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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