Journal Title : National Journal for Legal Research and Innovative Ideas
Frequency : Quarterly
Volume : 3
Issue : 4
Period : July - September
1. LGBTQIA+ RIGHTS IN INDIA IN RELATION TO INDIAN MYTHOLOGY
By- Duvada S H Neha Choudhury, Law Student, Damodaram Sanjivayya National Law University, Visakhapatnam
• Abstract
There are many unspoken issues in India. Some are slowly getting normalised to be spoken about and a few issues are still not openly discussed. One of such issues is the LGBTQIA+ community rights. It stands for lesbian, gay, bisexual, transgender, queer (questioning), intersex, asexual and agender etc. Previously used acronym were GLBT, LGBT and LGBTQ+. The people from this community are often treated in an inhumane way and are subjected to violence, rape, discrimination from people, cyberbullying and list goes on. They are denied their basic rights in the society even after the decriminalisation of section 377 of the India penal code in 2018.
To have the access to full paper - CLICK HERE
2. Selvi v. State of Karnataka (Case Comment)
By- Lovika Malhotra & Prishita Vatsayan, Law Students, Chandigarh University
• Abstract
The judgment is regarded as being of the highest significance in the history of Indian justice. A constant battle among humans and technology was on in India in 2010. The advancements in law and humanity have been far exceeded by technology. One such technological development that has grown increasingly popular in India—alarmingly so, perhaps—is narco analysis. It's important to respond to a few fundamental queries that cover the information age. Are the investigating authorities' procedures patently unconstitutional of a person's fundamental rights? Are they beneficial or detrimental to the suspect?
To have the access to full paper - CLICK HERE
3. CONTRACT OF INDEMNITY: ITS SCOPE AND APPLICATION IN INDIA DURING COVID-19
By- Mohak Vilecha, SVKM’s NMIMS School of Law (Kirit P. Mehta School of Law), Mumbai
•Abstract
The goal of the research being conducted on the subject of the contract of indemnity in the context of the COVID-19 pandemic is to gain an understanding of the degree to which this type of legal arrangement can be utilized to help reduce the amount of financial damage that is experienced by companies and individuals. There was a substantial amount of work done in secondary research, and references from a wide variety of publications and research papers were used. Extensive research and review of the material at hand ensured that the results were reliable and precise. Organizations, people, insurance companies, and lawmakers are affected by COVID-19 contract indemnification research. Indemnity contracts during the epidemic can be advised on by the study. Insurance companies can use the data to build new risk-covering policies. Policymakers can use the study to understand indemnity contract law and propose effective use policies.
To have the access to full paper - CLICK HERE
4. CONSONANCE BETWEEN CONSTITUTIONAL AND SOCIAL MORALITIES – A PARADOX?
By- Deepansh Bhati, Law Student, Law Centre 2, FoL, University of Delhi
• Abstract
In the ever-evolving tapestry of global democracy, the intricate interplay between constitutional and social moralities presents a compelling and contemplative paradox. This article ventures into this intricate dance, delving into how the convergence and divergence of these moral realms intricately sculpt the very essence of democratic ethos. Through meticulous analysis of real-world instances and the wisdom of historical luminaries, the article probes the pivotal roles of state, media, judiciary, and civil society in upholding the bedrock of constitutional morality. It navigates the delicate equilibrium between these moral compasses, casting a spotlight on instances where their interplay tests the fortitude of democratic principles. Against a backdrop of intensifying polarization, the article underscores the pressing imperative of nurturing an evolution from passive adherents to proactive citizens. It urges a moment of introspection, encouraging societies to assess their trajectory with conscious responsibility. The transformative journey from observers to guardians emerges as the cornerstone of a world poised for heightened enlightenment and unity. In summation, this discourse encapsulates the very heart of the tussle between constitutional and social moralities within the democratic framework. It ardently champions collective efforts to safeguard democratic values, fostering a society where the pillars of liberty, freedom, and constitutional morality remain steadfast, poised against the backdrop of ever-shifting societal currents.
To have the access to full paper - CLICK HERE
5. PHARMACEUTICAL PATENT VS PUBLIC ACCESS TO HEALTHCARE
By- Aleze M Kodare, Law Student, Rizvi Law College, Mumbai.
• Abstract
Pharmaceutical patents are reserved rights given to drug manufacturers to recover the investment incurred on inventing formulas, experimentation and research. While these Intellectual Property Rights are essential to promote research and development, it comes with its own problems and conflicts. The debate arises whether these rights are a hurdle to public access to healthcare and what’s more important? Earning profits? Or providing the public at large with essential drugs. In a country like India where poverty is on a high rise and people depend on public healthcare services, they are unable to afford patent drugs. Patent holders take advantage of the monopoly provided to them and raise prices to maximize profits as they have no competition in the market, this limits availability of cheap medicines. Patents are issued for a fixed period of time and once the patenting period is over, other generic drug producers are allowed to produce generic versions of that drug at a lower cost but the issue here is that the companies adopt methods which are usually unethical to prolong patenting period and to delay monopoly, hence availability of generic drugs also gets delayed which is a big issue for a poor country like India. This article sheds light on the development of patent laws in the field of pharmacy as well the problems associated with it.
To have the access to full paper - CLICK HERE
6. INCEPTION TO MERGERS: KEY HIGHLIGHTS OF CROSS-BORDER MERGERS
By- Shrishti Mishra & Anant Vijay, L.L.M. Students, O.P. Jindal Global University, Sonipat, Haryana
• Abstract
Mergers and Acquisitions (or M&A) are transactions between two entities that involve the flow of shares, assets, resources, finances, and workforce with the intent to create a distinct or new business entity. While both terms are consistently used interchangeably in common parlance, they have distinct legal meanings. In this article, we will stress the merger part, while first arming ourselves with the basics of mergers, their importance, a brief history of their regulation, and their advantages for businesses. Then we will try to understand the various kinds of mergers that happen in India at the national level. Finally, we will look into cross-border mergers that involve transactions between a domestic and an entity abroad, the interplay of two jurisdictions, and the regulations governing such merger transactions.
To have the access to full paper - CLICK HERE
7. EVALUATING THE EFFECTIVENESS OF CYBER PROTECTION LAWS IN INDIA AND THE UNITED STATES OF AMERICA (USA)
By- Preeti Upreti & Abdullah Samdani, PhD Scholars (Law), School of Law, University of Petroleum and Energy Studies, Dehradun, Uttarakhand, India
• Abstract
"One of the biggest challenges facing the cybersecurity community today is ensuring that we maintain the trust of those who rely on us to protect their data and privacy."
- Brad Smith, President of Microsoft
In recent years, the advancement of technology has been growing at a rapid pace, as have the concerns related to regulating such technologies. On the one hand, we have advocates who speak in favour of data protection and data privacy, but we cannot ignore the evils that come with it, which can be broadly termed as cyber-crimes. It includes a broad range of illicit behaviours, including hacking, phishing, identity theft, cyberbullying, cyberstalking, online fraud, and the dissemination of unlawful material like malware, hate speech, or child pornography. In addition to disrupting, extorting, or blackmailing people, businesses, or governments, cybercriminals use technology to steal, corrupt, or distort digital data. This research paper will make a critical analysis of the prevalent legislation relating to cybercrimes in India and the United States of America (USA). The research will follow a qualitative approach that involves the examination of existing literature on cyber protection laws and landmark judicial pronouncements in both countries. The researchers will try to find the effectiveness and efficiency of these cyber protection laws in both countries and will give suggestions on how to improve them.
To have the access to full paper - CLICK HERE
8. ALTERNATIVE DISPUTE RESOLUTION: A CURE FOR FASHION INDUSTRY DISPUTES.
By- Shalini Garg, Law Student, Chandigarh University
•Abstract
This legal research article explores the significance of alternative dispute resolution (ADR) mechanisms in resolving disputes within the fashion industry. With an emphasis on India's experience, the article examines the advantages, challenges, and effectiveness of ADR methods in addressing conflicts arising in the fashion sector. By referring to relevant cases and exploring the legal framework surrounding ADR, this research provides insights into the role of ADR in promoting efficient and equitable resolution of disputes in the fashion industry.
To have the access to full paper -CLICK HERE
9. FORCED MIGRATION (PROTECTION OF FORCED MIGRANTS)
By- Riya Yadav, Law Student, Presidency University Bengaluru
•Abstract
Forced Migration is a general term applies to the movement of refugees and internally displaced people. This article investigates the protection needs of forcibly displaced population and also makes certain recommendations on how these challenges might be met and how protection can be enhanced. The principle of protecting the human rights has its foundations in international human rights and humanitarian law, norms and standards. However, in the globalized era, the trends and dynamics of rapid urbanization are extremely different from the situation when the 1951 Refugee Convention and later the Protocol of 1967 were adopted. The increasing complexity, unpredictability and indiscriminate patterns of violence and conflict of people who are forcibly displaced by these events, challenge the efficacy of established protective norms and practice. It is these concerns that underpin the rationale for this study and define the context within which it is situated.
To have the access to full paper -CLICK HERE
10. APPLICATION OF GREEN MANAGEMENT IN BUSINESS PROCESSES
By- Jyoti Gupta, Research Scholar, University of Delhi
•Abstract
"Business environment" refers to the totality or collection of all internal and external aspects, including people working in the company, customer demands and expectations, supply and demand, management, clients, suppliers, and owners, as well as government actions, technological innovation, social trends, market trends, and economic developments. Every business is not an island unto itself; it develops, persists, and exists within the constraints of the factors that affect the environment. Environmental challenges are global in scope. Businesses are becoming more aware of their obligation to decrease their enormous carbon footprints as environmental problems continue to get worse on a worldwide scale. This is where the ideas of "green business" and "green management" come into play. This study aims to highlight the characteristics, significance, types, and advantages of green management in the current business environment. Businesses use green management techniques to reduce environmental harm. Businesses that are environmentally conscious gain an advantage over their rivals through environmentally friendly production and technologies. The goal of green management is to lessen the negative effects that company activities have on the environment while increasing productivity and profitability. Green management puts a strong emphasis on sustainability and entails making choices and acting in ways that are good for the environment, the community, and the bottom line. This research, thus, deals with the idea of green innovation and the evaluation of the implementation of green management practices, initiatives, and business visions.
To have the access to full paper - CLICK HERE
11. EVOLUTION OF MEDIATION: A HISTORICAL PERSPECTIVE WITH A FOCUS ON INDIA
By- Nikhilesh Pratap Singh Gour, Law Student, United world School of Law, Karnavati University
•Abstract
In nearly every community, country, and culture, informal dispute-resolution methods have a long-standing history, with many ancient practices sharing procedural similarities with contemporary mediation. However, India's journey through mediation is shrouded in obscurity due to the lack of clear historical records and the impacts of colonization over the past 250 years. This article aims to explore the historical evolution of mediation, shedding light on its ancient roots and its recent recognition in India's legal system.
To have the access to full paper -CLICK HERE
12. Changes need to be made in the Regulatory Mechanism of Digital Markets
By- Nandini Sharma, Law Student
• Abstract
Ex-ante regulations are rules that are implemented ahead of time, or before an activity or event. The Latin origin of the phrase "ex-ante" means "before the event. Ex-ante regulations are proactive actions taken by regulatory authorities, governments, or organisations to establish guidelines for how people, corporations, or industries should behave. Typically, they are predicated on possible dangers, market failures, or the need to safeguard the public interest. Ex-ante regulations are meant to enhance fairness, reduce uncertainty, and offer a foundation for consistent and predictable behaviour. They frequently entail imposing conditions, restrictions, and requirements on a variety of activities. Indian Digital Market lacks such kind of regulations and the present paper analyses the need to bring essential changes in the regulatory mechanism of Digital Makrkets in order to address the existing problems of Gatekeepers and Data Privacy. Although the paper mainly focuses upon the problems faced in Competition in Digital Markets and E-Commerce particularly.
To have the access to full paper - CLICK HERE
13. LEGAL IMPLICATIONS OF ARTIFICIAL INTELLIGENCE IN THE HEALTHCARE INDUSTRY
By- Pragati Dwivedi, Law Student, UPES Dehradun
•Abstract
This topic examines the interplay between law and technology, emphasizing on the problems and issues that arise when applying artificial intelligence (AI) in the healthcare industry. It analyzes the legal frameworks that control the use of AI technology in patient care, medical research, data protection, liability, and ethics. It also examines the possible advantages and risks of AI application in healthcare. The paper explores the regulatory environment, examines existing legislation, and assesses if new regulations are required to solve the particular problems that AI in healthcare presents. It also looks at how lawyers can influence the law and guarantee that AI is used in the healthcare sector in an ethical and responsible manner. The paper further assesses how well existing laws protect sensitive patient information and makes suggestions for prospective legal changes to address growing privacy issues in the context of AI in healthcare.
To have the access to full paper - CLICK HERE
14. CHILDREN'S RIGHTS IN THE DIGITAL ENVIRONMENT
By- TANISHKA SINGH, NMIMS, MUMBAI
•Abstract
As children increasingly engage with digital technologies, protecting their rights in the digital environment has become a critical concern. This abstract explores the topic of children's rights in the digital environment, highlighting the challenges and opportunities that arise in this context. It examines the various rights, such as protection, privacy, education, freedom of expression, access to information, and participation, which extend to the digital realm as outlined in the United Nations Convention on the Rights of the Child. The abstract emphasizes the importance of creating a safe and empowering digital environment for children, where their well-being, mental health, social interactions, and overall development are prioritized. It recognizes the role of parents, caregivers, educators, policymakers, and technology companies in guiding children's digital experiences, promoting digital literacy, and safeguarding their rights. Additionally, the abstract underscores the need for collaborative efforts and innovative solutions to address the potential risks children face in the digital landscape, such as exposure to inappropriate content, cyberbullying, online harassment, exploitation, and privacy violations. By respecting, protecting, and promoting children's rights in the digital environment, we can ensure their holistic development and enable them to harness the benefits of technology in a responsible and safe manner.
To have the access to full paper- CLICK HERE
15. Cyber Security and Fraud Prevention in E-commerce: Legal Issues and Solutions in India
By- Abhishek Gujral
•Abstract
The rise of e-commerce and digital transactions has transformed the way we engage in commercial activities. While these advancements offer immense opportunities, they also present complex legal challenges. By addressing and understanding these challenges, we can foster an environment that encourages trust, innovation, and secure digital transactions, paving the way for a thriving digital economy.
To have the access to full article - CLICK HERE
.jpeg)
