been an uproar in the entire nation wherein
everyone is divided in their opinions with respect to the rules that have been formulated. The intermediaries are naturally opposing the same because of the
compliances that they are being expected to follow.
The rules were drafted on 24th
December, 2018 and comments from various stakeholders had been invited. One thing that was almost common
amongst all the oppositions was the Rule 3(9). This rule expects the intermediaries to deploy technology that proactively identifies and disables the access of
the publicto the unlawful content.
Compliance to this Rule is being considered as untenable on a variety of grounds by the intermediaries. They are arguing that they are being ex-
pected to police the data that is being uploaded on their sites which is absolutely absurd since they cannot be the ones to decide what is lawful and what is
not. Where Rule 3 (2) describes what might constitute the unlawful content in general, it does not specifically point out what constitutes this arena.
What might be considered as immoral at one point of time might not be considered so at another point of time. Intermediaries are of the view that
they are not the right entity to police what exactly can be uploaded on their websites and what has to be removed almost immediately.
Also, they are being expected to deploy technology that would automatically identify the unlawful content. This is going to involve high costs and
the software that they are being asked to develop to conduct such an activity might not be viable either. The intermediaries have raised the argument that the
Artificial Intelligence is at the primitive stage and it cannot possibly achieve what is being expected out of this at such a stage. They are vehemently oppos-
ing the Rule because they think that they are not the right entity to judge the righteousness of the content that is being uploaded.No specific guidelines with
respect to what exactly should be removed have been supplied.
The IPR committee considers this rule as a bold move by the Government since Rule 3(2) (d) includes the content that infringes patent, trademarks,
copyrights or other proprietary rights has to be removed by the intermediaries via the technology being deployed by them. This rule is hence, being wel-
comed by the IPR committee all over the country because they believe that this would end up strengthening the IPR framework in the country which is a
need of the hour.
At present, even in the European Union, speculations with respect to similar rules are going on. Proposed Amendments to the EU Copyright Di-
rective of 2016 too are discussing rules with respect to the same arena. However, there the condition is even more stringent because the rules would end up
becoming so restrictive with respect to what content can be shared on the websites and what can not be shared that the freedom to share your personal views
might end up getting restricted.
The Rules being formulated in our country also have a rule wherein any government agency can ask the intermediaries to supply the information so
required within 72 hours (as given under Rule 3(5)). This has also been opposed by the intermediaries on the grounds that how can any government agency
are allowed to step in and demand information. Not only is this move being considered as unfair, the compliance with respect to the time limit is being dis-
puted.
Though the Rules that have been introduced in the country seem to be a bit too much for the intermediaries to follow, Rule 3(7) should be imple-
mented no matter what because it makes it compulsory for the intermediaries with more than 50 Lakh users to have a Registered office in India and to have a
Grievance Redressal Officer available 24x7 in the nation. This is the need of the hour since huge intermediaries like Gmail do not have a registered office in
India wherein complaints can be filed with respect to any issues arising and it causes a lot of inconvenience since the cyber crime issues cannot be tackled
without having an appointed person who can address the grievances. Till now, WhatsApp, which has innumerable users in India, too does not have a regis-
tered office in India (it is under process) and hence tackling of cybercrime taking place on this app has been tough in our nation.
These new guidelines are trying to circumvent the freedom that has been extended to the intermediaries. If these guidelines are properly implemented
without infringing the Fundamental Right of Speech and Expression of the citizens of India, this can be a very beneficial step for us. The cybercrime can be
tackled effectively and the content being made available on the intermediaries can also be handled in the correct manner. Also, the problem of online piracy
can be handled in a timely manner before losses are incurred by the actual author of the content.

19
Mr. Arun Kumar. P
Student of Law, BCA LLB (H)
School of Excellence in Law
Onerous Arbitration Clauses- A Legal Discussion
One can always find an Arbitration clause in an Arbitration Agreement stating “In case of any dispute between the parties, the dispute/disputes shall
be referred to an Arbitrator to be solely appointed by the Licensor/One Party.” It states that only one party to such an Agreement can unilaterally appoint an
Arbitrator while another party has no say to the Appointment of Arbitrator. Lately, the trend is rising whereby the right is unilaterally vested with one party,
i.e., companies, Private and Public sector units only will have a say in the appointment of Arbitrators.
Our contention is that such an Arbitration Agreement lacks Mutuality of Contract. It is relevant to note that the object of Arbitration is to obtain a fair
resolution of disputes by an impartial third party without unnecessary expense or delay. The parties to the Arbitration shall be free to agree as to how the dis-
putes can be resolved and such safeguard shall ensure mutuality of contracts in Private and Public interest. The issue is further aggravated by appointing one
party’s employee as the Sole Arbitrator.
When one party is in a fiduciary relationship with another, only one party has an upper hand to make another party to sign a Standard form of Con-
tract, resulting in such onerous conditions. These unreasonable and onerous terms of Standard Form Contracts are not justified and hence not enforceable,
since, neutrality, fairness, and mutuality are the Essential elements of Arbitration.
When the right is reserved with one of the Parties to the Arbitration agreement, that, it shall appoint an Arbitration, it does not comply with the Prin-
ciples of Natural Justice, i.e. the principle of Audi Alteram Partem (Hear on the other side) raising skeptical apprehension as to impartiality and independ-
ence, which is an important qualification to an Arbitrator as defined under Section 11(8)(b) of the Indian Arbitration and Conciliation Act, 1996. The 256th
Law Commission Report states that “a sensible law cannot, for instance, permit the appointment of an arbitrator who is himself a party to the dispute, or who
is employed by one party, even if this what the parties agreed”.
In light of these submissions, it is also pertinent to note an instance in the case of RC Cooper v Union of India, reported in AIR 1970 SC 564, presid-
ed by a 11 Judge constitutional bench of the Hon’ble Supreme Court of India, commonly known as the Bank Nationalisation Case. Before beginning the Ar-
guments, the majority of the Judges paused and opined that they were shareholders of the Nationalised Banks and made a reservation as to they cannot pre-
side over the case as such which would result in the violation of principles of natural justice. But, the parties went on to consent as that would not hinder
their sense to set the wheels of Justice in motion and requested them to preside over the case, after which the judges affirmed to preside over the case.
Even after subsequent Amendments to the Arbitration and Conciliation Act, no Law has been amended in this regard, regulating this issue. This
shakes the very root of the ADR institution in Arbitration and if this problem is not culled out, the litigants will continue to lose their interest in opting to
Alternate Dispute Resolution mechanisms. Thus, I conclude by stating that, Change is inevitable, change is constant and Justice to all is far more satisfactory
way than to do justice on a case to case basis.

20
Ms. Gehna Babber
Student: BA LLB
JIMS, Greater Noida
Social Media and Our Retreat from Social Life
In the words of Bill Gates, the world today has become a “global village”, where news travels faster than the speed of light and people are aware of
the happenings of every nook and corner of the globe.
While no doubt that today we have access to a plethora of information at the click of a single button, the facts that machines are slowly and steadily
replacing the human element in different areas has led to the dismissal isolation of one man from another.
Which the advent of social media, things have become complicated in the virtual world, we may be the most ‘connected' person abreast of all the de-
velopments in our friends lives but the real world, we may not even care to visit them personally. In fact, our so called ‘friends’ on Facebook include every-
one under the sun, including our colleagues, some random third cousin of our flat mare or even complete strangers, for that matter. When we make a new
friend through face to face interaction, it almost feels like a joyous accomplishment. But thanks to Facebook, one can now create new friendships and end
old ones with just a click of a button, without really engaging in a personal dialogue or confrontation. In real life, we discuss everything with our friends,
right from our latest obsession to our deepest thoughts. However, on social media, a ‘like' or a ‘comment' is thought to be enough to sustain the relationship.
Some people argue that social media helps us to keep in though with our family and friends located abroad or far off places. In a survey conducted by
McAfee, the bigger picture reveals that around 78% of teenagers hide their social media content from their parents and most of them use a different account
to interact with members of their family online. Psychologists explain the reason behind it and state that kids are afraid that their parents would interfere in
their personal life which would affect their “cool" image. This is an interesting aspect which shows how kids today ‘present' themselves in a manner which
is glamorous and way above their age, resulting in a lot of behavioural problem in them. The alarming growth of materialism among young children is also a
major concern for many parents.
Large scores of people suffer from Nomophobia and many of the smart phones user can't go one hour without checking their phones. With increasing
number of smart phones user, people are literally a touch away from accessing their social media accounts. Most people have a bizarre tendency to keep
their cell phones in hand and they keeping turning the screen on to make sure that they don’t miss out any social network updates. Various researchers have
pointed out this kind of hyper connectivity is making us more and more impatient. Recent statistics reveal that one in four people abandon a website if its
page takes longer than four seconds to load. One of the top leading shopping site has calculated that a page load slowdown of just one second could cost it $
1.6 billion in sales each year. In today’s tech savvy world, clearing patience doesn't seem to be a virtue.
Today many blogs are run by anonymous admins who share their contents with the world but choose to hide their identity.
The internet is indeed a powerful tool and with social media, we have an unimaginable power to reach out to millions of people across the globe.
Like other forms of media, social media too is used by various companies and brands to advertise their products.
To sum it up, social media has engulfed us like a tidal wave and it has deprived from the little pleasure of life. We're struggling to cope up with our
lives and our addiction to social media has greatly affected our interpersonal relationships. Ironically, social media id making us ‘less social' as we feel awk-
ward and are often find ourselves at a loss for words even in a group of familiar faces. We're losing touch with Nature and have taken the beautiful world
around us for granted.
Today, rapid change is the order of the day. The role played by technology is with care and responsibility. We must not forget that social media was
created by man to build on new and improved relation rather than isolating oneself from the realities of life. It's in our hand whether we want social media to
become the Frankenstein of our lives or important told to connect with the rest of the humanity. We're called Homo spines for a reason and therefore, we
must use of grey matter while sharing and accepting content on social networking sites. Imparting education on being responsible ’Citizens' is the need of
the hour and only then can we truly be able to benefit from social media.

21
Ms. Aditi Chopra
Student: BA LLB (H)
Amity Law School Delhi (IP University)
Acid Attacks in India
Acid Attack is a violent and inhumane act of throwing acid which is a corrosive substance and thus could disfigure or kill a person on whom the acid
is thrown. Acids dissolve the skin, tissues and sometimes even bones of a person.
While the victims usually belong to the age group of 14- 35, acid attacks are most prevalent in the south – eastern countries like Bangladesh, India,
Afghanistan, Pakistan, and other parts of the world being Cambodia, UK and France. The percentage of female victims is more than that of men, most num-
ber of cases in India have been registered in cities having the worst sex ratio being Delhi, UP, Punjab, Haryana.
Not only the victim faces physical and biological damages to the body but also has to go through many psychological and economic damages like
suffering from unemployment due to either not getting a job or getting chucked out of the job. Most cases take a lot of time in decisions and thus injustice
served to innocent victims for due processes to be followed in courts. This makes the efficiency of the punishments even less. Does police really file an FIR
after the matter brought under the notice of the police officials? Although 225 cases have been registered / reported in 2014 but only 12 persons were con-
victed in the year.
Only after the Nirbhaya case, the 18th
law commission headed by Justice A. R. Lakshaman proposed the insertion of acid attack as a separate offence
in the IPC as section 326A and 326B and section 114B in the Evidence Act.Section 326A of the IPC enlists the definition of acid attacks and Section 326B
highlights the definition of attempt to throw acid and the punishment for the same.
The court made it mandatory for hospitals across the country to provide full and free medical treatment to the victims. But is the treatment provided
to the victims or survivors adequate enough? Another very important change required in the penal provisions is of the burden of proof lying on victim him-
self/ herself.
On 11th
May 2018, the Supreme Court passed the Compensation Scheme proposed by the National Legal Services Authority (NALSA) for compen-
sating the victims of sexual assaults and acid attacks and would be applicable across the country.
According to the scheme victim of acid attacks, in case of disfigurement of face, would get a minimum compensation of Rs 7 lakh, while the upper
limit would be Rs 8 lakh. And if the injury is more than 50 per cent, a minimum compensation of Rs five lakh would be given, while the maximum would be
Rs eight lakh. Moreover, in cases of acid attacks where the injury is less than 50 per cent and 20 per cent respectively,a compensation amountis provided as
perthe scheme.
Landmark Cases:
Laxmi v. Union of India
This is a landmark case, wherein the Apex Court issued the direction for the regulation of acid to the State and UT. It was held that Section 357A provides
for the preparation of a scheme providing funds for the purpose of compensation to the victim or his/ her dependents that have any suffered loss or injury
and require rehabilitationas a result of crime commited. The Apex Court directed the acid attacks victims to be paid compensation of at least Rs. 3 Lakh by
the concerned State Government/UT as the aftercare and rehabilitation cost.
Parivartan Kendra Vs. Union of India
In this case a PIL was filed for the plight of acid attack victims like free medical care, rehabilitative service or adequate compensation under Survivor
Compensation Schemes- Highlighted plight of two Dalit girls – Acid attack victims. The court also directed the State Governments/ UT to take up the matter
with all the private hospitals in their respective State/ UT to the effect that the private hospitals should not refuse treatment to victims of acid attack and that
full treatment should be provided to such victims including medicines, food, bedding and reconstructive surgeries. The Apex Court said that there is no need
to set up a separate Criminal Injuries Compensation Board and also clarified that the State Government/UT concerned can give even more amount of com-
pensation more than Rs. 3 Lakh.
The victims of acid attacks can never really be ‘restitutio in integrum’ which means to be restored to the original position as before. The trauma, the
physical and the mental pain that the victims faced can never be compensated by the offender. Hence, it is not wrong to say that the convict, though not
physically, but internally murdered the victim. In some cases, wherein the acid attack survivor is physically disabled, he/ she may not even be in a position
to earn bread and butter for himself/herself. Such victims need to be paid a lifelong compensation to make sure that these people are ensured of their basic
necessities. Not only is paying a compensation enough but the ‘Right to live with dignity’ has to be ensured to these innocent victims.

22
Ms. Aarushi Rawal
Student: BBA LLB
Chanderprabhu Jain College of Higher Studies
Social Media and Democracy
With a population of over 1.3 billion inhabitants, of which 834 million can vote, India is the largest democracy in the world. It is one of the most di-
verse lands regarding the languages, different religions, the country has been hailed as one of the most complex amalgamation of various cultural identities.
Different cultures, values, thoughts and beliefs knits all of us together and allows us to celebrate the diversity of our beloved country. The preamble of our
Indian Constitution states that our country constitutes into a Sovereign Socialist Secular Democratic Republic. Our democracy shows almost all the ele-
ments of a real democracy and not like that of our other neighbouring countries.
In a developing democracy and economy like India social media plays a very crucial and essential role in shaping minds, expressing opinions,
providing different theories and different revelations leading to controversies, trolls and ultimately to social media wars. The new age social media platforms
like: twitter, Facebook, Instagram, WhatsApp groups etc. help democrats in different ways like: finding likeminded people, organising and planning so-
cial or political events, gathering reviews around the entire nation regarding various issues, keeping in touch with the general public to make us sure about
their approachability. These platforms sometimes show us the real picture of our leaders, politicians and influencers.
The most important question is how does social media shape our democracy?
We the citizens of India are privileged with the right to freedom of expression under Article 19 of Indian Constitution i.e our fundamental right. We
can express our anger, happiness or even rebel against any orders or decisions made by our government. This sort of freedom empowers the public as we can
further decide who we want next to be our leader and rule the country. Social media is one such platform where people express their opinions about the cur-
rent political, social or even economic issues. Social media gives us that space for criticising or appreciating decisions made by government like: hike in
petrol prices, Budget 2019-20 and making of “Statue of Unity”, approaching elections, introducing RTI (Right to Information), swachh bharat abhiyan
and some major amendments made in various laws so that we can reach out to our government and other civilians for spreading awareness.Twitter give us
the insights of the accusations one puts on the other political or social influencer. Social media helps the civilians to be updated and be thoroughly informed
with the ongoing issues which gives us the opportunity to differentiate between wrong and right and for having a better understanding of how is our democ-
racy functioning.Since the reach of social media is vast and extensive it makes the circulation of all the news, updates and revelations quick and expeditious.
That’s the power of social media, reaching millions of people all at once.
This power of social media is huge and therefore is misused by many unnamed people and untraceable organisations who are so committed in mak-
ing and circulating their content which sometimes is anti-national, illegal, fake news, which could create differences between religions which could be
extremely unfavourable for a diverse nation like India. The above mentioned content are made out of obnoxious intensions for just fulfilling their ulterior
motives and weaken the unity of the citizens. One of the researches showed that terrorist groups were made and those people were added who used to have a
bad heart for the government so that they could play with their emotions and imbibe anti national thoughts in them and further use them for their motives.
Such researches make us aware of the fact that this platform where we are freely expressing our opinions can be used against us further and harm us.
Therefore, social media acts as a support and sometimes like a challenge to democracy. The wise and vigilant use is necessary to make the most out
of this technology and upcoming advancements as they have the power to bind us together into a close nation or separate us by creating disparities. Democ-
racy is a really vast concept with a very simple objective of being favourable towards public and making decisions for the benefit of the people so that every
citizen has equal rights; translated into government policy. Democracies must be aware that any attempt to regulate or prohibit the Internet may be consid-
ered as autocracy as it crosses the ultimate element of it. Someone has rightly said that “Where you see wrong or inequality, speak out, because this your
country. this is your democracy. Make it. Protect it. Pass it on.”

23
The Covert Behind the Female Genital Mutilation–Young Children Under a Threat
Female Genital Mutilation is never defensible as it is a perverse practice carried out surreptitiously in young girl children thereby contributing to lifelong
effects and impacts that put them in a trauma(both mental and physical). The existence of this brutal practice(FGM/C) focuses some of the unmanageable
problems we as humans face today in trying to alter the future for world’s girls. Stitching or fragmenting of a child’s private parts for subjecting her to a
considerable havoc for the rest of her life has no perception during sexual intercourse except presumably sting and may face further havoc during child
birth is to many an discernible and horrifying violation of the rights of that panic-stricken child. FGM/C is more than a practice as it is amounts to a con-
trol that lasts for a lifetime. It makes a scorn of the object of any part being absolutely private and emphasizes the standardized way in which decisions
over her very own body have been taken from that girl. There is a gargantuan hiatus between what women and children undergo in their veridical life and
their real alertness. Not every Individual that ventures incessantly in effacing the same does so under the placard of “Feminism”. One of the crucial snags
to a unit approach between activists is in fact as to what they are genuinely trying to do. Whether they are trying to annihilate the practice or to extirpate it?
Extermination evinces a battle, whereas the Elimination evinces an austere approach. It is blatantly inopportune to see an ethical maze presented by the
entanglements of this brutal practice called as FGM/C. Something which is already given criminal and illegal cannot be perpetuated to be practiced in any
country. In India, the Dawoodi Bohra Muslim Community is seen to be the most empowering and progressive sections of the society, so awareness is not
what they need for ending this barbarous practice called FGM.C. As far as India is concerned the only way to abandon or abnegate this practice is to either
enforce the already existing provisions effectively or bring out a separate law if that would have a pragmatic application in reality for banning the same,
thereby abiding by the principles enshrined in our constitution. FGM/C is less a concern of intriguing a history or culture than having a future or a sight to
build with profoundly enlightened values. The youth today are appraised to be the beneficiaries and stewards of the legacy, hence it is in their hands to
contrive a truly humanistic tradition with regard to the human dignity which is preposterous without esteem for its foremost locus. Let us not forget that
the biological differences that are extant between men and women or to put it more predominantly the sexes mirrors not the inequality but the state of be-
ing harmonious. To conclude FGM/C is not just an issue that simulates women alone, FGM/C agitates human beings irrespective of gender. It is time that
we start to see FGM as a gender issue as its poignant both men and women in terms of pleasure, socialization, sexuality, etc and to cinch that the Well-
being of people should not tolerate from the norms commanded by the men and women themselves.
Ms. Kanimozhi Thaninayagam
Student: B A LLB (H)
School of Excellence in Law, Chennai
Mr. Ishant Goswami
Advocate
Delhi High Court
Humanity
Playing With Gun
In The Sun
Is Not the Fun
Playing With Knife
Is Not the Life
Why They Are So Mean
Love and Affection Can’t Be Seen
They Are Opposite To Piegion
As They Don’t Have Any Religion
What They Get After Killing the People
Nothing More Than Curse of the People
If Such People Exist
Then Why Can’t We All Resist
These Days They Are In Action
It Can’t Be Solve By Organising Elections
No Ruling Party Can Help In It
Its Only Humanity Which Can Help In It

24
Mr. Yazad Maneck Udwadia
Student: BBA LLB
Jindal Global Law School
O.P. Jindal Global University
Gross Misuse of Socially Enabling Legislations
There has been a massive revolution in the way in which women safety and women positivity has been looked at in the past few months. This all
began with the wave of the #metoo movement hitting India and gaining momentum and widespread popularity, across various fields of work. Along the
way, it has managed to garner immense following, but also criticisms due to the fact that it sadly became a tool for misuse. It has become a very safe op-
tion to use in order to gain public sympathy for oneself and massive public humiliation of the person being called out.
One instance where such a mechanism of misuse of this socially enabling legislation was attempted was a matter in the High Court of Judicature at
Bombay, before Justice Kathawalla. There was a matter regarding the infringement of the label mark of cough syrup manufactured by the Plaintiff, i.e.
Sapat and Company (Bombay) Private Limited and the cough syrup marketed by the Defendant, i.e. Feel Good India and Narendra Marketing. Ms. Neha
Gandhir and husband Mr. PunitGandhir, two residents of Panipat, Haryana, were the Directors of the Defendant company. The label marks of the cough
syrups looked substantially similar to each other, leading to the Plaintiff approaching the Court alleging Copyright infringement and demanding for a per-
manent injunction against the Defendants. The Court, on 21 December 2018, granted a temporary injunction against the Defendants and appointed a Court
Receiver to“seize and take charge, possession and control of all goods bearing the impugned label mark.” The Receiver also had been granted the allow-
ance to “take help of the police and to break open the locks, if necessary.” During the next hearing, the Plaintiff’s Advocate mentioned that during the said
inspection, Ms. Gandhir snatched the phone of the Court Receiver while he was trying to take videos of the evidence of the factory premises and the in-
fringing goods. Further, she threatened the Plaintiff’s representative to stop his search or else she would file a case of molestation against him.
What followed was a very straightforward approach by a furious Justice Kathawalla, ordering her to come from Panipat to be present in Court the
very next day itself, without fail. In the next hearing, Ms. Gandhir was questioned by Justice Kathawalla, asking why she should not be put in jail for try-
ing to make such a false claim against a Court official? The Court very clearly stated that a man would be put in jail straightaway if something is alleged
against him, so questioned as to why should a fake claim of the same cause not result in a similar recourse? Ms. Gandhir and her husband, through their
Advocate, begged for some ‘compassion’ to be shown for this act of hers which she committed in a ‘fit of rage’ situation. In her defence, she further sub-
mitted that she was unaware of the identity of the two men, which is why she lashed out on them. The Court was convinced that her Affidavit was full of
false statements, and that she had "used the most easily available weapon to an unscrupulous and dishonest woman, when her dishonesty is exposed, by
threatening them that she will level false allegations of molestation against them".Refusing to show any leniency, Justice Kathawalla asserted, "If such
abhorrent behaviour is left unpunished, by showing 'compassion' to a person who knowingly, grossly abuses the process of law, and thereafter attempts to
justify the same by saying that she did it 'in a fit of rage', the court will send out a wrong message to the general public, that it is not out of place for wom-
en to hold out such threats to their male counterparts, and thereafter plead for 'compassion'.”
The Bombay High Court then imposed a cost of Rs. 25, 00,000/- onthe couple, to set an example and make certain that such misuse will never be
dealt with lightly. Another pertinent point that the Court noted was that such acts, if not punished strictly, could lead to the Court Officials being hesitant
to executeCourt Orders against women, as they would fear that a false and baseless charge may be levied against them. The costs were divided into two
parts, with Rs. 5,00,000/- to be paid directly to the Plaintiff and the remaining Rs. 20,00,000/- being paid to Tata Memorial Hospital.
The Court finally ended with the Order noting that "Time and again, it is noted with distress by the Courts, that a socially enabling piece of legisla-
tion, is being grossly misused with impunity, by the very gender for whose empowerment it has been enacted, leaving the male/s facing grossly wrong and
derogatory charges, which they have to thereafter defend themselves against. Such gross and patent misuse of a socially enabling piece of legislation has
to be sternly condemned by the Courts and dealt with a very stern hand," it observed.

25
Mr. Pulkit Zamindar
Student: BA LLB (H)
National Law Institute University, Bhopal
Analysis of Fake News Law
The term fake news refers to news, story, information, data, and reports which are wholly or partly false. In a recent case on fake news in India a
WhatsApp message stated that UNESCO has recognized Jana Gana Mana as the best anthem in world. But in actual UNESCO does not have any such cat-
egory. Such examples can be endless as dissemination of misinformation and fake news is widespread over social media. With this in the background,
we will analyze the existing legal framework and proposed measures.
The Existing Legal Framework: The Information Technology Act, 2000 (IT Act) is a special law aimed to address the needs of information tech-
nology advancements. However, the law has only been amended once in the past 18 years and doesn’t effectively address the recent rapid technological ad-
vancements. The Indian Penal Code, 1860 (IPC) has provisions to curb hate speech and incitement which can be used to punish the offenders of fake news.
To understand who is liable for dissemination of fake news, it is pertinent to note the elements in the spread of fake news through an online medium include
Content Creator, Content Forwarder and Internet Platforms. The prima facie malafide intentions can be established against the Content Creator. The Content
Forwarders are often merely unsuspecting users who believe in the veracity of the content received. The Content Creator and Forwarder are usually punished
under Sections 124A, 153A, 153B, 295A, 500, and 505 of the IPC.
Legal Recourse in India: At present non penal complaints can be lodged with the News Broadcasters Association which is the voice of news
broadcasters to the government. The association is self-regulatory in nature and investigates complaints against news broadcasters in a fair manner.The Indi-
an Broadcast Foundation which was created in 1999 to look into the complaints against contents aired by 24x7 channels, is another body for lodging com-
plaints. Broadcasting Content Complaint Council also takes up matters relating to objectionable TV content or fake news. If a broadcaster incites communal
hatred, encourages violence against women or child abuse, airs contents having gory scenes of violence, promote superstition or consumption of drugs and
other contraband substances then the council can exercise its authority.
The Press Council of India (PCI), created by Press Council Act, 1978 is a statutory body. According to the above Act it can warn, admonish or cen-
sure the newspaper, the news agency, the editor or the journalist if it finds that the said newspaper has offended the standards of ethics or has committed any
professional misconduct. The complaint of fake news is registered as a complaint by the PCI and is dealt by under the Section 14 of Power to Censure under
the Press Council Act, 1978. Apart from these courts can approach under the relevant section of IPC and IT Act.
Proposed Reforms in IPC and IT Act: There are two new reforms proposed by the Draft on Information Technology Intermediaries Guide-
lines (amendment) Rules, 2018 and Law Commission Report on Hate Speech. The government has proposed proactive filtering which essentially means the
requirement to proactively identify and disable content. The said proposal also imposes a condition for large social media companies with more than five
million users to establish offices and subsidiaries in India.
The second proposal in the draft rules is for all intermediaries to ensure traceability of the originator of content shared on their platform. These draft
rules propose a mandatory traceability requirement for intermediaries to avail legal immunity under Section 79 of the IT Act. Under the Law Commission
Reportthe insertion of Section 153C in IPC, Prohibiting incitement to hatred and Insertion of Section 505A in IPC, Causing fear, alarm, or provocation of
violence in certain cases has been proposed.
Appraisal of Reforms: The Reforms under the IT act have the following drawbacks:
Immunities for Start-Ups- The government needs to consider retaining certain immunities for startups who are too small or who lack the mountains
of data required to create Artificial Intelligence programmes to proactively monitor the internet. If the government does not retain a higher level of immuni-
ties for startups it will only end up cementing the position of monopolies in the market.
Breach of Privacy- If the traceability requirement is made mandatory for the internet companies then the end to end encryption will fail. The Right
to Privacy which includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orienta-
tion will be breached due to traceability.
Suggestions for the Problem: Some of the provisions of the IT Act need to be revised and reinforced so that they can respond to the emerging chal-
lenges. The following suggestion can be considered for better implementation of the legal provisions:
Filtration for verified fake news- Intermediaries can provide for artificial intelligence and advanced softwares so that verified fake news and
provocative messages can be filtered by technical solutions.
Special Courts for Cyber Crimes- Special courts manned with trained Judges is very important to deal with cyber crimes because this is a sepa-
rate issue that needs to be dealt with separately.
Informed Public- The public needs to be educated about the misuse of social media and abuse of platforms to create an environment of trust, fair
dealing and proper decision making.
The assessment of the Indian legal system presents a mixed approach to tackle fake news. The Intermediary Rules Amendment Guidelines 2018 and
Law Commission Report on Hate Speech, if brought into force, will bring the much needed change in the legal provisions. The proposed Indian reforms in
IT Act and IPC are consistent with the legal developments around the globe. Social Networking creates a lot of issues for Indian legal system but with prop-
er reforms and implementation, India can easily neutralize the impact of fake news.

26
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