Journal Title : National Journal for Legal Research and Innovative Ideas
Frequency : Quarterly
Volume : 1
Issue : 3
Period : April - June
1. RTE for All Gender : Basic Human Right
By- Muskan Banga
• Abstract -
As India’s landmark Right to Education (RTE) Act, 2009 has completed its decadal anniversary and its implementation still continues to be a huge challenge as the country continues to grapple with the crunch of poor learning outcomes in schools. The central fact of our constitution is No discrimination on any ground. Promoting gender equity is essential to achieving basic development goals because India still goes through poor investment in female education relative to male education, but there is one more gender who is facing the same problem in dark. As we know that India's Supreme Court has recognized transgender people as a third gender and the right to education of transgender have been at the core of political debate throughout the most recent years. This unvoiced gender is deprived of primary education due to their inappropriate gender role so the author will also focus on the constitutional goals and safeguards to provide equality to all three genders.
2. A Misinterpreted ideology: Feminism
By - Tusharika Singh Gaharvar
• Abstract -
Feminism, the idea in social, economic, and political equality of the sexes. though for the most part originating within the West, feminism is manifested worldwide and is depicted by numerous establishments committed to activity on behalf of women’s rights and interests. Throughout most of Western history, ladies were confined to the domestic sphere, whereas public life was reserved for men. In medieval Europe, woman was denied the proper to possess property, to study, or to participate publicly life. At the tip of the nineteenth century in France, they were still compelled to hide their heads publicly, and, in elements of European country, a husband still had the proper to sell his partner. at the same time as late because the early twentieth century, ladies may neither vote nor hold elective workplace in Europe and in most of the u. s. (where many territories and states granted women’s franchise long before the national did so). ladies were prevented from conducting business while not a male representative, be it father, brother, husband, legal agent, or maybe son. Married woman couldn't exercise management over their own youngsters while not the permission of their husbands. Moreover, woman had very little or no access to education and were barred from most professions. In some elements of the globe, such restrictions on woman continue nowadays.
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3. Tort in Environment : A Choice or Necessity?
By - Sarika Agarwal
• Abstract
Over the years, the world has experienced several laws being passed to protect the environment. Each law passed comes with its own set of rules for safeguarding the environment against its misuse. However, despite having various Environmental laws, the Indian judiciary has applied the principles of torts in a variety of cases involving environmental damages and violating people’s right to a vigorous environment. The aim of this research paper, therefore, is to analyse the need for the application of torts’ principles such as Nuisance, Trespass, Strict Liability, Absolute Liability, and Negligence in India and its effectiveness in matters related to environmental harms and present landmark cases concerning the same. The paper also tries to draw a comparison between the effectiveness of the judgments given while relying exclusively on environmental laws with judgments given on the basis of tort law principles. Furthermore, the paper also presents recent cases on violation of environmental components in India and leaves it to the readers to decide if the present legislation regarding the protection of the environment is sufficient to provide complete justice to the victims of such accidents. In the end, the author also presents her own views regarding the prevailing laws of environmental protection and suggests some changes concerning the same.
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4. Judicial Overreach : A Need ?
By - Muskaan Gupta & Harshul Bangia
• Abstract
The desirability of judicial overreach is a frequently debated topic ever since the Supreme Court of India assumed an activist role and started giving judgements against the executive and legislative actions or laws instead of being a submissive judiciary. By assuming such a role, the judiciary acquired a significant place in the Indian government system because it gave people hope of being able to improve the situation when the elected government became apathetic to the rights and liberties of people. The judiciary is criticized for overstepping its boundaries by interfering with the executive and legislative powers, thereby undermining them, which have their separate powers vested in them by the Constitution implicitly. Even though the Constitution does not give an apparent separation, and there is some overlap of powers of the three organs, the basic features of the organs are defined, and the overlap is minimal. The question of overstepping the separation of powers is vital because, on the one hand, such a system intends to avoid concentration of too much power into one organ, which, if it happens, would lead to exploitation of the powers, and on the other, overstepping powers might seem to be the only resort especially when immediate action is required like in the cases related to the environment.
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5. An Analysis of The Privacy Judgement
By - Neeraja Ashok Paranjape
• Introduction
In Justice K.S. Puttuswamy v Union of India, a nine-judge panel of the Supreme Court, issued a landmark decision establishing the fundamental right to privacy. It defined privacy as an intrinsic part of Part III of the Indian Constitution, which lays out our fundamental rights, including everything from the right to life to the right to privacy. Articles 14 to 18 deal with equality; Article 19(1)(a) deals with freedom of speech and expression; Article 20 deals with freedom of movement. (Article 19(1)(d); life and personal liberty protection (Article 21); and others. These fundamental rights are inalienable. According to the Supreme Court, like most other fundamental rights, the right to privacy is not an “absolute right”. A person’s privacy interests can be trumped by conflicting governmental and individual interests if specific standards and benchmarks are met. This paper examines the standards established by the Supreme Court in the Puttuswamy case, which will be used to evaluate potential privacy violations.
6. A Study on Misuse of Anti Dowry Laws in India
By - Girisha Meena , Student , GNLU
• Abstract
Cruelty is a chain or series of event.Today our world is full of evils.The meaning of dowry has a very wide scope.It is something that is related with bride price and its moreover,parents of the bride sending durable gifts,money or property to the groom at their marriage.Negotiation practices of both parties I.e bride and groom families have been involved.The dependency of the amount is on various reasons example Bride’s skin tone,education,family background,caste etc.Its considered as a marriage settlement.If bride’s family fails to fulfil the dowry negotiation it can result in serious abuse and humiliation.They are still practiced in the whole world especially in the areas of Asia,Balkans and North Africa.Its been a illegal practice in India but its still practicable in most of the marriages.Its seems as parents of bride giving wealth to the groom’s family.They are as a condition to accept marriage proposals in many areas.Sometimes the conflicts arose out of dowry and results in violence including cruelty,acid attacks,abusing and killing.Dowry became totally illicit after 1961,but society still expect it out of a marriage.
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7. Law of Marriage for Hindus: Pre-requisite Conditions, Ceremonies, Violability and their Registrations
By - Jai Mishra
• Abstract
This research paper studies the Hindu Marriage Act, 1955 studying various aspects of the paper. The findings of this research paper reveal various essentials and some non-essential requirements of Marriage and ceremonies and what exactly is the importance of registration and effect of non-registration on the Marriage along with the different aspect of voidability. The findings of this research paper can be used for increasing awareness as well as for educational purposes.
Article 19(1)(a) of the Indian constitution defines on Right to freedom of speech and expression. This one of the fundamental rights that enshrines people’s right to express their opinion in certain ways like by word of mouth, writing, printing, art, or any other. In a democratic country like India, right to freedom of speech and expression is one of the essential rights that needs to be given to the people of the country. This right can however not be absolute and give people complete freedom. To protect the country from certain threats it is reasonable to impose certain restrictions and to safeguard the way these rights are exercised by people.
An offence against such a baby isn't just a crime against even a person, but even against society as a whole. People are more susceptible to cyberterrorism throughout today's political climate, but it is essential for the Government to secure the lives and freedoms of its young people and the oppressed and poorer parts. Yet the county's proven uselessness in curbing cyber threats toward minors destroys interest in the separation of powers across the world. And during trial and eventual sentencing, the abuse and cruelty towards the children in India lets the criminals circumvent criminal law requirements. Growing rates of conviction of cyber horrible crimes suggest that legal reactions to young offenders are not compassionate. The most vital commodity of any country is an infant. They are really a key component of a country's stability.
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10. Humankind Against Reservation
By - Deep Kathin
• Abstract
Reservation is a debatable and highly controversial subject matter in a country like India. Furthermore, the main purpose behind the reservation was the authorization of the weaker divisions of civilization. Reservation was made part of the Constitution in the direction to let the underprivileged classes originate at balance with the privileged classes. Unfortunately, there has been the failure of the policy to accomplish its purpose to elevate the downgraded classes. Moderately, the reservation policy has become a radical instrument in the hands of politicians. Originally, the impressionwas to make a reservation policy only up to ten years subsequently the independence to accelerate the development of the underprivileged divisions. However, the condition now is such that even after more than seventy years of independence, reservation policy is still in perception.
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11. Application of Doctrine of Rule of Law in India: Expounding Upon the Proposition of Joseph Raz
By- Manik Dutt (LLM Student , NLU , Delhi)
• Abstract
The following is a critical essay on application of doctrine of rule of law in India with reference to explanation on the same by Joseph Raz. The article furnishes an introductory aspect of rule of law vis-Ã -vis its emergence and prevalence. In particular, the article provides for the principles stated by Prof. Joseph Raz, juxtaposing it with the principles provided by other jurists on the same lines. Further, this piece provides for applicability of the principle of Rule of Law in India and how the same is taken up by the Judicial spirit. By providing a critique towards the fag end of this piece, the attempt is to peruse the contours of rule of law that have been touched upon by the Indian legal system.
Copyright act has as its major objective the establishment of a range of intellectual supplies. The law grants the right of information and intellectual products to persons and enterprises, generally for a fixed period. This provides them economic incentives to create them since they can benefit from them. These economic stimuli are intended to boost innovation and contribute to the technical development of countries dependent on the extent to which inventors are protected. Copyright may be an exclusive right to use and allocate the artistic worker or craftsman for their own distinctive works. Although restrictions and exceptions to copyright law also do not seem to restrict exclusive rights. A major constraint about copyright law is that only the distinctive thoughts or the way of expression is protected rest all new ideas and concepts are welcomed from the author.
In the month of December in 2020, the administrator-Former Intelligence Bureau Chief Dineshwar Sharma ruling the island has passed away. The role of administrator in the Union Territories were generally taken up by Bureaucrats. But with the demise of Dineshwar Sharma, it was headed by Praful Khoda Patel, a BJP Politician administrating Daman and Diu Dadar and Nagar Haveli. By taking over Lakshwadeep, he would be heading both the territories simultaneously.
Civil rights are the essential legal rights that a person is entitled to in order to be considered an equal citizen in a liberal democratic society. They are not inherent and must be granted and protected by state power. As a result, they differ widely throughout time, culture, and governmental system, and they tend to follow cultural trends that condone or condemn certain forms of discrimination. Throughout the history of world government, we have witnessed some historical movements aimed at securing such rights for humans. The Civil Rights Movement 1865-1896 is an appropriate example, which first resulted in the Emancipation Proclamation 1863 and finally, in the Thirteenth Amendment 1865. Similarly, in India Article 17 of the Indian Constitution acts as a gateway to liberation of millions of lives from the ancient and barbarous practice of untouchability.
The fight of life was going super smooth until this pandemic was announced by the World Health Organisation in March 2020. The sudden and unreported outbreak of COVID-19 virus in the Wuhan Province soon from gaining a cross-border character turned into a global public health emergency. During the initial period of this pandemic, no one would have thought that it will last for so long. Soon this pandemic apart from its health and emotional impacts started producing its adverse financial impacts on the daily lives of people. The functioning of all the multi-national companies was stalled, local shops and malls were shut down, employees lost their regular jobs, labourer lost their jobs and most aggressively it affected the contractual relationships between many parties as well as governments of different nations. Even the governments started taking the defence of this pandemic to defend their failure to discharge their promises.
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