Health Care, Medical Education and National Medical Commission Bill

Health and health care development has not been a priority of the Indian States and it is a wellknown fact that all these facilities, policies and systems of healthcare are an eyewash and restricted to sheer papers. The worst aspect of this situation is that private medical colleges and institutions have become money making machine and in turn they take admissions of even the incompetent and unworthy students in consideration of inordinate fees and donations and as a result the doctors who get their degrees from these incompetent and unethical institutions are authorized to practice who are mostly inept, unskilled and unworthy thereby putting to risk lives of many of their patients. Over the years, the IMA and the MCI have been alleged to be deviating from its motto, thereafter doing little to control the rampant corruption in medical profession and medical colleges/government hospitals etc. Moreover, there is no transparency in their working or accountability for deeds. Medical care is not just a matter of accessibility and affordability but also quality as India prepares to fight the emerging problems of health care. To provide best health care at the lowest possible cost and make health care providers accountable for cost and quality, it is a high time for critical analysis regarding views and perspective of National Medical Commission Bill, 2017.

A Historical Perspective of FDI Policy in India

FDI is an important tool in the economic development of the nation and considered as the spine of an economy, determining its growth trajectory in a big way but India followed a very restrictive FDI in retail policy from 1991 to 2006. India opened the entryway to single brand retailers permitting outside retailers to have up to 51% ownership and six years later i.e. in 2012. Government of India declared total liberalization of the FDI retail policy approach in single brand retailing by allowing 100% FDI in single brand retail. Although the ongoing wave of incessant liberalization and globalization FDI in such frame could be huge challenge and its growth policy itself speak the history of FDI policy. Historically, the current FDI policy growth is an enormous challenge, which is the reason of the present paper. The study offer an outline summary of historical perspective of FDI policy in India with the assistance of knowledge collected from secondary sources. The secondary data has been collected from journals, research paper, newspaper, literature review and websites. In order to make an exploratory research, chosen in order to develop a profound understanding of the research topic and procure knowledge through concerning research objectives from different angles to explain it.

International Protection of Intellectual Property Rights: Special Refrence with Intangible Properties and Copyright Laws.

In view of the rapid pace of technological, scientific and medical innovations in India and abroad, the intellectual property rights i.e., copyright, patent and other neighboring rights, have been recognized in Indian and foreign jurisdiction. Moreover, its scope and content have expanded pursuant to statutory amendments over the years. Growing recognisiont, expansion and protection of IPRs needs to harmonised with the public interest. Within this backdrop, copyright law, patent law etc. have made elaborate provisions and endeavours have also been made at international level to strike a balance between protection of individual’s IPRS and social interest. The present article tries to examine the contours of protection of IPRS at national and international levels with special reference to copyright law.

Emergency Arbitrator: Indian Prospects

International commercial arbitration is one of the most favourite mode of dispute resolution in world for resolving commercial disputes. Speed and cost are two important features what makes arbitrationa sought-after mode for dispute resolution because in conventional dispute resolution by courts ‘Remedy becomes worse than malady’ due to delay and cost. Legalism and authoritative courts in Anglo Saxon societies make the justice dilatory and expensive which is termed analogically as a disease of ‘Adversariasis’. Judicial minimalism is encouraged by entrepreneurs and business class of world which results in enhanced thrust on international commercial arbitration. In any arbitration interim measures are sine quo non. The irreparable loss and balance of convenience demands intervention by authoritative body to order and issue processes which can binds parties and third parties. In such cases unless interim measures are sought by municipal national courts no effective and binding interim remedies can be granted to the parties and third parties. The arbitrator once appointed is competent enough to grant interim measures and it can also decide about its jurisdiction based on doctrine of Kompetenz-Kompetenz. However, if before the appointment of arbitrator, the need of urgent interim measures arises then obviously parties have to go to the municipal national courts but this judicial intervention is not the intent of parties as they are seeking judicial minimalism. In such situations the urgent interim measures can be granted by emergency arbitrator. The Arbitration and Conciliation Act, 1996 is silent about emergency arbitrator but Delhi and Bombay High Courts have given some pragmatic judgments, making the provision of emergency arbitrator, a reality. The real problem in emergency arbitrator is how one can grant interim relief even without being in existence i.e. when arbitrator itself is non est. ICC, SIAC and LCIA provide for emergency arbitrator. In this paper the author has tried to make an analytical and comparative overview of emergency arbitrator in Indian Perspective.

Noise Pollution: Concept and Remedies

In Subhash Kumar vs State of Bihar (1991) 1 scc598, the Supreme Court included pollution free environment as a part of dignified life under Article 21 of Indian Constitution. In India Noise Pollution is not given as much weightage as it requires .It was never considered pollutant in our society. Now the time has come when everybody has to think either to survive or perish. If the pollution (Noise or Others) are not controlled the human beings can not survive in the long run. Remedies for noise pollution are scattered under different-different statutes either in Civil laws or in Criminal laws. In the civil law it is covered in Nuisance. In Criminal law it is a crime and defined under section 268 of IPC as public nuisance and punishable under sections 290 and 291 0f IPC, read with section 133 of the Criminal Procedure Code, 193.

A Legal Analysis of Juvenile Justice Act 2015: Its Efficacy in Rohilkhand Region

A society is judged by the way it treats with their women and children.Providing a secured and dignified atmosphere to the children is a parameter of the development of the society.if the children are not protected accordingly and they are treated as fall devlop offender s in jail there it would have the effect of working the devlopment of child, exporting him harmful influences on his conscience and eliminating him from the society.The present paper will discuss the law relating to juveniles specially delinquent and neglected juveniles.Paper will also focus on law relating to juveniles in conflict with law and children in need of care and protection by providing for people care, protection and treatment by catering to their devlopment needs and by adopting a child friendly approach in the adjudication and disposition of matters in the best interest of children.

Criminal Procedure in China: Evolution and Hybrid Nature

China’s criminal procedure is undergoing an era of profound institutional reform. Ongoing experiments occurs frequently, just like an important laboratory for justice reform. The evolution of criminal procedure will be examined from 1979 to 2012 by means of referring to the code. It is clear that China’s criminal procedure demonstrates a hybrid nature by referring to the main weberian model-divides in the field of comparative criminal procedure.

Media Trial and Social Accountability

The emergence of media as an indispensable aspect of human existence has not been without baggage. While the media has played an important role in today’s globalised world, its everexpanding sphere of activity has touched certain aspects of human life that has come up for some sharp criticism in recent times. The changed role of media has forced people to pause and ponder and reflect on the need to reconsider the role of media in a time when history is taking a new turn. Seen in the Indian perspective, the role of media has been very critical at this point of time when it needs to cautious and careful in its effort to perform its expected duty. This paper tries in a succinct way to analyse the prevailing condition of the role played by media and how it touches the rights of people in ways both seen and unseen.

Cyber Crimes in India: Judicial Endeavours

The incredible evolution of information society and its dependence on Internet usage in world and particularly in India is laterally accompanied by vulnerability of societies to cybercrime. Cybercriminals are not constrained by geographical limitations as cyberspace is a free-flowing, borderless and a global problem. India has a dream to convert its society into information society by applying "Digital India" Paradigm, where government sector, the private sector and individuals completely depend on the Internet to conduct sensitive transactions and store important data on the cloud. This makes India Vulnerable to cybercrimes. Internet, worldwide connection of loosely held networks, has made the flow of data and information between different networks simple. With data and information being transferred between networks at distant locations, security related issues have become a major concern for the administrators. The advancement in the field of cyber crime has made administrators take serious steps to protect the system from unauthorized access or virus attacks. The growth of cyber crime in India since 1998 has shown an exponential curve. Though India has managed to control the cyber attacks and registered itself in the Fully Updated Countries still there is lot more work to be done to reduce the increasing cyber crime and protect the machine under threat. Data mining techniques are being used to save the machine and the network under threat. There has been some litigation or judicial decisions on cyber crimes across the world. Cyber litigation, in India, is still in its beginning and it is expected to raise high as the commission of cyber crimes and its reporting is increasing alarmingly. There has not been much litigation on cyber crimes so far, in India and this will be a challenge for judicial decisions on cybercrime in near future. Present Article point out the judicial view about Cyber Crime in India.

Role of Intellectual Property Rights for Achiveing Sustainable Development:A Present Scenario

From an expansive reasonable improvement perspective, licensed innovation (IP) may identify with various parts of a nation’s social and financial advancement. Its effect can be felt in mechanical, wellbeing, training, sustenance, biodiversity and social approaches. In investigating the issues identifying with maintainable improvement and the essential changes that have occurred in the IP scene, we will centre around issues that are attracting specific consideration real worldwide fora and to advancements that are occurring in two-sided exchange transactions. This paper will in this manner centre around understanding the centrality of the World Trade Organization’s (WTO) Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS), look at its fundamental highlights and evaluate the manners by which it has changed the scene of IP relations. In doing as such the paper investigates the key IP issues identified with feasible improvement, with accentuation on patterns and remarkable inquiries in the worldwide talk. In this regard, the issues identified with access to learning, access to wellbeing and the connection between the worldwide IP engineering and the security of biodiversity and conventional information (TK) has involved a significant part of the consideration of policymakers. This paper in like manner focuses its request on these issues. We start with a short presentation on the reason and the fundamental controls of licensed innovation rights (IPRs).