Journal Title : National Journal for Legal Research and Innovative Ideas
Frequency : Quarterly
Volume : 2
Issue : 3
Period : April - June
1. PROTECTION OF IP RIGHTS IN ESPORTS INDUSTRY: AN ANALYTICAL VIEW
By- Aditya Sharma & Atul Balasubramaniyam | Students | Alliance School of Law, Alliance University, Bengaluru
•Abstract
With the advent of the pandemic, the number of online gamers has increased substantially, and with more players the instances of the rights of these games being infringed is also increasing. When people conduct unofficial tournaments, they are not sharing the profits out of it with the game producers which violates their economic right, leaking upcoming content of a game without the company’s permission and copying the art, designs, models etc., to make a profit out of it. So, the question arises: are there any legal remedies available that the companies turn to in order to protect their rights from being infringed? Within a short span of time after emerging the E-sports Industry captured a huge market share with games being played on an international scale. To encourage people to play E-Sports different game producers started organizing tournaments with extravagant cash prizes.
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2. Are our provisions of the Legal system biased towards saving the guilty rather than punishing the latter?
By- Devika Raj|Student|Symbiosis Law School, Nagpur
•Abstract
There is a famous saying by “Benjamin Franklin”, "It is better a hundred guilty persons should escape than one innocent person should suffer." , I have a different point of view in this case, That this particular notion of our legal system is somewhere ignoring the sentiments of innocent victims who go to the courts for justice, where the court numerous numbers of times give more attention to the presumed guilty person rather than the victim, This way the justice suffers. The presumed guilty who is taken to the court gets numerous opportunities to prove himself/herself non guilty of the offence, The whole justice system helps him/her in this process. There are public prosecutors helping the person prove his innocence, The law system, The non-stringent adaptation of dealing with the suspect in a certain way disempowers the victim and his/her sentiments who through all dignity and power approaches the court with the hope that he/she will be given importance but the opposite of this is what that is seen. The suspect gets to an advantageous position.
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3. GENDER SENSITIZATION : AN EMERGING SOCIAL REQUIREMENT
By- Yukta Sharma|Student|School of Legal Studies|REVA University, Bengaluru
•Abstract
Sensitization of gender, in its basic sense is an equal treatment or raising awareness towards gender equality in the society. There is a need to sensitise gender roles which are already set in the form of stereotypes because from the time immemorial men in our society are in prestigious position than women. Till date, after so much advancement in the society there is still a requirement to sensitize gender by taking initiative to improve the status of women in our society. They are not treated as equal as men according to our social practices and perspectives. Sometimes, they are either disrespected or treated with bias. Therefore, the main idea of this study is to know about gender inequalities with reference to the two genders i.e. male and female and the study of areas and manner in which such discrimination occurs, statistical trend during pandemic and legal remedies available to the women in our constitution. Thus, this study does not include transgender.
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4. SUSPENSION OF LABOUR LAWS IN INDIA IN THE CONTEXT OF COVID-19 : A CRITICAL ANALYSIS
By- Aditi Mohapatra | Student | KIIT School of Law
•Abstract
The labour market is regulated to protect workers' interests, which is viewed as an external intervention in the market process, resulting in a slew of distortions and inefficiencies, including increased unemployment. India's labour laws are broad and competitive with those of both developed and developing countries, and they are on the more protective end of the spectrum, with measures that are continually strengthened in response to changing circumstances. In 2020, the world economy has been thrown into upheaval as a result of the new Coronavirus. Working-class people have been particularly heavily hit by this pandemic. Many people have not only lost their employment but their pay has also been reduced. Several states in India, where the state government also has the right to suspend labour rules that are part of the concurrent list of the Constitution, have been abusing this power under these unusual circumstances. The suspension of labour laws is a breach of both the ILO agreement and the Indian Constitution. State governments cite the need to stimulate the economy and attract investment as grounds for their actions. In this paper the impact of the suspension of numerous labour laws is examined, as well as the cost of the economic boost.
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5. AN ANALYSIS OF THE EVOLUTION OF RIGHT TO PRIVACY IN INDIA
By- Kushangi Sameliya |Student | Bharati Vidyapeeth | New Law College, Pune
•Abstract
The debate of privacy basically came into light in the 21st century with the need of data privacy laws and right to privacy of every individual irrespective of their caste, sex, place of origin etc. Right to privacy is not new, it has been a common law concept and an invasion of privacy gives rights to individuals to seek remedy for the same. It plays a significant role in one’s life in developing personality, integrity and dignity. However, it is not an absolute right, but an evasion of one’s privacy must be based on legality and such an invasion must be justified by law. In this paper we have traced various judgements given by the courts thereby recognizing privacy as a part of Article 21 of the Constitution of India. The paper basically examines the jurisprudence of evolution of the right to privacy as a fundamental right in India. Also considering the fact that the era we live in is an era of information and not every information we have is secured and hence the role of privacy becomes important here. In this paper we examine the difficulties faced by the courts in declaring the right to privacy as a fundamental right. The scope of Article 21 is multi-dimensional and the term ‘privacy’ is a dynamic concept which needs clarification.
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6. CONCEPTS OF LEGAL RIGHTS AND DUTIES UNDER JURISPRUDENCE
By- Neha Mohanty |Student | KIIT School of Law
•Abstract
Freedoms and equity are conversely utilized in many regards, which are entitled by the individual who can convey it. Equity organization is laid out for the security of freedoms and coherence of obligation. Law manages the issues of freedoms or obligation. All lawfully allowed activities are freedoms though obligation alludes to no off-base. Regard to the right holder is the obligation. There are common freedoms, basic privileges, legitimate privileges, and moral privileges and so on Components of Legal privileges are subject of right, subject of obligation, content of right, acts, and title. There are three speculations of privileges and obligations as will hypothesis, interest hypothesis and state assurance hypothesis. This paper also highlights the various types of legal rights , the theories of legal rights. It also focuses on the concept of rights in India. Privileges and obligations are critical piece of regulation and case regulation. Extreme motivation behind regulation is either deciding privileges or obligations. In any case, freedoms and obligations are fundamental structure squares of regulation and case regulation to determine question among different gatherings and quintessence of the law.
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7. Breach of Contract – What is Mora Creditoris and Mora Debitoris
By- Gaurang Takkar
•Abstract
Section 2h of the Indian Contract Act, 1872 defines contract as “An agreement enforceable by law”. A proposal coupled with acceptance becomes promise. A promise with a consideration leads to an agreement and an agreement enforceable by law is termed as contract. There are some basic essentials of a contract under section 10 of the ICA, 1872 which are that a person should be competent to contract, of sound mind, of age of majority and the contract should be for lawful object and consideration. A contract is said to be completed when it is discharged. Let us understand about the Discharge of Contract and its types.
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8. IS BANNING MEAT (NON-VEG) DURING NAVRATRI CONSTITUTIONAL?
By-Ninaad Deshmukh
•Abstract
The right of choice is an intrinsic part of the right to life and personal liberty. As such, all individuals in our country are endowed with the freedom of choice in all aspects of their life. But there are certain situations wherein these rights might be at risk. At times, there might be fair justification for the same, but such justification requires intense scrutiny while keeping in mind the very fundamental notions of the principles that our country and its system stands on. This article looks at the recent question of meat ban during Navratri in the light of the same and aims to assess and analyze the presence and/or absence of merit in the arguments for and against the ban, to ultimately reach a conclusive stand on the matter.
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9. Critical Assessment of Freedom of Speech and Expression under the Early Constitution (First Amendment Act)
By- Nishanth Chidananda
•Abstract
The Constitution (First Amendment) Act, 1951 continues to be one of India’s most controversial changes to the Original Constitution. It was stirred by the series of High Court judgements that adopted the reasoning provided by the Supreme Court in the striking down of the ‘Public Safety Act’ in Madras and East Punjab. The court was of the opinion that unless the issue was threatening the foundations of the State or in furtherance of overthrowing of the State, it was within the right to expression. This attracted the attention of the then Interim Prime Minister of the Dominion Parliament who moved the Parliament to pass a bill that would amend several provisions of the Parliament of India, especially in Chapter III. The Statement of Object and Reasons stated that the nation experienced ‘certain difficulties’ in the last fifteen months since the enactment of the Constitution. This paper aims to analyze the reasoning and background behind the passing of India’s first-ever change of the fundamental principles of the Constitution.
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10. A CRITICAL STUDY ON VIDEO GAMES IN INDIA: MISLEADING THE YOUTH
By- Sonali Supriya
•Abstract
The 21st century has been the turning point for the gaming industry. It was all possible because the internet and smartphones were available at cheaper rates to the general public. Eventually, the graphics in smartphones were improvised, allowing the gamer to have virtual experiences. And this led to a powerful influence on the lives of youth. Therefore, seeing the growth and popularity of video games, cybercriminals choose this medium to carry out their illicit activities. As the gaming industry continues to grow and expand, the number of cybercrimes also increased at that pace, leaving the youth to fend for themselves. The question that arises now is how do those criminals carry out their illegal activities? The answer to this is that cybercriminals attempt to reach out to online gamer and tempt them with offers or schemes relating to the game, and when the gamer is intrigued, they manage to obtain sensitive information out of them. In this way, they commit their crimes by duping the gamers. The gamers fall into that trap because 90% of them are below the age group of 18. That is why the criminals target them. So, in this research paper, the author desire to highlight the involvement of cybercrimes in video games and how these video games are misleading the youth.
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11. The reflection of Gita’s teachings in the Indian Constitution and their validity in the Contemporary World
By- Shruti Singh| Amity Law School, Lucknow
• Abstract
“Nand Lal Bose renowned painter illustrated the pages of the real constitution with Hindu gods and goddess and references from Gita .” Bhagavat Gita has been the source of law since ancient times. It is believed the people who study Gita rise above the material world. Vedic knowledge was granted through Gita and even today state government can allow teachings of Bhagavat Gita in the schools. Bhagavat Gita has been the sole source of Indian tradition and has guided our nation since the time of Mahabharat. B.R Ambedkar the first law minister of India and head of drafting committee of the Indian constitution went through the Brahminical texts, Gita and other texts with a view of analytical studying them and implementing them studying them like a gospel. In the case of the right to privacy as well the learned judge gave a judgement recalling a verse from chapter 4 of the Gita . This paper will firstly be analyzing the reflection of Gita on the provinces of the Indian constitution. Secondly this paper would also talk about how the teachings of Gita relevant in contemporary times by having a look at the article’s researchers claim the origin to be Gita and cases like right to privacy case.
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12. TRANSGENDER, THE CURE OF THE OPRESSION IS EQUALITY
By- Vanshika Ashu, Amity Law School, Lucknow
• Abstract
The official figure of 2.5 million Transgender person would have a ray of hope when the self-proclaimed intolerant heterosexual people of India would limit themselves from abusing the sanctity of the constitutional and promote the Egalitarianism essence of it. The ray of hope had a breakthrough when their existence has been decriminalized. Henceforth it depends on us, whether this hope will flourish or not. The people who exercise their right to choice should never remain in fear. The guarantee of constitutional rights does not depend on their exercise being favorably regarded as majority opinion. The challenge to Indian ethos calls for a fight upon the contention on who decides the constitution as one must always fight for the right. The chaos is relentless as the majority of India reflects the idea of intolerance towards the Trans community and withholds its supports on promoting the homosexual behavior and gay rights.
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13. WEALTHIEST PILGRIMAGES SERVING THE SOCIETY: REALITY OR MYTH!
By- Gourvi Gupta and Gourav Bavishi
• Abstract
Pilgrimage is among the earliest and perhaps most fundamental kinds of population migration activity of human civilization, with significant political, sociological, religious, and economic ramifications which is and continues to be significant. Pilgrimages and temples play a significant role in the lives of people and in a country like India which is so diverse and consists of multiple different religions, the importance of pilgrimages and temples increases even more. In this research paper we have tried to find out that how these pilgrimages use their wealth and if they serve our society in any way or only serve themselves. To get idea of how population perceives this philosophy, a survey was conducted in which responses were gathered randomly. Google form was used for questionnaire and it consists of various questions which helped us to get an idea on how general population thinks about pilgrimages and their contribution towards our society, if any. ANOVA and percentage analysis were used to interpret the results which we got from survey and finally we were able to conclude our research paper with the findings of our survey.
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14. Climate Change Litigation In India
By- Aryan Dwivedi, Gujrat National Law University
• Abstract
Environmentalists are turning to courts for the enforcement of ineffectiveness on the part of countries to tackle the problem of climate change. Climate change mitigation and adaptation have been addressed in a variety of legal ways in a number of nations. It includes the enforcement of fines and other penalties on corporations and governments which fail to effectively account for climate change. India’s environment is obscured by legal differences, which are related with opposing visions of democracy and socialism in the country’s politics. During the preceding two decades, the judiciary expanded the scope of PIL to include environmental protection. Article 21 now encompasses a hitherto unrecognised right to a healthy environment. This raises real concerns regarding the growth of the notion of climate change law in the next years and decades. The paper seeks to examine the present situation of Climate Litigation in India by taking into consideration the Indian Judicial system and has analysed what has been done for climate change litigation in India by taking help of Air Pollution Prevention Act and other Environment Legislation. Climate change law should be established as a distinct branch of law for a variety of reasons. This would promote attempts to build climate change legislation, as well as litigation, as the public’s knowledge of these problems increases.
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15. ETHICS AND CYBER CRIMES IN INDIA
By- Kushangi Sameliya & Rohan Talreja, Bharati Vidyapeeth New Law College, Pune
• Abstract
When the internet was developed the founding fathers barely had the idea that the internet can also be misused for criminal activities. In today’s era there are many disturbing crimes happening in cyberspace. Cybercrime includes all those activities which are done with the criminal intention in the cyberspace. Cyberspace can be defined as the world which is computer generated and the laws prevailing in this area is called as Cyber Laws and all the users who use internet comes under the jurisdiction of these laws and has a worldwide jurisdiction. Cyber Law can be defined as that branch of law which deals with the legal issues related to internet networking and information technology. In short, cyber law is the law which governs the internet and the computers. Cyber Law is so important in today’s world as it cover all the aspects of workings related to internet whether it be social media or online transactions everything needs to be protected. In this paper we will be discussing about the Cyber Crimes in India and ethics related to it. We will be further discussing about the need of Cyber Laws as the number of cases are increasing day by day related to internet. Cyber Crime is emerging as a serious threat to an individual’s life and it must be controlled as soon as possible with the help of Cyber Laws and bringing necessary amendments. This article provides a glimpse of Cyber Crimes in India and the ethics that must be followed while using a computer or internet services.
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16. COPYRIGHT PIRACY : A HURDLE IN THE PACING ENTERTAINMENT INDUSTRY
By- Nisha Patnaik & Ayush Senapati, KIIT School of Law
• Abstract
Who would have thought an unethical act from mediaeval times would have time traveled and will still trouble the humans in this modern era? Back then piracy used to be an offense of raiding and looting ships in the high seas by the pirates and the modern-day pirates is doing the same just with different modus operandi and with different weapon, called internet. The issue of piracy is quite grave and even after having a sanction against it a plethora of cases can be seen to date. There have been many debates and discussions regarding the impact of illegal sharing may have on the creative industries. Piracy is one such form where there is mostly online copyright infringement wherein games, movies, software, etc. are sold and distributed without the knowledge or permission of the original creator. This sort of illegal sharing causes not only just the revenue loss of the original owners but also gives a major blow to the overall state of the economy. Digital piracy is more prone to risk as it is hard to find infringers on the digital platform. The accompanying paper would deal with the historical background, the issues and challenges in various fields , existing legislation, and few suggestive reforms to deal with the particular issue of piracy.
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17. GREEN CRIMINOLOGY : A STUDY OF ENVIRONMENTAL CRIMINOLOGY
By- Vikram Shantu, RMLNLU, Lucknow
Green criminology is now a well-established field of study with a substantial body of published material. The scope of the job under consideration is so vast that it cannot be fully handled in a single examination. This article delves into the notion of green crime, the history of green criminology, some key areas of green criminological research, and potential future improvements in the subject. Green criminology, as opposed to traditional criminology, which focuses on human victims, recognises that a range of living animals may be victims of human-caused environmental degradation. As a result, green research analyses criminal behaviour, victimisation, and justice administration from a range of theoretical perspectives that recognise unique victims. Despite the fact that green criminology spans a wide range of theoretical views, this research focuses primarily on political and economic green criminology. Other varieties of green criminology are described in the section titled "The Definition, Overview, and Historical Development of Green Criminology," although this section does not go into depth about them.
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18. D. VELUSAMY v. D. PATCHAIAMMAL, (2010) 10 SCC 469
By- Kashish Gupta, Jindal Global Law School
•Abstract
In a country like India where laws are biased towards preservation of marriage, often at cost of women suffering, it is not surprising that the concept of ‘live-in relationship’ has been always considered unethical and immoral. However, moral policing cannot take away the fundamental rights sanctioned by the Constitution. The case of D. Velusamy v D. Patchaimal decided in 2010, generated a similar debate when the court through its ambiguous moral judgment, limited the scope of the expression ‘relationship in the nature of marriage’ under Section 2(f) of the Protection of Women from Domestic Violence Act and equated it with ‘common-law marriages’. While the judgement appears to be progressive by recognizing the legality of certain live-in relationships, it ended-up disadvantaging the women it seeks to protect. This comment attempts to critically analyse the Velusamy judgement and contends that by limiting the scope of the expression ‘relationship in the nature of marriage’, the court excluded women in a diverse range of cohabiting relationships, especially those who are in fraudulent marriages or are ‘second-wives’ from seeking legal remedies.
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19. Restitution under Section 144 of Civil Procedure Court (CPC) 1908
By- Himanshu Kumar
•Abstract
The term restitution is nowhere defined in the CPC. Section 144 of CPC gives statutory recognition to the expression ‘restitution’. Restitution, literally means, restoration of things which were lost or stolen to its rightful owner. From the point of law, restitution means, restoring to a party the benefit which the other party has received under a decree which was eventually held to be wrong. Black’s Law Dictionary, defines restitution in three senses, viz. (1) return or restoration of some specific thing to its rightful owner or status; (2) compensation for benefits derived from a wrong done to another; (3) compensation or reparation for the loss caused to another.
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20. Constitutionality of Hijab
By-Harsh Gunjay
•Abstract
Muslim women have been wearing hijab for centuries in countries all across the globe and India is no exception to that. Since the invasion of Islamic rulers in India, Muslim women in India have worn a hijab and never before it has created such a contention in public discourse. Hijab is defined as a head and neck covering worn by Muslim women in public. Till now people never saw it as a bone of contention, it is essentially same as any other religious daily wear attire like Pagri for followers of Sikh religion or a simple tilak for followers of Hinduism. It is unprecedented that such basic thing that has been ubiquitous and prevalent for centuries would create such controversy and spark debate on rights and freedom among other fundamental rights. Political thinkers attribute this change of thought process to the incumbent BJP and its ideology, according to them the hard right-wing Hindutva ideology of BJP has pushed country to a brink of absolute intolerance and hatred. Political opinions and vote bank politics do play a pivotal role in shaping the thought and public discourse of a nation, but judiciary has to act as a balancing authority between political opinions and constitutional rights. Whatever judiciary says is accepted by common mass as a standard opinion and has to be accepted by authorities of state and center as a mandate.
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