Journal Title : National Journal for Legal Research and Innovative Ideas
Frequency : Quarterly
Volume : 3
Issue : 1
Period : October - December
1.OVERVIEW OF LABOUR LAWS IN INDIA
By- Kushangi Sameliya & Rohan Talreja, Law Students, Bharati Vidyapeeth New Law College, Pune
•Abstract
In a democratic country like India, each and every individual has a right to profess any profession which he wants to and is entitled to get paid for the work which he is providing to the service provider or to the company or to any individual. In big companies there are terms and conditions which specifically tells about the amount of salary one will be paid for his work. But when it comes to the rural areas the workers usually don’t enter into a contract with the service provider, they work on daily basis and get paid on the basis of work done on a particular day. This type of payment is a disadvantage to these workers as the service provider considers the working hours and the amount of work done by the worker. There is no minimum wage set which sometimes gives rights to the service providers to exploit the workers and give them unusual payment for the work done.
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2.EXTENT OF APPLICABILITY OF CIVIL PROCEDURE CODE, 1908 IN ARBITRATION & CONCILIATION ACT, 1996
By- Harshvardhan Jha, Law Student, Apeejay Stya University
•Abstract
Arbitration Act and Civil Procedure Code since its inception played a significant role in the overall civil proceedings. However, it is thought in some quarters that judicial intervention is anathema to arbitration but the paradox of arbitration is that it seeks the co-operation of the very public authorities from which it wants to free itself. Despite the reduced role of the Courts and the enhanced powers vested in the arbitral tribunal in the Act of 1996, it is necessary to carefully calibrate the balance between judicial intervention and judicial restraint. The power and jurisdiction of courts in arbitral matters has been the subject of much debate. Well, it’s the general perception that the Arbitration Law is a separate law and provisions in it are complete in themselves, and the same was intended by Judiciary too but there is always a strong presumption that the Civil Courts have the jurisdiction to decide all questions of Civil nature and usually the Civil Procedure Code is applicable in the Arbitration matters which are referred before the Civil Courts under the Arbitration and Conciliation Act, 1996 to uphold the principles of natural justice and correct interpretation of law.
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3. PRIVATIZATION IN THE INDIAN POWER SECTOR: A PERSPECTIVE OF THE PROCESS
By- Aryan Sinha, Law Student, Galgotias University
•Abstract
When we talk about the Indian Power Sector, it is one of the loss-making sectors in the country. It’s the distribution companies who are indulged with the transmission of electricity and the source of revenue generation in the electricity sector. To overcome the loss situation, the Government of India is in the perspective to bring the concept of privatization in the Indian Power Sector. The main focus will be on privatization of the distribution companies. In this research article, we will be discussing about the concept of privatization, the standard bidding document, Privatization of distribution companies in state and union territories, the energy law legislative framework, request for proposals & shareholders’ agreement, ATC losses, claims under privatization, and take of NITI Ayog on privatization.
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4. EUTHANASIA: THE DEBATE ENCIRCLING THE RIGHT TO DIE IN INDIA!
By - Advocate Siddhi Gokuldas Naik
•Abstract
In this world, there is no possibility of stability of any sort and no enduring state to anything. Where everything is entangled in uncertainty, so are the events of our lives. Life itself is a sea filled with rocks and whirlpools which are avoided by a man with utmost care and caution, although he is well aware of the fact that even if he succeeds in battling against all the difficulties, at every step he gets closer to the greatest inevitable moment of his life, that is ‘Death.’ The astounding advancements in medical technology have had a major influence on society. Issues concerning the lives of the people and the ideals of society are brought to the forefront. The Right to Die with dignity i.e., the freedom to manage one’s own body, destiny, and nature, including the choice of when and how to die, has turned into a great controversy with the coming of a concept termed Euthanasia.
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5.RELEVANCE OF PLACES OF WORSHIP ACT, 1991@ GYANVYAPI AND OTHERS
By - Gourvi Gupta, Law Student, NMIMS
•Abstract
In a religiously diverse country like India, the disputes arising amongst the natives and even the governments in regard to faith and religious practices is nothing new. With so many religious controversies like that of Ram Janmabhoomi, Gyanvapi, Martand Sun Temple, Sabrimala Temple, etc., there seems a dire need of enacting stringent laws in order to uphold the peace and harmony in the nation, and also the right to practice religion of people. The legislation was structured in a way that prevented the nature of a “Place of Worship” from changing, preserving the fundamental value of the right to freedom of religion to the people of India. By enacting this legislation, the state had operationalized its constitutional duties to protect the freedom of all denominations and secularism, which is one of the fundamental tenets of the Constitution and has upheld a constitutional commitment.
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6. JUDICIAL ACTIVISM THROUGH AN ECOCENTRIC APPROACH IN INDIA
By - Jasmine Suri, Law Student, Amity University, Lucknow
•Abstract
In India, the environmental degradation is primarily due to the approach to development adopted after independence in 1947, which was rooted on massive industrialization and exploitative asset utilization with little regard for sustainability. Furthermore, it is due to the failure of India's environmental management, democratic accountability, and regulatory infrastructure to keep up with the enormity and rate of economic growth since economic liberalization in 1991. The Indian judiciary stepped up its efforts to exercise its power regarding the environmental scenario in the country. This willingness has been referred to as 'judicial activism.' Around 1980, the Indian legal system, notably in environmental protection,witnessed a notable change in terms of renouncing its dormant approach in favors of charting out new horizons of social justice. Environmental activism is a representation of this, which has risen exponentially in India. The contemplation of the rule of locus standi, allowing the public to approach the Court under Articles 32 and 226 of the Indian Constitution, has been one of the reasons for judicial activism in specific environmental cases. Furthermore, the recognition of environmental rights as a "fundamental right" under Article 21 (Right to Life) of the Indian Constitution has given a constitutional sanctity to the right to enjoy a clean and healthy environment.
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7. Analysis of contract law enforcement in the public sector in India
By- Vatsalya Srivastava, Law Student, Amity University, Lucknow
•Abstract
A public sector is a part of economy that is controlled by the state. In India, the union and the states are legal persons and hence are competent to enter into a contract. The constitution of India also provides for contractual liability. This paper discusses the analysis of contract law enforcement how it operates in public sector in depth its comparative study and how both of them are related. This paper shall further deal with important provisions of government contracts, attitude of judiciary, Alternate resolution mechanisms and shall suggest what reforms are necessary while keeping a positivistic view with context to India.
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8. ANALYSIS ON RIGHT TO INFORMATION AND INFORMATION TECHNOLOGY
By -Mitra Martin & Shivani Baskar, Law Students, Symbiosis Law School, Hyderabad
•Abstract
A person's ability to exercise their basic rights, including their freedom of association, profession, speech, and expression, makes access to information one of their most important rights. By rendering the government accessible and responsive, the “right to information” plays a crucial role in creating a functioning democratic system. The internet has transformed into a major platform for enabling rights as a consequence of digitization. The vast majority of the time, this fundamental freedom is endangered by limiting internet service in an effort to dampen civil unrest or maintain law and order. In view of this, this paper seeks to assess the importance of internet access and the instances in which it may be prohibited, due to extended interests of the country. The use of information and communication technologies (ICTs) and the internet by modern governments to provide several of their operations has led to increased transparency in public governance, mainly at the level of the government-citizen interaction.
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9. A LEGAL CONUNDRUM ON INTERNET GAMBLING
By- Aditya Suresh & Asif Pasha, Law Students, Kristu Jayanti College of Law, Bangalore
•Abstract
Online gambling is considered one of the opening acts of this century. In this era of quick technological advancement and widespread internet access, unregulated online gambling affects both individuals and the country. In this paper, we have concentrated on problems with the current legal system, including its advantages and disadvantages, and instances of unfair application of the law. In addition, we have attempted to explain why online gambling regulation is necessary. Therefore, the current study examines the legal framework that governs online gambling. According to the study, there is an urgent need for internet gambling regulation in India, which will protect the rights of the government, its people, and the organizations taking part.
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10. Familial hinderances in giving children the fullest possible opportunity to exercise the adult right of self-determination
By- Basima U K, Research Scholar, Faculty of Law, University of Delhi
•Abstract
A family is the basic unit of a society where the root of an individual’s social life could be traced to. The concept of the term family is wider enough to include every social setup which consists of children either with their parents or with their guardians who are responsible for their well being. Family has the apex role in defining the adulthood of an individual by taking decisions on the matters affecting that individual such as the name, gender, religion, nationality, etc during their childhood. Article 1 of the Convention on the Rights of the Child (CRC), defines the term child to include every human being below the age of 18 years, unless under the law applicable to the child, majority is attained earlier. Children are voiceless in most of the situations and are dependent on the parents or guardian to satisfy their basic needs of food, clothing, shelter, healthcare, mental support and education. Taking this aspect of vulnerability, Article 3 of the Convention on the Rights of the Child 1989 envisages that, the best interest of the child shall be a primary consideration in all the actions affecting children. The term “best interests of the child” broadly describes the well-being of a child. The best interest of the child has a connection not just to the childhood of the individual but to the adulthood as well. It is to give the child the fullest possible opportunity to exercise the adult right of self-determination. In that case, anything done against ensuring the child the fullest possible opportunity to exercise the adult right of self-determination is a human right violation. However, parents or guardians often approve of some sociocultural and religious practices which are against the principle of best interest of the child and in some extreme cases leading to hinder the exercise of the adult right of self-determination in the fullest possible opportunity. The proposed paper focuses on the harmful practice of Intersex restoration surgery and its impact on an individual’s adult right of self-determination. Even though parents or guardians have a voice in matters affecting children, the state and the court shall interfere in ensuring the principle of best interest of the child in decisions affecting children.
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11. DRUG ABUSE PREVENTION IN INDIAN COLLEGES:AN ANALYSIS
By- SHERIN FARHANAEV, ASSISTANT PROFESSOR, CRESCENT SCHOOL OF LAW
•Abstract
The lifestyle of the youthful generation in modern India has altered and this young generation believe that that drug or alcohol addiction is a distinctive of modern living. Many members of the younger generation have been so accustomed to the dreadful addiction of drugs, thereby they believe it is impossible to live a life free of drugs or alcohol. Drug misuse is no longer only a national issue; it has crossed international borders and has become a global one. Over the last three decades, the use of illegal drugs has risen at an unparalleled rate around the globe, causing serious issues in virtually every country. Over through the years, the international community has expressed grave concern about the problem of chronic drug use's subtle long-term effects on the user, his or her family, the community, and society. Presently, drug addiction is one of the most perplexing and persistent issues that practically every country in the world is dealing with especially among students. This article examines the causes of rising drug addiction, their impact on families and society, and an individual's responsibility in eradicating the dangerous curse of drug addiction and there by contributing to the development of society and also it examines the link between young people's persistent delinquency and drug usage.
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12. CONSTITUTION OF INDIA IS THE TOUCHSTONE FOR THE LABOUR LEGISLATIONS IN INDIA: AN ANALYSIS
By - Rajat Tiwari, Law Student, Aligarh Muslim University, Aligarh
•Abstract
The Constitution of India is the nation’s fundamental law. It systematizes the core values of the people of India. The Constitution of India demarcates fundamental structures and procedures and other relevant provisos for other statutes of the nation. For every statute which is to be implemented in India, the statute must confirm the golden trinity of the Constitution of India, i.e. Art. 14, Art.19 and Art. 21. In modern times, it is quite necessary to have the shadow of the Constitution in every statute of India. In this article, it is discussed that how the labour laws of India confirms the main purpose and objectives of the Constitution of India.
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13. EVOLUTION OF PRINCIPLE OF ABSOLUTE LIABILITY IN INDIA : A CRITICAL ANALYSIS
By - Shivam Singh LLM Student, Faculty of Law, University of Delhi
•Abstract
This study review the evolution of absolute liability in oleum gas leakage case. The present paper makes an attempt to analyse how the absolute liability principles is evolved in Indian court. Further, it strives to explain the paradigm shifts from old principles of strict liability to new principles of absolute liability. Additionally, it elaborate the shortcoming of strict liability in Indian scenario and difference between principles of strict liability and absolute liability. This paper has tried to addresses many issue such as why the old rule of strict liability was inappropriate in Indian perspective and how the new rule of principles of absolute liability was applied in new cases, further the scope of principle of absolute liability has also explained in this paper.
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14. A comparative study of performance and learning for India between single and several regulators on a global scale
By - Deepika Bhardwaj, LLM Student, NUSRL, Ranchi
• Abstract
India has been a financial sector innovator on a global scale and has made a substantial contribution to the development of a strong world economy. Additionally, it is almost a "5 Trillion Economy," which is already a significant achievement for a developing economy like India. It has created a number of economic policies and regulations that have benefited the nation's economy and opened doors for other economies around the world. Many countries have benefited from India's approach to its laws and regulations and have drawn lessons from it. In areas where there is room for improvement in the current regulatory system, India's efforts are in progress to strengthen its financial sector and it may draw inspiration from the historical experiences and current regulatory approaches of many comparable countries. This research study focuses on the comparative regulatory framework analysis and historical experiences of various advanced economies around the world, which include Australia, U.S., Singapore, the Nordic countries, and the U.K. The regulatory framework is not entirely unified in at least two instances, namely Australia and Canada, where the regulation of securities is carried out independently of that of banking and insurance. In short, there is a lot of interest around the world in researching the merits of unified financial sector supervision, which combines banking, insurance, and securities regulation, but there aren't many practitioners doing it yet.
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15. A STUDY ON TRADEMARKS AND REGISTRATION OF UNCONVENTIONAL TRADEMARKS IN SPORTS
By - Gowri Manogari, Assistant Professor, Saveetha School of Law
•Abstract
Before the introduction of legislation governing trademark law in India, common law and principles of fairness protected the rights that the trademark now provides. The trademark owner had to resort to common law recourse to peddle against the infringement of his trademark. A large number of Indian legislations are the subsequent results of the enactment of English laws for the Indian subcontinent before independence. The passage of English law in England in 1875 prompted the introduction of similar legislation in India. Subsequently, the Bombay Chamber of Commerce made requests for the introduction of a bill in the Legislative Council similar to the English Act of 1875. Subsequently, the government looked into the matter and introduced the Trademark Bill in 1879. Unfortunately, the bill has not received much support or success; and therefore there was no more procession.
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16. A STUDY ON COMMERCIAL ASPECTS OF SURROGACY IN INDIA
By - Ms. B. Madhana, Assistant Professor, School of Law, Sathyabama Institute of Science and Technology (Deemed to be University) and Ms. B. Srinidhi, Law Student, School of Law, Sathyabama Institute of Science and Technology (Deemed to be University), Chennai
•Abstract
India has end up a being a fertility tourism hotspot, which has raised a pink alarm among the legislators. In the backdrop of thriving surrogacy marketplace in India, the Surrogacy (Regulation) Bill, 2016 turned into surpassed withinside the Lok Sabha aiming at banning business surrogacy in India. After introducing the topic, the paper clarifies the that means and idea of surrogacy its types and ancient history similarly the paper pursuits to song the timeline of business surrogacy in India, with it being legalized withinside the year 2002 with the regulation of CGS to its proposed ban with the Surrogacy (Regulation) Bill, 2016. Further this paper pursuits at significantly analysing the motives which culminated into India being one of the limelight for childless couples from different nations. Believing that the hassle lies withinside the ‘business’ a part of the surrogacy, the legislators consider that best permitting altruistic surrogacy will prevent ‘ability exploitation of surrogate moms, or will it? The paper pursuits to query. The critics of business surrogacy questions the exercise on factors, whether or not it’s ladies’ desire and freedom and surrogacy need to be taken into consideration as a carrier or whether or not business surrogacy need to be taken into consideration exploitative because of loss of possibilities and stigma towards a surrogate mom, which the paper pursuits to analyse. The paper then concludes with observations on business surrogacy in India.
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17. MARITAL RAPE AND CONSENT IN MARRIAGE
By - Aditi Sanjay, Law Student, Christ University
•Abstract
In the following paper, the concept of rape, marital rape, sexual violence and laws relating have been explained. The reasons for marital rape have been high lightened. Further on the age of consent, age of consolidating a marriage and the conditions required have been given according to the laws in the Hindu and Muslim marriage acts have been specified. The main objective of this paper is to answer the question whether marriage is a medium of consent for sexual intercourse? The paper proves that women have the right to refuse and marriage does not amount to consent. Since marital rape is not fully criminalised due to factors like society, male dominance and historical cultures it is important to know laws regarding Indian penal code, grounds for divorce in marriage, Hindu laws and fundamental rights have been specified. The significance of financial constraints and education has been proven through the national family health survey. Finally the paper discusses about personal views and concluded why criminalisation of marital rape is important.
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18. Importance of Corporate Social Responsibility in the Energy Sector
By - Jalaj Govil, Law Student, Galgotias University
•Abstract
Energy companies are increasingly stimulated to deal with the growing societal challenges such as the scarcity of resources, climate changes, pollution, employment. The citizens, environmental and government organizations define energy company environmental and social responsibility as the duty. This clearly means that for energy companies CSR is a requirement. A company working in an energy sector should acknowledge the social, environmental and economic repercussions, in all the regions which get affected by its activity. These drivers are market-based or requirement-based and they can be categorized in three groups- economic, social and political drivers. This paper deals with the development and growth of Corporate Social responsibility in the energy sector.
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19. Compulsory Licensing to Generic Drugs: A Lifeline to A Patent
By - Ayush Upmanyu, Law Student, Galgotias University
•Abstract
The world has seen a surge in demand for profitable generic drugs in a decade. In terms of value, India is the 14th largest market in the world. India's share is around 8% by volume and is the fourth largest after the US, Japan and China. India is among the top five bulk drug manufacturers in the world. To society, the commercial exploitation of an invention means new and better products, higher productivity and more efficient production. The (TRIPS) agreement allows for compulsory licensing as part of the agreement's overall attempt to strike a balance between promoting access to existing medicines and promoting research and development of finding new drugs. This paper critically analyses the state of the Indian pharmaceutical industry and the scope of generic drugs in India as well as outside India and the different rights under various health-related laws, it is clear that compulsory licenses play an important role in a patent system. It plays an important role in the exploitation of patent rights by balancing the rights of the parties against each other. A carefully designed renewal of compulsory licenses would increase public interest while maintaining the incentive to develop new inventions. It is important that compulsory licenses are only allowed when really necessary to further the public interest without significantly reducing the incentive to develop new technologies. India has one of the most comprehensive compulsory licensing regimes in the world and it is reassuring to see that what was on paper is finally becoming a reality. It is hoped that this bold move by Natco will prompt other generic drug makers to resort to compulsory licensing, particularly in cases where originator drugs are prohibitively expensive. The arrangement marks a turning point in the history of Indian patent law and in many ways represents a 'middle ground' in the debates surrounding ' drug patents and access to affordable medicines. Patents may now be more palatable to critics if their worst monopoly effects are addressed through tools such as compulsory licensing can be successfully mitigated. As such, compulsory licenses serve as important tools to balance the competing interests of different intellectual property and public health stakeholders. It rewards innovators while ensuring that the innovator does not abuse its monopoly on the market by pricing the drug at a price that is prohibitive for the average consumer. It ensures that Indian generics can copy the latest drugs, enhance their technological capabilities and make a reasonable profit. It gives Indian consumers access to much more affordable versions of medicines and improves health outcomes.
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20. COMPASSIONATE EMPLOYMENT : A BLIND OBLIGATION OR A REASONABLE RESPONSIBILITY
By- Vemuri Phani Pragneya, Law Student, Taminadu National Law University
•Abstract
Compassionate employment, a concept extensively observed primarily across government jobs. While Indian working policies and labour laws majorly revolve around being constitutional and moral high ground, there have been certain discrepancies where deciding as to whether Right to Equality and equal opportunity held in the constitution or a person to be given a special consideration while employment be more prioritized. Compassionate employment is a concept where if a person dies in harness, his family member would be given special consideration during employment which will provide him to have a better chance of getting a job. On a moral stand point, providing better chances of employment for a member of a family who is in grief of lost one, is acceptable, but from a constitutional perspective, when there are other applicants who apply for the job would be getting a lagged start, which directly turns the tables. This research work tres to critically analyze the moral and legal which the concept of compassionate employment attracts, on a bed rock stage set with the legal principles laid down by labour laws of the country. As the title notes, this research works aims at bringing out rationale which would certainly contribute to the better understanding of concept of Compassionate employment and provide a way to address the conflict between fundamental right and the moral right.
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