Journal Title : National Journal for Legal Research and Innovative Ideas
Frequency : Quarterly
Volume : 2
Issue : 2
Period : January - March
1. RAPE LAWS IN INDIA
By- Akshay Verma , Research Intern , kaalecoatwale.com
•Abstract
Violence and crimes committed against women are universal in nature and a grave problem in Indian society. Atrocities committed against women are a challenge to society, law enforcement and public affairs. Offences against women violate the fundamental right to life and personal liberty enshrined in the Indian constitution. Article 21 of the Indian constitution guarantees the protection of life and personal liberty which cannot be infringed except in accordance with procedure established by law. In this context of this right thus, it becomes essential to understand and become conscious of how the issues of violence and discriminatory crimes committed against women are violative of this fundamental right.
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2. HATE CRIMES: THEIR NATURE AND THE LAWS CONNECTED WITH THEM
By - Madhulika Agrawal
•Abstract
Hate crimes are not generally defined under any law but it has a distinctive meaning throughout the global scenario. Hate crimes are used across many jurisdictions but doesn’t have proper understanding context of it. For some, a “hate crime” is a word that reaches across the range of unkindness that are contributed towards minority communities generally, ranging from what from a legal perspective would be considered criminal acts, to discrimination, to hate speech, to indignity. This article basically creates a basic understanding upon what are hate crimes , the nature of it, and the laws pertaining to stop it and prevent it.In doing so the this will bring out the needs and means of hate crimes and the connection it had since past to future which upholds many lives with it . Although the research literature remains micro scale and largely expressive, recent theories have begun to relate hate crime patterns to economic cycles, population flows, and changes in the political environmental changes.
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3. Noting and Protest
•Abstract
The procedure of a notary public recording the fact and reasons for a negotiable instrument's dishonour is known as noting. . A notary public has recorded a minute on the dishonoured instrument. A protest is a certificate signed by a notary public attesting to the fact that a negotiable instrument has been dishonoured. If an instrument is dishonoured, the holder has the option of having the fact not only noted, but also confirmed by a Notary Public that the bill has been dishonoured. A protest is the name given to such a certificate.
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4. Treatment of Prisoner: Non-Custodial
By- Pranjal Tiwari , Student , Tamil Nadu National Law University
•Abstract
The query about punishment for going beyond legal boundaries is a point of ongoing discussion. Though not the most often used penal punishment, imprisonment of prisoners still a mostly preferred punishment for crime, which was made by international law for human right to the extent that is given after a trial as per the due procedure of law and does not subject to treatment excluded by standards of human right as being, in specific, evidently disproportionate to the offence committed.
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5. INTERNET AND MOBILE ASSOCIATION OF INDIA V. RESERVE BANK OF INDIA ( Case Comment)
By- Aamera Shaikh
•Abstract
On March 4th 2020, the Supreme Court of India in the case Internet and Mobile Association of India v. RBI or also known as the “virtual currency case” has passed the judgement in favour of the petitioner i.e. the court has declared the circular issued by Reserve Bank Of India as illegal or unviable. The circular issued by the Reserve Bank of India had laid restrictions upon banks and other entities regarding any kind of dealings or trading in virtual currencies or which is also known as crypto currencies. The judgement given by the court declared these restrictions and instructions laid by RBI as unfair and inappropriate and thus declared them as unenforceable. Justice Rohinton Nariman, Aniruddha Bose, and V. Ramasubramanian were the judges of the Supreme court of India, under whom the judgment was pronounced regarding the petition filed by the Internet and Mobile Association of India.
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6.A CASE COMMENT ON WHATSAPP AND FACEBOOK PRIVACY POLICY
By - Aarushi Srivastava, Student, University of Mumbai
• Abstract
India is one of the populous countries in the world and has a rapidly growing internet connectivity and accessibility market in the world. This development has taken rise due to mobile and computer devices has been introduced in the market every other day. The internet service market has become more competitive due to emergence of the new players. During the wake of COVID people completely relied on the internet and social networking sites for work as well as for leisure. Apart from voice calling, social media is another source that is used by people to communicate with their keen and kith. Internet and social networking site have become a part of every individual's life. The spread of internet connection amongst the population has introduced some major issues of concern. In India, there are various service providers that are utilized by the people of India to communicate with their friends, family, and the known ones. Due to these social networking sites, people are facing issues like privacy and lack of protection who are indulged in these sites. One of the most trusted and reliable sources for people was WhatsApp until they brought their new privacy policy in the year 2016 and now again in 2021. The Privacy Policy was about to share data with WhatsApp’s parent company Facebook.
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7. BODY PARTS FOR SALE? THE BRUTAL TRUTH OF ORGAN TRAFFICKING
By- Advocate Siddhi Gokuldas Naik
•Abstract
Organ trafficking is perhaps one of the most organized and lesser discussed forms of human trafficking. In the 21st century, it has emerged as a lucrative business on the global level generating around 1.5 billion dollars each year. With a shortage of legally sourced organs, every year thousands of body parts are illegally harvested and transported by all means from India to different parts of the World and vice-versa. Organ traffickers earn unmeasurable profits from this industry in the shadows because of its intricate nature. Illicit organ trade leaves the vulnerable populations, that is the victims (donors) and the first world beneficiaries (recipients) open to severe exploitation and a lifetime impact on their health.
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8. Relocating Responsibility: Evolving from Caveat Emptor to Caveat Venditor vis-Ã -vis the Indian Sale of Goods Act
By- Aryan Tulsyan|Student |Jindal Global Law School
• Abstract
In the modern consumerist world, the consumer is ‘King’. In this world, a legal obligation upon the buyers to exercise excessive caution to protect themselves from being defrauded by sellers would be far from beneficial for the flourishment of trade and commerce. This doctrine, caveat emptor, seeks the buyer to beware of the purchases they make. With the advent of such modernization and industrialization, there was a call for the formulation of a legal principle which would protect the buyers without imposing unreasonable responsibility upon them. This lacuna was filled by caveat venditor, which transferred the responsibility to the sellers to beware. In a common law country like India, it would be impossible to ‘replace’ one principle with another. Therefore, there is a need for coexistence and balance between the two theories. In this paper, I analyze the prominence of the theories under the Indian Law, and would there be a possibility for the mutual existence of both the principles.
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9. Force Majeure: An Intricate Study in the Light of the Covid-19 Pandemic
By- Ankur Mukherjee|Student|Department of Law, Brainware University, West Bengal
• Abstract
The study delves deeper on the system with reference to the Force Majeure clause which really has become quite a talk. The article follows a doctrinal approach on the discussion and joining related to the issue and shall endeavour to look into the impact which turned a great equalizer. The whole landscape has become totally offset due to the indecisive outbreak of the pandemic, named Corona Virus or Covid-19. Under the nationwide lockdown where commercial contracts totally became bulwark due to the uncertainty arouse from it, where the outcome was leading to their non performance of contractual obligations. This article discusses on the magnitude of this uncertain clause as well as whether or not the current state of affairs meets the requirements of Force Majeure event. The article also concerns about the jurisprudence that stands and also about whether the pandemic is an Act of God or not, the perplexity associated with it and an observation.
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10. Is our online information safe?
By- Ashi Agarwal & Akanksha Yadav, Students, Jamnalal Bajaj School Of Legal Studies, Banasthali Vidyapith, Rajasthan
• Abstract
Privacy, a key element of one’s life and technology, the new basic necessity of our life. Now the question arise, is the privacy is maintained with this age of technology. We are in the age of technology where everyone can know about anything just by one click either it might be general information or it can be the personal one. When we talk about personal data or information on social media or any other place, the very first thing click to our mind is that “is our information safe?” There are various fears present over the internet like theft of information and data which might affect personally or professionally.
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11. ANALYSIS OF INDIA’S APPROACH WITH REGARDS TO EXTRADITION
By- Sparsh Sharma, Student, Faculty of Law, Aligarh Muslim University, Aligarh
•Abstract
Speaking generally, extradition is the delivery of an accused or a convicted individual to the State on whose territory he is alleged to have committed or to have been convicted of a crime, by the State on whose territory the alleged criminal happens to be for the time being. The main purpose behind extradition is to prevent criminals who flee from a jurisdiction to escape from punishment for a criminal offence they have been accused or convicted of. As is seen over the years India has failed to extradite a number of persons from foreign countries for the wrongs committed by them in India, for instance Warren Anderson, Kim Davey, David Hadlee etc. Individuals like Vijay Mallya, Lalit Modi, Neerav Modi and Mehul Choksi are the latest entrants to this list. Thus, it is pertinent to analyze the Indian approach vis a vis extradition of criminals which I will be doing in this article. I will also try to find out that what are the challenges faced by India in extraditing criminals from foreign countries.
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12.CYBER FRAUDS
By- Ayushi Tyagi
•Abstract
This paper examines the framework of cybercrime, cybercriminals, and their motives, and I want to discuss the details of various cybercrime, as well as the different challenges and response problems that may be encountered during prevention, detection, and investigation and a different IT phase. India 2000 also introduced new provisions in IT law, 2000 and cited cyber cases in India and Uttar Pradesh and currently established cyber cells in Uttar Pradesh.
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13. CAPITAL PUNISHMENT - A HANDMAIDEN OF JUDGES? CRITICAL ANALYSIS FOR THE REGULATION OF DEATH SENTENCING POLICY
By : SHUBHAM BANSAL, STUDENT, LLM, NATIONAL LAW UNIVERSITY, DELHI
•Abstract
Though it is a cardinal principle that life imprisonment is the rule and death sentence is an exception but this ideology is not being followed in spirit. This is evident from the fact that not only the frequency of death sentences are increasing but also these are justified on the ground of hurt to collective conscience of society. More so, this is the situation when Supreme court has already approved the adherence to rarest of rare doctrine. It is imperative for judiciary to not unjustifiably give contradictory judgements as it leads to uncertainty in law. This uncertainty of law is antithesis to the idea of smooth administration of justice. But interestingly, the Supreme court has continuously departed from its earlier judgements dealing with the death sentence and slided towards the judge-centric adjudication rather than the principle-centric. This becomes a very serious issue, not only as matter of public policy, but also when judiciary is the fountain of justice for both the victim of crime and the accused. This research travels into the enquiry into the questions as to how are the courts dealing with the offences which are punishable with death, if there are any extraneous circumstances which are taken into reckoning and what are the justifications given by the judges to substantiate the infliction of death sentence on an individual, can the sentencing policy attain uniformity and would be it in the interests of criminal justice system. A thorough inquiry into these aspects would clear the air to give an idea if the sentencing policy is guided by well-set factors or if it is still prone to changing proclivities of the judges. To gauge the judicial approach at the lowest rung of judicial hierarchy, the research will dwell especially upon their recent decisions and try to find out the reasons for imposing death sentence.
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14. UN SECURITY COUNCIL AND THE IMPASSE ON INTERNATIONAL SECURITY
By- Pushpam Singh, Army Institute of Law, Mohali
•Abstract
In this article, you will find how the UN Security Council which is entrusted upon the ‘Primary responsibility’ for the maintenance of International peace and security has failed the world organisation. The article discusses how the 5 Permanent members of the Security Council has misused the power of ‘Veto’ in order to secure their interests as per the geo-political implications of the resolutions and functioning to the council. Throughout the 75 years of its establishment, the Council has failed as an international organ and needs reformation in its functions and structure. The article further discusses the legal ways of enlargement of the Security Council, its precedence and implications.
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15. Right to Information
By- Bhoomi Nagari
•Abstract
In 1948, Universal Declaration of Human Rights was embraced which bestow option to look for informative records in type of any media. In the year 1966, International Covenant on Civil and Political rights expressed, "Everybody will reserve the privilege to opportunity of articulation, the opportunity to look for and give data and thoughts, all things considered. The head of Janata Party government Mr. Morarji Desai in 1977 races, included "an open government" and that it would not "abuse the insight administrations and legislative expert for individual and hardliner finishes" in its declaration. A functioning gathering was masterminded to decide if the Official Secrets Act could be revised to work with straightforwardness while giving vital data requested by the residents,Article 19 of Universal Declaration of Human Rights. No proposals were given and right to data to general society was put to an end.
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16. Maternity malpractice in India : Unsolicited Pitocin Induction - Breach of Medical ethics
By- Sai Sri Harshitha
•Abstract
Pitocin (oxytocin injection) is essentially used in the field of medicine during labour induction or also known as augmentation. However, the effects of medical oxytocin ,the fetus’s growth and development are irreversible. Maternally administered oxytocin enhanced oxytocin receptor (Oxtr) methylationin the fetal brain. The after-effects of such induction during labour have shown long-term changes in the off-spring at the DNA level. Usually, the induction of Pitocin is done with the consent of the parents. But during an emergency or other situations, the medical professional rushes and induces this risky injection, and as a result, there occurs still-births and physically-abled off-springs. This negligence is considered medical malpractice. In the pre-modern medicine era, although there existed complications during pregnancies ,why does modern medicine resort to such gnarly procedures? Can parents avoid this situation? How can one seek redressal?
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17. Crypto Currency Laws
By- Bhagesh Gupta
•Abstract
Many activities in our everyday lives have grown more flexible and efficient as a result of the fast growth of information and communication technology. Huge increase in and simplify the fiscal operations ‘such as like obtaining, infringing and trading, a numeral of internet manipulators have stimulated practical word ideas and established a newfangled commercial spectacles known as crypto currencies. Show off the crypto currency ‘Operational societal networks, operational societal games, simulated worlds, and peer-to-peer webs are examples of valuable and intangible objects that are employed electronically in various applications and networks. Use in the virtual world In recent years, the money has gained popularity in a variety of systems. This document is looking for Crypto currency Future Predictions files. It also investigates users' trust in interacting with Crypto currency is being used at a time when its usage is not entirely precise and delimited. Aside than that, the broadside Its goal to determine the prevalence of bitcoin usage in order to provide a clear picture from a practical standpoint. The document It also examines how 21 various nations have responded in terms of laws and regulations. It is working on a detailed picture of the influence of crypto currencies on various Indian laws for regulation.
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18.Extent of preferential right on agricultural land and property
By- Aparupa Sanyamath.
•Abstract
This paper focuses on the judicial interpretation of the preferential rights "a favor given under hindu succession act to co- sharer" and it's foundation stone lying in the Hindu customs, but to avail this right there needs to be essentials fulfilled such as the such claim should be made within one year of any such sale deed and the co-sharer needs to also prove that he/she was interested in buying the property and was not offered the deal, if all these are fulfilled then the court can exercise the right of pre-emption. This right is only applicable to immovable property which are basically things attached to earth through external forces. Now here the question arises that, wether the agricultural land falls in this category of property and is this right applicable on the agricultural land? So yes, Even though the property in dispute is agricultural land, the Supreme Court concluded in Babu Ram v. Santokh Singh that a Hindu heir has a preference claim under Section 22 of the Hindu Succession Act.
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19. PUBLIC OPINION AND DEMOCRACY
By- Jasmine Suri
•Abstract
It was once quoted by Harold Lasswell, a political scientist that "the open interplay of opinion and policy is the distinguishing mark of popular rule." The phrase "public opinion" was used for the first time by Jean Jacques Rousseau on the eve of the French Revolution and now the political behavior of a democratic nation is symbolized in terms of public opinion. 'vox populi', a latin phrase that translates into 'voice of the people' is an idiosyncrasy of democracy. 'The voice of the people' i.e. the 'public opinion' has a number of salient roles in representative democracy.
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20. DOES AN ARBITRATION CLAUSE BARS THE CONSUMER TO APPROACH CONSUMER FORUM FOR REMEDY?
By- Kushangi Sameliya, Bharati Vidyapeeth, New Law College
•Abstract
The Consumer Protection Act safeguards the rights and provide speedy adjudication to consumers. Whereas the Arbitration process under The Arbitration and Conciliation Act provides speedy adjudication without unnecessary expense or delay with the involvement of third-party outside the court. Whenever there is an arbitration clause present in a contract the parties refer the disputes arising out of the contract in future to an arbitrator, but an arbitration clause does not bar the consumer to approach consumer forum for remedy. These days Indians are shifting to the online shopping platform and being ignorant of not checking the agreement end up being caught up into being a party to an arbitration. This makes less options available to a consumer to approach statutory remedies and endangers the interest of a consumer. Consumers who have lesser bargaining power than that of the service providers shall not be pushed towards the relatively cumbersome process of the arbitration where there may be other more affordable and efficacious low public law remedies available. Therefore, it creates a situation where it becomes necessary to identify whether a consumer can also approach a Consumer Forum even if there is an arbitration clause in the contract and whether the Consumer forum is bound to refer the matter to the arbitrator.
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21.Jihad And Love Jihad
By- Anavi Jain, Symbiosis Law School, Noida
•Abstract
Jihad is a term that is related to Islam. Since the division of India, Hindus have been in majority and Muslims have been a minority group. Muslim population in India is something around 25 crores. Islam emerged in Arabia in the 7th century and within several years it grew rapidly in many countries. Jihad is a very complex term but if we try to understand it, in simple words it means fighting injustice and abuse that is done towards Islam, spreading positivity towards Islam, and creating a peaceful society through teaching and preaching or holy war. People might also interpret jihad as the inner struggle to do the right thing but this is not what jihad is. The former explanation well defines jihad.
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22. Capital Punishment : History, Pros and Cons
By- Anubhav Sharma
•Abstract
As we scrutinise the prevailing situation of crime in our country, we see that crimes are rampant and their severity is escalating every day. For preventing the situation to exacerbate, punishment are devised and awarded to the transgressors. Punishment is the coercion used to enforce the law of land which acts as one of the pillars of modern civilisation. There are two main reasons for inflicting the punishment. One is the belief that the person who has committed a wrong must suffer for it and other is the belief that punishing the wrongdoers discourages others from doing the wrong. Punishments can be categorised into many- capital punishment, life imprisonment, imprisonment, etc. Capital punishment is the most severe and highest degree of punishment that can be awarded to an individual under any penal law in force in any part of the world. Also known as death penalty, it involves killing of a person who has committed a certain wrong prohibited by the law.
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23. Jeeja Ghosh and Another v. Union of India and Others | Case Comment
By- Noopur Jaiswal Symbiosis Law School, Pune
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24. LEGISLATIVE COMMENTARY: TRADE UNIONS ACT, 1926
By- Simran Kaur Mitra
•Abstract
Trade Unions Act, 1926 was enacted as a comprehensive legislature for safeguarding the workers against the unfair and discriminatory trade practice through forming trade unions in the organization. The new Industrial Relations Code, 2020 suggested provisions contemplate for the registration of the Trade Unions in order to render the workers a collective bargaining. It also provides for protection and privileges for the registered trade union. The act extends to all kinds of trade union of the workers and the association of the employers for maintaining and regulating feasible management relations.
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25. INTERPRETATION OF DELEGATED LEGISLATIONS: A MUCH-NEEDED JUDICIAL ROLE
By- Arindam Shit & Gayatri Prasad Birabara
•Abstract
Delegated legislation is subject to less scrutiny in Parliament than supreme legislation. As a result, Parliament lacks authority over delegated enactment, which can lead to legal irregularities. Also, parliament cannot efficiently look after the laws made by delegated bodies, so it lies on the discretion of the authority itself. Again, delegated legislation receives little attention as the law is made by a legal authority is not communicated to the public. The laws of the Parliament, on the other hand, are widely publicized. The reason for the lack of publicity affects the appealability. Ultimately neither supreme legislature nor the public efficiently challenges the laws made by subordinate legislatures hence the judiciary must focus more on principle rule of interpretation so as to overcome the ambiguities. While judicial bodies face major challenges while giving effect to such laws, when questioned, as the laws primarily made with less supervision of supreme legislature. Moreover, if judiciary has been provided with sole discretion of interpretation to give effect to such laws, will that not be a judge made law instead of law made by subordinate legislatures?
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26. Acid Attack in India: A Merciless Tool for Revenge
By- Rachel Philips
•Abstract
One of the gruesome offences that have been on the rise across the world is the offence of acid attacks. It was reported that at least one acid attack per day takes place in India thereby getting the highest acid attack rate with least conviction rate. This Article aims at drawing attention of the readers with respect to how the penalty and provisions related to the offence has evolved overtime.
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27. LIVE-IN RELATIONSHIPS AND THEIR LEGAL STATUS IN INDIA
By- Sneha Ghosh, Student, SLS Nagpur
•Abstract
Live-In relationships are the new emerging trend in India with large number of millennials ang youngster tilting towards it rather than entering marital bonds. Live-In Relationships, also known as cohabitation, involves an unmarried couple living together perpetually like married spouses. This paper discusses the legal status of Live-In relationships in India and its social effects by tracing the development in the society over the years and the shift from arranged marriages to Live-Ins. The idea of marriage, often called the holiest union between a man and a woman, has been briefly touched upon helping us to understand the position of Live-In in a better way. Since it’s not legally binding on the partners, they don’t owe any legal obligations or responsibilities to each other, making it a desirable option for the young, urban population caught up in the race of this fast-pacing world, while being looked down upon and highly criticized by a significant population, on the grounds of immorality. The criteria to qualify as a Live-In relationship in the eyes of law has been stated. Along with the qualifying criteria, the pros&cons of cohabitation and the problem being faced due to lack of proper and specific legislation on Live-In relationships have been discussed in depth. The ambiguity surrounding the legal status of Live-In Relationships and whether it should be brought under the ambit of law with specific legislation, have been addressed. The paper has interpreted the attitude of the Indian Judiciary towards such relationships, which held that the protection of an individual’s fundamental right is of utmost importance. Also, the grey areas in this category (Interfaith couple, LGBTQ, Armed Forces, Men’s Rights) have been discussed, where the legislation is all the more unclear. It concluded with demanding the need for separate legislation for Live-In relationships and suggestions have been given to reduce the stigma about Live-In relationships.
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28. Overview of Recent Developments in Investment Arbitration with reference to Vodafone Tax Saga and the Cairns Dispute
By- Sonjuhi Kaul
•Asbtract
While the whole world is in agony due to COVID-19 , imposing a world wide economic lockdown has been the only beneficial measure to curb the growth of COVID-19 at large. Meanwhile , some of the companies and investors are looking to shift their manufacturing units from the India as its core to other countries with higher potential. India, as a host country, needs to be legally qualified to appeal and defend the international investor's interest. On one hand , India has its inherent reasons for contradicting the international investment law, and on the other, investment arbitration has its own benefits of both the regimes. India has emerged as an indigenous superpower since its 90’s and continuously aims to attract and foster foreign direct investment [“FDI”] .The Indian investors are currently pro active on a global scale. In order to attract FDI, India must also safeguard the investment and investor when in the country. Hopefully and in most probability ,India will ultimately move to transparency while being dynamic in shaping the investment arbitration regime. It now has the experiences necessary to guide itself and other countries away from a State-centric and protectionist regime into one that will furthermore enhance the enforcement of a global rule of law.
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29.RECOGNISING DRAWBACKS OF CULTURAL LAWS: A THREAT TO HUMAN RIGHTS IN DEVELOPING NATIONS
By- Parth Raman (Visiting Faculty ICRI Group) and Mehak (Law Student, Chandigarh University)
•Abstract
India, the home to the world’s largest, oldest and most diverse cultural practices that vary just like its vast geography with a diversity of language, dressing, religion and food on 26 January 1950 unanimously adopted the Constitution of India to constitute India into a Sovereign, Socialist, Secular and the Democratic Republic to secure justice liberty, equality and promote fraternity amongst all the citizens to bring one law for all the citizens. Freedom of religion under Articles 25 to 28 and cultural and educational rights under Articles 29 and 30 of the Constitution ensures non – interference of the State in religious matters with the only permissible inference being confined to matters incidental to religion.
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30. ANALYSIS OF ELECTION COMMISSION OF INDIA’S MODEL CODE OF CONDUCT
By- Khan Ahmad Darvesh, Student, Faculty of Law, AMU, Aligarh
•Abstract
India is a democratic country, according to the Basic Structure Doctrine. It is a type of government in which the State's power is legally bestowed in the entire society in the exercise of sovereign power. As a result, the election process must be free, fair, regular, and punctual. During elections, some norms called the Model of Code of Conduct are established to govern these concepts. The Election Commission ruled in 2014 that Narendra Modi had broken the Model Code of Conduct's prohibition on canvassing within 100 metres of a polling station. Gujarat police had filed two FIRs against him on the Election Commission's orders. The Election Commission charged Rahul Gandhi in 2017 for a television interview he gave a day before the final phase of voting in Gujarat. The Gujarat Chief Election Officer, BB Swain, has been asked by the Election Commission to initiate a FIR against broadcasters in the state that aired Rahul Gandhi's interviews.
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