Indian Journal of Law and Human Behavior

 Reservations are an essential element of any democratic society where some population does not get fair and proportionate representation in governance and administration. Such representation is further necessary in the societies where social prejudices and caste biases are practiced avoiding certain populations mingling and associating with mainstream society like India where caste prejudices practiced since ancient times towards SCs, STs and OBCs and gender bias towards women. The representation of these populations have been fully forbidden in conducting social and public life, access to education, access to public employment and entering into political arena in the name of caste and gender. The representation of populations can be ensured by law to maintain the peace and fairness in society and to provide good governance. Good governance requires representation of all kinds of interests in a welfare nation. This is because to protect such interests and to maintain balance and fairness in governance and to achieve “Sarve Janah Sukhino Bhavantu”. The Constitution of India and other legislations have been enacted to give fair chance of representation of Dalits and women to some extent in governance by providing reservation in education and public employment. Though 70 years of India’s independence have been passed, still the representation of Dalits and women in educational opportunities, public employment and political field is not reached the desired goals of reservation for these communities. The Bill providing 33% percent reservation for women in higher politics is still pending, the 18% reservation for SCs, 7.5% reservation for STs and 27% reservation for OBCs in educational opportunities and public employment is not implemented effectively still now and reservation in promotions belonging to SCs and STs is still hanging. The reservation for SCs, STs and OBCs still not been achieved to the level of desired goals of it. However, the Union Government stepped into another kind of reservation which may be irrational to provide 10% reservation to economically weaker sections of the society. This is irrational because still India have not been achieved the goals of equality especially the removal of caste and untouchability in society by not implementing the reservation policy as desired by the framers of Constitution of India. The 10% reservation for economically weaker section of the higher caste is going to deepen the caste system and untouchability. The reservation for economically weaker section is not a bad concept itself, but without emoval of caste system and untouchability it is not sustainable and rational.

Keywords: Reservation; Rationality; Scheduled Castes; Scheduled Tribes; Other Backward Classes; Economically Weaker Sections.

Going-after to attack pricing puts forward a question for which decision is hard that has troubled and made secret designs the antitrust group for many years. On the one hand, history and of money and goods theory do teaching to that going-after to attack pricing can be an instrument of bad language, but on the other side, price copies of smaller size are the mark of competition, and the clear-cut help that users perhaps most desire from the of money and goods system. As the name suggests, going-after to attack pricing is the experience pricing of goods or services at such a low level that other firms cannot make an attempt to be placed over others and are forced to let go of the market. Thought this experience was mostly used by the government agencies to put a check on the unlawful activities and control monopolies of the offices, it act as a redressal apparatus rather than a sign of danger to the Equality 1 and state of being free as promised under the law. The Competition Act, 2002 outlaws going-after to attack pricing, giving attention to it as a wrongly use of chief position, stopped under Section 4. going-after to attack pricing under the Act means the exchange of goods for money of goods or statement in law of arms, at a price which is below the price, as may be worked out by rules, of producing of the goods or statement in law of arms, with a view to get changed to other form competition or put out waste (from body) the competitors. going-after to attack pricing is pricing one's goods below the producing price, so that the other players in the market, who are not chief, cannot take part in competition with the price of the chief player and will have to let go of the market. The CCI in Re: Johnson And Johnson Ltd. said that "the liquid with special merits of predatory pricing is below one's price with a view to taking away one being in competition against."

Keywords: Competition; attacks; Indian Telecom.

Migration involves physical movement from one place to another which causes population distribution to bring out socio-economic, cultural, political and legal changes. In modern time, migration has been considered as an essential phenomenon to human societies, cultures, and civilizations throughout the years irrespective of the countries and continents of the world. It is evident that migration has played a crucial role throughout the years in shaping the world as we know it today. It is not a recent phenomenon; on the contrary, it has been part of the human history since its very beginning made for various reasons in search of better opportunity of living. Now a days, migration and settlement in new areas create problems in environment protection in terms of implementation of various laws related to Environment Protection.The present communication deals with some recent cases of problems faced by Government machineries to implement judicial orders for protection of forest land which are due to migration citing cases of Guwahati in Assam, India.

Keywords: Migration, Environment protection Laws, Problem of implementation, Assam.

The Indian telecom sector is growing at a very fast pace and will continue to be on this expansion path exploring new opportunities. This rapid development of telecommunications services in India has accelerated the socio-economic development of the country largely. With the expansion of telecom sector in India the use of information and communication technology (ICT) services have increased and at the same time have also facilitated sound network connectivity throughout the country. We have likewise seen an enormous growth in the quantity and quality of data that is being created by employing advanced ICT services. With the enhanced level of ICT services, the Indian telecom sector is exposed to numerous kinds of data security and information protection dangers. Taking into consideration changing dynamics of the sector and efficiency potential of data analytics the paper has discussed whether there is adequate protection of data privacy and ownership rights of users and the challenges associated with it. Another important issue that has been be addressed in the paper is to what extent individuals can dominate the manner in which data concerning them is retrieved and utilized by various entities. This paper has also discussed the recommendations given by Telecom Regulatory Authority of India (TRAI) in its consultation paper published in July 2017 concerning ‘Privacy, Security and Ownership of Data in the Telecom Sector’. The paper is ended with a meaningful concluding remark.

Keywords: Data Privacy; Data Security; Telecom Regulatory Authority of India; Telecommunication; Telecom Service Providers.

Patent law is considered to be the most old and important aspect of the intellectual property regime and the concept of novelty is the most cardinal aspect while granting the patent with respect to any invention. Novelty seeks to ensure that patent should not be issued if the same invention already exists. Although gauging the novelty of simple inventions are easy but it can be difficult in case of those complex fields like biotechnology, chemistry, and pharmaceutical. For example, if a drug company seeks to patent a promising molecule that was disclosed but never physically made in the prior art, the key possession question is whether a person having ordinary skill in the art could have made it at the time of the prior disclosure. This research is an attempt to understand the basic meaning of the prior art and further look in into legal system to understand how it have been understood by the statue itself.In particular to understand how statue have defined the role person skilled in art, what is prior art and what are the aspects embodied in it. 

Keywords: Prior Art; Person Skilled in Art; Prior Publication, Anticipation.

The law put into force of the Arbitration and Conciliation Act, 1996 was put forward to mark a moving away from the old and wise close overseeing of the courts and to make stronger the sense of right of a group of person’s self-rule. however, the Judiciary plays an important part in support of the Arbitration process, where there is an opening, nothing in between or an unsuccessful person in the Arbitration apparatus, where there is a need to make for a time only arrangements waiting a Award, to put into operation the Award. in addition, it is necessary to (be conscious) have seen before the most important part that courts play in supporting the true, good nature of trading, business like Arbitration process. By and greatly sized, parties to between nations bits of business select to make decisions as authority in the end disputes not because Arbitration is simpler than Litigation, not because it is cheaper, not because persons making decisions as authority may have greater on the point expert knowledge than person Judges, although any one of those factors may be of interest; they make decisions as authority simply because neither will have pain of its rights and obligations to be strong of purpose by the courts of the other party’s one’s nation. Increasing between nation’s trade and an outer covering is acted together with by growth in cross-limits trading, business like Disputes. Given the need for a good at producing an effect of Dispute error apparatus, between nations Arbitration has came out of as the supported thing for which selection is made for getting an answer to cross-limits trading, business like disputes and keeping safe business relations.With a things coming in of over-seas trading, business like bits of business and open ended of money and goods policies act as a catalyst, between nations trading, business like disputes getting mixed in trouble India are with a level head going higher. This has led to very great chief place from the between nations town in Indias between nations Arbitration system of things. being in debt to certain open to argument decisions by the Indian Judiciary in the near in time past, especially if getting mixed in trouble an out-of-country group of persons, the between nations group has kept a close watch on the development of Arbitration laws in India and has often made an opinion the Indian Judiciary for its (thing) in the way in between nations Arbitration and in addition territorial application of kept by man laws to awards got outside India. But this point of view of the Indian Judiciary in the direction of Arbitration is now rapidly changing since the past grouped in 2 of years. Not ever before has one see, N so many pro-arbitration ruling by Indian Courts. From 2012 to 2014 the Supreme Court of India declared the Indian Arbitration law to be seat centric, taken away Indian Judiciarys power to come between with Arbitrations seated outside India, and said is untrue solid limit of (thing) in the way in India seated Arbitrations, declared false behaviour to be arbitrable in India, said something about non-parties to a Arbitration agreement to come to live disputes through Arbitration, formed the range of observation of public agreement in out-of-country seated Arbitration, gave respect to the importance and self direction and not taking sides of even government having all necessary things persons making decisions as authority, and has thus made clear the much needed.

Keywords: Arbitration and Conciliation; Between Nations; Judiciary.

This paper provides a brief background of Corporate Social Responsibility (CSR), the concept and its evolution in India and in the world. The paper seeks to analyse in detail the CSR provisions new companies’ bill and provide critical comments, identify key issues and provide solutions to it. The paper talks about the shift from Corporate Social Responsibility to Corporate Social Obligation. It talks about properly channelizing the huge funds expected to be generated by 2% mandatory CSR norm. It talks about taking an integrated approach by companies to pursue CSR by collaborating with other companies and NGOs and sharing their core-competencies. It has been suggested in the paper that companies can serve well researching and developing innovative solutions for our socio-economic problems by using their core-competencies. The paper also underlines that CSR also must involve environment friendly solutions and integrate social and ecological aspects in their CSR work. The paper also urges that CSR is as much about how companies earn their money as about how they spend it. There is no meaning of spending on CSR if, first of all, a company earns profit by illegal and dubious means. The paper has also analysed a long term possibility of rise of a flourishing CSR industry on lines of outsourcing industries like BPO, IT outsourcing etc. The paper has also analysed problems such as apparent rigidness of Section 135 according to which CSR policies should be framed only in accordance with Schedule VII. The Author has advocated a mix of flexibility and rigidness in this. Problem of enforceability has been discussed and solutions like penalty taxes been suggested. Other problems like continuing support to NGOs, taking voluntary part out of CSR, mitigation of impact of a business, stress on local areas etc. have been analysed.

Keywords: Corporate, Social, Responsibility, Companies, Problems, Opportunities

Competitors are expected to compete with each others; competition creates efficiency, encourages innovation, improves quality, reduces costs and prices, gives choice to consumers at lower prices and so on and so forth. If competitors collude, it becomes cartel. Cartels are considered as the most harmful violation of competition law globally. Cartels may earn profits at monopoly levels; however, their losses to consumer, society, economy and business are enormous. This article discusses cartel, its harm on consumers, economy and business. It also highlights the quantum of penalties imposed in some of the major cartel cases in India. This article also suggests steps business should take to avoid being a party to cartels.

Keywords: Business; Cartel; Competition.

Corporate social responsibility today is performance driver of a successful communication campaign of the corporate world. Organizations are using CSR activities to enhance their corporate image which in turn directly affects the customer perception of the organization. Organization are adopting measures that are internally fair and of benefit to the larger community. To signify responsible corporate behavior, codes of corporate ethics, corporate social & environmental reporting is established. Organizations with better reputations enjoy competitive edge over those with lower reputation. Now a day’s concerns arise regarding the role of appropriate actors in disbursing the corporate social responsibility. A vital question today is “who should assume responsibility for workers and do nations shape the practice of CSR in a global economy? (Townsley and sthol, 2003)”. Role of CSR as strategic partner to gain competitive edge is greatly emphasized. Recent research have identified non-market forces, social issues and CSR as key areas of business strategy; CSR is emerging as tool to increase corporate reputation. The diversity of issues included in CSR range from the environmental aspects of air, water and habitat pollution to employee & human right abuse in unfair labour practices and dangerous products sold to consumers. CSR activities can be divided into four categories namely legal, ethical, economic & discretionary. Corporate social responsibility is an attempt at “Conducting a responsible business, in achieving commercial success in ways that honour ethical values and respect people, communities and conserve the natural environment”. The corporate social responsibility operate on the principle of social responsibility, responsiveness and outcomes.

Keywords: Corporate, Social, Responsibility, Brand, Legal, Management

Liberalization of trade or integration of world economy is nothing but removal of trade barriers that may be tariff or non tariff. It ensures to free flow of capital, goods and services across the world.  WTO strives to eliminate all trade barriers; it recognizes that nations required be flexible to adjust economic as multilateral agreements. Thus, as result of liberalizations, any person can invest in any market, anybody can sell their goods, provide service in corner of world. The developed countries have started dumping of their goods into the foreign market in order to grab competition. Subsequently it leads to monopoly, which is the worst situation of the market. That ultimately affects the consumer at the large. The importing country may adopt protective measures to temporarily protect their domestic industry and economy, like Anti-dumping. This paper focuses on the aspects like Antidumping and competition. Researcher desires to highlight the issues and challenges between these two legislations. Most prominently researcher will through light on pros and cons of Antidumping and competition upon consumer rights. 

Keywords: Anti-dumping, Competition, Consumer, Trade, Liberalisation

Today, more than one billion people, or approximately 15 per cent of the world's population, live with some form of disability and 80 per cent live in developing countries [1]. The disability of a person requires special attention whatever is his status. Unfortunately, the people with disability is not adequately addressed in our correctional home system as they are the minority. This paper aims to explore how far our correctional homes are friendly with differently abled prisoners.

Keywords: Disability; Rehabilitation; Impairment; Handicap; environment; ICT; Equality of opportunity.