Volume 4 | Issue 3

Journal Title : National Journal for Legal Research and Innovative Ideas

Frequency : Quarterly

Volume : 4

Issue : 3

Period : April - June

1. EMPOWERMENT OF WOMEN FOR SEXUAL HARASSMENT IN WORKPLACE

By- Dr. Jyoti Yadav (Assistant Professor of Law) & Shrish Kumar Singh, LL.M. Scholar, Amity Law School, Amity University Lucknow Campus.

•Abstract

This research paper investigates the concept of empowerment as a multifaceted approach to combat sexual harassment in organizational settings. Through a comprehensive analysis of existing literature, legal frameworks, and case studies, this paper elucidates the intricate dynamics of power, gender, and workplace culture contributing to sexual harassment incidents. Key themes explored include the psychological impacts of harassment, barriers to reporting, and the role of organizational policies and leadership in fostering a safe and inclusive work environment. Furthermore, the paper delves into various empowerment strategies tailored to empower women, such as education and awareness programs, support networks, mentorship initiatives, and advocacy for policy reforms.

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2. THE NEW EDUCATION POLICY 2020 & ITS IMPACT ON RIGHT TO EDUCATION : A STUDY

1.Kaushiki Kanojiya, Student, LL.M. (Constitutional Law) & Dr. Jay Prakash Yadav, Professor, Amity Law School, Amity University, Lucknow Campus

•Abstract 

The New Schooling Strategy (NEP) 2020 imprints a critical change in India's way to deal with training, meaning to patch up the whole framework from youth to advanced education. This study digs into the effect of the NEP 2020 on the right to training, inspecting its suggestions, difficulties, and possible advantages.

The NEP 2020 presents a few key changes, including another construction for school instruction, accentuation on comprehensive turn of events, incorporation of innovation, adaptable educational plans, and spotlight on professional preparation. These changes can possibly improve the nature of schooling, advance inclusivity, and overcome any barrier among rustic and metropolitan training principles. Notwithstanding, the execution of such aggressive changes acts difficulties such like foundation advancement, educator preparing, educational program variation, and evenhanded admittance to training. Furthermore, the NEP 2020 raises worries about privatization, normalization versus independence, and the job of appraisals in assessing understudy learning. This study utilizes a blended techniques approach, joining subjective examination of strategy reports, interviews with partners, and quantitative information on instructive results. The discoveries expect to give bits of knowledge into the commonsense ramifications of the NEP 2020 on the right to schooling, featuring areas of achievement and regions that require further consideration. The review finishes up with suggestions for strategy refinement, asset distribution techniques, educator limit building, local area commitment, and observing systems to guarantee that the NEP 2020 really maintains the right to training for all students in India.

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3. ONLINE BUSINESS AND RIGHT TO REPAIR    

By- Kratika Kushwah & Mohita Mullick, UG Law Student, Amity Law School, Lucknow

•Abstract

The freedom of consumers to repair the products they own is becoming more important as electronics are being integrated into more commonplace items. Products that are irreparable, particularly "smart" products, are a factor in resource depletion and climate change. New laws pressure manufacturers to respect consumers' right to repair their electronics. Since we started incorporating electronics into everything, including our cars and clothing, our capacity to maintain them has gradually decreased. Products are now more expensive and difficult to fix due to planned obsolescence, software locks, and limited access to manuals and parts; this frequently forces customers to use specialized repair services that raise the repair’s cost, duration, and likelihood. Repairs are occasionally simply not feasible. With the help of organizations that support the repair industry, businesses that offer innovative modular designs, and developing community networks for repairers, including iFixit and physical repair cafes around the globe, the repair movement has gained traction in recent years. These organizations work to improve consumers' ability to fix the things they own. A new set of legislation is forcing businesses to improve the reparability of their products before exporting them from the EU to the US. Consumers and small-scale repair shops also require access to knowledge, product schematics, and tools to repair products securely, in addition to the design of the products themselves. The information made available to consumers under this legislation is accessible worldwide, improving repairability for consumers outside the scope of the legislation as new repairability legislation emerges in some regions. In sectors like agriculture and construction, where the inability to repair equipment results in higher costs and downtime, the problem of repairability extends beyond just household consumer electronics. The piece will give an overview and consider how implementing a right to repair should extend beyond consumer rights. 

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4. RECENT TRENDS & CHALLENGES BEFORE RIGHT TO PROTEST UNDER CONSTITUTION OF INDIA

By- Aditi Bhatt, LL.M Scholar & Dr. Axita Shivastava, Assistant Professor of Law, Amity Law School, Amity University Lucknow Campus                       

•Abstract

This research paper  "Right to Protest” Extensive Analysis of the right provided by the supreme law of land. The studies aim to examine the historical development and Constitutional foundation of the Protection of Right to Protest. The research employs a mixed methodology including a literature review, case analyses, critical concepts to extensively explore these interconnected gestures. Through this investigation, the research aims to provide insights into the implications of Constitution and their actions on the democratic principles of a diverse nation India. The studies finding are expected to contribute to a intense understanding of the Article- 19 (a & b) of the Indian Constitution which collectively provides the foundation of the “Right to Protest” thus, this research work offering valuable understanding for policymakers, legal practitioners, and scholars in the field.

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5. PRIVACY AND DATA PROTECTION IN CYBERSPACE- A CRITICAL ANALYSYS OF DATA PROTECTION LAWS IN INDIA

By- Rohit Kumar Singh, LLM & Dr. Rajeev Kumar Singh (Assistant Professor of Law), Amity Law School, Amity University, Lucknow

•Abstract 

This paper offers a thorough assessment of India's data protection legislation in the digital era. It critically analyzes the effectiveness of current legal frameworks in safeguarding privacy rights and tackling emerging challenges posed by rapid technological advancements. Commencing with a delineation of research scope and objectives, the study delves into the historical evolution of privacy rights and data protection laws in India. Utilizing international legal documents, judicial precedents, and academic discourse, it elucidates the evolving legal landscape surrounding data protection in the country.

A critical evaluation of the draft Data Protection Act of 2023 forms a central focus, highlighting shortcomings such as excessive government intervention and iadequate protection of individual privacy rights. The paper concludes by synthesizing key findings and offering recommendations to enhance India's data protection regime, emphasizing the need to balance privacy concerns with technological innovation and economic advancement. In summary, this paper contributes to the ongoing discourse on privacy and data protection in cyberspace, shedding light on the complexities and challenges of regulating data practices in the digital age. By fostering a deeper understanding of the legal, ethical, and societal dimensions of data protection, it aims to inform policy discussions and support the development of more robust regulatory frameworks in India and beyond.

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6. ADHERENCE OF GENDER EQUALITY IN THE INDIAN CONSTITUTION : A STUDY

By- SHRUTKRITI YADAV, LLM Student & Dr.Rajeev Kumar Singh ( Assistant Professor of Law), Amity Law School, Lucknow 

•ABSTRACT

This study delves into the intricate fabric of the Indian Constitution, specifically focusing on its adherence to gender equality principles. The Indian Constitution, a cornerstone of the nation's legal framework, enshrines fundamental rights and directives aimed at ensuring equality and justice for all citizens. However, the practical realization of gender equality ideals within the legal and societal realms presents a complex landscape marked by challenges and progress. The research methodology encompasses a comprehensive analysis of constitutional provisions, judicial interpretations, legislative interventions, and societal perceptions regarding gender equality. Through a meticulous review of relevant literature, case studies, and statistical data, this study aims to evaluate the extent to which the Indian Constitution upholds and promotes gender equality.

Key areas of exploration include the evolution of gender equality jurisprudence, landmark judicial decisions, legislative initiatives such as the Protection of Women from Domestic Violence Act, 2005, and the impact of societal attitudes and cultural norms on gender equality outcomes. The study also considers comparative perspectives from international human rights frameworks and best practices to enrich the analysis. The findings of this study contribute valuable insights into the strengths, weaknesses, opportunities, and threats concerning gender equality adherence within the Indian constitutional framework. Recommendations for policy enhancements, legal reforms, and societal interventions are delineated to foster a more inclusive and equitable society aligned with constitutional principles and global standards of gender justice.

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7. COPYRIGHT PIRACY: AFFECT ON INDIAN ECONOMY

By- Damini Dubey , LLM Candidate & Dr. Shova Devi, Assistant Professor of Law, Amity University, Lucknow

•Abstract

Since time immemorial and since the word and need came into existence there has never been a decline in the percentage of copyright piracy. Therefore intellectual property rights have been made to conquer such situations and law has actively participated in such crimes by introducing laws and hence increasing knowledge amongst the people within and outside territorial boundary. The highest number recorded of copyright and piracy is in subsector of computer i.e, 44% and lowest is in cinematography works i.e, 5 % in 1996-97. Basically these laws have been created for the sole purpose of those citizens who are solely responsible for making copies of their individual works or alternatively limits the rights of other than the person to make copies of that work .Such crimes have greatly affected the economy of the country. The paper involves deductive conclusions that affected party i.e the right holder’s for most responsible for protecting the infringement of their rights and carrying on their individual thoughts without the interference of any other party. And thus imparting knowledge to every individual for personal and professional uses and works they carry out of their rights and duties involved in this subject. Thus this paper is an attempt to highlight the issues relating to copyright piracy occurring in society and giving out solutions to the same for decrease in number of crimes happening in the same.

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8. EXPLORING THE NIYAMGIRI HILLS CASE AS INDIA’S FIRST ENVIRONMENTAL REFERENDUM - A ILLUSTRATION FOR SHIFT FROM ANTHROPOCENTRISM TO ECOCENTRISM IN ENVIRONMENTAL JUSTICE 

By- Shivani Srinivaasan, Law Student, School of Law, Christ Deemed to be University, Banglore

•Abstract 

The Niyamgiri Hills case, also known as the Vedanta (Niyamgiri) Case, is a pivotal ruling in India's environmental legal history, marking a transition from a human-centered to an eco-centered perspective. The case centers on the struggle of the Dongria Khond tribe to prevent industrial exploitation of their sacred hills. The Supreme Court, through a series of legal battles and a groundbreaking environmental referendum, validated the tribe's profound spiritual ties to their land and acknowledged the ecosystem's inherent worth beyond its utilitarian value to humans. This landmark decision is comparable to international legal precedents and highlights the critical role of indigenous rights and environmental preservation in a global context. The ruling sets a precedent for advocating a more sustainable and equitable approach to environmental justice in India.

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9. Rethinking Legal Insanity: Challenging the M’Naughten Rule in the Interpretation of Section 84 IPC

By- Utsa Gothi, School of Law, Christ (Deemed to be) University, Bengaluru.

•Abstract

The legal concept of insanity, crucial in determining criminal responsibility, is deeply intertwined with philosophical inquiries into human nature and morality. Section 84 of the Indian Penal Code (IPC) provides a defense for individuals lacking the mental capacity to comprehend the nature and consequences of their actions. However, the traditional approach to legal insanity, embodied in the M’Naughten rules, is increasingly questioned due to its rigidity and limited focus on cognitive impairment, which fails to address modern psychiatric understanding. This study advocates for a reevaluation of legal insanity within Indian jurisprudence, employing a methodology that involves comprehensive analysis of case laws, legal scholarship, and interdisciplinary insights from psychology and psychiatry. The proposed approach encompasses legislative reforms, interdisciplinary collaboration, specialized training programs for legal professionals, the establishment of specialized mental health courts, and the development of standardized assessment tools. These recommendations aim to ensure fair treatment for individuals with mental illnesses in the criminal justice system, aligning with international standards and promoting a more just society. By challenging the outdated M’Naughten rules and advocating for a modernized framework grounded in contemporary psychiatric knowledge, this research contributes to ongoing efforts to enhance the fairness and effectiveness of the legal system in addressing mental health issues within the context of criminal responsibility.

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10.Unmasking Misleading Advertisements: A Legal Analysis In India

By- Tanvi Mishra, UG Law Student, Army Institute of Law, Mohali

• Abstract 

“Truth is the most powerful element in advertising. Lies will backfire and damage your brand.”

-John Wanamaker

As rightly put forth by the Competition Commission of India, “A misleading advertisement is an unfair trade practice that harms consumers and competition.” Misleading advertisements are advertisements that contain false or misleading information about a product or service that is being offered. They can take many forms, such as exaggerated claims, fake reviews, deceptive pricing, or hidden fees. Section 2(28) of the Consumer Protection Act, 2019 defines "misleading advertisement" as an advertisement that falsely describes the product or service advertised in a manner that is likely to mislead the consumer as to the nature, quality, quantity, characteristics, suitability, or performance of the product or service.

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11.CORPORATE GOVERNANCE PRACTICES IN EMERGING MARKETS: A GLOBALIZATION PERSPECTIVE

By- Abhishek Awasthi, LLM Candidate, Jindal Global Law School

•Abstract 

The governance of corporations has emerged as a crucial aspect of economic development, with far-reaching implications for both the corporate sector and the broader global economy. The dynamics of corporate governance have garnered significant attention in recent decades, especially concerning their impact on the business environment, investor confidence, and economic stability. This paper delves into the multifaceted realm of corporate governance practices in emerging markets, guided by a legal and regulatory perspective. These markets are spread across Asia, Africa, Eastern Europe and Latin America. Legal and regulatory framework in emerging markets differ in their nature and development. This article Gives insights into these emerging markets which also gives us a dynamic viewpoint of global economy. A number of emerging and developing market economies are large economies of the world at present .In doing so, the paper sheds light on the challenges, progress, and implications of corporate governance, particularly within the context of globalization. It also takes a view on the practices of corporate governance in emerging markets globally.

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12. EVALUATING THE ROLE OF PATENT IN THE INDIAN ELECTRIC VEHICLES INDUSTRY

By- Shabi Sonar, UG Law Student, NATIONAL LAW UNIVERSITY AND JUDICIAL ACADEMY, ASSAM

•Abstract 

This study examines the dynamics of patents in the Indian electric vehicle (EV) market, with a particular emphasis on key patents, patterns of patent ownership, and innovation trends. In addition, it looks at patent infringement cases, evaluating the court cases, their results, and their ramifications. To put the issue in perspective and assess the innovation and patenting skills of Indian enterprises, it is useful to compare the Indian EV sector with the worldwide market. Along with identifying obstacles and chances for cooperation or dispute settlement, the research looks at the possibility of cross-border patent infringement cases. In order to protect innovations and get a competitive advantage, the research also looks at the role that major competitors in the Indian EV market play in their usage of intellectual property (IP) tactics. The research also looks at how industry norms play a part in patent disputes and assesses the effects of following or deviating from them on court cases. The study also examines the degree to which government laws and policies strike a balance between innovation and the preservation of intellectual property rights. The paper also addresses how technical advancements have affected the dynamics of patents, highlighting the difficulties in upholding patents in quickly changing technological environments. Additionally, it addresses how patents can support or impede innovation in the Indian EV industry. The study ends with an analysis of alternative conflict resolution procedures, contrasting arbitration or mediation with conventional litigation and offering suggestions for improving these procedures.

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13.COMPARATIVE ANALYSIS OF CORPORATE SOCIAL RESPONSIBILITY BETWEEN INDIA AND UNITED KINGDOM.  

By - Kashish Goyal, LLM Candidate , OP Jindal Global Law University                         

•Abstract

Corporate Social Responsibility (CSR) is an essential instrument for companies to navigate their operations. Both public and private companies have shown a greater focus on social and environmental issues in their strategy planning. Corporate Social Responsibility (CSR) has become a crucial instrument of public policy and holds a significant position inside the Indian corporate framework, with authoritative policies. Corporate Social Responsibility (CSR) has effectively managed the interplay between its societal impact and financial resources. The concept of social responsibility can be characterized as the obligation to enhance the overall well-being of the community. Due to the prevailing capitalist structure in the majority of global countries, corporate social responsibility (CSR) has emerged as a crucial factor in promoting the sustainability of life, business, and the environment. India and the United Kingdom have both explored the concept of Corporate Social Responsibility (CSR), although they have adopted distinct approaches in this area. The objective of this research paper is to gain a comprehensive understanding of corporate social responsibility (CSR) in India and the United Kingdom (UK), as well as the strategies employed by organizations in both countries. Through a comparative study approach, we aim to identify the key factors that are likely to have an impact on organizational decisions regarding socially responsiveness.

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14. CRITICAL ANALYSIS OF THE VALIDITY OF GROUP OF COMPANIES DOCTRINE THROUGH THE LENS OF COX AND KINGS V. SAP INDIA PVT. LTD AND ANR

By- Jayashre E, UG Student at Christ(Deemed to be University)

•Abstract

The principle of privity of contract states that a third party, not initially part of the contract, cannot receive the benefits or assume the liabilities arising from that contract.. In this context, it can also be said that the non-signatories. Another corporate law doctrine, which is known as the doctrine of alter ego, states that if the manager, directors, shareholders or any other person does an act for a wrongful gain for their interest, then the court may then pierce the corporate veil to hold the individual personally liable. In the case Cox and Kings v. SAP India Pvt. Ltd and Anr, the Supreme Court is determining the validity of the Group of Companies doctrine, which would bind a non-signatory to an arbitration agreement and not hamper the legal entities of the company, which is thereby going against the previously mentioned doctrines. Chloro Controls India Pvt Ltd v. Severn Trent Water Purification Inc., which held the group of companies doctrine invalid which was overturned in this case. In this case, the judges analyse the doctrine and whether it can be inculcated within the Arbitration and Conciliation Act 1996. The judgment also analysed the importance of consent and mutual intention for the doctrine to be applied and its validity across the world. The bench, also by analysing the jurisprudence behind an arbitration agreement, proves the validity of the doctrine. This paper further analyses the doctrine through the case and its implications and the effect of the judgment.

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15. HOW TO PRESERVE THE UNIQUENESS OF THE TRADEMARK

By- Shailja Trivedi, UG Law Student, Amity University, Chhattisgarh

•Abstract 

Intellectual Property is a broad set of rights that are legally protected from the third party or parties the ones who imitate the original company and monetize from it. It works as an umbrella to protect well-known companies or brands from the infringement of their Trademarks, copyrights and patents. There is no law present which allows unfair competition for which an individual or company cannot assert any right. The acknowledgement of equity rests upon the unfairness by third parties. According to Frank Schechter, the value of the Trademark lay in “its selling power”. The Trademark can be recognized as a symbol, word, expression or combination of all these which specify the products and services provided by the original party (well-known company). The doctrine of Trademark dilution tries to assure that mark gives its proper purpose of inspiring market exchange and modulate consumer exploration costs. But the Trademark dilution can occur even in the absence of participating goods. it is even though more critical that the universe of actions can give rise to dilution. This paper advised the readers on how they can assert remedies for infringement of the Trademark. It is available under section 29(4), section 29(8) And to avail it is always advisable to research before applying for registering a trademark to avoid the risk.

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