Journal Title : National Journal for Legal Research and Innovative Ideas
Frequency : Quarterly
Volume : 1
Issue : 1
Period : October - December 2020
The human rights are one of the fundamental right and an essential of a person who has the right to live a life of dignity of his own choosing regardless of their religion, race or caste, sex, place of birth, origin, nationality or sexual orientation of an individual. The major concern of the research revolves around the condition of individuals who are trapped in the web of human trafficking which leads to various illegal activities such as prostitution, slavery, organ trafficking. This research focuses on the topic of trafficking, prostitution and slavery and also how India has become a major hub for such activities. An attempt is made to understand the reason behind such inhumane act and this research puts forth, in brief, the entanglement of the three main black spots of mankind i.e. human trafficking, prostitution, slavery. Various laws are also discussed with regards to the same.
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2. Reformative Theory : An Inconsistent Existence In Indian Penology.
By - Divyanshu Sharma & Labdhi Golechha.
• Abstract -
Punishment is a tool used by societies to curb the level of crime to the maximum possible extent. To justify the imposition of punishment by States, theorists have propounded several theories like retributive, deterrent, preventive and reformative theory of punishment. This paper mainly deals with the reformative theory of punishment, its introduction and evolution in the Indian Penology and its implementation by the judiciary in today’s scenario. Reformative theory believes that a crime is an outcome of a disease, which needs treatment rather than annihilation of criminals. This idea was established in Indian Penology through a series of judicial pronouncements and legislative initiatives. While this theory was successfully established during the 1970s and 80s, its application today seems erratic. Sometimes the call for justice, societal pressure and the need to create deterrence supersedes the obligation of the judges to consider reformative aspects, at the time of sentencing. This paper critically analyse the inconsistent application of the reformative approach and draws the attention of the reader towards this mismatch.
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3. Research Problem In Social Science Study.
By - Poulomi Chatterjee & Naman Jain.
• Abstract-
A research paper explores the issues relating to a particular school of thought, which is of interest to the author's targeted audience. It generally includes the discussion of a research problem that is common throughout the study. It is defined as a definite statement of an area of concern that is usually thought to be acted upon as required. Therefore, influencing and persuasive research papers of today's era may be the foundation on which the future policies may be formulated in order to ensure the public's welfare at large.However, a research problem does not state the instructions of how to go about these issues in question, but merely offers a perspective or an opinion of the author to the readers and poses a question of value to their analytical view. This creates a reasonable doubt in the minds of the readers, leading to the formulation of better policies for the future welfare of the public.Social sciences cover a variety of essential subjects related to human behavior. Knowledge in social sciences is relevant to human activities on a daily basis, both at the micro and macro levels, although not as accurate as of that of natural sciences.This paper endeavors to examine the methodological basis of research in social sciences that will highlight the epistemological, ontological, and ethnomethodological connections between the social sciences. The instant chapter discusses an introduction to the vast social science of Research Methodology and the formulation of a good research problem statement.
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4.What Are The Three Agricultural Acts of 2020? Why Farmers Are Opposing Them?
By- Tisha Aggarwal
• Abstract
This research study enlightens the various aspects of our Indian Agricultural system. The major part of the research revolves around the deteriorating conditions of farmers in the past and present scenario. The study primarily focuses on the three Agricultural Reforms of 2020 and Why these concerns even an ordinary man. Why are farmers protesting and what are the pros and cons of the new Farm Acts. An attempt is made to address the farmer demands against the unfilled promises of the government. Opinions of various experts and suggestions have been discussed to redress the farmer grievances.
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5. Tussle between the US and Iran at High Seas: Is it a sign of an upcoming war?
By - Manu Sharma.
• Abstract -
Since, 1980’s, there has been a constant strain in the diplomatic relations between the two powerful nations of the world, the USA and the Islamic State of Iran. Whether we look at the Iran- Iraq war of the 1980s or the recent killing of Iran’s superior military commander General Qasem Soleimani, the constant tussle between the two nations have gathered the worldwide attention of the experts who are analyzing the possibility of an “armed conflict” or a “war” in the coming time. This is the recent event which took place in the International water of the Persian Gulf where the Iranian Coast Guard gunboats traversed the American naval ships from an enclosed range. The US claims such perusal as an act of harassment and danger within the limits of high seas.
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6. The Criminology of the Future: How Science helps to Investigate Crime?
By - Preet Beaspal
• Abstract
This paper begins with a brief over view of the history and evolution of criminology over time and how it has advanced over centuries. Then the ideology of the criminals is discussed to understand why the crimes are committed. Afterwards, an attempt has been made to understand the current scenario of crime prevalent in our society and the future possibilities owing to the current situation which is affected by different variables which are discussed in detail. The importance of science in investigation of a crime is discussed in detail by studying different types of methodology and techniques used in forensic science to collect evidence in order to reach a conclusion. A detailed description of these methods has been given starting with origin, working and their practical application. An understanding of various techniques, principles, methods and tests under forensic science can be developed after reading this paper. In the end, the paper is concluded stating why criminology and science indispensable when it comes to investigating crimes and collecting evidences and putting the culprit behind bars and providing justice to the victim and his family which will in turn increase the faith and trust of common man on police and Judiciary.
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7. Medical Negligence Related to Consumer Protection in the Light of Pandemic COVID-19
By - Aranya Nath & Shreeja Shyama Praharaj
• Abstract
The medical profession is a profession, as medical practitioners are referred to as God after the almighty as they save the lives of the people even in very serious or critical stages. A doctor becomes renowned only through good faith & trust with the patient. Now Consumer Protection Act 1986 is social welfare legislation and the provisions are intended to provide effective and efficient safeguards to the consumers against various forms of exploitation and unfair dealings that occurred to the patients. It is perhaps the best weapon that is utilized by the buyers to forestall misuse. These days the patients have begun utilizing this Act when they are abused by the clinical carelessness of medical services.
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8. Socio-Legal Analysis of Human Trafficking in India
By- Aditi Das
• Abstract
The evolution of human race along with the evolution of the world, so far has been remarkable. All these years, humans havebeen successful in adapting into a certain group or society which has accepted a set of rules, in order words, customs, traditions, and likewise for themselves and the people living around them.
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9. Corporate Revolution 2020
By- Anshita Kohli
• Abstract
With the economic slowdown and the pandemic hitting the country and businesses spread worldwide, there was an immediate need to reconstruct the economic structure and provide measures ensuring stability in the businesses. This research paper focuses on the amendments, promulgations and schemes put forth by the Government of India to do the same in the year 2020. It is an attempt to capture the legal aspects of introduction of the revolutionary policies and their effects on the Indian economy in the longer run. It also aims to bestow a detailed idea to the reader about certain changes and schemes introduced by Atmanirbhar Bharat Abhiyan, which also facilitates ease of doing business in the country. It covers major amendments in the corporate laws Which may change the face of Indian economy and have a significant impact on ease of doing business in India.
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10. Statutory Interpretation of Offences Against Children
By- Krishna Mishra
• Abstract
In India, child sexual exploitation is an under-reported crime. Children who are victims of sexual assault are often familiar with the suspect in some way. Therefore, by less vague and more strict punishment, the issue of child sexual exploitation must be tackled. This paper specifically takes an objective look at the consummate attribute of IPC and POSCO and how they’ve been protecting our nations’ children. It also deals with the subjective outlook of judges and how they’ve dealt with the cases under the above Acts. This paper, altogether, aims to provide knowledge on all the traumatic situations children go through and what has have been done to preserve their justice.
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By- Richa Vyas
• Abstract
The Base Erosion Benefit Change is one of the advancing and significant unfamiliar financial issues that ought to be perceived by BEPS and its impact on worldwide and homegrown expense law just as its effect on a nation's economic development. Each taxpayer or taxpayer often tries, using different tax planning techniques, to reduce the tax burden. Some tax avoidance techniques include expenditure in tax reduction plans and no tax zones. BEPS is linked somewhere with certain techniques for fiscal preparation. The paper looks into various concepts like the European Economic Cooperation, GloBE, CFC kind of concepts which are used in a corporate entity incorporated in a less-tax jurisdiction and controlled directly or indirectly by higher-competency residents. The paper also deals with the Indian perspective of the BEPS narration. India has adopted several initiatives, despite not being part of the OECD, in specific bilateral tax treaties is also been looked into.
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12. E-commerce : Its challenges and opportunities in Indian scenario
By- Prakhar Puranik (Assistant Professor , Indore Institute of Law) & Tanay Paul
• Abstract
A Digital Revolution is being witnessed by the world wherein internet has become a part and parcel of almost each and everyone’s life. This revolution is aided by change in lifestyle of the people mostly in the urban areas, decreasing prices of internet and the more use of internet and the convenience provided by internet for booking tickets and doing online shopping etc. In the scientific era of increasing popularity of internet, electronic commerce or e-commerce has not only led to the opening up of various opportunities but has also become a necessity for most of the people, thereby offering exceptional opportunities towards economic development of a country.
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13. The dilemma of brand owners – Advertisers or Lawyers ?
By- Somya Tiwari
• Abstract
“A brand is no longer we tell the consumer it is, it is what consumer tells each other it is”. These righteous words quoted by Scott cook explain the role of a consumer who brings equity to any brand. A brand is not just limited to a logo or a mark but it builds on an overall experience and an impact it leaves on customers. Selecting a brand name can be a herculean task for any new set up who intends to establish its foot in the market. The journey of selecting a brand name to get it registered required a lot of research and market study to avoidperplexity and a detrimental impact on the product. Also, a lot many potential legal intricacies can arise when the brand comes into the public domain and rightfully recognized by the consumers.
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14. Exploitation through pornography and sex trafficking
By- Soumya Parwal & Apurv Goyal
• Abstract
What is Pornography? “Pornography” is derived from a Greek term which means to “write about prostitutes.” The commonly accepted definitions of “pornography” in modern times define it as “sexually explicit material (verbal or pictorial) that is primarily designed to produce sexual arousal in viewers” The word “Pornography” has also been defined in civil rights antipornography ordinances conceived and drafted by Andrea Dworkin and Catharine A. Mackinnon .
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15. Are digital wallets the future of the Indian banking system ?
By- Minakshi Yadav
• Abstract
After the Demonetization in the year, 2016 brought major changes in the life of people and banking services. As in this digitally fast going era, everything is online the banking system is also shifting towards online means of transaction via different applications of their own and allowing third party applications like Google Pay and BHIM App to transact. It has revolutionized the whole banking services. Providing the customers with facilities like making payments, transferring funds, etc. which make the customers transact from their current location and not running to the bank.This paper aims to find whether Digital Wallets are the future of banking in India. Whether they can change the physical banking services into digital banking Services through the means of online banking.
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