INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

MILITARIZED SEXUAL VIOLENCE AND HIV/AIDS ORIENTED DISABILITY: AN EFFORT TO ALLEVIATE VICTIMIZATION IN THE POST-CONFLICT REGIME BY - V. KAMALA PRIYA

Authors: V. KAMALA PRIYA

Registration ID: 109130 | Published Paper ID: IJLRA9130

Year: Feb-2025 | Volume: II | Issue: 7

Approved ISSN: 2582-6433 | Country: Delhi, India

Email Id: kamaliblhons@gmail.com

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DOI Link: https://www.doi-ds.org/doilink/02.2025-93424442/MILITARIZED SEXUAL VIOLENCE AND HIV/AIDS ORIENTED

THE IMPORTANCE OF DNA IN CRIMINAL INVESTIGATIONS BY - ARYA S NAIR

Authors: ARYA S NAIR

Registration ID: 109129 | Published Paper ID: IJLRA9129

Year: Feb-2025 | Volume: II | Issue: 7

Approved ISSN: 2582-6433 | Country: Delhi, India

Email Id: aryas091198@gmail.com

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DOI Link: https://www.doi-ds.org/doilink/02.2025-99667695/THE IMPORTANCE OF DNA IN CRIMINAL INVESTIGATIONS

REPRODUCTIVE RIGHTS OF GIRLS AND WOMEN WITH DISABILITIES: A SOCIO-LEGAL STUDY BY: MS. MEHENDI MAZUMDAR

Authors: MS. MEHENDI MAZUMDAR

Registration ID: 109128 | Published Paper ID: IJLRA9128

Year: Feb-2025 | Volume: II | Issue: 7

Approved ISSN: 2582-6433 | Country: Delhi, India

Email Id: mehendim01@gmail.com

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DOI Link: https://www.doi-ds.org/doilink/02.2025-18897933/REPRODUCTIVE RIGHTS OF GIRLS AND WOMEN WITH DISABI

UNION MARINE CLASSIFICATION SERVICES LLC V. CAMOROS (2015, EWHC 508) BY - TRIPTI & TANISHA RANJAN

Authors: TRIPTI & TANISHA RANJAN

Registration ID: 109127 | Published Paper ID: IJLRA9127 & IJLRA9133

Year: Feb-2025 | Volume: II | Issue: 7

Approved ISSN: 2582-6433 | Country: Delhi, India

Email Id: nikkint281997@gmail.com & tanisharanjanadv@gmail.com

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DOI Link: https://www.doi-ds.org/doilink/02.2025-37772251/UNION MARINE CLASSIFICATION SERVICES LLC V. CAMORO

COMPARATIVE STUDY OF THE MONOPOLISTIC RESTRICTIVE TRADE PRACTICES ACT, 1969 AND COMPETITION ACT 2002 BY - SIBIYA.S

Authors: SIBIYA.S

Registration ID: 109125 | Published Paper ID: IJLRA9125

Year: Feb-2025 | Volume: II | Issue: 7

Approved ISSN: 2582-6433 | Country: Delhi, India

Email Id: sibiyaadv@gmail.com

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DOI Link: https://www.doi-ds.org/doilink/02.2025-69364889/COMPARATIVE STUDY OF THE MONOPOLISTIC RESTRICTIVE

VOLUNTARY LICENSING: A NECESSARY ALTERNATIVE TO COMPULSORY LICENSING IN THE PHARMACEUTICAL INDUSTRY BY - SHIVENDRA PRATAP SINGH

Authors: SHIVENDRA PRATAP SINGH

Registration ID: 109124 | Published Paper ID: IJLRA9124

Year: Feb-2025 | Volume: II | Issue: 7

Approved ISSN: 2582-6433 | Country: Delhi, India

Email Id: pratap.shiven@gmail.com

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DOI Link: https://www.doi-ds.org/doilink/02.2025-88199613/VOLUNTARY LICENSING: A NECESSARY ALTERNATIVE TO CO

COMBATING ILLEGAL ONLINE PHARMACIES: REGULATORY STRATEGIES FOR THE INDIAN MARKET BY - JEEVA THOMAS MANNANAL

Authors: JEEVA THOMAS MANNANAL

Registration ID: 109123 | Published Paper ID: IJLRA9123

Year: Feb-2025 | Volume: II | Issue: 7

Approved ISSN: 2582-6433 | Country: Delhi, India

Email Id: jeevatmannanal@gmail.com

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DOI Link: https://www.doi-ds.org/doilink/02.2025-82542663/COMBATING ILLEGAL ONLINE PHARMACIES: REGULATORY ST

ALGORITHMS AS ACCOMPLICES: ANALYSING LEGAL ACCOUNTABILITY OF ONLINE PLATFORMS WITH SPECIAL REFERENCE TO THE GISÈLE PELICOT CASE BY - ANANYA ANAND

Authors: ANANYA ANAND

Registration ID: 109122 | Published Paper ID: IJLRA9122

Year: Feb-2025 | Volume: II | Issue: 7

Approved ISSN: 2582-6433 | Country: Delhi, India

Email Id: anand.ananya@outlook.com

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DOI Link: https://www.doi-ds.org/doilink/02.2025-94995223/ALGORITHMS AS ACCOMPLICES: ANALYSING LEGAL ACCOUNT

ARTIFICIAL INTELLIGENCE, PRIVACY, AND DATA PROTECTION: LEGAL AND ETHICAL CHALLENGES BY - DIKSHA VISHWAKARMA

Authors: DIKSHA VISHWAKARMA

Registration ID: 109121 | Published Paper ID: IJLRA9121

Year: Feb-2025 | Volume: II | Issue: 7

Approved ISSN: 2582-6433 | Country: Delhi, India

Email Id: dikshavish96@gmail.com

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DOI Link: https://www.doi-ds.org/doilink/02.2025-61845657/ARTIFICIAL INTELLIGENCE, PRIVACY, AND DATA PROTECT

ENFORCEMENT OF TRADEMARK IN INDIAN AND INTERNATIONAL TRADE BY: SHWETANG RAJENDRA DANEKAR & AKSHAY APPASAHEB BHAGWAT

Authors: SHWETANG RAJENDRA DANEKAR & AKSHAY APPASAHEB BHAGWAT

Registration ID: 109119 | Published Paper ID: IJLRA9119 & IJLRA9120

Year: Feb-2025 | Volume: II | Issue: 7

Approved ISSN: 2582-6433 | Country: Delhi, India

Email Id: shwetangd22@gmail.com & akshaybhagwat765@gmail.com

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DOI Link: https://www.doi-ds.org/doilink/02.2025-44813477/ENFORCEMENT OF TRADEMARK IN INDIAN AND INTERNATION

International journal for legal research and analysis

Abbreviation:IJLRA

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[1] Working as an Assistant professor in the faculty of law, Dr.MGR Educational and Research Institute, Chennai.Mobile no: 9025398411, Email- kamaliblhons@gmail.com

[2] War which spurs actual violence against fellow human beings is not actually a war, which depicted as war in the formal society.

[3] See, Frits Kalshoven, Liesbeth Zegveld “Constraints on the Waging of War, An introduction to IHL, Cambridge University Press, 4^th ed, 2011.

[4] Sexual violence is defined as acts of sexual nature imposed by force, threat of force or coercion owing to the threat of violence, psychological oppression or abuse of power, which may be perpetrated against persons. Sexual violence includes rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilization, or any other form of sexual violence of comparable gravity. It is not limited to physical violence and does not have to include physical contact. It can encompass anal and vaginal rape; forced nudity; forced masturbation; forced raping of others; being forced to witness the rape of others, including family, friends pr co-detainees; use of instruments on genitals; trauma, for example through beatings with sticks, wire etc; and verbal sexual threats. See, ICRC guidelines on Mental Health and Psychosocial support.

[5] “Conflict-related sexual violence “as used in the present report, refers to rape, sexual slavery, forced prostitution, forced pregnancy, forced abortion, enforced sterilization, forced marriage, and any other form of sexual violence of comparable gravity perpetrated against women, men, girls or boys that is directly or indirectly linked to a conflict. The term also encompasses trafficking in persond when committed in situations of conflict for the purpose of sexual violence/exploitation. See, Report of the secretary-general Antonio Guterres on “Conflict-Related Sexual Violence”, 15^th April, 2017(S/2017/249)

[6] Zaryab Iqbal, and Christopher Zorn,“Violent conflict and spread of HIV/AIDS in Africa”, 72 The Journal of Politics, (2010), pp. 149-162.

[7] Over 37.9 million people globally were living with HIV at the end of 2018, and around 570000-1.1million have died of HIV in 2018. More than 70% young women were living with HIV/AIDS than men in Africa In sub-Saharan Africa, four in five new infections among adolescents aged 15-19 years are in girls and 15-24years are twice living with HIV than men. For more reference see, Global HIV/AIDS statistics – 2019 fact sheet https://www.unaids.org/en/resources/fact-sheet (Accessed on 15th December 2019).

[8] United Nations Development Fund for Women, report on “Women, War and Peace- The Independent Experts’ Assessment on the Impact of Armed Conflict on Women and Women’s Role in Peace-building”. Editor-Gloria Jacobs (2002).

[9] Sexual violence perpetrated against tutsi women as a means of dehumanizing and subjugating tutsi, it was inflicted by the hutu to degrade not just individual women but the larger group of which she is a part. See, International Panel of Eminent Personalities report on “Rwanda: The Preventable Genocide”

[10] Refer, Amnesty International report on “Mass rape: Time for Remedies” in Democratic Republic of Congo (2004).

[11] Sierra Leonean society places high value on virginity. So, the intentional action of men over women depicts the reality of inequality, discrimination placed against women and they were forced to dead in post-conflict regimes. See, Human rights watch repot on “We Will Kill You If You Cry” sexual violence in Sierra Leone conflict, Vol.15, No.1, 2003.

[12] Peacekeeepers raped women and make it as a consensual transaction by offering money, food to the victims of rape. Here rape termed as “rape disguised as prostitution”. For detail analysis, refer UN General Assembly resolution A/59/710 where Prince Zied Ra’ad zied al-Hussain report on “A comprhensive strategy to eliminate future sexual exploitation and abuse in United Nations peacekeeping operations.

[13] Many married infected women faces discrimination in their community and in the family itself. Husbands of the women, after knowing their wife are HIV infected isolated them from the family. Even though they are not infected as a result of rape, they assumed to be so due to widespread acts of genocide in the so called war. See Amnesty International report on “Marked for Death”, rape survivors living with HIV/AIDS in Rwanda (2004).

[14] Already they stigmatized on basis of sexual violence, HIV infection exacerbates the situation of the survivors and reduce the physical, medical capacity to cope up with the disease, alarms them they are ‘marked for death’. See Amnesty International report on “Marked for Death”, rape survivors living with HIV/AIDS in Rwanda (2004).

[15] Survivors of sexual violence often named as ‘dirt or shame’ because of the type of violence used against them. The honour paradigm always associated with violence against women especially rape. It is not the honour of women but the honour of men who rapes is questioned. Refer, Amnesty International report on “Mass rape: Time for Remedies” in Democratic Republic of Congo (2004).

[16] Human rights watch report on “policy paralysis: A call for action on HIV/AIDS-Related Human rights Abuses against Women and Girls in Africa” (2003).

[17] For detail analysis, refer UN General Assembly resolution (UNGA) A/59/710 where Prince Zied Ra’ad zied al-Hussain report on “A comprhensive strategy to eliminate future sexual exploitation and abuse in United Nations peacekeeping operations.

[18] Evelyne Josse, “They came with two guns: the consequences of sexual violence for the mental health of women in armed conflicts, International Review of Red Cross, (2010) vol.92, no.877.

[19] Geneva Centre for Democratic controlled of Armed forces report on “Women in an Insecure World” violence against women facts, figures and analysis, edited by Marie Vlachovd and Lea Biason, 2005.

[20] Persons with introduced disability: women who were not disabled out of birth or accident during lifetime but were intentionally infected with HIV by combatant. This HIV infected women were termed as disabled in accordance with Article 1 of Convention on Rights of Persons with disabilities which states that “persons with disabilities includes those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.

[21] Refer, Human rights watch report on “shattered lives” sexual violence during Rwandan genocide and its aftermath, 1996.

[22] Refer, Amnesty International report on “Mass rape: Time for Remedies” in Democratic Republic of Congo (2004).

[23] Childrens are more vulnerable as same as their mother. It is the responsibility of the society to protect them, but here children’s are cursed by the society. See Amnesty International report on “Marked for Death”, rape survivors living with HIV/AIDS in Rwanda (2004).

[24] Preamble paragraph (e) of CRPD, Recognises that disability is an evolving concept and is a state of participation restriction resulted from interaction between an individual with impairments and environmental barriers. Article 11 of CRPD, obligates the state parties under international law to include international humanitarian law and international human rights law and to take measures for the protection and safety of persons with disabilities in the situations of armed conflict.

[25] For brief commentary on the convention, see, Ilias Bantekas, Michael Asheley Stein (ed), “The Convention on Rights of Persons with Disabilities” – A Commentary (2018), oxford university press, pg. 12.

[26] Article 6 of CRPD recognises women and girls with disabilities is subjected to multiple discrimination, and obligate state parties to take measures for the fulfilment of human rights and fundamental freedoms. Similarly, Article 7 of CRPD mandates state parties to take measures in the best interest of the children with disabilities.

[27] Article 1 of CRPD gives inclusive definition of “Persons with disabilities” where it includes persons having long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. The convention does not explicitly refer to HIV/AIDS in the definition of disability. However, persons living with HIV have impairments which, in interaction with the environment, results in stigma, discrimination or other barriers to their participation, they can fall under the protection of the Convention. For detailed reference, see, UNAIDS, WHO and OHCHR policy brief: Disability and HIV (2009).

[28]For example, Russian Federation defines ‘persons with disabilities’ as persons whose health is impaired by a lasting deterioration of the functions of the organism resulting from disease, injury or deficiencies which affect their daily life. Similarly, in persons with disabilities Australia encompassed all impairment groups, inclusing health conditions such as HIV/AIDS under the definition of disability. See, Ilias Bantekas, Michael Asheley Stein (ed), “The Convention on Rights of Persons with Disabilities” – A Commentary (2018), oxford university press, pg. 12.

[29] Article 17 stipulates that physical and mental integrity of the person with disability have to be respected. From this context, first the status of mental integrity of the conflict based HIV infected women to be known. Intentional violence over women intrudes into the integrity of minds: stress, depression, phobia and disfunctioning of organs occurred. According to which this convention has applied to the women with introduced disability.

[30] All the four Geneva Conventions under the IHL is to regulate the warfare during armed conflict. Paragraph 2 denounces certain practices which occurred, for example, during the last world war, when innumerable women of all ages, and even children, were subjected to outrages of the worst kind: rape committed in occupied territories, brutal treatment of every sort, mutilations etc. In areas where troops were stationed or through which they passed, thousands of women were made to enter brothels against their will or were contaminated with venereal diseases, the incidence of which often increased on an alarming scale. Refer, ICRC “commentary on fourth Geneva Convention, 1949” https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/Comment.xsp?action=openDocument&documentId=25179A620578AD49C12563CD0042B949(Accessed on 16/12/19).

[31] Article 7 (1) (g) gives meaning to the term, Crimes against humanity which means rape and other of sexual violence committed widespread and systematic attack against civilian population is a crime.

[32] For brief understanding, see Otto Trifftere, Kai Ambos, “The Rome Statute of International Criminal Court – A Commentary”, 3^rd edition, 2015.

[33] This rule mandates state parties to include it as norm of customary international law applicable in both international and non-international armed conflicts. Refer https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule93 (Accessed on 16/12/19).

[34] The, Then Secreatary-General, Kofi A.Annan asked Mr. Lakhdar Brahimi to give a report of peace keeping operations, so the report of the panel on United Nations Peace Operation was passed in the UNSC resolution (A/55/305) and asked Prince Zied Ra’ad zied al-Hussain (permanent representative of Jordan ) to submit report on “A comprhensive strategy to eliminate future sexual exploitation and abuse in United Nations peacekeeping operations” later passed under UN General Assembly resolution A/59/710.

[35] It laids three principle activities for UN peace operations are; peace-makiing, peace-keeping and peace-building. Peace-making means addressing the conflicts in progress by using tools of mediation and arbitration. Peace-keeping is the primary military model of observing cease-fires and military, civilians’ works together to build peace aftermath of the civil wars. Peace-building is for providing technical assistance for democratic development and promote conflict resolution and reconciliation techniques. Essential complements to effective peacebuilding include support for the fight against corruption, emphasis on HIV/AIDS, education and control and action against other infectious diseases. For brief comments, see UNSC resolution(A/55/305) where Lakhdar Brahimi report on “A comprhensive strategy to eliminate future sexual exploitation and abuse in United Nations peacekeeping operations”.

[36] Following recommendations were given in this report, i) the prohibitions against sexual exploitation and abuse for all categories of peacekeeping personnel is set out in the 2003Secretary-General’s bulletin. ii)General assembly shall authorize the establishment of professional investigative to investigate the allegations of sexual exploitation and abuse, iii) personnel who violate the bulletin should be subjected to disciplinary action and should be fined and pay for the victims. For detail analysis, refer UN General Assembly resolution (UNGA) A/59/710 where Prince Zied Ra’ad zied al-Hussain report on “A comprhensive strategy to eliminate future sexual exploitation and abuse in United Nations peacekeeping operations.

[37] In the Case Concerning Military and Paramilitary Activities in and against Nicaragua resolution 2625 (XXV) on Friendly Relations and Cooperation among states for the law on the use of force and intervention was relied.

[38] UNSC resolution 1325 adopted at its 4213 meeting on, 31^st October 2000.

[39] UNSC resolution 1820 adopted at its 5916 meeting on, 19^th June 2008.

[40] UNSC resolution 1888 and 2106 adopted at its 6195 and 6984 meeting on, 2009 and 2013.

[41] UNSC resolution 2475 adopted at its 8556 meeting on, 20^th June 2019.

[42] UNSC resolution 1308 adopted at its 4172 meeting on, 17^th July2000 on “Responsibility of the Security Council in the Maintenance of International Peace and Security: HIV/AIDS and International Peacekeeping Operations.

[43] Theodor Maron, “Rape as a crime under International Humanitarian Law”, The American Journal of International law, (1993), Vol. 87, No. 3, pp. 424-428.

[44] Human rights watch report on “Seeking Justice, the Prosecution of Sexual Violence in the Congo War”,(2005).

[45] The absence of anti-retoviral treatment stills the rule not the exception in Africa, means that people are dying, not living, with AIDS.

[46] Ministry of Foreign Affairs Copenhagen, “Warburton Mission II report” EC investigative mission into the treatment of muslim women in the Former Yugoslavia: Report to EC foreign ministers, (1993).

[47] Unnatural things are nothing but the things which are not natural for example, humans are not born criminals, according to the nature they are smooth, soft. Intrusion of external things such greed, power, lust corrupts them and make unnatural to the creation.

[48] Zaryab Iqbal, and Christopher Zorn,“Violent conflict and spread of HIV/AIDS in Africa”, 72 The Journal of Politics, (2010), pp. 149-162.

[49] During the training, the condoms were being distributed as a life-saving measure to prevent the spread of HIV/AIDS. For detail analysis, refer UN General Assembly resolution (UNGA) A/59/710 where Prince Zied Ra’ad zied al-Hussain report on “A comprhensive strategy to eliminate future sexual exploitation and abuse in United Nations peacekeeping operations.

[50] For detailed reference, see, Radhika coomaraswamy, “15 years of The United Nations Special Rapporteur on Violence Against Women” its causes and consequences- A critical review,(1994-2009), pg. 15, 16.

[51] For brief understanding, see Otto Trifftere, Kai Ambos, “The Rome Statute of International Criminal Court – A Commentary”, 3^rd edition, 2015. Pg. 208.

[1] Grette Sara Titus,” The Role and Importance of DNA Evidence in the Indian Criminal Justice System”, Indian Journal of Forensic Medicine and Toxicology, 2023;17(4).

[3] FORENSIC DNA PROFILING: A LEGAL AND ETHICAL PERSPECTIVE IN THE INDIAN CRIMINAL JUSTICE SYSTEM, available at https://icrep.cusat.ac.in/journal/d/64a2eac7-0737-44fc-b809-255f9dd4cd1f , last visited on (Feb 2,2025)

[9] Dr. Nirpat Patel, “The Role of DNA in Criminal Investigation – Admissibility in Indian Legal System and Future Perspectives”, International Journal of Humanities and Social Science Invention, 2013, 2(7).

[15] Impact of DNA evidence in criminal justice system: Indian legislative perspectives, available at https://ejfs.springeropen.com/articles/10.1186/s41935-022-00309-y, last visited on ( Feb 3 , 2025)

[18] Grette Sara Titus. The Role and Importance of DNA Evidence in the Indian Criminal Justice System. Indian Journal of Forensic Medicine and Toxicology 2023;17(4).

[1] Dorota Anna Gozdecka, “Backlash or Widening the Gap? :Women’s Reproductive Rights in the Twenty-First Century” 2 Mdpi 1-14 (2020).

[2] Maud Anne Bracke, “Women’s Rights, Family Planning, and Population Control: The Emergence of Reproductive Rights in the United Nations (1960s–70s)” 4 The International History Review 751-771 (2022).

[3] Irfat Ara1 and Mudasir Maqbool, “Reproductive Health of Women: Implications and Attributes” 6 International Journal of Cyrrent Reseach in Physiology and Pharmacology 751-771 (2022).

[4] Patricia Pérez-Curiel, Eva Vicente, et.al., “The Right to Sexuality, Reproductive Health, and Found a Family for People with Intellectual Disability: A Systematic Review” 9 International Journal of Environmental Research and Public Health 1-29 (2023).

[5] Jordan Fletcher, Halina Yee, et.al., “Centering Disability Visibility in Reproductive Health Care: Dismantling Barriers to Achieve Reproductive Equity” 19 Emerging Issues in Adolescent and Young Adult Sexual, Reproductive, and Gender Health – Review 1-11 (2023).

[6] Università Degli Studi Di Padova Department of Political Science, Law, and International Studies, “TOO OFTEN DENIED, TOO OFTEN NEGLECTED: WOMEN’S SEXUAL RIGHTS. on the Meanings, Controversies, and the Need for a Comprehensive, Positive Approach to Sexuality.” 1-130 (2022).

[7] Richard M. Duffy and Brendan D. Kelly, “India’s Mental Healthcare Act, 2017” 1 In: India’s Mental Healthcare Act, 2017. 81-106 (2020).

[8] Renren Gong, “Chapter 1: The Emergence and Significance of the Human Rights Provisions in the Charter of the United Nations In” 5 Chinese Yearbook of Human Rights 1-33 (2023).

[9] Patience Mutunami, “Gendered Intersections Between Labia Elongation, Child Marriage, Bride Price, Polygamy and HIV Infection” 1 University of Portsmouth.’ 1-380 (2023).

[10] Theresia Degener and Yolan Koster-Dreese, “Vienna Declaration and Programme of Action”, in Brill (ed.) 429-445 (World Conference on Human Rights on 25 June 1993, 1st edn.,(1993).

[11] John Angus, “The United Nations World Summit for Social Development. Copenhagen” 1 Social Services Policy (1995).

[12] General Assembly, World Programme of Action Concerning Disabled Persons, UN GAOR, UN Doc 37/52. 1/ (Dec. 03, 1982).

[13] Andrew Byrnes and Eleanor Bath, “Violence Against Women, the Obligation of Due Diligence, and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women—Recent Developments” 8 517-533 (2008).

[14] General Assembly, The Convention on the Rights of Persons with Disabilities, UN GAOR, UN Doc No 19 (May 03, 2008).

[15] General Assembly, Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care, UN GAOR, UN Doc UN General Assembly (Dec. 17, 1991).

[16] General Assembly, Standard Rules on the Equalization of Opportunities for Persons with Disabilities, UN GAOR, UN Doc UN General Assembly (Dec. 20, 1993).

[17] General Assembly, Fifty-Eighth World Health Assembly, UN GAOR, UN Doc Wha58/2005/Rec/1 (Dec. 26, 2004).

[18] Carrie Booth Walling, “Global Governance: A Review of Multilateralism and International Organizations” 26 The United Nations Security Council and Human Rights 291-306 (2020).

[19] Walter Leal Filho, Marina Kovaleva, et.al., “Promoting Gender Equality Across the Sustainable Development Goals” 25 Environment, Development and Sustainability (2023) 25:14177–14198 14177–14198 (2022).

[20] Mental Healthcare Act, 2017 (Acts of Parliament, 2017), ss. No. 10, Section 21 (a).

[21] Swagata Raha and Shampa Sengupta, “Rights of Women with Disabilities Under Indian Legislations” 14 Socio-Legal Review 1-23 (2018).

[22] Veronica Arora and Ishwar C Verma, “The Medical Termination of Pregnancy (Amendment) Act, 2021: A Step Towards Liberation” 1 Law and Bioethics 1-4 (2021).

[23] Suresh Bada Math, Vinay Basavaraju, et.al., “Mental Healthcare Act 2017 – Aspiration to Action” 1 Review Article 1-7 (2017).

[26] Shraddha Chaudhary, “Reforms to the Legal Framework of Child Sexual Abuse in India: Legislative Band-Aids on Systemic Wounds” 44 Statute Law Review 1-22 (2020).

[27] Protection of Children from Sexual Offences Act, 2012 (Acts of Parliament, (2012) (India), ss. No. 32, Sections 26(3) and 38(2).

[28] Dinakaran Damodharan, Lakshmi Sravanti, et.al., “The Protection of Children from Sexual Offences (POCSO) Act, 2012” 1 FORENSIC PSYCHIATRY in INDIA Interface of Indian Laws & Mental Health 73-191 (2012).

[29] State v. Mohd. Ayub, (2013) Spl. (POCSO) Case No. 15, decided on 8-12-2016 cited in CCL- NLSIU, Study on the Working of Special Courts under the POCSO Act, 2012 in Maharashtra (2017), 33.

[30] Suchita Srivastava v. Chandigarh Administration, CIVIL APPEAL NO.5845 of 2009 (Arising Out of S.L.P. (C) No. 17985 of 2009).

[31] Laxmi Mandal v. Deen Dayal Harinagar Hospital, W.P.(C) 10700/2009.

[32] Anand Manharlal Brahmbhatt v. State of Gujarat, R/SCR.A/4204/2015.

[33] G.M. v. The Republic of Moldova, Application No. 44394/15.

^{^[1]} Assistant Professor, KMC College of Law,Tirupur,Tamil Nadu, India.

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^{^[4]} Leela Kumar, MRTP COMMISSION and COMPETITION COMMISSION of INDIA, SSRN Publications.

^{^[5]} R.K. Hazari, Industrial Planning and Licensing policy Report, Government of India, Planning Commission, 1951.

^{^[6]} INDIA & DUTT, S. (1969). Report of the Industrial Licensing Policy Inquiry Committee. [New Delhi], Dept. of Industrial Development.

^{^[7]} INDIA & MAHALANOBIS, P. C. (1964). Report of the Committee on Distribution of Income and Levels of Living. New Delhi, Government of India, Planning Commission.

^{^[8]} Kulshreshtha, v. D. “REPORT OF THE MONOPOLIES INQUIRY COMMISSION: AN EVALUATION.” Journal of the Indian Law Institute, vol. 8, no. 3, 1966, pp. 413–427.

^{^[29]} Restrictive Trade Practices Enquiry No. 118 of 1994 Decided On, 01 March 2002.

^{^[30]} (1995) 3 CTJ 332 (MRTPC) 74 Truck Operators Union vs. Mr. S.C. Gupta & Mr. Sardar AIR 1986 SC 991 (1995) 3 CTJ 70 (MRTPC).

^{^[33]} LPA No. 733/2014 and W.P. (C) No. 7084/2014.

^{^[34]} Case No. 6 of 2015, Order dated September 03, 2015.

[1] TRIPS Agreement, Apr 15, 1994, Article 31 (h), 33 I.L.M. 1125 (1994).

[2] Cf lain M Cockburn, Intellectual Property Right and Pharmaceuticals: Challenges and Opportunities for Economic Research, Wipo's The Econs. Of Intell. Prop. 150, 160-161 (2009)

[5] JH Reichman, Compulsory Licensing of Patented Pharmaceutical Inventions: Evaluating the Options, The Yale Law Journal, 46 (8) (2009).

[8] Kristina M. Lybecker, Elisabeth Fowler, Compulsory licensing in Canada and Thailand: comparing regimens to ensure legitimate use of the WTO rules, 37 J. Law Med. Ethics 222 (2009).

[9] Sara M. Ford, Compulsory Licensing Provisions under the TRIPS Agreement: Balancing Pills and Patents,15(4) American University International Law Review 941, 953 (2000).

[10] Bayer Corporation v. Natco Pharma Ltd., Order No. 45/2013, 40 (Intellectual Property Appellate Board, Chennai), available at http://www.ipab.tn.nic.in/045-2013.html.

[11] Amiti Sen, US Protests Patent Issuance to Natco to Sell Copied Versions of Nexaver, The Economic Times March 27, 2012, available at http://articles.economictimes.indiatimes. com/2012-03-27/news/31245102 compulsory-licence-patent-owner-indian-patent-office. Last accessed 13 September 2024.

[12] Sahni, The Economic Times, ‘US Threatens take India to WTO over Nexavar Generic’, 5 July, 2012.

[13] Tahir Amin, ‘Voluntary Licensing Practices in the Pharmaceutical Sector: An Acceptable Solution To Providing Access To Affordable Medicines’, Oxfam Gb At 3 (2007).

[14]Clair Cassedy, Transcript of Bayer CEO Marjin Dekkers quote at the December 3, 2013, FT Event, regarding India compulsory license of Nexavar, Knowledge Ecology Int'l (Feb. 7, 2014), available at http://keionline~org/node/1924. Last accessed 13 September 2024.

[15] Bayer Corporation v. Natco Pharma Ltd., (n 10)

[1] Ritika Jain, Competitive Advantages and Competition Issues: Analysis of E-Pharmacy Market in India, 4 INT'l

J.L. MGMT. & HUMAN. 962 (2021).

[2] Zaheer Ahmed v Union of India W.P. (C) 11711/2018

[3] Tamil Nadu Chemist and Druggist Association v Union of India 2019 (1) CTC 548

[5]Musyuni, P. (2020) Regulation of e-pharmacies in India, Lexology. Available at: https://www.lexology.com/library/detail.aspx?g=be7476c9-6d91-41a4-bc20-6fe78637bc22 (Accessed: 13

September 2024).

[6] Mackey TK, Nayyar G. Digital danger: A Review of the Global Public Health, Patient Safety and Cybersecurity threats posed by illicit online pharmacies. Br Med Bull. 2016;118(1)110-126

[7] Crawford SY. Internet pharmacy: Issues of access, quality, costs, and regulation. J Med Syst. 2003:27

^{^[1]} BBC News, Who are the men convicted in the Gisèle Pelicot rape trial, (Dec. 19, 2024), https://www.bbc.com/news/articles/c785nm5g5y1o.

^{^[3]} Nick Robins-Early, The anonymous, anything-goes forum at the heart of the Pelicot rape case, The Guardian (Oct. 12, 2024), https://www.theguardian.com/world/2024/oct/12/coco-website-pelicot-rape-trial.

^{^[4]} Catherine Porter & Ségolène Le Stradic, France Confronts Horror of Rape and Drugging Case as 51 Men Go on Trial, The New York Times, (Sept. 2, 2024). https://www.nytimes.com/2024/09/02/world/europe/france-husband-rape-drug-trial-mazan.html

^{^[6]} Lina Fourneau, Entre pratiques sexuelles et trafic de drogues, le forum Coco.fr interdit après avoir frisé trop souvent l’illégal, (June 23, 2023), https://www.20minutes.fr/by-the-web/4042318-20230623-entre-pratiques-sexuelles-trafic-drogues-forum-coco-fr-frise-trop-souvent-illegal.

^{^[8]} Par Esther Paolini, Richard Dewitte, star déchue du groupe Il était une fois, au tribunal pour corruption de mineurs, (Sept. 17, 2023), https://www.lefigaro.fr/faits-divers/richard-dewitte-star-dechue-des-annees-1970-au-tribunal-pour-corruption-de-mineurs-20230917.

^{^[9]}A.M v. Omegle.com LLC, (U.S. Dist. Ct., Dist. of Or. 2019).

^{^[12]} Thomas Wahl, Law Enforcement Experts: Action against End-to-End Encryption Needed, Eucrim (July 31, 2024), https://eucrim.eu/news/law-enforcement-experts-action-against-end-to-end-encryption-needed/.

[1] Paris Convention for the Protection of Industrial Property (1883).

[2] Madrid System for the International Registration of Marks (1891).

[3] Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1994)

[4] The Trade Marks Act, 1999, Government of India.

[8] Indian Intellectual Property Office IP India.

[9] Commercial Courts Act, 2015, Government of India.

[11] Daimler AG v. Hybo Hindustan, 2006, Delhi High Court.

[12] Milmet Oftho Industries & Ors. v. Allergan Inc., 2004, Supreme Court of India.

[13] Yahoo! Inc. v. Akash Arora & Anr., 1999, Delhi High Court.

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