Journal Title : National Journal for Legal Research and Innovative Ideas
Frequency : Quarterly
Volume : 4
Issue : 1
Period : October - December
1. UPHOLDING DIVERSITY: NAVIGATING CHALLENGES FACED BY RELIGIOUS MINORITIES IN INDIA
By- Tanvi Mishra, Law Student, Army Institute of Law
•Abstract
This analysis explores the challenges encountered by religious minorities in India, encompassing discrimination, social and cultural factors, and legal safeguards. Emphasizing instances of discriminatory practices against Muslims, Christians, and Sikhs, the paper delves into the socio-cultural dynamics impacting minority communities, as revealed in a report by the Council of Minority Rights in India. The challenges are contextualized within India's constitutional and legal safeguards, emphasizing the necessity for policy reforms. Recommendations include establishing a dedicated committee for continuous assessment, increasing support for minority education, and enhancing representation in legislative bodies. The paper concludes by underscoring the importance of fostering interfaith understanding and multicultural education to promote a more inclusive and harmonious society in India.
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2. EXCLUSIONS APPLICABLE TO WHOLE WORDING OF INSURANCE CONTRACT
By - Sneha Gupta & Shekhar Shukla, NMIMS, School of Law, Indore
•Abstract
Exclusions are an important part of insurance contracts, as they limit the scope of coverage and protect insurance companies from losses that they are not contractually obligated to cover. Exclusions can apply to specific types of losses, such as losses resulting from war or nuclear accidents, or they can apply to the entire wording of the insurance contract. When exclusion applies to the whole wording of a contract, it means that the insurance company will not provide coverage for any loss or claim that is not explicitly covered in the policy. Exclusions applicable to the whole wording of an insurance contract are typically included in the "General Exclusions" section of the policy. This section will list a range of losses or claims that are not covered under the policy, such as losses resulting from intentional acts, criminal activity, or acts of terrorism. It may also include language stating that the policy will not provide coverage for any loss or claim that is not explicitly covered in the policy. This academic piece of paper intends to analyze the exclusions in the insurance contract, impact of exclusion clause and protection provided by the honorable Supreme Court in the recent ruling by providing the clarity on exclusion clause. This paper is divided into two section, first section consists of introductory part and research objectives and questions, second section consist of exclusion clause, rule of contra proferentem and case analysis, comparison of India and USA followed by conclusion.
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3. A Paradigm Shift in Indian Corporate Culture: Unveiling the Merger of HDFC-HDFC BANK
By - Aditya Narayan Sinha & Palak Gupta, Symbiosis Law School, Pune
• Abstract
Incorporated in 1994 by the Housing Development Corporation Limited (HDFC), HDFC Bank has been a prominent player in the Indian banking and financial services sector. HDFC Bank has cemented its position as a prominent and substantial entity within the intricate tapestry of the Indian banking and financial services sector. Commanding an extensive network comprising no less than 6342 branches strategically dispersed across diverse urban centers and locales, HDFC Bank proudly assumes the prestigious rank of the fifteenth largest employer within the sovereign territory of India. It is paramount to underscore that, through the inexorable passage of time, HDFC Bank has undertaken a series of strategic initiatives aimed at diversifying and fortifying its multifaceted service delivery mechanisms. These initiatives have culminated in the establishment and operation of pivotal platforms such as Netbanking, Phonebanking, and MobileBanking, each of which has, in its own right, garnered considerable acclaim and recognition. Notably, the year 2019 witnessed HDFC Bank's ascendancy to the summit of excellence as it was bestowed with the coveted title of “India's Best Bank” in the distinguished Euromoney Awards for Excellence, 2019 edition.
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4. Direct Tax Avoidance and Evasion: A Major Obstacle to India's Economic Growth
By- Shivam Gupta, Christ Deemed to be University, Pune Lavasa Campus
•Abstract
The current study presents a framework for understanding the consequences of tax evasion and avoidance in India. The purpose of this study is to investigate the impact of direct tax avoidance and evasion in India, the motivations for such avoidance and evasion, and the issues produced by such avoidance and evasion. Tax evasion is the deliberate attempt of a taxpayer not to pay tax, whereas avoidance is the endeavour of a taxpayer to lower his tax liability in order to pay as little tax as possible. This move has an impact on revenue generation in India, causing the tax's intended goals to be missed. Despite all of the government's attempts to combat the problem of tax evasion and avoidance, there is still a slowing in the economy's growth. So, this study is concerned with overcoming those challenges and finding an appropriate solution.
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5. AN INSIGHT ON SECTION 124 (A) OF IPC
By- Aleze M. Kodare, Sakina M. Merchant
•Abstract
In recent times the constitutionality of Section 124A of IPC is a much debated topic with many pending cases in the Supreme Court. It is a highly misused law by the state and central government authorities and due to this reason it shall be scrapped. To allow this law to hang like the brand of Damocles over the heads of the Indian people is to give the kiss of death to political speech, and in turn to Indian republic itself. A few cases have been discussed where the constitutional validity of sedition law was questioned along with its development. The main reason for its unconstitutionality is that it violates a person’s freedom of speech and expression as guaranteed under Article 19 (1) (a) of the Constitution of India which is a fundamental right. The main use of this Section of IPC is to silence and suppress public opinion and dissent against the government which is considered a threat to the democratic nature of the country and accountability of the government. The sedition law dates back to colonial time and was commonly used by the British to suppress the freedom struggle against our freedom fighters and hence in today’s free modern democratic India it holds no relevance and it goes against the very essence of a free democracy, where critical statements against the government are not welcomed and in fact are termed as seditious. Hence, in many instances there have been made efforts to get rid of sedition law but it has never seen the light of day. This article not only deals with the constitutionality but also the opinions around this law as well as it points out instances of its misuse.
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6. CONSUMER RIGHTS IN DIGITAL ERA
By- Eesha Kapur , UG Student, Faculty of Law, University of Delhi
•Abstract
The emerging technological innovations have affected many aspects of law including Consumer Rights.E-Commerce can be defined as buying and selling of goods or services online such as the Internet and other computer networks.it is becoming increasingly relevant and indispensable for both consumers and businessmen offering great opportunities such as finding of suitable goods and services easily , in a convenient and cost free manner .In the same way offering great opportunities for businessmen such as accessing consumers online.On one hand e-commerce has number of advantages in the form of lower cost, economy, higher margins to company, better customer cost, quick and comparative shopping, knowledge market etc, but on the other hand it has introduced some challenges too in the form of information sharing, threats to data privacy, security and data integrity, lack of loyalty in consumers relations, and threat to the violation of consumers’ variety of rights in e-commerce.This paper provides an overview of current trends in digital economy and their implications for consumer protection and policies. It highlights the major issues in consumer protection,related to legal and policy frameworks since The need for consumer protection is felt higher with the increase in e- commerce.
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7.SEXUAL AUTONOMY
By-Priyal Bansal, UG Student, Dr. Ram Manohar Lohiya National Law University, Lucknow
•Abstract
The work is in respect to the paradigm shift, from considering sexuality as bawdy and salacious to spreading awareness and consciousness about the same. The article analyses the transformation regarding sexual autonomy and law. Standing amid a dynamic world, the early law and order on sexuality seem outdated. Recent debates covering sexualities and law predominantly focus on sexual autonomy and its status. The following study explains the concept of sexual autonomy, its importance, misconceptions, and societal norms. Sexual autonomy is a fundamental aspect of human rights and personal freedom regarding the right to make informed choices about one’s desires, body, and intimate relationships. The study further deals with prostitution and its social aspects, history, and types. Legislations and some landmark judgments are discussed to give a picture of development and embracing change in the legal arena. The social reality remains grim but does not seem to stay static shortly.
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8. Violation of the Right Against Self-Incrimination in light of the Criminal Procedure (Identification) Act 2022
By- Shivakami.V
•Abstract
The paper delves into the violations caused by the implementation of the Criminal Procedure Identification Act, 2022 about the right against self-incrimination within India's criminal justice mechanism. It seeks to assess the Crime Control Model and the Due Process Model, emphasizing the landmark case of Selvi v State of Karnataka, which highlighted the shift to the Due process model for the preservation of personal liberty and the prevention of testimonial compulsions, especially concerning advanced techniques like narcoanalysis, polygraph tests, and brain mapping. However, the recent enactment of the Criminal Procedure Identification Act, 2022 introduces provisions which are vague and open to potential misuse by authorities. The Act has disregarded the Court’s extended protection in the realm of the right against self-incrimination enshrined under Article 20(3) of the Indian Constitution. The appropriate measure to be undertaken is to strike a balance and ensure conformity between the protection of individual rights and investigative methods.
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9. A COMPARATIVE PICTURE OF THE COMPLIANCE OF STATUTES AND COMPLIANCE OF COURT JUDGEMNTS IN INDIAN CONTEXT
By- Vasantharao Satya Venkata Rao
•Abstract
A democratic country’s governance system is based on rule of law. Rule of Law in its fold encompasses statutory law, subordinate law, precedents set by courts and other allied aspects. The citizens of our country aspire to fulfil their goals and ambitions in accordance with the legal system that has been established as per our Indian Constitution, The Constitution of India itself makes Rule of law as a pivot through which all activities revolve around. The paper delves into the compliance mechanism of statutes. A few of the statutory mechanisms are analysed in this context. Two fiscal enactments namely Income Tax Act 1961 and Goods and Services Act 2015 and two social security Legislations namely the Employees Provident Fund and Miscellaneous Provisions Act 1952 and the Payment of Gratuity Act 1971 have been analysed in this regard. The Compliance of Court judgements is extremely critical to the establishment of Rule of Law. In order to analyse the impact of court judgements and its implementation, a study of Our country's judicial process is made having regard to the jurisdiction of the Supreme court and high courts, their powers, and functions particularly in the context of securing compliance of the orders passed by them.
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10. CONSTITUTIONALITY OF RECENT WOMEN RESERVATION BILL, 2023 AND COMPARATIVE ANALYSIS OF LEGISLATIONS IN OTHER IDEOLOGICAL NATIONS
By- Lovika Malhotra, Chandigarh University
This research Paper analyses the constitutionality of the Women’s Reservation Bill, 2023 which was passed by the Indian Parliament by the NDA Government along with that we will closely analyse how various nations in the world have different state ideology keeping their stance on this revolutionary/bad-in-law bill. Nevertheless, we will closely analyze the constitutional aspect in India regarding this bill and the previous attempts which have been made in past legislative actions to make this idea legalised. Earlier, the UPA government led by Congress made an attempt to enact the Women’s Reservation Bill. Will also try to analyse the legislation from a global aspect by taking up the example of our few neighbouring countries such as Pakistan Bangladesh and Nepal where similar legislation has been Codified into the act for a long time.
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11.Globalization of fintech in India
By - Kashish Goyal, LLM Candidate , OP Jindal Global Law University
•Abstract
This research paper examines India's dynamic fintech sector, following its history and the influence of globalization. After an introduction, we will look at the notion of globalization and its significance in India's fintech system. The article highlights India's rapid adaption to the fintech age, which has resulted in a paradigm change in financial tastes and behaviours as a result of everywhere access to technology. During the COVID-19 pandemic, a turning point occurred when fintech emerged as a flexible answer to huge challenges. This time boosted digital adoption, emphasizing the agility and significance of fintech. This article focuses on how fintech has emerged as a crucial bridge, ending the credit gap that has long delayed financial inclusion in India. Finally, the paper discusses the huge potential that globalization has brought to India's fintech sector.
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12. Telecommunications' Constitutional Aspects in India
By- Prishita Vatsayan, Law Student, Chandigarh University
•Abstract
The article "Demystifying the Draft Indian Telecommunication Bill, 2022" goes into the proposed legal reforms in the Indian telecoms sector, with the goal of restructuring and regulating the sector. With a focus on including Over-the-Top (OTT) services in the telecommunication services definition, the draft bill addresses spectrum assignment, trading, and potential cybersecurity compromises. The intersection of telecommunications with freedom of speech and expression is explored, emphasizing the need for legal frameworks and court orders for content removal. Privacy concerns related to telecommunications tapping are discussed in light of the fundamental right recognized in the K.S. Puttaswamy case. The article evaluates the existing legal framework, highlighting setbacks and advocating for an improved regulatory landscape that balances state interests with individual autonomy in the evolving landscape of Indian telecommunications.
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13. The Dilemma of Retrospectivity : Case Comment on G. J. Raja v. Tejraj Surana
By- Adityaa Agarwal, Law Student, Jindal Global Law School.
•Abstract
Credit transactions have been pivotal in transforming and evolving the business culture. However, Indian Courts lately have been suffocated under the pressure of check-bounce cases. In order to curb this alarming pendency of cases, the Parliament enacted the Negotiable Instruments (Amendment) Act, 2018 to empower the courts to provide an interim compensation of up to twenty percent to the drawee. Such Amendment inserted Section 143A and Section 148 to the Act. While Section 148 was held to be retrospective in operation, Section 143A was held to be strictly prospective in nature. This case comment will provide an objective critique to the latter judgement which has been reported as G.J. Raja v. Tejraj Surana (AIR 2019 SC 3817).
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14. JUDICIAL ATTITUDE TOWARDS WOMEN'S RIGHTS IN COLONIAL INDIA: AN ANALYSIS OF THE LEGAL DISCOURSE FROM THE 19TH TO EARLY 20TH CENTURY
By-Harsh Singh (Law Student) & Dr. Reshma Umair (Assistant Professor), Amity Law School, Lucknow.
•Abstract
This study analyses the judicial attitude towards women's rights in Colonial India from the 19th to the early 20th century. The Indian legal system during the colonial era was characterized by a patriarchal attitude that was reflected in the limited legal rights granted to women. This study aims to explore the historical trajectory of the development of the law pertaining to women's rights in colonial India. The research begins with an overview of the social and legal conditions that prevailed in Colonial India with respect to women's rights. Next, it examines the diverse opinions of judges, attorneys, and legal theorists on the topic of women's legal position in the Indian setting in a systematic examination.
One key finding of this research is that while the colonial legal system did not grant women equal rights to men, there were nevertheless significant efforts made to expand the legal rights of women during this period. These efforts were driven by a combination of factors, including the rise of women's movements, the impact of colonial legal reforms, and the intervention of progressive judges and lawyers. The research also identifies several challenges that persisted in the colonial era with respect to women's rights, including limited access to justice, patriarchal attitudes, and a lack of institutional capacity to enforce legal protections for women. To address these challenges, the study recommends a number of legal and policy reforms, including expanding access to legal education and reforming the legal system to be more inclusive of women's perspectives. Overall, this research presents a historical account of the essential role that judicial actors had in shaping the legal discourse surrounding women's rights in Colonial India. This research contributes to the “ongoing discourse on women's rights and their legal protection in India.
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