Journal Title : National Journal for Legal Research and Innovative Ideas
Frequency : Quarterly
Volume : 3
Issue : 2
Period : January - March
1. ANALYSIS OF MEDICAL TERMINATION OF PREGNANCY ACT, 1971
By- Mayank Saraswat, Law Student, Dr. Ram Manohar Lohiya National Law University, Lucknow.
•Abstract
The Medical Termination of Pregnancy Act, 1971 is an act of Indian Parliament which mainly focuses on various aspects including the reproductive rights of women and the gender equality which is of utmost need in the Indian society which has been patriarchal for a long time. The Indian Government and also the Indian Judiciary is taking and implementing various relevant steps in this medical field of law, as we see the Amendment of 2021 in the respective act, also the various judgements of our Apex court has also emphasized on the dire need of women empowerment. Through the statement of objects and reasons of the act (states that several cases have been filed before the supreme court and various high courts seeking permission for aborting pregnancies at the stage beyond 20 week limit under the act, on the grounds of foetal abnormalities or pregnancies due to rape faced by women) it can be easily inferred that the there was much need of this amendment act and this amendment can impact our society in positive ways. This research paper has also included various opinions of professionals with an appropriate conclusion.
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2. Analyzing the term "INNOCENT TIPPEE" Under the Indian Insider Trading Laws
By - Aditya Sinha & Aditya Kranti, Law Students, Symbiosis Law School, Nagpur
•Abstract
Insider trading is the practice of trading in a company's securities for long or short term gain based on important information that is not generally known to the public. One of the strongest insider trading laws in the world now exists because of the quick expansion of India's insider trading system through legislative changes and legal precedents. In the case of Shruti Vora, where SEBI filed a set of orders imposing fines on specific people for sending WhatsApp messages disclosing Unpublished Pricing Sensitive Information before its public release, the “innocent tippee” defence was once again used, SEBI's inquiry led to the use of this defence. The Securities Appellate Tribunal (the "SAT") reversed the SEBI's decisions, nonetheless, and sided with the accused. According to the SAT's ruling, an information may only be considered Unpublished Pricing Sensitive Information if the accused knew it was Unpublished Pricing Sensitive Information when it was received. In evaluating the responsibility of a tippee, Shruti Vohra thus crystallized a knowledge need. In this manuscript, we have majorly analyzed the term called “Innocent Tippee” and what are laws related to Insider Trading in India. We have also discussed regarding what would happen when an insider of a company communicates confidential information to an outsider (“tippee”), who then trades based on such information and how does the Law deal with it. Whether India is ready to deal with laws relating to Insider Trading and where is India lagging behind.
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3. Air India Vs Nergesh Meerza AIR 1981 SC 1829 (Case Comment)
By- Manav Gupta, Law Student, OP Jindal Global University
•Abstract
In Air India vs. Nargesh Meerza, the Air Hostess (hereinafter referred to as AH) was defeated in a judicial battle for equal retirement age for male and female employees. This case explains how the Supreme Court gave the most failed and heavily criticized judgement in discrimination law. The judgement given is intellectually unsatisfactory because it did not consider the complex and reflective jurisprudence on sex discrimination. After Yusuf Abdul Aziz's 1954 judgement, which briefly affirmed the validity of adultery, the Supreme Court could not deal seriously with sex discrimination under Article 15 during the first few decades after the Constitution came into place. The court tried to exclude indirect and intersectional discrimination from the constitution’s ambit. The present case comment would explain how the judgement given in the case is discriminatory and the court’s failure to interpret the equality code of the constitution.
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4. (A CASE COMMENTARY) SHABANA BANO V. IMRAN KHAN AIR 2010 SC 305, (2009) 1 SCC 666
By - Nirmiti Ratnakar Law Student, Symbiosis Law School, Pune
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5. Adoption in India: Under Hindu, Muslim, And Christian Laws
By- Christo Sabu, Law Student, Symbiosis Law School, Hyderabad
•Abstract
According to Section 2(2) of Juvenile Justice (Care and Protection) Act, 2015, “‘Adoption’ means the process through which the adopted child is permanently separated from his biological parents and becomes the lawful child of his adoptive parents with all the rights, privileges and responsibilities that are attached to a biological child.” Despite being a secular country, India is yet to display progressive changes and eradicate religious hindrances with respect to adoption. As of today, there is no general law of adoption that applies correspondingly to all religions. Only the personal law governing Hindus, the Hindu Adoption and Maintenance Act, 1956 deals with and further lays down the procedure for adoption. However, for other religions like Islam, Christianity, and Zoroastrianism, there are no separate provisions that guarantee the right to adoption. Even though the foster parents are vested with guardianship rights under the Guardians and Wards Act, 1956 it cannot be equated with adoption rights. Hence, the researcher advocates for the enactment of uniform adoption laws that govern overall, irrespective of their caste, religion, or creed. The paper attempts to critically analyze various provisions of law that deal with adoption in India and provide certain suggestions, which if incorporated would improve the current scenario.
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6. THE CREDIBILITY OF CHILD WITNESSES UNDER THE INDIAN EVIDENCE ACT
By - Anshika Jain, Law Student, NMIMS, Indore
•Abstract
The key to a successful trial is determining the credibility of witnesses and how much to depend on their statements. If a person at the time of giving testimony is below the age of eighteen, he/she will be considered as a child witness. Though the statute does not specifically categorize child witness one can perceive that to be a competent witness, the person should have the capability to understand the questions put forward to them. The validity of such evidence increments with corroboration and should in any case likewise be depended upon with due caution. The question of how mature the witness is determined with the use of the Voir Dire test. However, that poses a question of admissibility, which has been briefly laid down by the Evidence Act and later abridged by the relevant judgments. This research is primarily based on the testimony of child witness and its credibility. Therefore, we will briefly study this topic emphasizing on the Evidence Act along with various judgements and understanding judicial point of view by the help of landmark case laws.
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7. APPLICABILITY OF EVIDENCES ACQUIRED BY ILLEGAL MEANS
By- Garima Jain & Shivanshu Jha, Law Students, NMIMS, Indore
•Abstract
In India, there is a severe lack of legislative protections that protect an individual's right to privacy as a fundamental right, particularly when it comes to protecting them from unlawful search and seizure actions used to gather evidence. Both the accused and the victim have legal rights and safeguards in any criminal prosecution. Currently, relevancy is the only factor determining whether or not evidence is admissible. Since there are no regulations against the introduction of evidence collected illegally, it may result in serious injustice in some circumstances. Although the Law Commission produced a comprehensive report on the subject, recommending the inclusion of new provisions to the Indian Evidence Act, none of its suggestions were ever put into practise or taken into consideration by the Indian legal system. My study's goal is to find a solution to this issue by performing a thorough investigation into the subject and coming up with my own suggestions to address existing problems.
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8. SOCIAL CONTRACT THEORY OF HOBBES AND LOCKE
By - Surjit Raiguru, Law Student, Symbiosis Law School, Pune
•Abstract
The Social Contract Theory of Hobbes and Locke is a fascinating exploration of the origins and nature of political authority. Hobbes and Locke both argue that humans have a natural right to self-preservation, but their divergent views on the role of government and the source of political power have profound implications for society. From Hobbes' vision of a Leviathan state to Locke's emphasis on individual rights and limited government, the Social Contract Theory of these two philosophers continues to shape political discourse and debate today. Join us on a journey through the thought-provoking ideas and theories of Hobbes and Locke as we delve into the heart of the Social Contract Theory.
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9. LIVELIHOOD, LIVING CONDITIONS AND COPING STRATEGIES OF TRIBES IN INDIA
By- Alen Thomas Pallattu, Law Student, MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR
•Abstract
Among the most marginalized populations in India is indeed the Scheduled Tribes. They are also referred to as Adivasis; a diverse collection of ethnic and tribal clans that are recognised as India's indigenous people. In India, they are also referred to as the indigenous population. Scheduled Tribes make up around 8% of India's overall population and are among the most disadvantaged sections with regard to social, economic, and other factors. The Indian government strives to equalise these tribes' level of development with that of the rest of the nation's citizens. Indigenous societies are the subject of research, and these studies have shown some characteristics that set them apart from other societies. These include their archaic characteristics, unique culture, customs, beliefs, traditions, and ideals, as well as their exclusivity and their largely antiquated way of life. This research attempts to gain information and insight about the Tribal communities in India, their hardships, and the obstacles hindering the progress of Tribal Groups in India. The researcher also aims to understand the Impact of Globalization on the Socio- economic spheres, cultural aspects and livelihoods of Tribal communities in India. Through this paper, the researcher also attempts to gather more knowledge about the livelihoods, living conditions and coping strategies of tribal communities in the country. Acknowledging the significance and importance of schooling, gathering information about different topics, blending with society, and instilling the virtues of assiduity, innovation, and social competence are important steps that should be followed in order to deliver solutions to numerous problems faced by tribal communities in India and enrich their living standards.
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10.AN OVERVIEW OF PROTECTION OF THE LIFE FORMS AND PLANT VARIETIES UNDER INTELLECTUAL PROPERTY RIGHTS
By- Tamojit Ghosh, LLM Student, Sidho-Kanho-Birsha University, Purulia
•Abstract
Patents are a form of Intellectual Property Rights (IPR) most often used to seek protection of knowledge related to biological resources. The use of plants as medicinal sources is globally recognized and the (IPR) associated with their use and protection have been disputable issue around the world. As one of the core industries in India, agriculture requires the development of new plant varieties and better quality seeds to accelerate agricultural development. It has been internationally recognised that the contributions of plant breeders should not only be recognised but also a legal mechanism should also be developed to establish and protect their rights.There are various international legal regimes governing intellectual property rights in the protection of life forms and plant varieties and sets forth regulatory options for national governments to protect plant varieties while achieving other public policy objectives relating to plant genetic resources. This paper identifies different sets of policy options for governments based upon the specific constellation of treaty commitments they have undertaken.
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11. CASE ANALYSIS AND COMMENT ON RAMANIAH V. SPECIAL PUBLIC PROSECUTORS
By- SPANDANA REDDY BOMMU, Law Student, Symbiosis Law School, Hyderabad
•Abstract
In a democratic setup, the freedom of speech and expression is considered a fundamental right; however, it is not absolute but subject to certain reasonable restrictions, defamation being one. The researcher in this paper briefly introduces defamation, which is also a consequential subject of contemporary discussions. The paper also highlights the daily restrictions that media outlets have to grapple with to publish news articles. The second chapter gives a descriptive analysis of defamation within the Indian context. The researcher discusses the essential elements of defamation and interprets the defences, remedies, and assessment of damages available for an individual delineated through judicial precedents and upheld by numerous courts in India.
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12. Repair or Replace Electronic Equipment? – The Consumer’s Dilemma and the Seller’s Leverage
By- Chandrasekhar V Pillai & Aishwarya Lakshmi VM, LLM Students, The National University of Advanced Legal Studies, Kochi
•Abstract
Introduction of legislations that statutorily recognize the consumer’s ‘Right to Repair’ in the European Union, United Kingdom, and the United States of America and the recent proposal of the Indian Department of Consumer Affairs to formulate a comprehensive framework for the right to repair, shows that the said concept is gaining global traction, and this may be attributed to the consumer’s frustration in the alleged ‘planned obsolescence’ of electronic equipment. While the Sellers of these electronic equipment vehemently oppose the legal recognition of the right to repair by arguing on the vanity of the said right as one that could reduce innovation, tech trade, and competition and also violate their IP rights while posing a significant safety and inefficiency threat to an inexperienced consumer; they fail to appreciate the flip side of the fundamental consumer law jurisprudence that ‘Consumer is King’. Denial of the right to repair to the consumer limits their role from being an owner of the electronic equipment to that of a mere lessee or licensee and hence violates the jurisprudence behind the absolute enjoyment of one’s own property. The rights of the consumer include the right to choose, be informed, be educated, be heard, and to seek redressal. Further, there are judicial innovations that link consumer law with human rights and environmental concerns. In the Indian legal landscape, it is crucial to analyze the interplay between the fundamental right of the seller to carry on their trade and the fundamental rights related to the consumer. In that light, it would be trite to evaluate the ‘right to repair’ as a facet of statutory consumer right, as a fundamental right and also link the same with judicial precedents in the consumer law realm.
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13. THE IMPACT OF SOCIO POLITICAL ENVIRONMENTS ON CORPORATE GOVERNANCE OF MULTI-NATIONAL CORPORATIONS IN EMERGING ECONOMIES
By- AMRITA RAJ PATHAK & APARNA RAJE PATHAK, Law Students, Amity University, Lucknow
• Abstract
Multinational corporations (MNCs) have a significant impact on the global economy. Despite the prevalence of MNC economic activities around the world, few studies have been conducted to examine their political influence on foreign policy-making. This chapter develops a theoretical framework for understanding how MNCs' distinct market positions influence their political activities. We argue that MNCs' economic dominance lowers the relative cost of engaging in political activities, while their large-scale transnational activities raise the marginal benefits of influencing policy-making individually. To investigate this empirically, we first present a novel dataset of lobbying in the United States that includes lobbying activities of all public firms from 1999 to 2019. The difference-in-differences identification strategy is then used to estimate the effect of MNC status on lobbying. When firms become multinational, we find strong evidence of an increase in lobbying expenditures. Furthermore, we discover that MNCs tend to lobby on a broader range of foreign policy issues. Our findings suggest that multinational corporations (MNCs) are significant political actors whose distinct interests and influence should be factored into our understanding of foreign policymaking.
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14. Critical analysis on Muslim Women (Protection of Rights on divorce) Act, 1986
By- Abhinav Jindal, Law Student, Symbiosis Law School, Nagpur
• Abstract
The issues raised by the Muslim Women (Protection of Rights on Divorce) Act, 1986, are the subject of the research article. Although it is an accomplishment, the act has many ramifications in and of itself because it encountered several obstacles throughout its enactment. The “: Shah Bano case” and the “Daniel Latifi; case” were both reviewed in the document. In the former decision, it was determined: that maintenance underI “criminal procedure” would take precedence over personal legislation. The main issue that is resolved in and around the research is whether the maintenance claim will be governed by this specific legislation or by the provisions of the “ICriminal procedure”. "The critical analysis of each and every section of the act", 1986 and "its legal implication as well as it has its scope in the protection of Muslim women" This essay discusses arbitrary legislative rule and bigotry in democratic societies. The act's terms that read, "Divorced Muslim wife is not entitled to acquire maintenance beyond the Iddat Period and describe the scope of the maintenance required by this legislation and the maintenance required by criminal law and procedure," might needs some modification, according to this document.
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15. An Analysis of the Landmark Judgment, Justice K.S. Puttaswamy v/s Union Of India
By- Jiya Beniwal, Law Sudent, University Institute of Legal Studies, Panjab University, Chandigarh.
The Supreme Court's nine justices convened to decide whether privacy is a virtue that is guaranteed by the constitution. This Court is given the opportunity to review the fundamental ideas upon which our Constitution was created as well as the implications of those ideas for the way of life it wants to safeguard. The problem touches on the basis of a constitutional culture based on the protection of human rights. Challenges to constitutional interpretation are presented by this case. Our ideas of liberty and the entitlements that follow from its protection would be significantly redefined if privacy were to be viewed as a protected constitutional asset.
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16. STREETART AND COPYRIGHT PROTECTION
By- Adina Evangeline G, Kristu Jayanti College of Law, Bengaluru
•Abstract
Street art and graffiti are essentially different but many of us find it similar or same as it is often registered as vandalism on first thought in our minds. Street art is given copyright protection by law whereas graffiti is not. There have been many laws formulated in different countries for the protection of street art from copyright infringement and its destruction without prior permission from its creator. Street art is an innovative method discovered in the recent years that is used to beautify the suburbs of the developing countries and is also a magnet for tourist attraction. Copyright is given to street arts which are done on tangible elements. When some people are in the favour of providing protection to street arts even when it is done illegally, there are others that do not hold the same opinion. India has yet to develop specific laws related to street art and its protection as this is still an evolving phenomenon in the country and meanwhile draws inspiration from Acts such as the Visual Artists Rights Act of 1990 (VARA) of USA to decide cases that are brought before the courts. This article discusses questions such as what is street art and graffiti? Is street art eligible for copyright protection? What is copyright and how can it be infringed? Does India and USA have adequate laws regarding street art and its protection etc.
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17. JUVENILES IN CONFLICT WITH LAW
By- Rama Tamhankar. Law Student, GNLU
•Abstract
"The child, by reason of his physical and mental immunity, needs special safeguards and care, including appropriate legal protection before as well as after birth. "
- United Nations Declaration on the Rights of the Child, 1959
Children are the future of a country. Their growth and development towards becoming responsible citizens decide the well-being of a nation. They are the most vulnerable section of our society; hence it is paramount for a state to protect them. But in a country like India, they are exposed to crime at an early age due to various reasons like poverty, lack of education, etc. The interlinkage between delinquency and offences is not hostile to the Indian Justice system. Juvenile delinquents mean children below 18 years of age who have committed a crime. This vulnerable section of society is the highest priority of law to protect from being exposed to the world of crime. Hence Indian Constitution recognises the special status of children through provisions like Article 15(3), 24, 39(e) and 39(f), and 45. In 1974, declaring 'Children as supremely important assets' in Indian National Policy for Children, the Indian Government reiterated the importance of child protection.
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18. Redefining Originality: A critical look at copyright regulations concerning machine learning
By- 18. Viraja Shah, JGLS
•Abstract
Creations of intelligent machines are always rebelling against the current the copyright law regulations across the globe. Pragmatic works independently created by AI are dismissed from copyright protection on the ground of lack of ‘originality’, ‘creativity’, and human touch. Such a strict apparatus for enabling copyright protection is skewed by a sociological bias and act as a barrier to innovation. Machine Learning is a format of creativity where the algorithms create original work guided simply through primary input, this process and completely autonomous and thus we believe that an evolved interpretation of the law is necessary to understand this novel format of creativity. This paper aims to analyse the concerns that arise from the intersection of AI and Intellectual property through the eyes of the regulator and the creator. We shall aim to understand the contemporary stand of various jurisdictions with respect to copyright law through their initial encounters with Artificial Intelligence and discuss the issues, and alternatives that shall be considered to evolve this relationship.
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19.ANALYSIS ON SUDDEN RISE OF CUSTODIAL DEATH CASES IN INDIA USING CRIMINOLOGICAL THEORIES: THE LEGAL MURDER
By- POTHYS VARAN S, Law Student, Christ (Deemed to be University), Bengaluru
•Asbtract
Custodial deaths have increased significantly across all of India, particularly in the states like Tamil Nadu and Uttar Pradesh. In an Indian culture where the rule of law promises to protect every individual with justice, liberty, and equality, Death as a result of "Torture" in police custody is, in fact, one of the deadliest types of crime. By "in custody", we mean "guardianship." People think the police are there to protect them, but instead of protecting them, they commit one of the most horrific crimes known to mankind by torturing the accused until they die. This Paper primarily focuses on the issue of custodial Death in terms of the sudden increase in cases and various measures that could be taken to restrict police agencies' excessive powers pertaining to custodial Death with the help of criminological theories like Crime control theory and due process theory. Also, the Paper focuses on the requirement of stand-alone legislation to curb this menace of custodial Death in Indian Society and, finally, some suggestions and recommendations for controlling this crime of Legal murder.
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20.APPLICABILITY OF ARTIFICIAL INTELLIGENCE (AI) IN THE INDIAN JUDICIARY ALONG-WITH THE SECTOR OF INDIAN CORPORATE LAW
By - Aryan Sinha, Law Student, Galgotias University
•Abstract
When it comes to Artificial Intelligence, it is not a well-defined term as everyone has their perception of the applicability of AI. Generally speaking, it is the power of non-human entities like computers to think and make decisions like a human. Developed technology like AI has spread across the world and provides them with improved and effective ways of providing via multiple sectors. AI aims to provide the machinery with a mechanism to replicate human nature in areas like problem-solving and critical thought by enabling the machine to think for itself. When it comes to the applicability in the Indian Corporate law sector, there has been a need to structure the sector and eliminate the pendency of cases. Especially when there was a rise in the COVID-19 pandemic around the world, the use of Artificial Intelligence is revolutionized in the legal field of Corporate Law where only matters of great urgency are heard and addressed. The judicial system, if powered by AI will be unstoppable and won’t suffer any more delays during the COVID-19 pandemic and hence, can become a better medium to deliver justice to parties involved in the corporate law sector. The Supreme Court had passed an immediate order entrusting all the High Courts and the Supreme Court to adopt the measures to use artificial intelligence in court operations. In this research paper, we will be addressing the concept of AI, its applicability of AI in the Indian legal framework, usage of AI during COVID-19, the international framework of applicability of AI, applicability of AI in the Indian Judiciary, the digitisation of Indian Judiciary, adaptability of AI by law firms its benefits and challenges to be addressed.
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21. A PLAN FOR CREATING A POSITIVE AND FAVOURABLE MARITIME ENVIRONMENT
By- Nakul Rajpurohit, Advocate, Rajsthan High Court
•Abstract
This particular article relates to the favourable environment to be created so as to ensure the coastal and maritime security of the country with the help of several processes and methods to do the same. With the help of several institutions and organizations being created in the country basically being related to the Indian maritime and coastal security. Also, several collaborations among the related institutions and organizations so as to ensure the security and creating positive environment for the same and also deals with what are the problems which are being faced by the institutions during the collaborations and problem of their jurisdictions and also including the principles as well as actions of the coastal and maritime security concerns of the country. Paper also deals with the Strategic Net Maritime Security Maritime communication processes and also including the concerned security with the help of several technological equipment being used for the maritime and coastal security.
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22.JUSTICE SHALL SEE NO GENDER: NEED FOR GENDER NEUTRAL LAWS IN INDIA
By- Aleze Mubeen Kodare, Law Student, Rizvi Law College
•Abstract
Though India is a modern and developing country which focuses on equality before law and equal protection of law and advocates this principle in most ways, yet it leaves out a few citizens of its purview through gender biased laws. Various laws such as section 364 A of IPC and its sub clauses which deal with outraging modesty, assault, harassment, Voyeurism, stalking and other acts such as sec 375 of IPC (the rape law), section 198A- the dowry law and the POSH act witch talks about sexual harassment at workplace are acts which have played a significant role in bringing about justice to the victims but has one main flaw that is it only identifies man as the perpetuator and women as victims and nowhere talks about the third gender nor gives relief to any gender apart from women and gives punishment to only men. Men in India face harassment at various occasions but are mostly silenced owing to the fact that there is a notion that men cannot be harmed they have the upper hand at all times it’s the man who is the root cause of all evils. Apart from this men have this burden of keeping up with the unrealistic standards of society which ridicules men who have been aggrieved in any way by a woman or other gender and are forced to hold their macho status at all cost. Men do not come forward to voice injustices due to the unavailability of laws and provisions and end up suffering in silence. What gender neutral laws would do is bring in a change in the environment and eliminate the invisible boxes that men are put in in the name of ‘manliness’. And would in turn make demanding justice irrespective of gender possible.
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23. TACKLING HONOUR KILLING AND HUMAN RIGHT TO RIGHT TO MARRY
By - Visheshta Kalra & Jayesh Srivastava,Amity Law School, Noida
•Abstract
We usually hear that we have achieved equal gender relations in our country, where everyone is equal and everyone is free to do whatever they want to do but even after 72 years of independence the goal of“equal gender relations have not yet been achieved and crimes are committed in the name of honour.”Honour killing in simple words is killing of a person by his or her family members if he or she has brought disgrace to the family. To protect the family’s prestige such killings are done. These crimes usually take place as a consequence of marriage between spouses belonging to different castes or religions and against the wishes of the families. Such persons are subjected to immense torture and coercion at the hands of their families and their communities. It is one of the most pitiable crimes that is often ignored by the state machinery and the judiciary. Honour crime is unjust and inhumane and which cannot be accepted in the name of customs. There is no honour in such killings and it is rather barbaric cold-blooded murder. These crimes usually go unreported and are shown as suicides.With this view the paper studies the causes of honour crime, legal provisions which aim at determining and putting an end to these honour killings in the country, the judicial decisions that define and interpret such crimes, the international provisions related to honour crimes to which India is a signatory and suggestions to curb such phenomenon.
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24.THE ROLE OF CYBER LAW IN CYBER SECURITIES IN INDIA
By- Rohan Singh, Law Student, Symbiosis International Deemed University
•Abstract
People in today’s world are more inclined towards the digitalization and networking as we all know that there are many benefits of it. But we know that everything has two sides one is the good and the other side is bad, we all are aware of the good side that with the digitalization of the world it will be easy for everyone to access anything from anywhere and with more and more benefits but on the other hand the bad side is the cyberattacks and the rate of cybercrimes that are increasing. As we all are aware of the fact that India has experienced many cyberattacks and the most famous and the recent cyberattack, we heard in India which gathered a lot of attraction was the AIIMS Delhi cyberattack. The laws of any country protect its citizens from the crimes so as if we want to protect our country from the cybercrimes then it has to be made strict. The offences committed will be punished under the IT Act 2000, National Cyber Security Policy. The punishments can be in the form of either be imprisonment or fines that can be imposed. This article will deal with the problems that are faced by a country in the field of cybercrimes and how can we overcome these problems and how hard and strict the cyberlaws can be.
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25. Modes of Creation of Agency : A Critical Analysis
By -Manya Sharma, Law Student, SVKM's Narsee Monjee Institute of Management Studies
•Abstract
In the modern era of trade and commerce, it is unrealistic to think that one person can perform all tasks presented in front of him, on his own. At some point of time, there will be a need to delegate responsibility and find someone who can act as a representative and perform tasks on behalf of another person, to carry out daily commercial activities effectively, and within limited time frame. This person is an ‘agent.’ There are some modes of creation of agency and appointment of agents, that have developed and evolved over the years and since it is recognized to be a very crucial event that occurs on a regular basis in the commercial world, there are distinct and separate laws that have evolved regarding the same. It is highly important that there are well defined ways of creation and appointment of agents because the tasks given to them, to perform, hold a heavy position in regards to who is assigning these tasks and thus, there arises, a fiduciary relationship between the principal and the agent. The Indian Contract Act, 1872, has provisions regarding the various modes of creation of agency, the extent of authority of the agents and the various factors involved in establishing a contract of agency. This paper critically analyses each of the modes of creation and positive and negative implications of the jargon used in the laws, which affects the final interpretation of these laws, and ultimately provides for a few loopholes and questions to come into light regarding the same. This paper also provides a few suggestions regarding the same to complete the analysis.
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26. Analysing the complexity of Emotional Distress in Tort law
By- Gauurikaa Rao, Law Student, KPM School of Law, NMIMS
•Abstract
The law of torts offers compensation to people who have been harmed as a result of the negligent or unlawful actions of others. Among the various types of legal disputes that can arise, some of the most frequently filed cases under tort law include trespassing, assault, violence, negligence, defamation, and nuisance. But one might ponder the following: What about the psychological aspect of these problems? Despite the fact that most of the time we associate tort claims with damage done to either a person or a piece of property, emotional distress is recognised by the law as a distinct kind of injury. This acknowledgement was made possible as a consequence of an increase in societal awareness and comprehension of the severity and the long-lasting effects of mental injury. In the context of tort law, the objective of this research is to investigate the idea of emotional distress and analyse the complexities surrounding it. This research paper also focuses on highlighting the various problems that arise while deciding the compensation framework for cases involving emotional injury and works towards providing suggestions for the same.
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27. Hate speech: Problematization, Prevention or Punishment?
By- Palak Rastogi, Law Student, NMIMS SCHOOL OF LAW, NAVI MUMBAI
•Abstract
India accommodates a diverse blend of religious, linguistic, ethnic and cultural backgrounds to establish a liberal pluralistic form of government. In the context of this diversity, concomitant tensions are inevitable in society. More such tensions are evident in the current political regime of India. The mass usage of social media such as Twitter and Facebook has revolutionised communication and content publishing on one hand and the other hand leading to communalism and polarisation of thoughts and expressions between various communities. The propagation of Hate Speech in the country has become an everyday phenomenon be it online or offline eroding the secular fabric of a sovereign, socialist, and republican country like India. In modern times, Hate Speech has expanded to include anything disparaging, degrading, discriminating, provocative, or even so extreme as to incite and advocate the use of violence or give rise to violent reactions. This can be understood by exploring the recent Haridwar Dharam Sansad Case (Jitendra Narayan Tyagi Vs. State of Uttarakhand(2022)) where speakers allegedly made an inflammatory speech and incited violence against a particular religion, prophet and religious books. Basically, this case addresses the problem of what can be defined as hate speech in relation to the conventional legal frameworks meant to prevent enmity and ill-will between different religions. The case further highlights the constitutional untenability of reasonable restriction as enshrined in Article 19(2) while assessing hate speech as a criminal offence under sections 153A and 298 of the Indian Penal Code, 1860. Therein, the criminal sanction is most suitably employed to curb hatred. However, such practices often lead to over-criminalization– damaging the essent in doing so that can undo the damage that hates speech causes. In the light of the Dharam Sansad case, there seems to be a loose connection drawn between violence and hate speech while stating that “hate speech at the top influences hate crimes at the bottom”. If the court can decipher the amount of violence and enmity from mere words of the speech, why is it that hate crimes are on the rise? Do laws really prevent hate crimes or are merely used by the state to fulfil its agenda of suppression and silencing of dissenting voices?
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28. ARTIFICIAL INTELLIGENCE – RELEVANCE, IMPORTANCE, AND LAW IN INDIA WITH REFERENCE TO LEGAL PROFESSION
By - Anusha Agarwal (Law Student, Amity University Lucknow) & Damini Dubey (Judicial Law Clerk, High Court Lucknow)
•Abstract
Artificial intelligence could be a branch of engineering that aims to make intelligent machines. it's become an important part of the technology industry. The core issues of computer science embrace programming computers sure traits such as information, Reasoning, problem finding, Perception, Learning, Planning, and talent to govern and move objects. information engineering could be a core part of AI research. An AI platform for research will get research completed in seconds and be it a law firm with four hundred professionals or a single active lawyer, AI will balance the expenditure needed for legal research creating a standard of research uniform. It will give lawyers extremely efficient and advanced tools serving lawyers who become higher in advising purchasers or litigating.
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29. LEGAL OPINION : THE APPROPRIATION OF RELIGIOUS SYMBOLS, THEMES, AND THE NAME OF GOD: THE IP LAW CONUNDRUM
By- Arushi Dubey, Legal Associate at Talwar Advocates
•Abstract
There is no intellectually defensible ground for excluding religious perspectives from an academic context committed to promoting the life of mind. These words by George M. Marsden, the famous American historian, in his article ‘A More Inclusive Pluralism’ sums up the goal of this paper. This paper is focused on finding a solution to protect an unconventional subject matter like religious works under intellectual property law. Religious works remain a source of inspiration to people involved in creative arts around the world. However, there is no mechanism in place which can regulate the misappropriation and distortion of these religious works. This paper is an attempt to find a solution to this problem through the application of intellectual property law. Firstly, the paper opens with a discussion on the importance of religious works for the people following the religion. Secondly, the author puts forth the idea that the ideal way to protect religious works from misappropriation is through intellectual property law. This part explores the importance and challenges of doing so. An analysis is made as to which regime under IP law will be most suited to grant protection to religious works. Thirdly the idea that copyright law will be most suited to grant protection to religious works is put forward by the author. In this part, various arguments both for and against this idea are explored. Finally, it is concluded that it is difficult to protect subject matter like religious works under modern copyright law. Protection of unconventional subject matter like religious works is only possible if certain changes, as suggested in this paper are brought about in copyright law.
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30. ACID VIOLENCE IN INDIA: UNDERSTANDING & ANALYSING THE ANATOMY OF THE CRIME UNDER THE DOMAIN OF ARTICLE 21
By- Ms. Pragyan Prasanjita Sahoo, Ph.D. Scholar, National Law University Odisha, Cuttack
•Abstract
Acid violence is becoming a growing phenomenon in India. Where the perpetrator of the crime seeks to throw acid on the victim under deep-seated jealousy, revenge or such other reasons; but it has long-lasting consequences on the lives of the victims. They face perpetual torture by the society, permanent bodily damage, mental agony, get discarded by family members, loose jobs and many more problems for the rest of their lives. Thus, through various legislative measures and judicial pronouncements measures are being taken to curb this menace. Also it has been consistently held that the State has an obligation towards the acid attack survivors to provide them with adequate compensation and such other benefits which could help them for a better survival. However, the principles of equality and dignity are rarely realized for them in practice. Even after passing of the laws and the guidelines of the Supreme Court of India, its implementation is still a huge problem. With this, the research study mainly focuses on analyzing awarding of compensation to the acid attack victims in India, and also to look into other policies, guidelines and such other initiatives taken by the Government. The main aim of this research study is to address and protect the acid attack victims’ right to live with dignity, which particularly focuses on their right to seek adequate monetary compensation and other forms of assistance for a better living.
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