“Space law is the law meant to regulate relations between States to determine their rights and duties resulting from all activities directed towards outer space and within it – and to do so in the interest of mankind as a whole to offer protection to life, terrestrial and non-terrestrial, wherever it may exist.”

– Lachs M., The law of outer space – An experience in contemporary law-making, 1972, p. 33

Space Law is the field of law that governs activities related to space. Satellites, space invasions, new outer- space discoveries, space exploration, use of weapons, rescue operations, environmental degradation etc, have all been given a legal connotation that’s called space law. It encompasses both domestic and international agreements but the main issue that arises under space law is that who will be the governing body when conflicts like these arise? Essential objectives of space law are to guarantee a sane, dependable way to deal with the exploration and utilization of space for the advantage and in the public interest for all mankind.

International space law evolved in parallel with the development of space technology and, as a result, remained insignificant until the start of the Space Race. Therefore, it consisted mainly of just suggestions, discussions, speculations, and the human imagination that had driven a passion for exploring the unknown.

Firstly, it is necessary to stress the importance of space science, which is still the “driving force” of everything connected with international space law. Without scientific discoveries there would be no need to regulate space affairs by law.

With the advancement of rocket science, questions about the legal regulation of aviation appeared on the world’s agenda. The swift development of international aviation attracted the attentions of lawyers and academics, as well as of government officials and military commanders. In 1910 Emile Laude noted that there special laws were needed for outer space as a region. In 1926 V. A. Zarzar of the Soviet Air Ministry indicated his view that there was an upper limit to a state’s sovereignty over its airspace, and that a separate legal regime would be required to deal with the arena beyond this ‘upper zone’. It is fascinating that already in 1928 Herman Potočnik (pseudonym Hermann Noordung December 22nd, 1892 – August 27th, 1929) the rocket engineer and pioneer of cosmonautics (astronautics) of Slovenian ethnicity published his book ‘The problem of space travel: The rocket motor’, in which he presented a plan for a breakthrough into space and the possible establishment of permanent human presence, i.e. long-term human habitation of space, by building a space station that would be positioned in the geostationary orbit. His speculation foresaw the possibility of using space stations for possible Earth observations. His work is especially acknowledged from a technical point of view although he did not address the legal issues of space in regard to international law.

The UN has been involved in outer space-related activities from its conception under the UN Charter for the progressive development of international law and through the Committee on the Peaceful Uses of Outer Space (hereafter UNCUPOUS), especially in terms of overseeing a legal framework regarding outer space through its Legal Subcommittee. It has introduced five international legal instruments governing space activities that have all entered into force – t.i. Corpus Iuris Spatialis Internationalis, and the General Assembly has adopted five sets of Principles governing activities in outer space, also known as Space Resolutions. Therefore, the UN instigated the basis for what has become a separate and distinct discipline within the field of international law, i.e. international space law. 

Furthermore, international law which applies to outer space is also included within the UN Charter and this obliges all UN members to settle disputes by peaceful means and prohibits the threat of or actual use of force against the territorial integrity or political independence of another state. The charter also recognises a state’s inherent right to act in individual or collective self-defence

Primarily, the United Nations Office for Outer Space Affairs commonly referred to as the UNOOSA is tasked with the mission of promoting international co- operation and the peaceful use of outer space. Under this UNOOSA, there are five more treaties- but to carefully note- it is only binding on the member states that have ratified it. While discussing these five more treaties, we’ll also be taking a look at the various space legislations enacted by different countries.

• The Moon Treaty- The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies
• The Registration Convention- The Convention on Registration of Objects Launched into Outer Space
• The Liability Convention- The Convention on International Liability for Damage Caused by Space Objects
• The Rescue Agreement- The Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space
• The Outer Space Treaty- The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies

Out of all these five treaties, the Outer Space Treaty is the most important one. It gives us a wholesome view of the space law regulations, and clearly lays down that the space is no one’s property. It can be used and explored by anyone, but anyone who wishes to operate in outer space, must do it peacefully, which means there cannot be any country who has the right to establish any military base in outer space. No member nation of the UNOOSA or for that matter, no country can own a land or any celestial or extra- terrestrial body. The moon and the stars are nobody’s and everybody’s- no country or body of organizations, not even the UNOOSA, can just plant their flag in outer space and claim that the particular property belongs to them. Representing their country as an astronaut, does not confer the right to ownership to that person, in outer space. An astronaut as soon as he steps out of his country’s space vessel, and steps on to the celestial body, cannot appropriate it to his own benefit. The celestial bodies are accessible to all without any discrimantion or unlawful intervention, but it must benefit everyone, and without any contamination caused to the environment, since space is an area without defined boundaries.

Following is an overview of some national space laws and national regulatory frameworks enacted by different countries-

United States- The National Aeronautics and Space Administration is the world leader when it comes to space exploration. While the NASA has left no stone unturned in being the dominator in outer space, it is the only federal agency of the USA who in consonance with the UNOOSA principles and conventions has adopted similar peacekeeping rules such as anti military measures, environmental preservation etc.
Russia- Russian space activities are governed under the statute- Law of the RUSSIAN FEDERATION “ABOUT SPACE ACTIVITY”, which is the constitution for the Russian Space Agency is further divided into chapters and articles which govern Russia’s actions in the outer space. Since Russia is a party to the UNOOSA, Article 26 of the above mentioned statute creates an obligation on the nation to ensure international cooperation as stated in the Outer Space Treaty.

India- Indian Space Research Organisation is the Indian space agency operating under the Government of India, which harnesses space technology and exploration for national development and international co- operation in the global community. It enacts its own legislations with the approval of UNOOSA.

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WRIT PETITION (CRIMINAL) NO. 76 OF 2016

Decided on- 6th September, 2018

Bench- Dipak Misra CJI, A. N. Khanwilkar Judge, D.Y. Chandrachud Judge, Indu Malhotra Judge, R F Nariman Judge.

FACTS OF THE CASE

Section 377 of the Indian Penal Code states- “Unnatural offences: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

In 2009, in a case named Naz Foundation v. Government of NCT of Delhi, the Delhi High Court struck down section 377 of the IPC. The petitioners challenged the provision’s constitutionality and contended that the section was violative of Article 14, 15, 19 and 21 of the Constitution. The parties contended that it was a victorian- era law and had no place in today’s society. It also punished two consenting adults having consensual sexual intercourse which was not in any manner peno- vaginal or beastly. The HC struck the section down observing that the section clearly infringed the right to personal liberty, right to live with dignity and privacy of an individual. It violated the right of equal protection guaranteed by the Constitution through Article 14.

Then in 2013, a petitioner Suresh Kumar Koushal challenged the decision of the Delhi High Court in the above case. The Supreme Court in this case, Suresh Kumar Koushal v. Naz Foundation and Ors., overruled the Delhi HC’s decision and reinstated Section 377 based on the reasoning that only the Parliament had the power to debate and declare the section unconstitutional. “A miniscule fraction of the country’s population constitutes lesbians, gays, bisexuals or transgenders and that the High Court had erroneously relied upon international precedents in its anxiety to protect the so-called rights of LGBT community.” The bench comprising of Justice G. S. Singhvi and J. S. Mukhopadhyaya stated- “ “In view of the above discussion, we hold that Section 377 IPC does not suffer from the vice of unconstitutionality and the declaration made by the Division Bench of the High Court is legally unsustainable.”

Five individuals from the LGBT community, dancer Navtej Singh Johar, journalist Sunil Mehra, businesswoman Ayesha Kapur, hoteliers Aman Nath and Keshav Suri and chef Ritu Dalmia filed a writ petition before the Supreme Court, challenging the constitutional validity of Section 377 of the IPC and the decision of the two judge bench in the Suresh Koushal case. They challenged the section “punishing consenting adults having sexual intercourse and rendering it as an act against the order of nature”.

ISSUES RAISED

• Whether Section 377 of the IPC violated-Right to Equality guaranteed by Article 14 of the Constitution
  Freedom of Speech and Expression under Article 19 Right to Privacy and Right to live with dignity under Article 21 of the Constitution.
• Whether, rendering consensual relationship a crime as being against the order of nature according to Section 377 of the IPC is arbitrary?
• Whether the fact that the law discriminates between individuals based on sexual orientation is violative of Article 15 of the Constitution?

ARGUMENTS BY BOTH SIDES

PETITIONER

The counsel for the petitioners relied on the ratio in the case K. S. Puttaswamy v. Union of India, which laid down that “ sexual orientation is also an essential attribute of privacy. Therefore, protection of both sexual orientation and right to privacy of an individual is extremely important, for without the enjoyment of these basic and fundamental rights, individual identity may lose significance, a sense of trepidation may take over and their existence would be reduced to mere survival.” That the right to privacy also extends to LGBTs who have a right to exercise their choice without any fear of being subjected to humiliation. No person has the power to direct how an individual chooses to go to bed as.
The counsels while re-affirming the Delhi HC’s decision in the Naz Foundation case, also placed reliance on the case of Manoj Narula v. Union of India, as an example of cases where constitutional morality had been averted to. The Supreme Court is the guardian of the Constitution, and it is this SC who is “the final arbiter of constitutional rights” and that should protect the constitutional morality and do away with the social disregards.
To substantiate their contentions, counsel for the petitioner, sought reference from the cases, Francis Coralie Mullin v. Administrator, Union Territory of Delhi and others and Common Cause (A Registered Society) v. Union of India and another, wherein the bench held that Article 21 guarantees the right to life and liberty, and it is meaningless if it cannot confer individual dignity to all including the LGBT community, and the meaningful expression of human self.
The petitioners drew the attention of the Court to the Justice J.S Verma Committee on Amendments to Criminal Law which had observed that “ ‘sex’ occurring in Article 15 includes sexual orientation and, thus, as per the petitioners, Section 377 was also violative of Article 15 of the Constitution on this count.”
It was also contended that the LGBT community feared prosecution and persecution upon revealing their identity and therefore they never approach the court. They seek help from parents, teachers, NGOs, to speak on their behalf.

RESPONDENT

The counsel contended that Article 15 of the Constitution was not violated since it only prohibits discrimination on the grounds of only religion, race, caste, sex, place of birth or any of them but not sexual orientation.
They placed reliance on the case of Fazal Rab Choudhary v. State of Bihar wherein it was observed that the section implied sexual perversity, or sexual bestiality that was against the order of nature and it was very well within the jurisdiction of the State to put ‘reasonable restrictions’ on the activities between a man and woman that were offensive, perversive or against the order of nature.
Placing reliance on the decision in State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat and others, the counsel contended that the interest of the society, country or community as a whole is primary to the interest of an individual citizen notwithstanding how important the citizen’s interests are.
Firstly, the Court does not have the authority to amend a statutory provision, add or delete words from it. Secondly, if the section is decriminalised insofar as it penalizes sex between two people of the same sexual orientation, it will affect the family system and the institution of a marriage, traditionally believed to happen between a male and female, it will give rise to a number of social issues, which the legislature cannot accomodate at this point of time, and these issues will create a menace for the existing laws too.

JUDGEMENT

The judgement order dated September 6th, 2018 reads-

The 5 judge bench unanimously declared that Section 377 was unconstitutional in so far as it criminalised, two adults of the same sexual orientation having consensual sexual intercourse and that is was a matter of utmost privacy. It overruled the decision of the bench in Suresh Koushal v Naz Foundation.

The Court relied on its own decision in National Legal Services Authority v. Union of India, where it reiterated that “gender identity is intrinsic to one’s personality and denying the same would be violative of one’s dignity.”
It would be violative of their fundamental right to privacy if we discriminate between the LGBT based on the ground that they form a minority of the population.

The bench also referred to Shafin Jahan v. Asokan K.M. and Shakti Vahini v. Union of India to reinstate that an adult’s right to “choose a life partner of his/her choice” is an aspect of individual liberty.
Something that two individuals belonging to the LGBT community decide to do in private in no manner harms the “public decency or morality”. “Intimacy between consenting adults of the same sex is beyond the legitimate interests of the state”

The Chief Justice relied on the “principles of transformative constitutionalism and progressive realization of rights and held that the constitution must guide society’s transformation from an archaic to a pragmatic society where fundamental rights are fiercely guarded.” He further stated, “constitutional morality would prevail over social morality”. They also affirmed that homosexuality was “not an aberration but a variation in the sexual orientation of an individual”.

EFFECT OF THE JUDGEMENT

The judgement has placed reliance on the concept of transformative constitutionalism which has paved a way for a plethora of very essential amendments and reformations in the legal field. It has been a landmark judgement in the history of the country since it not only recognizes the identity of individuals belonging to the LGBT community but also confers upon them global acceptance by the society. After this relief through a landmark judgement, the next fight in the history of legal arena would for the social and economic provisions for such individuals including the right to marry a person of the same sex or any person of their choice.

The post Case Analysis: Navtej Singh Johar v Union of India appeared first on Legal Desire Media and Insights.

Yes, the stereotypical perspective that is still very much prevalent in our country, in some communities, towns or villages, regard the desire to marry the same sex as a crime.

“Marriage is basically a contract that gives you certain rights- property rights, child custody rights amongst others. We (LGBT) don’t have all that but I cannot be arrested for getting married. Marriage does not have legal sanction. If it was illegal to put up a matrimonial ad then if you open up the papers you will find so many escort ads, all of those are illegal. I cannot go to jail because I got married to someone but I can go to jail because I had sex with someone,”- says Harish Iyer, a mumbai based activist who works for the human rights of the LGBTQIA+ community. He is a survivor of child sexual abuse and came into spotlight in 2015, when his mother Padma Iyer approached a number of newspaper agencies to print an advertisment seeking a ‘groom for her son to marry’. Every major newspaper agency refused to print the advertisement except Hindustan Times who finally printed it.

In a country like India, even the practices that are expressly illegal- such as child marriage, child labour etc, are prevalent. Small towns and villages in Haryana and Rajasthan still practice them under the garb of their very old culture and custom and not a single being dares to interfere or challenge it. Anyone who tries to bring a change in their mentality by intervening in their personal affairs is highly criticised and looked down upon. The traditional definition of marriage has always been a relationship between two people of the opposite sex deciding to spend their life together. For them, it is absurd to believe that their son or daughter wants to marry a person of the same sex- that is their son wants to marry a male or a their daughter desires to marry a female. Such backward thinking regards it as a psychological problem. It’s true- parents take their children to psychologists or psychiatrists for such issues in India.

Coming to statutes, the law is silent on this issue as of yet. Same sex marriages are not expressly ‘illegal’ or ‘legal’ according to law. Consider, if a person married an alien, a being from another planet, would it be illegal in India or would it be accepted? It will not be accepted but it will also not be punished since the law never thought of someone marrying an alien. Similar is the status for same sex marriages.
In spite of the fact that Section 377 has been decriminalised by the Supreme Court lately, there is no provision regarding marriages of the same sex. As of today only 24% of Indians readily accept the idea of same sex marriages, while 62% disregard it, the remaining 14% are silent on it. The majoritarian and political views cannot interfere with an individual’s personal choices. Ideally it should be this way, but the actual scenario is a lot different in India. People often say that after the decriminalisation of Section 377, the next fight in the legal arena would be demanding legalisation of same sex marriages in India.

A parent, mother of a 20 year old female, was asked- what would your reaction be if you found out your daughter’s sexual orientation is that of a lesbian and that she is attracted to females and desires of marrying a female in future. The mother- was silent, she was dumbstruck. After a while, her answer was, “I don’t know how will I take it, it is modern thinking, but to survive and live peacefully and to be accepted in a society like ours, we need to follow what has always been followed- to sustain harmoniously, grow a family and live how everyone has been living since ages.”

The codified or uncodified religious laws do not talk about marriages with the same sex. But the equal right to life guaranteed to citizens by our Constitution cannot be overshadowed by people’s draconian anti- LGBT beliefs, peer pressures and societal threats. Article 21 of our Constitution forbids the state from meddling with the private and personal choices and individual freedom of the person. The term individual freedom is a succinct term to incorporate inside itself every one aspect of rights that goes to make up the ‘personal liberty’ of an individual. It would incorporate the security and sacredness of an individual’s home just as the dignity of the person.

A growing number of countries such as Germany, Malta, Ireland, Finland, New Zealand, Argentina, South Africa, Sweden, Spain, United States have legalised same sex marriages. Even in India, movements like ‘coming out of the closet’ are bringing with them acceptance of same sex marriages but will India be joining the list anytime soon, we cannot say.

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India is the most digitally-advanced traveller nation in terms of digital tools being used for planning, booking and experiencing a journey, India’s rising middle class and increasing disposable incomes has continued to support the growth of domestic and outbound tourism.

During 2018, foreign tourist arrivals (FTAs) in India stood at 10.56 million, achieving a growth rate of 5.20 per cent year-on-year. FTAs in January 2019 stood at 1.10 million, up 5.30 per cent compared to 1.05 million year-on-year.

The travel & tourism sector in India accounted for 8 per cent of the total employment opportunities generated in the country in 2017, providing employment to around 41.6 million people during the same year. The number is expected to rise by 2 per cent annum to 52.3 million jobs by 2028.

International hotel chains are increasing their presence in the country, as it will account for around 47 per cent share in the Tourism & Hospitality sector of India by 2020 & 50 per cent by 2022

This industry is governed by the Ministry of Tourism and Development at the Centre and under State regulations at the State level. Hotels industry comprises of eateries/ restaurants, lodging places, amusement parks, event management, and so forth and incorporates activities, for example, logistic operations and direct activities including servers, watchmen, maids, barkeeps, kitchen keepers, and so on. Such administrations that are given by the hotels establish to be the subject matter of laws that control the hotel and restaurant business. Establishing and running a hotel or a restaurant is not a cake- walk, it requires mandatory compliance to all the stringent requirements, protecting the customer’s interest from not only civil wrongdoings, but also protection from activities which will bring criminal liability upon the hotel authorities, such as gross negligence, accidents, or terrorist related threats.

The Hotel Industry is integrally related to the travel industry and the development in the Indian travel industry has thus brought about advancement in the Indian Hotels Industry. The Government of India expanded assets on publicizing efforts like “Unbelievable India” and “Athithi Devo Bhava” to underline the rich spectrum of the travel industry in India.

For the four different zones- north, south, east and west various associations have been set up. The discussion that follows will enlighten the reader about how the hotel and restaurant industry is governed and regulated in India.

The Hotel Association of India is one central authority that regulates the hotels all over India but has under it various sub- associations divided on a regional basis-

• The Federation of Hotels and Restaurants Association of India
• The Hotel and Restaurant Association of Eastern India
• The Hotels and Restaurant Association (Western India)
• The Hotel and Restaurant Association of Northern India
• The Southern India Hotel and Restaurant Association

The Hotel and Restaurants industry is primarily governed by the Hotel and Restaurant Approval and Classification Committee constituted by the Ministry of Tourism. For the institution of a new hotel or restaurant, the certification of this committee is required- the committee checks and asses the hotels based on the facilities they intend to provide to their customers. The approval granted by the committee remain valid for 5 years but when a hotel is in its operative stage, the same approval ceases to remain valid within three months. The respective hotel must apply for the classification during these three months. Once the classification is obtained, it becomes valid for 5 years.

For establishing a hotel or restaurant, certain licenses have been made mandatory by the nodal authority at the Centre that is the Ministry of Tourism and Development and by various other acts- Temporary License for Awnings & covering of Terrace during monsoon, Building Completion Certificate, Copyright License for Playing of Music, Lodging House License, Approval from the Department of Tourism, Government of India, Registration under the Luxury Tax Act, Registration under the Sales Tax Act, Registration under the Contract Labour Act, Registration under the Pollution Control Act, Registration under the Apprentices Act, Registration under the Provident Fund Act, Registration under the ESI Act, Entertainment License on Festival Occasions, License for Chimney under the Smoke Nuisance Act, Registration under the Weights & Measures Act, Factory License for Laundry, Central Excise License for Bakery Products, etc.

Apart from the above- mentioned committee, there are various other legislation such as-

• Prevention of Food Adulteration Act, to protect customers from intake of poisonous or harmful food.
• The Air (Prevention and Control of Pollution) Act, 1981 to curb measures which lead to air pollution.
• The Water (Prevention and Control of Pollution) Act, 1974, for prevention and control of water pollution by hotels.
• GST
• Income Tax Act, 1961, which makes the hotels and restaurants liable to pay VAT, Service Tax, Entertainment Tax, CENVAT, Expenditure Tax, Luxury Tax etc.
• Hotel Insurance Policies and other local laws.

The leading brands of hotels in India, that are indigenous include The Taj Group, Mahindra Group, Oberoi Hotels, The Leela Group, ITC Hotels, etc. The foreign leaders are- JW Marriott Chain of Hotels, Ritz Carlton, The Hyatt Regency, Hilton Group, Radisson Group etc.

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1. No Poverty
2. Zero Hunger
3. Good Health and Well Being
4. Quality Education
5. Gender Equality
6. Clean Water and Sanitation
7. Affordable and Clean Energy
8. Decent Work and Economic Growth
9. Industry, Innovation and Infrastructure
10. Reduced Inequality
11. Sustainable cities and communities
12. Responsible Consumption and Production
13. Climate Action
14. Life Below Water
15. Life on Land
16. Peace and Justice Strong Institutions
17. Partnerships to achieve the Goal

The SDGs are special in a way that they spread awareness about issues that influence all of us. They reaffirm our universal duty to end destitution, for eternity, all over the place. They are goal-oriented in ensuring nobody is abandoned or left behind. All the more significantly, they include every one of us to manufacture a progressively sustainable, more secure, increasingly prosperous planet for all mankind.

Child Mortality has decreased substantially over the past decades

Although, the ratio of child death has reduced by 47% from 2001, still 5.6 million children are dying each year, that too due to preventable causes. Neonatal deaths have seen less progress.

Child Marriage is continually declining

The percentage of child marriages has declined by 40% mostly in Southern Asia. The number of girls being married as child brides is surprisingly declining, which is a good thing.

Even though extreme poverty has reduced all over the world, there are still places in the world where poverty subsists

Extreme poverty has reduced by 11% since 2013, but the poorest population in the world lives in the Sub- African and South Asian region.

After a prolonged decline, global hunger is one the rise

As of not long ago, global hunger was diminishing. Sadly, that pattern has switched as the count of undernourished individuals rose to 815 million in 2016. Droughts, conflict, and catastrophes connected to environmental change are among the components causing this reversal in the long term progress in battling global hunger.

Immediate action on climate change is necessary since 2017 has recorded one of the warmest years on record

Increasing concentrations of greenhouse gases, rising sea levels, demand urgent accelerated action on the Paris Agreement on climate change, which has been ratified by 175 countries. Around the globe, the common people with the help of their governments, are taking bold actions to fight climate change. More and more of it is needed.

“With just 12 years left to the 2030 deadline, we must inject a sense of urgency. Achieving the 2030 Agenda requires immediate and accelerated actions by countries along with collaborative partnerships among governments and stakeholders at all levels.”- says Secretary General Antonio Guterres.

The SDGs are a striking responsibility to complete what we began, and handle a portion of the more challenging difficulties confronting the present reality. Every one of the 17 goals interconnect, which means achievement in one influences accomplishment for the others. Managing the danger of environmental change impacts how we deal with our fragile resources that are available to us naturally, accomplishing gender inequality or better well being destroys poverty, and encouraging harmony and comprehensive societies will diminish imbalances and help economies succeed. To put it plainly, this is the best shot we need to improve life for who and what is to come. The recently released Sustainable Development Goals Report released by the United Nations lays down where we really are, there is still a long way to achieve, with the new emerging challenges, it is quite difficult but there is hope. The report has harnessed the latest data following the trends and has provided a snapshot of where we stand against these global goals.

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Dr. R.K. Shanmugham Chetty, on November 26, 1947, also made it clear in the parliamentary meeting that the two dominions- India and Pakistan until September 1948 would be run using the same currency and from the next 1st of April after that, Pakistan would have its own currency printed in its own country. The partition had cut across the country’s cultural and economic unity.

Let us take a look at the how the budget was presented and what was its highlights-

The three key expenses of the budget were on civil services, defence services and food grain production. Food production those days was low, therefore food grains were given the highest priority. Since it was only for a period of seven and a half months, this budget was mainly influenced by the partition and the expenses related to the same, it did not include railways. Railways was looked after in the budget that was presented in April in the following year.

The Economic Situation of the Country

There had been a notable weakening in the financial circumstance in the nation since March last. The circumstance had been affected by the enormous scale unsettling disturbances which burst out all of a sudden, more particularly in the Punjab and the North West Frontier Province. A huge number of blameless lives had been lost in the two dominions and migration on a remarkable scale in history had occurred. The total number of individuals associated with this movement had achieved huge figures on either side concerning ascend to issues of extraordinary greatness influencing the economy of the nation.

The food position had kept on causing grave nervousness both to the State Governments and the Central Government. The aftereffects of the “Develop More Nourishment Campaign” had been in general frustrating. During the three years 1944- 45, 1945-46 and 1946-47 the country needed to import from abroad 43.80 lakhs of tons of foodgrains at an expense of more than 127 crores of rupees. If the economy had to be kept in a healthy condition, it was very necessary for the government to increase internal production. Therefore the government had to become dependent and make use of its own resources, it announced a scheme under the budget which would enhance the production of cotton textiles and would simultaneously increase labour and it was estimated that the production of an additional 1,000 million yards would be achieved.

Revenue and Expenditure

At that point of time, no one could have accurately measured the effect of the partition on the country’s revenue and expenditure. The estimated figures were only tentative but the fact that economists did not fail in taking measures to uplift the country’s economy is not to be ignored.
Income from the Posts and Telegraphs Department was relied upon to sum to Rs. 15.9 crores and the working costs and interest to 13.9 crores leaving a net surplus of Rs. 2 crores.
The total consumption for the year was evaluated at Rs. 197.39 crores, of which Rs. 92.74 crores was by virtue of the Defense Services, the parity speaking to expenditure of civil affairs.

Defence Services

At that time, the approximate strength of the army stood roughly at 410,000 troops. The budget had a provision for reconstitution of the army after which the army was supposed to have roughly 260,000 troops, creating more jobs and building a strong defence base for the country. An organisation under a Supreme Commander, acting under the direction of the Joint Defence Council, was set up. India had never an adequate Navy or Air Force and the effect of the partition had been to reduce them still further, so far as the dominion of India was concerned. The estimate of net expenditure on the defence sector was estimated at Rs. 92.74 crores. This estimated budget was made keeping in mind the following tasks-
The govt’s decision to stop demobilisation and to withdraw troops from overseas.
The execution of the post-war Pay Committee’s recommendations with respect to Defence Services personnel.
The movement of troops and stores in connection with the reconstitution of the Armed Forces.

The General Financial Position

The Indian subcontinent with its remaining states after partition would still cover the larger part of the country, with immense resources in men, material and industrial potential. The country’s debt position was also intrinsically sound and for a country of its size, India carried only a relatively small burden of unproductive debt. India’s external debt was negligible and the nation had considerable external resources in the accumulated sterling balances. It was of the utmost importance that the country was industrialised rapidly so as to secure increased production and a widening range of employment for the people.

Ways and Means

The spending limit for that period accommodated an acquiring of Rs. 150 crores however this target was not achieved. Owing to the communal disturbances in the country, vulnerabilities of the political circumstances, the securities market was very unsettled.

Civil Estimates

There were two aspects to this sector viz., the short term one was of giving immediate relief to the refugees pouring into the country from Pakistan, practically destitute, and the long term one was of resettling them in India. All the resources at the cost of the Government of India had been mobilised in arranging the evacuation and relief of those refugees and the railways and the Armed Forces had been utilised to the maximum extent possible on this subject.

Of the total account of Rs. 104.5 crores, Rs. 44.5 crores were reserved for the expenditure on migrants and refugees and the sponsoring of imported foodgrains, leaving Rs. 60 crores for ordinary consumption. This incorporated Rs. 5 crores for tax accumulation, mandatory consumption of Rs. 221 crores on installment of interest and benefits and arrangements for debt redemption, Rs. 2 crores on planning and resettlement and Rs. 12 crores for use on nation building exercises, for example, medical, public health, education, research institutes and so on in which the Centre generally supplements the work of the Provincial Governments by giving profitable help by method of specialised services and research, leaving a balance of Rs. 18.5 crores for the conventional consumption on administration, common works and so forth. This consumption just comprised of 18 percent of the total civil use incorporated into the budget. Notwithstanding the consumption of Rs. 12 crores on nation building exercises referenced above, arrangement had been made in the Capital Budget for a grant of Rs. 20.39 crores to Provincial Governments for improvement and Rs. 15 crores for advance.

Dr. R. K. Shanmugham Chetty was the first finance minister of Independent India. He considered it a privilege and his duty to look after India’s economy which was in its baby stages. It was very vulnerable. After presenting this budget, he resigned and was taken over by Dr. John Mathai. The budget as presented by Dr. R. K. Shanmugham Chettiar, was although, from today’s perspective, lacked several minute details, but today, we owe what we are to those people. After partition, the citizens of India were in a very delicate position. Due to riots and disturbances, there was scarcity of food, lack of provisions for them, widespread loss of dear ones. They needed homes to reside, jobs to earn money for themselves and their children. Through this budget, the Government created a number of jobs, built schools for their development, built hospitals for their treatment, created jobs in almost every sector and laid the foundation pillars on which today’s India stands.

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Keeping this into mind, let’s discuss what constitutes as a ground for disqualification of a cricket player or a team according to the ICC’s rules.

For an international cricket player representing his team and his country, Article 2 of the ICC’s Rules of Code of Conduct for Players lays down certain criteria which qualify as offences and can result in disqualification of any cricket player. The Code of Conduct offences cover a variety of different behaviours and levels of seriousness. It is not intended to penalize trivial behavior. Levels of charging have been assigned for each offence, ranging from Level 1 for conduct of a minor nature, up to Level 4 for conduct of an extremely serious nature.

The phrase “during an International Match” should be interpreted broadly to cover all conduct which takes place at the ground on the day of an International Match, and not just conduct which takes place on the field of play. It will therefore include conduct which takes place off the field of play, for example in the changing rooms, or during any of the intervals in the match.  The major responsibility is ensuring fair play, apart from that following are some of the instances-

2.1 Excessive appealing during an International Match- Appealing here includes constantly requesting the umpire to announce a decision in their favour, or appealing for different decisions, advancing towards the umpire in an aggressive manner so as to put him under pressure etc

2.2 Abuse of cricket equipment or clothing, ground equipment or fixtures and fittings during an International Match.- any action(s) outside the course of normal cricket actions, such as hitting or kicking the wickets and any action(s) which deliberately (i.e. intentionally), recklessly or negligently (in either case even if accidental) results in damage to the advertising boards, boundary fences, dressing room doors, mirrors, windows and other fixtures

2.3 Use of an audible obscenity during an International Match- use of words commonly known and understood to be offensive, obscene and/or profane (in any language) and which can be heard by the spectators and/or the viewing public whether by way of the stump-microphone or otherwise

2.4 Disobeying an Umpire’s instruction during an International Match- failure to comply with the Umpire’s instructions

2.5 Using language, actions or gestures which disparage or which could provoke an aggressive reaction from a batter upon his/her dismissal during an International Match- (a) excessive celebration directed at and in close proximity to the dismissed batter; (b) verbally abusing the dismissed batter; and (c) pointing or gesturing towards the pavilion.

2.6 Public criticism of, or inappropriate comment in relation to an incident occurring in an International Match or any Player, Player Support Personnel, Match Official or team participating in any International Match, irrespective of when such criticism or inappropriate comment is made.

2.7 Showing disagreement at an Umpire’s decision during an International Match- excessive, obvious disappointment with an Umpire’s decision; an obvious delay in resuming play or leaving the wicket; shaking the head; snatching the cap from the Umpire; and arguing or entering into a prolonged discussion with the Umpire about his/her decision

2.9 Throwing a ball (or any other item of cricket equipment such as a water bottle) at or near a Player, Player Support Personnel, Umpire, Match Referee or any other third person in an inappropriate and/or dangerous manner during an International Match

2.10 Any of the following conduct which constitutes ‘unfair play’-

deliberate attempt to distract striker, deliberate distraction, deception or obstruction of batter, bowling of dangerous and unfair short pitched deliveries, bowling of dangerous and unfair non-pitching deliveries, bowling of deliberate non-pitching deliveries, bowling of deliberate front foot no balls, wasting time by any Player or team, fielder causing deliberate or avoidable damage to the pitch, bowler running on protected area, batter causing deliberate or avoidable damage to the pitch, striker in the protected area, batter stealing a run, unfair actions not covered elsewhere in clause 41 of the ICC Standard Test Match, ODI and T20I Playing Conditions.

2.11 Any attempt to manipulate an International Match for inappropriate strategic or tactical reasons

2.12 Inappropriate physical contact with a Player, Player Support Personnel, Umpire, Match Referee or any other person (including a spectator) during an International Match

2.13 Personal abuse of a Player, Player Support Personnel, Umpire or Match Referee during an International Match

2.14 Changing the condition of the ball in breach of the spirit of the game

2.15 Attempting to gain an unfair advantage during an International Match

2.16 Intimidation of an Umpire or Match Referee whether by language or conduct (including gestures) during an International Match

2.17 Threat of assault on another Player, Player Support Personnel, Umpire or Match Referee or any other person (including a Spectator) during an International Match

2.18 Physical assault of another Player, Player Support Personnel, Umpire, Match Referee or any other person (including a spectator) during an International Match

2.19 Any act of violence on the field of play during an International Match

2.20 Conduct that is contrary to the spirit of the game

2.21 Conduct that brings the game into disrepute

Grounds for disqualification of a team

The offences as committed by a team are laid down in the ICC’s Playing Handbook along with some other offences mentioned in the law book of the ICC. Examples of some of them are-

• Forgery, manipulation, tampering, manufacture or creation of false or incorrect documents for the purposes of these Regulations, including (without limitation) for the purpose of attempting to satisfy any of the eligibility criteria described in these regulations.

• Assisting, encouraging, aiding, abetting, covering up, and/or any other type of complicit behaviour of any player by other members.

• Failing to cooperate fully, promptly and in good faith with the ICC and the ICC Eligibility Bodies in the discharge of their respective responsibilities as set out in these regulations, including in relation to the player’s determination of eligibility and any subsequent monitoring.

• Being involved in malpractices such as betting, match fixing and other related activities. This is an absolute liability and the entire team is held responsible irrespective of  the fact that just one member was involved in such kind of activity.

Sources

https://www.icc-cricket.com/about/cricket/rules-and-regulations/code-of-conduct

https://www.icc-cricket.com/about/the-icc/publications/playing-handbook

https://www.icc-cricket.com/about/cricket/rules-and-regulations/playing-conditions

https://www.icc-cricket.com/cricket-world-cup/about

https://www.lords.org/mcc/laws

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Seeking the reader’s attention, we come to private universities.

 What are private universities? Who owns them? How do they collect funds to establish what they want? All of such questions would be answered in this article itself, on further reading.

Who can sponsor or propose to sponsor the opening of a private university?

• According to the guidelines provided by the University Grants Commission/ UGC, the proposal for establishment of a private university can be sponsored by only the following people:

• A Society registered under the Societies Registration Act, 1860 (Central Act No. 21 of 1860); or

• (b) Any Public Trust registered under the State Public Trusts Act, or the Indian Trusts Act, 1882 (Central Act No. 2 of 1882) or under the relevant laws in any other State or Union Territory or

• (c) A Company registered under Sec 25 Companies Act, 1956.

How to present a proposal?

• The entity interested in sponsoring the establishment of a private university must submit an application along with a detailed proposal to the Department of Higher Education under the MHRD,  along with a demand draft of Rs.1,00,000 ( Rs.One lac) in favor of the Director, Higher Education. The application should mandatorily contain- the details of the sponsoring body along with the copies of its registration certificate, constitution and bye-laws; the name, location and headquarters of the proposed University; the objectives of the University; justification regarding the necessity of establishing the proposed University; details of whether the private University is proposed to be a domain specific or multi- domain and in case of multiple domain, details of the specific domains proposed such as engineering, law, management etc.,; the nature and the type of programs of study, training, and research proposed to be undertaken; the proposed fee structure including the extent of concessions or rebates in fee and scholarships to economically or socially backward families, including SC/ST, handicapped students and other underprivileged category;  at least 22.5% seats shall be reserved for the all aforesaid categories put together; the system proposed to be followed for selecting students for admission to the programs of study at the University; the experience and expertise in the concerned disciplines; availability of academic research and training facilities including teaching and nonteaching staff; the system proposed to be followed for appointment of teachers and other employees in the University; the proof of ownership of land or plans for land procurement and infrastructural development for the proposed University in a phased manner; the details of plans for campus development such as construction of buildings, development of structural amenities and infrastructure facilities and procurement of equipment etc. to be undertaken before the University starts functioning and phased programs for campus and infrastructure development within first five years of its existence; details of play grounds and other facilities available or proposed to be created for games and sports and extra- curricular activities; outlays of capital expenditure proposed for the next five years and its sources of finance; the estimated recurring expenditure course wise or activity wise, sources of finance and estimated expenditure per student; commitment to follow the norms of the regulating bodies; such other details as the sponsoring body may like to give or such other details as may be prescribed by the Government.

Examination of proposal application

 On receipt of the proposal application as submitted by the sponsoring body, the State Government will appoint a Committee comprising of senior government officials and reputed academicians. They then scrutinize the application according to some mandatory parameters such as-

• Sponsors financial soundness and assets and its ability to set up the proposed University’s infrastructure

• The background, general reputation of the sponsoring body, its experience in the field and its commitment to follow the norms of UGC or any other regulatory body

• The potentiality to develop the human resources as per the requirements of contemporary demands

The committee would then submit the report it makes after the above- mentioned inspection and the State Government will further scrutinize it within two months. If the State Government comes across any deficiencies on the part of the sponsoring body, it shall so direct the latter to submit the details which are deficient or for removal of deficiencies, to which the sponsoring body is obligated to comply with.

Issue of Letter of Intent

 After receipt of the revised report, if the State Government is satisfied that the sponsoring body can proceed with the establishment of the University, it shall issue a letter of intent within one month of the inspection of the revised report by the inspection committee, to the sponsoring body, asking it to- establish an endowment fund for the University which shall be pledged to the Government which may be increased by notification issued by the State Government in the Gazette from time to time. The amount of endowment fund shall be -:

(i) 5 crores rupees for single-domain

(ii) 8 crores for multi-domain

Apart from this, it shall also ask the sponsoring body to-

• sponsoring body must acquire not less than 10 acres of land for its main Campus if single domain and 25 acres of land if multi-domain

• construct administrative building of at least 1000 sq mtrs, academic building including library, lecture theatre, laboratories of at least 10000 sq mtrs, adequate residential accommodation for teachers, guests, hostels which shall gradually be increased to accommodate at least 25% of student strength in each course within 3 years of existence

• purchase books and journals of at least Rs.10 lacs or as per the norms of regulating bodies, purchase equipment, computers, furniture, other mobile and immobile assets and infrastructure facilities worth rupees 20 lacs or as per the norms of regulating bodies

• give undertaking to appoint at least one Professors, two Associate Professors and three Assistant Professors having prescribed qualifications and necessary supporting staff in each department or discipline to be started by the University

• And some other requisites.

Compliance Report Submission by the Sponsoring Body

 After the conditions mentioned in the letter of intent have been fulfilled by the sponsoring body, the sponsoring body shall within a period of two years submit to the State Government, a compliance report along with all the necessary documents for verification and scrutinization. The Committee will submit its report to the State government specifying that all the requirements and conditions laid down in a letter of intent have been fulfilled.

Enactment of Law for Private University

 After the Inspection Committee is satisfied with the compliance report as submitted by the sponsoring body, it shall communicate the same to the State Government and the State Government would then table a separate Act for the specific University before the State Legislature for its approval. The State Legislature will then pass a separate Act for the establishment and incorporation of the particular Private University, thereby enabling the Government to issue a Gazette Notification. The said notification will be sent to UGC and MHRD for information. The sponsoring body will be further required to make an application to UGC to enlist the newly incorporated University in the UGC List of Authorized Universities.

The University will be required to get itself assessed by NAAC within three years of its establishment and will also have to fulfill all other requirements / criteria laid down by various statutory bodies as applicable

Sources

http://www.scdl.net/Downloads/GuidelinesfortheEstablishmentofPrivateUniversities.pdf

https://business.mapsofindia.com/how-to-start/university.html

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Earlier, Q meant “questioning” for the people who were uncertain of their gender identity and sexual orientation, but with time, it has casted off its dergoatory essence and has started to be termed as ‘queer’. These letters were an advancement or evolution so to speak towards incorporation – a development in the language used to identify a divergent cluster of people that had regularly quite recently been classified “the gay community.”

Fifty years back,  the now positive LGBTQ development groups burst onto the scene. Mass displeasure at the suppression of LGBTQ individuals had been rising under the surface. It detonated at the Stonewall Inn, a gay bar in New York City’s Greenwich Village. A standard police strike on June 28, 1969 swelled into a five-day rebel movement in the lanes that sent resonations of “Gay Power” over the world.  Roused by the gigantic movements occurring in the public arena at the time with the dark opportunity and female’ freedom developments, the Stonewall mobs fought a battle against the framework for the privilege to live straightforwardly and securely. Stonewall was a defining moment for LGBTQ battle in the U.S. Moreover, Stonewall was not the first of these mobs; earlier instances of rioting by comparative clashes between the LGBTQ people group and the police over the U.S. all through the 1960s, incorporating encounters in Los Angeles, San Francisco and Philadelphia.

Stonewall was a critical point of change in this political network. It plotted the scope of political issues of LGBTQ activists during the 1960s, including harrasment by police, abuse and exploitaion, oppression of homosexuality and the bad form of sodomy laws. It likewise called upon the mass of the LGBTQ group to get politically included, seizing on Stonewall as a motivation to rally – and subsequently encouraged us to better comprehend, after 50 years, the importance of that rebellion and the need of the hour. It was anything but a start, as it appeared  however it was the beginning of something new.

On Saturday, June 27, 1970, Chicago Gay Liberation held a walk from Washington Square Park to the Water Tower at the crossing point of Michigan and Chicago roads, which was the course initially arranged, and after that a large number of the members spontaneously walked on to join the march. The date was picked in light of the fact that the Stonewall occasions started on the last Saturday of June and on the grounds that coordinators needed to achieve the greatest number of Michigan Avenue interestees.The following year, Gay Pride walks occurred in Boston, Dallas, Milwaukee, London, Paris, West Berlin, and Stockholm. By 1972 the active urban communities included Atlanta, Brighton, Buffalo, Detroit, Washington D.C., Miami, and Philadelphia, just as San Francisco.

The month of June was picked as LGBT Pride Month to celebrate the Stonewall riots, which happened towards the last days of June 1969. Therefore, many pride occasions are held (now even with active participation in our own country, India) during this month to perceive the effect LGBT individuals have had on the planet.

Active Opposition

Spain– In a 2008 meeting for the book ‘The Queen Up Close’ by Spanish columnist and author Pilar Urbano, Queen Sofía of Spain started off a debate by voicing her objection to LGBT pride notwithstanding her official obligations as an individual from the Royal Family by rebuking the Spanish Law on Marriage.

Turkey– In 2015, after the police faced itself defeated in front of the mob, they used tear gas and rubber bullets as a peacekeeping move. Similarly in the consecutive year, the Governor Office in Istanbul did not allow pride parades to be held under the pretext of securing national peace and security.

Such instances are countess, disheartening and aggravating.

In the wake of recognizing that circumstances are different significantly for its own betterment, there are still “guardians who feel their gay children are genuinely sick or mental”, andl therapists over the world who stick to the old view that homosexuality is a “psychological sickness”.

The Indian Perspective 

Today, although the Supreme Court of India, has in a landmark judgement in the case Joseph Shine v. Union of India, has decriminalised homosexuality under section 377 of the Indian Penal Code, it is only a first stepping stone towards acheiving acceptance of homosexual people by the Indian society. Following is the summary of some landmark cases in which the judges have opined in favour of the LGBTQIA+ community.

In the case- National Legal Services Authority v. Union of India and others, it was laid down that “gender identification is an essential component which is required for enjoying civil rights by the community. It is only with this recognition that many rights attached to the sexual recognition as ―third gender‖ would be available to the said community more meaningfully viz. the right to vote, the right to own property, the right to marry, the right to claim formal identity through a passport and a ration card, a driver‘s licence, the right to education, employment, health and so on

Joseph Shine v Union of India- The then Chief Justice of India, Justice Dipak Misra said, “Section 377 is irrational, arbitrary and incomprehensible as it fetters the right to equality for LGBT community. LGBT community possesses the same equality as other citizens. The right to privacy as part of right to life applies fully to the LGBT community.”

“Punishment under Section 377 made the LGBT a closeted community, destroyed the identity of members and reached their dignity, all part of right to life. The state has no business to get into controlling the private lives of LGBT community or for that matter of any citizen.”- said Justice D. Y. Chandrachud.

Navtej Singh Johar v Union of India- Navtej Johar, a dancer who identified himself as an individual belonging to the LGBT community filed a writ petition before the Supreme Court, challenging the constitutionality of section 377, and demanding “recognition of the right to sexuality, right to sexual autonomy and right to choice of a sexual partner to be part of the right to life guaranteed by Art. 21 of the Constitution of India”.

The bench delivered a judgement relying on the principles of “transformative constitutionalism and progressive realization of rights to hold that the constitution must guide society’s transformation from an archaic to a pragmatic society where fundamental rights are fiercely guarded”. The bench further stated, “constitutional morality would prevail over social morality”.

In recent times, the Courts have laid emphasis on the fact that being a homosexual is not an aberration but a variance of sexual orientation. So what if a person is not “straight” and belongs to the LGBT, what is the logic behind not accepting him or her as a normal individual. Who has given the society the right to seclude such people, violate their fundamental rights, and look down upon them?

Unnoticed, yet essential facets of the LGBTQIA+

LGBTQ+ individuals have dependably been at pop’s gunpoint, as entertainers and spectators. The historical backdrop of popular music is strange history. Blues originators like Ma Rainey and Bessie Smith, both transparently and openly bisexual, helped plant the foundation stone of what might move toward becoming R&B and rock’n’roll.

During the end of the Great Depression in the mid thirties, the people in charge closed down many of the gay clubs and officially criminalized gay sex at a scale that had never before been seen.The “coming out of the closet”, which hadn’t even existed as everyone knows it now, slammed shut. Nevertheless, it did not stop musicians from shaping the pop LGBTQ culture. Following is a list of songs that have had an impact on a landmass of people who used to be stereotyped-

• Roberta Flack -“Ballad of the Sad Young Men”
• Wendy Carlos- “March From a Clockwork Orange”
• Madeline Davis- “Stonewall Nation”
• Lou Reed- “Walk on the Wild Side”
• Donna Summer- “I Feel Love”
• Fanny- “Charity Ball”

“Rufus was singing to a man. I knew before the song even started. I didn’t have to guess or hope, I didn’t have to work with or bend his music to find myself in it. This was so foreign to me at 16 and was such an incredible, full body-and-spirit relief. He even sounded gay. Beyond what it meant and still means to me, it’s just a brilliant and beautiful record.”

• Mike Hadreas on Rufus Wainwright’s “In My Arms”

Sources

• https://www.bbc.com/news/av/uk-40587703/50-years-of-fighting-for-lgbtq-rights
• https://pitchfork.com/features/lists-and-guides/50-songs-that-define-the-last-50-years-of-lgbtq-pride/
• https://www.advocate.com/video/2018/9/18/watch-50-years-lgbtq-history-seen-through-advocate

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While being a fashion attorney has its own pros like- getting invited to fashion shows both locally and internationally, it also has its cons in the form of heavy work and complex legal issues such as intellectual property infringements, etc.

Fashion law, otherwise called apparel law, is an evolving forte or talent so to speak that includes issues encompassing the life of a piece of clothing from origination to brand assurance. Fashion law clients comprise of mostly design houses, wholesalers, tailors, modeling agencies, retailers, and photographers.

It is very vital for a good fashion lawyer to have expert knowledge in fashion, since fashion is not just about knowing how to carry an apparel, a fashion attorney is supposed to know the A to Z related to a brand of clothing- from the inception of its idea to its launch in the industry/ market. “A good fashion lawyer has to talk the talk of fashion but also has to be able to walk the walk on any complex concern that arises.”, says Simon Bennett, fashion partner at Fox Williams LLP.  To make the most ‘cost- effective’ decisions for their client, the counsel has to have legal knowledge as well as a keen interest in this industry.

Since the field is not one which a person would think of normally, there are very less institutions in India as well as abroad that offer young to- be lawyers to specialize in the fashion industry.

A couple of different schools have initiated educational programs and coursework in the region of fashion law also, like Loyola Law School, the University of Buffalo Law School, New York Law School, and New York University.

Fordham Law School in Manhattan has propelled the world’s first Fashion Law Institute in late 2010 with the help of the Council of Fashion Designers of America and Diane von Furstenberg. The Institute offers J.D. furthermore, LL.M. understudies the chance to study fashion related lawful issues. The Fashion Law Institute additionally gives pro bono counseling clinics to potential talent. Specialization courses inculcate topics, for example, Fashion Law and Finance and Fashion Ethics, Sustainability, and Development, just as Fashion Retail Law and the Fashion Law Practicum. The foundation offers an open class arrangement for fashion and legal experts, just as a mid year escalated course that is available to both degree and non-qualification courses.

If you are looking to make a career in fashion law, then have a look at perfect Fashion Law courses  offered as short-term certificate and diploma programme taught by experts in the industry, take Fashion Law Journal and Legal Desire courses on Fashion Law, To know more about course modules, detailed information and registration, Click Here or visit: www.legaldesire.com/fashionlaw

Fashion lawyers assist their clients on legal issues confronting the style, material, clothing, extravagance, footwear, gems, and beautifying agents- cosmetic businesses. These run the extent from authorizing, marketing, conveyance, and diversifying contracts to licensed innovation/ intellectual property, business, and labour related issues. They involve security, manageability, and consumer protection issues. Different parts of corporate, land, assessment, and business law additionally become possibly the most important factor of fashion law. Fashion attorneys play out a wide scope of obligations from drafting and negotiating contracts to acknowledgement and litigation of trademark, copyright, and other IPR related issues. They’re responsible for shaping and dissolving business substances and counseling on brand improvement and security. Fashion attorneys additionally counsel on design protection, import-export, licensing and other issues. The huge amount of interference caused by technology in the fashion industry are exponentially protruding in fashion law practice. Fashion law is on the verge of going in directions and to places where no one has gone before. The approach and development of additive manufacturing- 3D printing- is the greatest interruption that the field of fashion has ever experienced, and is turning both the business and fashion law back to front. With 3D- printed apparels entering the market, an entire cluster of new legal issues like piracy and counterfeiting are developing and influencing traditional law practice territories.

The opportunities in this field are far fetched but so are the challenges. With the increasing encroachment of internet in every scope of a person’s career, competition law has become an inseparable part of fashion industry.

Source

• http://legalcareerview.com/lawafter-a-fashion/
• http://www.businessworld.in/article/Legal-Awareness-Necessary-in-Fashion-Industry-Says-Experts/28-07-2017-123106/
• https://www.thebalancecareers.com/fashion-law-2164606
• https://www.theguardian.com/law/2016/aug/02/is-fashion-law-as-glamorous-as-it-sounds

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