Journal Title : National Journal for Legal Research and Innovative Ideas
ISSN(O):2582-8665
Frequency : Quarterly
Volume : 4
Issue : 4
Period : July - September
1. MARITAL RAPE - A LEGALLY SANCTIONED RAPE IN INDIA
By- Amritpal Singh, Assistant Professor, University school of Law, Sri Guru Granth Sahib World University
•Abstract
Marital rape is such an atrocious practice which is not yet criminalized by many countries and among them India has also created its space. If we consider rape as a crime before marriage then why not after marriage? Many debates and a long legal discussion to criminalize it but the situation is still same. In a civilized society, women must be identical with the separate legal entity, which is directed by the Constitution of India itself in the Preamble. In this article we have explored the every point of view which is needed to be considered to criminalize marital rape. In Section 375 of IPC the definition rape and its limited scope is provided with an exception to marital rape, for which debates are held and disputes arises.
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2. CRITICAL ANALYSIS OF THE JUDGEMENT OF ARUN KUMAR JAGATRAMKA v. JINDAL STEEL & POWER LTD
By- Devangi Chandak, UG Law Student, Christ University, Banglore
Case name: Arun Kumar Jagatramka v. Jindal Steel & Power Ltd.
Citation: (2021) 7 SCC 474.
Court: Supreme Court of India.
Bench: CJI Dr. D.Y. Chandrachud and J. M.R. Shah
•Introduction
The subject matter in the instant case revolves around the provisions of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as IBC/Code), particularly section 29A of the Code and section 230 of The Companies Act, 2013 (hereinafter referred to as the Act). A corporate insolvency resolution process (CIRP) is initiated under Chapter II of the Code when a Corporate Debtor commits a default. During this process, measures are undertaken to rescue the company and maintain it as a going concern. Aligning to the same, the resolution professional, who administers the process, invites prospective resolution applicants to submit resolution plans under S. 25(2)(h) of the Code. Consequently, S. 29A of the Code, provides for the eligibility of a resolution applicant to submit a resolution plan during such process. The ineligibility grounds are formulated by presuming the actions which may aggravate the financial status of the Corporate Debtor. Along the same vein, S. 12A of the Code allows for the withdrawal of the applications filed to initiate a CIRP. This is only allowed when the Adjudicating Authority records a 90% vote of the Committee of Creditors (CoC), reflecting their approval. The purpose of inserting this provision was to facilitate the possibility of settlement between the debtor and its creditors.
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3. THE CONCEPT OF GLOBAL CIVICS – SURROGATES DEBATES
By- Anusha Agarwal & Shrish Kumar Singh, Amity University, Lucknow
•Abstract
The world as a ball of twine. Consider the interconnectedness that image implies, and one understands why increased opinion makers, economists, politicians, and academics have increasingly emphasized the need for global cooperation as the world’s nations and their citizens have become far more interdependent. In September 2008, the collapse of one investment bank in New York triggered a worldwide financial panic and the most serious economic slowdown experienced by the world in decades. In many domains such as financial stability, trade, control of nuclear or chemical weapons, protection against infectious disease, or the challenge of climate change, what happens in one country has major spill over effects on many other countries and often on the whole of humanity. Not everything is global, of course, and one should not forget the power and relevance of the very local; but many key challenges are indeed global and can only be managed with extraordinarily strong cooperation among countries and regions. For international corporation to succeed in our increasingly interdependent world consciousness of being members of a global community has to strengthen, our perception of connectedness and solidarity has to deepen, and, at times, the willing sharing implicit in any community has to extend beyond national flags and borders. This paper will review issues and also explorer whether and how that will happen.
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4.Gender Prejudice in Legality : Gender Discrimination in the Legal Profession
By-Pakhi Tandon, UG Law Student, Christ Deemed to be University, Pune
•Abstract
The problem of gender equality among lawyers has been a theme of serious analysis, study, and action across the world. it's documented that despite women's entrance into a school of law in comparatively equal numbers to men over the past few decades, they continue to be considerably under-represented in positions of leadership and power across sectors of the bar. Progress has come back to a standstill, creating this a very essential time to look at the ways that we tend to conceptualize the matter and rethink the solutions. The bar, as a gatekeeper of equality and as an establishment committed to the preservation of rights, ought to be emblematic of gender equality. Responsibility for addressing the problematic gender dynamics is some things that lie with the whole profession and may be framed as a matter of ethics. To date, the speech on this issue has been comparatively insular associate degree this essay argues for the growth of this speech to incorporate the whole bar. Toward this finish, this essay suggests the statement problem prevailing in the legal profession and all about the gender difference and gender difference in the legal profession, It also talks about the structural differences which is the foundation of the topic and male dominion over women and what is the position within the judiciary and what are the challenges faces by the female legal practitioners, and it concluded with the suggestions to tackle the drawback, Strategies for legal employers and Bar Associations and Strategies for justice systems.
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5. TOOLKIT FOR TRANQUILITY UNDER THE INDIAN PENAL CODE
By- Sakshi Kumari, UG Law Student, Chanakya National Law University
•Abstract
The present research paper explores the intriguing features of the evolution of the criminal justice system, ranging from provisions that streamline the procedure of determining the magnitude and kind of punishment administered, to the speculation of a plethora of ideologies and theories put forth by various thinkers, administrators and philosophers. Nonetheless, the extract is descriptive in nature which, stresses on examining such provisions through the legislative framework of the much-revered, Indian Penal Code of 1860, drafted during the British rule by Lord Thomas Babington Macaulay. The paper lays forth the comprehension of a student, concerning several aspects of punishment through an analysis of the present-day policies, legislation, and its enforcement. It commences with a discussion on the theories that were initially advanced by different intellectuals since time immemorial, representing the primitive society, in order to necessitate allegiance to the early government machinery, while also illustrating the development of theories over the centuries, in order to maintain peace, order, and tranquility in the modern state. Based upon empirical evidence, statutory provisions, and case studies, the study outlines the quantum and nature of punishment inflicted on the person, who violates society through diabolical actions. By the end of the discussion, the paper inculcates a brief synopsis that distinguishes the colonial era legislation from the recently enacted, Bharatiya Nyaya Sanhita.
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6. LEGAL ASPECT OF INTELLECTUAL PROPERTY IN VIDEO GAMES - GAMING SECTOR
By- Muskan Garg, Law Students, University of Petroleum and Energy Studies
•Abstract
The gaming industry has shifted the focus of the legal debates that exist in the connection it has created between video games and intellectual property (IP). This work investigates multi layered legal issues regarding IP disputes arising with reference to video games; with specific aspects as trademarks, video sharing business platforms, and copyright infringement. This research aims to provide a qualitative analysis of the on-going evolution in the IP law regimes in gambling by undertaking a legal analysis of the relevant case laws, legislation and prevalence in the industry. This research contributes to the enhancement of knowledge of the issues and implications arising from I.P. in video games by discussing certain ideas and historical cases and suggesting the further directions.
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7. Critical Analysis of Media and Copyright Issues in Streaming World
By-Adarsh Kumar Singh, BA.LL.B, School of Law, NMIMS Bangalore
•Abstract
The copyright law has taken an advance flight in the modern Indian Scenario wherein foreign companies along with domestic ones have been utilising their rights of creative works through the propositions of copyright law. In the dynamic business world, it serves as a crude proponent of expansion and creative liberty that grants the companies with the autonomous freedom to profit off their creative works. It also helps in creating a demand for property that was inherently created with the sole purpose of distribution. However, the modern technological advancements have led to new ways in which the distribution of such works has been subjected to inherent copying and distribution through illegal means. This is not a new phenomenon in the fast-pacing technological dynamic world of internet wherein the disruption through distribution has been in disputes from the early 20th century with the works of Napster and other illegal companies. This paper presents an opportunity to analyse the framework of copyright law in relation to new and budding companies like Spotify, Pandora, Netflix which have gained a substantial proportion of customer base in the New Digital India revolution. It talks about the various problems that artists face in the implementation of copyright law when it comes to underpayment of royalty distributions, discriminatory distribution of new albums and legal battles that artists have to face in the new digital world of streaming. It also takes into account the debatable original works of remixes and how the artists have to face multitudes of problems when it comes to proving the originality of work in the reproduction of music in terms of remixes and reverbs. Lastly, it provides with feasible options and case laws as to what the court thinks is the right direction to proceed when its arguable copyright claims in relation to film and music works arise.
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8. Navigating Through The Cross-Border Crime In International Relations
By- Shreya Jindal & Abheepsa Mishra, Law Student, Rajiv Gandhi National University of Law, Punjab
•Abstract
This paper explores and tries to navigate through the prevalence of cross-border crimes in International relations, specifically with respect to Latin American, South African and Middle Eastern regions. The paper further analyses the situations prevailing in these countries by using various International Relations theories. This paper tries to bring forth the answers to questions like: What is a cross-border crime? How is a cross-border crime different from a transnational crime? How are different theories applicable in the context of different regions? Do the factors leading to cross-border crime change with changes in regions? The questions were formed to aid in developing a deeper understanding of the issue. The sources used primarily in this paper include various journals, reports and articles published on various platforms. The reports referred to in this paper have been published by the Police authorities in the South African region.
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9. A Case Study on the CSR initiatives of Fast Fashion Brands and its Impact in the Real World
By- Nischita Amod Deshpande, St. Joseph’s College of Law, Banglore
•Abstract
India is among the world's largest producer of textiles and apparel and such a sector contributes nearly 2.3% of the nation's GDP. Fast fashion brands today play a major role in the Indian economy. Moreover, The Companies Act, 2013 provides that it is mandatory for companies covered under sec. 135 to comply with CSR provisions. Hence, amid the rising growth of fast fashion brands and the mandate under The Companies Act, 2013, fast fashion companies have begun undertaking various CSR activities. This paper seeks to make a study on such CSR activities undertaken. Firstly, the paper ventures to understand the concept of CSR in detail, as per the provisions of the companies act. It then seeks to explore the various CSR activities undertaken by fast fashion brands, especially focusing on the case studies of two major global fast fashion giants: H&M and Zara. The paper aims to look at the various CSR strategies undertaken by these brands and analyse the intended as well as real life impact of such activities towards the contribution of social and environmental soundness. Finally, the paper also seeks to evaluate the success metric (or effectiveness) and authenticity of such CSR initiatives. The paper uses a doctrinal methodology of study.
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10. Unlocking Global Markets: The Impact of India's Direct Offshore Listing Reform
By- Kovid Tripathi & Arjit Mishra, Law Students, NLU, Visakhapatnam.
•Abstract
India underwent a wave of liberalization in 1991, a pivotal moment in its economic history. However, the momentum towards economic liberalization continued with the Indian government's decision to further liberalize the Indian stock market in 2020. This move, headed by the Ministry of Corporate Affairs, saw the addition of Section 23(3) and Section 23(4) to the Companies Act, 2013. Through these amendments, Indian companies were granted the opportunity to list themselves on foreign stock exchanges and subsequently raise funds from overseas stock exchanges. This marked a significant departure from the previous regime of Depositary Receipts, unlocking new opportunities for Indian businesses to secure global investment and diversify their funding sources. The implications of this amendment are profound, taking the Indian economy towards the ambitious goal of reaching a 10 trillion-dollar GDP. This essay endeavors to comprehensively explore the multifaceted impacts of this legislative change. It delves into the various global opportunities that have emerged because of this amendment, highlighting the potential for enhanced international investment, cross-border partnerships, and accelerated economic growth. However, it also critically examines the negative ramifications and ambiguities that accompany this amendment. By scrutinizing both the positive and negative aspects of this amendment, this essay aims to provide a nuanced understanding of its implications for India's economic landscape and its position in the global landscape.
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11. BREAKING THE SILENCE: THE PATH TO CRIMINALIZATION OF MARITAL RAPE OFFENCES
By- Sai Sindhura Kongara, Law Student, Presidency University, Bangalore
•Abstract
In spite of having various penal laws, India reports 86 rape cases daily on an average, with the number potentially rising annually. The ‘Marital Rapes,’ which are rapes performed by one spouse over the other without their consent, are included on the other side of this group of rape instances. Due to the long-held belief that wives are subordinate to males and must submit to whatever the husbands say and does, the majority of marital rapes go unreported. There have been numerous discussions over whether such an offense should be made a crime or not as women have begun to assert their rights and file complaints against their spouses who have engaged in non-consensual sexual intercourse with them. However, marital rapes are not currently criminalized. This paper discusses about the identification of marital rape as a punishable offence with reference to provisions of various laws and conventions. Therefore, it is crucial to comprehend marital rapes in India and its judicial interpretation by the courts. Further criminalization of marital rapes is wholly necessary.
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12. A STUDY ON JUDICIAL APPROACH ON INTERFAITH CONVERSIONS THROUGH MARRIAGES IN INDIA
By- Vishal Banga, Ph.D. Scholar, Rajiv Gandhi National University of Law, Punjab
•Abstract
The paper discusses the judicial perspective on religious conversions in India, it highlights the latest current trends in society and judicial approach for forceful religious conversions in the name of marriage. The existence of practice is a challenging issue which lacks evidentiary facts, the apex court has tried to prove by establishing relevant judicial interpretations. The incidents nurtured by political or religious activists is also a point to be discussed in paper. The religious conversions and political and religious group’s agenda of shaping the interfaith marriages into forceful conversion through forceful or coercive means by alluring Hindu or Christian women in India. The landmark judgement of Hadiya case is a crucial part which shadows light on existence of such practices in India. The law and society faced multifaceted challenges in curbing issues based on such conversion based on the ongoing perceptions in the society. The major role players are judiciary, religious activists and political parties based in the available information. The paper establishes the legal reforms and societal perceptions.
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13. Innocence Lost: The Consequences of Forced Prostitution and Trafficking
By- Srishti Bhardwaj, Law Student, Lloyd Law College, Greater Noida
•Abstract
As a primary focus of coerced prostitution and human trafficking in India this paper will delves into its impact on human rights. In this paper, there is a detailed account of exploration of the societal facts that increase the susceptibilities of victims is presented, with addition to a thorough analysis of the historical changes and cultural background contributing in this issue. Examining legal and policy responses to protect victims and hold perpetrators accountable, the study delves into the effectiveness of current measures while also providing an in-depth analysis of India's current scenario. The paper explores the prevalence of forced prostitution and trafficking, the challenges victims face, and the limitations of existing legal and policy frameworks.
In this paper it upholds for an immediate action to remedy the heinous breach of human rights presented by forced prostitution and trafficking, based on the literature and current data. Moreover, to tackle these evils and secure the rights of at-risk communities of the victims. This research paper advocates for swift action to remedy the critical breach of human rights presented by forced prostitution and trafficking, based on an exhaustive examination of literature and data. Therefore, this paper proposes a potential pathway for future to take actions against these sinful crimes and secure the rights of at-risk communities.
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14. THE NEED FOR A UNIFORM CIVIL CODE
By- Pratyush Shaw, Department of Law, University of Calcutta
•Abstract
The paper "The Need for a Uniform Civil Code" discusses in some detail the different personal laws that various religious communities in India have concerning matters of marriage, inheritance, and adoption. It is from this ideal of one legal system applicable to all, removing the personally held laws originating from their respective religions, which have tended toward inequality in particular with respect to the rights of women, that impetus for UCC emanates. Although the UCC finds its placing in Article 44 of the Indian Constitution, it has met with considerable opposition, especially from quarters of communities apprehensive about losing their cultural autonomy. The document identifies how the existing personal laws violate the basic constitutional principles of equality, whether it is the Muslim inheritance law or the restrictions imposed on Parsi women. The UCC will try to correct such disparities, in turn, by giving all citizens equal rights and allowing women and same-sex couples their legitimate rights. A simple way of putting it would be to say that the civil code would help in bridging divisions brought in by religious laws and, consequently, promote national unity. Simplification of the legal system, coupled with natural harmonization with the secular character of India, advances social cohesion and helps build national unity. Thus, the need for a UCC is placed as one that is quite crucial and urgent in updating India's legal system to meet the demands of justice.
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15. A STUDY ON THE VIOLATION OF ROAD TRANSPORT WORKERS’ RIGHTS: BANGLADESH PERSPECTIVE
By- Md. Saleh Akram, Assistant Professor, Department of Law and Human Rights, University of Asia Pacific, Dhaka- 1205, Bangladesh.
•Abstract
Equal pay for equal work, freedom of association and social security, family security are the need of the hour for any civilized state, including elimination of gender disparity in workers. It must be followed by member countries including Bangladesh who are members of the International Labor Organization (ILO) as labor standards are set through it. The purpose of determining this is to maintain uniformity among all the workers in the society without discriminating in employment. Bangladesh Labour Act 2006 was amended in 2013 and Bangladesh Labour Rules 2015 were passed in order to keep these standards intact. Due to the nature of hard work of road transport workers in Bangladesh, their rights do not require special attention, but in reality we notice that their rights are often compromised due to which their conditions are not improving and road accidents are caused due to their negligence which results in road accidents with loss of life. The citizens and government of the country are facing huge financial losses. Although the rights of road transport workers are written in various laws of the country, the problem is that the implementation of these rights is not seen in reality. This paper discusses the rights of road transport workers from a practical perspective, as well as ways to find solutions to the problems in cases where their rights are violated based on the facilities they enjoy. Finally, this paper identified the real problems through primary and secondary examination, and discussed the constructive ways to solve the problem.
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16. A PAR BETWEEN POWER AND PRINCIPLE: BASIC STRUCTURE DOCTRINE
By- Shrishti Shirvas & Diksha Tripathi, Law Students, Narsee Monjee Institute of Management Studies, Indore
•Abstract
The Basic Structure Doctrine was established by the Apex Authority (SC) in the historic Kesavananda Bharati ruling in 1973. Since then it has become a very essential part of our constitution. This study looks at the development and importance of this doctrine, as well as the underlying theories and later court interpretations. It critically examines Article 13, which guarantees that no law, including changes to the Constitution, breaches fundamental rights, and Art.368 which act as a tool at the hands of the government to make changes into the Constitution. The research also focuses at the doctrine's connection to the idea of separation of powers, analyzing the ways in which the judiciary's duty to uphold the core principles of the Constitution interact with the broader structure of governmental authority. This viewpoint highlights the judiciary's capacity to reconcile safeguarding the people from future abuses by the legislative and executive branches. The continuing debate about whether this Doctrine should be expressly included in the Constitution or not is also covered by the research. The study examines the possible advantages and disadvantages of formalizing the idea in constitutional language through a critical analysis of scholarly viewpoints, historical context, and current legal frameworks. This paper provides an in-depth analysis of the development of the Basic Structure Doctrine, its critical relationship with constitutional provisions, and its governance implications in an effort to contribute to the ongoing discussions in India regarding constitutional amendments and the preservation of democratic principles.
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17. A COMPARATIVE ANALYSIS OF REGULATORY FRAMEWORK ON ARTIFICIAL INTELLIGENCE PREVALENT IN EUROPEAN UNION, UNITED STATES AND INDIA
By- Advocate Debasrita Choudhury, LLM, National University of Advanced Legal Studies (NUALS), Kochi
•Abstract
The web generation that we are witnessing unfold around us subsuming every aspect of living, has revolutionised how we perceive everyday life and brought considerable amount of ease, convenience and speed. However, its boons are accompanied by unforeseen banes that pre-existing legal framework cannot address. Since the last few years, the world, which is one global village, has recognised the challenges and demerits that come with rapidly growing technology and applications of Artificial Intelligence. And suddenly legal systems did not have the means necessary to identify and address the contemporary issues and bringing them under the ambit of legal precepts. But law is as organic as society is, always susceptible to change, an ever growing discipline. It is time to legislate on the same and ensure compliance as well as accountability.
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18.AN ANALYSIS OF ASBA UNDER SECURITY LAW
By- Rajni Yadav, Research Scholar, RMLNLU
•Abstract
The term ASBA stands for “Application Supported by Blocked Account”. It is a new mechanism which was introduced by the regulatory body SEBI ( Securities and Exchange Board of India) in the year 2016 which represents advancement and development in the field of Security Law specially with respect to IPOs ( Initial Public Offerings) and other capital market transactions. By the introduction of this mechanism in the security law the investors are not supposed to give any cheque or pay any amount before the allotment of share. So, basically it allows the investors to block their funds in their account till the time of the finalization of the allotment of share. This mechanism has given protection to the investors and brought transparency in the field of Security law by minimizing the risk of fraud related to the mismanagement of the fund. This article explores as to how actually the process of ASBA and IPO works in the security law and it’s impact on the Capital market. It also emphasizes on the advantages of ASBA as to how it has increased the confidence of the investors in this field by increasing transparency and reducing processing time. Additionally, it also discusses the challenges that it faces like technological barriers and due to lack in financial literacy a lot of people don’t know about this. Through comprehensive analysis on the topic of ASBA, this paper seeks to contribute to the discussions going on this topic with respect to protecting the interest of the investors and promoting fair practices in capital market.
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19. DHARMA AND LAW: CROSSINGS AND DIVERGENCES
By- Anumodan Tiwari, UG Law Student, Chandigarh University
•Abstract
This paper explores the intricate relationship between Dharma and Law, examining their historical roots, philosophical foundations, and practical applications in modern society. Rooted in Hinduism, Dharma encompasses a broad spectrum of ethical, moral, and social obligations, as vividly depicted in the epic narratives of the Ramayana and the Mahabharata. Conversely, Law speaks to a codified framework of rules set up by state institutions to regulate behaviour. By analysing these two frameworks, the study highlights their interconnected development, mutual influences, and areas of divergence. Through examples from the Ramayana and the Mahabharata, the paper elucidates how Dharma and Law interact, conflict, and potentially synergize in contemporary contexts. The findings suggest that while Dharma provides a flexible, context-dependent ethical guide, Law offers a structured, universally applicable system of governance. Understanding their convergence and divergence offers valuable insights into creating a more equitable and harmonious society.
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20. MEDICAL NEGLIGENCE IN INDIA
By- Astha Pathak, UG Law Student, Faculty of Law, Banaras Hindu University, Varanasi
•Abstract
Medical negligence has emerged as a significant concern in India, compromising the integrity of the medical profession, which is otherwise considered noble profession. Our experience indicates that this profession is also prone to negligence, leading to severe consequences such as patient death, partial or complete impairment of limbs, emotional sufferings or other forms of misery. In some instances, we can see incompetent or undereducated doctors have exploited innocent patients. The extent of negligence or intentional misconduct by medical professionals has frequently resulted in litigation, prompting this research paper to examine the concept of negligence in the medical profession within the framework of existing laws.
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