Journal Title : National Journal for Legal Research and Innovative Ideas
ISSN(O):2582-8665
Frequency : Quarterly
Volume : 5
Issue : 1
Period : October - December 2024
1.EXPLORING WTO'S DISPUTE RESOLUTION MECHANISMS: AN EXIGENCY IN REFERENCE TO INDIA'S TRADE AND REMEDIES
By- Gaurav Yadav, Advocate, Allahbad HC & Saumya Raj, UG Law Student, NUSRL, Ranchi
•Abstract
Trade measures are limit remedy inflict by governments on imports of a product where entire imports have enhanced (safeguard remedy) or imports have been dumped or subsidized (anti-dumping and countervailing remedy, gradually) Anti-dumping, countervailing and safeguard remedy are governed by three distinct agreements connected to the “World Trade Organization” (WTO). The Agreement on the “Implementation of the Provisions of the SCM Agreement”, the SG Agreement, the “Agreement on Subsidies and Countervailing Measures”, and the “Agreement on the Execution of Article VI of the 1994 General Agreement on Tariffs and Trade”, collectively known as the Anti-Tariff Agreement. One of the most important achievements of the “World Trade Organization” (WTO) is generally referred to be the “Dispute Settlement Understanding” (DSU). It is within the scope of the “World Trade Organization” (WTO) to preserve unrestricted trade among its member nations. The WTO bestows a procedure for parties to settle trade disputes with each other via the Dispute Settlement Undertaking (DSU).Whereas GATT also includes provisions for conflict resolution, DSU includes many innovations. Government of India constituted a body “Directorate General of Trade Remedies” (DGTR) to ascertain that the domestic industry is not impacted by unjust trade practices. Anti-dumping and concerned trade measure are the most prominence policy tools that several of the largest importing countries in the WTO system use to banned international trade. Whereas such trade measures are also often aim for dispute settlement action under the WTO, given that panel and appellate body verdict. Through this author discuss the India and trade remedies and what was the mechanism to solve the trade related disputes between the nations and also discuss with the WTO dispute resolution system.
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2. Law of Love: Exploring the Legal Implications of Same-Sex Marriage
By- Piyanshi Garg, LLM Candidate, IILM University, Greater Noida
•Abstract
This research paper delves into the complex legal landscape surrounding same-sex marriage, tracing its historical evolution, examining key legal challenges and victories, and analyzing the far-reaching societal implications of this significant milestone in human rights. By exploring the legal implications of same-sex marriage across various domains, including adoption, inheritance, tax, and workplace discrimination, this paper seeks to contribute to a deeper understanding of the ongoing struggle for equality and justice for LGBTQ+ individuals.
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3. Analyzing the Role of IBC in Developing the Credit System in India
By- Shashwat Shivam, UG Law Student, Symbiosis Law School, Pune
•Abstract
In this contemporary era, economic development is considered to be an important key factor in the development of any nation. Economic development is also a step that is considered in moving ahead towards being counted as a developed nation. The development in the credit market and economic growth have a significant causal link. A well-established credit market successfully reallocates the resources towards a faster economic development while also fueling the credit market expansion. Credit Culture is a one-of-a-kind blend that unifies the credit approach and serves as the foundation for the credit discipline.
The Insolvency and Bankruptcy Code, 2016 was enacted with the objective and purpose of setting boundaries in the country's credit culture. The Code has shown to be a powerful economic reform in reviving corporate entities that might otherwise face liquidation. It has resulted in a total reversal of current practices, resulting in a complete change from recovery to resurrection. This Code in and of itself has played a pivotal role in assuring the growth of India's credit sector. But the major question which is raised in many people’s minds is HOW? In this manuscript, we have majorly studied and discussed how is the Insolvency and Bankruptcy Code plays an important role in developing the Credit System in India. We have also discussed the nexus between the Insolvency and Bankruptcy Code and the development of the Credit Market in India. We have also drawn a comparative analysis between the Pre IBC and Insolvency and Bankruptcy Code Regime and how the latter has been better fostering the credit market in the Country.
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4. Historical Background and Development of Section 498A IPC 1860
By- Piyanshi Garg, LL.M Candidate, IILM University, Greater Noida
•Abstract
Cruelty incidents were common in the past as well, with incidents like stripping and shaming women particularly occurring among women from lower castes. However, no such studies on women and marital cruelty were conducted. As a result, the evidence available before the British Era is somewhat limited. Marriage and family have played a significant role in India's pre- and post-independence movements. In addition to highlighting and criticizing the methods by which the state disapproved of and ignored acts of cruelty, the women's movement of the 1970s and 1980s focused on attacks on women as internal family cruelty. Concern over women interfering with the increase in young women's deaths from "accidental kitchen fires" led to the enactment of Section 498A in 1983. Later, it was discovered that the deaths were brought on by married women being harassed for their dowries. Additionally, in 1986, Section 304B—also referred to as "dowry death"—was added to the IPC. The Dowry Act of 1961 was strengthened by implementing the current remedies. Since then, women have used Section 498A to report cruelty and other abuses. This was the only available cure until 2005. Reporting it to the local police station proved to be challenging for women. This paper further examines the Historical Background and Development of Section 498A IPC 1860.
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5. Safeguarding Gender Equality: The Impact and Challenges of the POSH Act, 2013
By- Chirag Arora & Arjun Arora, LLM Candidates, IILM University, Greater Noida
•Abstract
Introduced in India in 2013, the Prevention of Sexual Harassment (POSH) Act, 2013 is a historic legislation intended to promote gender equality, stop sexual harassment at work, and make the workplace a safe and friendly place for all employees.. An important milestone in India's efforts to shield people—especially women—from harassment in the workplace is this Act, which is a legislative reaction to the Supreme Court's Vishaka guidelines. The POSH Act stipulates that in order to address sexual harassment allegations, businesses must establish Internal Allegations Committees (ICCs) and Local Complaints Committees (LCCs) at the district level. Additionally, employers must inform staff members of their legal rights and obligations.
The present research examines the effectiveness and influence of the POSH Act since its creation, analysing the advantages and disadvantages of its provisions. This study examines the difficulties in carrying out the Act's requirements, such as a lack of knowledge, insufficient instruction, and uneven compliance, by examining how the Act is applied in a variety of contexts, including companies, universities, government agencies, and informal workspaces. The study also looks into how gender biases and sociocultural variables can limit the effectiveness of the Act by weakening the reporting and resolution process.
POSH Act in evolving workplaces, this study reviews important case studies and landmark judicial rulings. Important topics are also covered, calling attention to areas that require improvement and protection gaps, including claims of misuse, low reporting rates, and problems unique to the goal to show how courts have contributed to the interpretation and execution of the unorganized sector.
Last but not least, the study makes suggestions for improving the POSH Act, such as improved training initiatives, uniform enforcement protocols, recurring evaluations of ICC operations, and more government supervision. These changes are necessary to uphold the goals of the Act and guarantee that all workplaces, irrespective of size or industry, preserve a harassment-free atmosphere where each person feels respected, safe, and empowered.
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6. Maintenance as Punishment: A Critique of Section 125 CrPC Through a Gender Lens
By- Arjun Arora & Chirag Arora, LLM Candidates, IILM University, Greater Noida
•Abstract
A crucial piece of Indian legislation is Section 125 of the Code of Criminal Procedure (CrPC), which aims to give dependent family members—such as spouses, kids, and parents—financial support. In the past, Section 125 has played a significant role in helping women and children when men—who are usually the principal breadwinners—leave their households. However, because of instances of abuse where men have been the targets of inflated or fraudulent maintenance claims, the interpretation of Section 125 CrPC has come under investigation in recent years. In addition to causing serious financial and psychological suffering, these claims—which are frequently brought up during marital conflicts or divorce proceedings—may also cast doubt on the impartiality and fairness of this judicial remedy.
Through an analysis of the societal, economic, and legal variables that contribute to their prevalence, this research explores the subject of fraudulent maintenance claims against men. Through an examination of several cases and court rulings, we investigate how some claimants abuse the clause, taking advantage of Section 125 to obtain financial gain or power during divorce procedures. Such abuse frequently places males, particularly those from middle-class or lower-class families, under unnecessary financial strain, endangering both their financial security and mental well-being. This paper looks at particular situations where courts have found this kind of exploitation, stressing the judiciary's position on false claims and the inconsistent application of Section 125 in various jurisdictions and circumstances.
The article also describes the legal options open to males who have been wrongfully accused of financial neglect or desertion. These remedies include proving the wife's sufficient self-sufficiency, opposing the claim's legality, proving bad faith or malicious purpose, and presenting proof of the man's inability to pay the claim. However, men still bear a disproportionate amount of the burden of proof because they must demonstrate either the claimant's independence or their own incapacity, which can be difficult given societal norms and the frequently arbitrary definition of "maintenance."
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7. LEGAL STATUS OF WIDOWS OF HUF IN INCOME TAX SYSTEM
By- Shivya Malhotra, UG Law Student, UPES Dehradun
•Abstract
The word ‘Hindu’ preceding the words ‘undivided family’ signifies that the undivided family should be of those to whom Hindu law applies. The term ‘Hindu Undivided Family’ refers to a Hindu Joint Family as understood in the personal laws of Hindus. It covers all schools of Hindu Law.
A Hindu Undivided Family (HUF) consists of all persons lineally descended from a common ancestor including their wives and unmarried daughters. Daughters born in the family are its members till their marriage and women married into the family is presumed to be undivided unless the contrary is stated. An HUF may consist of a single male members and widows of deceased male members. Even after the death of a sole male member, until the property of the HUF remains in the hands of the widows of the members of the family. And is not divided between them the family continues to be the joint family.
The legal status of widows within a Hindu Undivided Family (HUF) under the Indian income tax system is an evolving area of law that balances traditional family structures with modern legal principles. This article will try to attract the interest of the reader towards the in-depth analysis of the rights and obligations of widows in the context of an HUF, particularly focusing on their recognition, share, and tax implications.
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8. CORPORATE SOCIAL RESPONSIBILITY: INDIA'S LEGAL MANDATE AND GLOBAL PRACTICES
By- KAVINILA.S & BHUVANESH.J, Law Students, THE TAMILNADU DR AMBEDKAR LAW UNIVERSITY
•Abstract
In the growing business world, corporate social responsibility has become a significant aspect of corporate governance, urging companies to contribute to social and environmental well-being. India has established an extensive CSR mechanism, which has set a standard for achieving sustainability goals and encouraging stakeholder activism in the nation's development. Also, The Companies Act, of 2013 made it mandatory for companies to engage in CSR, making our country the first in the world to do so legally. Deriving data from official websites and other second-hand sources, this article explores the reasons behind the mandate of CSR in the Indian legal system reflecting on its impact on both the businesses and society. It also examines India’s mandatory CSR framework by comparing it with voluntary CSR practices in other countries. Furthermore, this article aims to conclude whether this practice of mandatory CSR has achieved its intended purpose.
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9. The SARFAESI Act: A Double-Edged Sword
By- Shagun Sharma, LLM Candidate, IILM University, Greater Noida
•Abstract
The SARFAESI Act, also known as the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, is a crucial piece of law in the financial sector of India. The SARFAESI Act, which was enacted primarily to improve the health of the banking industry and expedite the debt collection process, has had a significant effect on borrowers and financial institutions. But its application has generated discussions and worries about whether it could be a good or a bad thing. On the one hand, there is no denying that the SARFAESI Act has helped to keep the financial system stable. Banks and other financial institutions are no longer burdened with Non-Performing Assets (NPAs) because to the Act's quick and effective debt collection process. As a result, banks have been able to recycle money and give credit to worthy borrowers, boosting economic expansion. Additionally, by offering a legal framework for the transformation of illiquid assets into marketable securities, the Act has been instrumental in the growth of India's securitization market.
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10. Marital Rape in India: A Betrayal of Trust and a Legal Blind Spot
By- Vidhi Agrawal & Aakansha, LL.M. Students, IILM University, Greater Noida
•Abstract
This study examines the important problem of marital rape in India, a serious human rights abuse that is not sufficiently addressed by the country's current legal systems. Even though the Bharatiya Nyaya Sanhita, 2023, recognizes rape as a serious crime, the continued legal exemption for husbands, which shields them from prosecution for raping their wives unless the victim is a minor, upholds the values of bodily autonomy and dignity and fosters a culture of impunity. This study uses the constitutional safeguards of Articles 14, 15, 19, and 21 to support its urgent need to punish marital rape by overturning the antiquated laws that permit this legal blind spot. The article exposes the inconsistencies in the Indian legal system, which, despite recognizing the fundamental right to life and personal dignity, does not shield women from sexual abuse in marriage. It does this by critically examining important cases and current legislation. The results highlight the need for legislative change to guarantee that marriage remains a partnership based on equality and respect for one another rather than serving as a cover for abuse.
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11. Navigating Third-Party Funding in Indian Arbitration: Challenges and Solutions
By- Kovid Tripathi & Vaibhav Sharma, Law Students, NLU Visakhapatnam
•Abstract
This article delves into the intricacies of Third Party Funding (TPF) in Arbitration focusing on its development, challenges, and prospects in India. TPF allows financially disabled individuals to seek legal aid by accepting funds from external financiers in exchange for a share of the arbitral award amount. In this article, the authors aim to offer a comprehensive overview of third-party funding in arbitration in India, exploring its historical origins and evolution. They delve into the ancient roots of third-party funding, tracing back to ancient Greece and Rome, where financiers supported legal disputes in exchange for a share of the settlement. The article also delves into the judicial perspectives on TPF in India, highlighting key court rulings that have shaped its legal status and emphasizing the need for a well-organized regulatory framework. Furthermore, the authors address the challenges and concerns associated with TPF practice in India, while also examining best practices worldwide. Through this exploration, the Article aims to shed light on the complexities of TPF in arbitration and advocate for a more structured and transparent approach to ensure fairness and integrity in the legal system.
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12. Data Privacy And Protection in Inida: A Comprehensive Analysis
By: Shreeji Saraf, IILM University, Greater Noida
•Abstract
In today’s digital world, data has become an invaluable asset as it governs one’s personal, social, and economic connections. For this reason, it becomes necessary to ensure a strong data privacy and protection mechanism. This paper covers the comprehensive analysis of the data privacy and protection in India starting from the Information Technology Act, 2000, which had laid the foundation for cybersecurity but lacked particular provisions related to privacy, which resulted in the enactment of the Digital Personal Data Protection (DPDP) Act, 2023. The paper even discusses the judicial decisions relating to the right to privacy, particularly the Supreme Court’s ruling on the historic case of Justice K.S. Puttaswamy (Retd.) v. Union of India, which acknowledged the right to privacy as a fundamental right under Article 21 of the Constitution. The paper even highlights the importance of data privacy laws, which are eventually essential to prevent identity theft, data breaches, and misuse of personal data.
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13. SUSTAINABLE DEVELOPMENT THROUGH THE LENS OF INDIAN ENVIRONMENTAL LAW
By- Pawan Deep Singh, LLM Candidate, IILM University, Greater Noida, UP, India
•Abstract
India’s rapid economic growth has brought with it a range of environmental challenges, making it crucial to examine how the country’s laws support sustainable development. This paper takes a closer look at key legislations like the Environment (Protection) Act, 1986, the Forest (Conservation) Act, 1980, and the Wildlife (Protection) Act, 1972, alongside initiatives introduced by the government to work toward a more sustainable future. It explores how these laws tackle pressing issues like pollution, deforestation, and the loss of biodiversity, while also addressing the challenges of weak enforcement, limited public participation, and the struggle to balance economic growth with environmental preservation. The paper also discusses how principles such as the precautionary principle and the polluter pays principle have shaped these laws and offers practical recommendations to improve their effectiveness in supporting India’s journey toward sustainable development.
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14. HUMAN RIGHTS OF PRISONERS AND JUDICIAL INTERVENTIONS
By- Aprajita, LLM Candidate, IILM University, Greater Noida
•Abstract
Imprisonment involving denial of liberty of the individual signifies the societal disapproval of the violation of law by him. As such it cannot be denied that it has some punitive content and the system expects the prisoner to suffer some disabilities including his freedom of movement. Therefore one cannot expect the state of life in prison to be the same as in the free world. Restrictions on freedom are inevitable. Despite this position the system cannot ignore the fact that a prisoner is also a human being. Basic necessities of a human being should not be denied to him. Public interest in punishing him must be served. Indeed it is also in public interest that the individual is treated in dignity. So the law should strive to strike a balance between these equally competing interests. The present state of affairs in prisons are not conducive to strike this balance. The pathetic conditions of prisoners are not confined to India alone. This can be seen everywhere throughout the world. Brutality committed on prisoners are rampant everywhere. There is a tendency to degrade and insult prisoners. These people have to live under great disabilities imposed by the society. Under the mantle of discipline there is the senseless infliction of solitary confinement or confiscation of anything that could give semblance of recreation. This makes the prisons unpopular. Amidst such a scenario the prisoner rights assume significance. Identification of the essential rights a prisoner can claim during his incarceration is essential at this juncture. Various incidental rights available to prisoners are also to be identified keeping in view the fact that these rights cannot be made available to the prisoners in full as such a situation may defeat the very purpose of imprisonment. The courts have been doing their best to strike a balance between the conflicting interests. It is proposed to examine how much the courts have been successful in identifying and effectuating these rights.
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15. THE RIGHT TO FOOD UNDER THE INDIAN CONSTITUTION AND ITS CONTEMPORARY RELEVANCE IN INDIA
By- Suchana Sen, Student, B.Sc. LL.B (H), KIIT School of Law
•Abstract
The twin challenges of Poverty and Hunger have plagued human kind since time immemorial and are intrinsic deprivations which severely diminish the quality of life of a human being. Given the most demeaning of human deprivations, there is a close interaction between hunger and poverty. Hunger is a blemish, a humiliation and defacement upon humanity, a pronounced deprivation and manifestation of poverty. Hunger is not only painful; it cuts at the very dignity of the human being. Chronic hunger is devastating as it claims more victims across the world and chronically hungry people are exceptionally vulnerable as they have fewer resources to protect themselves. While the world has made progress in reducing hunger in recent decades, the state of hunger is still serious or alarming. In the globalized world of the 21st century, with more than enough food produced to feed all of its 7 billion inhabitants, there are still over 800 million poor suffering from chronic under nourishment and millions of deaths due to hunger go unnoticed. The Food and Agriculture Organisations statistics confirm that the world produces enough Food to feed estimated 9-10 million population in 2050. Yet it is scandalous that millions of people still strive to death due to hunger. Eradicating hunger and poverty is not only a question of finding resources, it is also a question of challenging structural injustices and inequities of power that allow human rights abuses to take place. It is also a question of challenging economic inequalities and adopting a principled and fair approach to global economic trade Commitment to food as a right which entails obligations on Governments to ensure freedom from hunger for all people at all times. Combating hunger is more than a moral duty, a legally binding human rights obligation.
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16. Right of Victim in Criminal Justice System: A Comparative Study Around The Globe
By- Aprajita, LLM Candidate, IILM University, Greater Noida
•Abstract
The place of victim in the criminal justice system has always been nominal one as it is today. Though the criminal justice system has changed its purview and the legislature and courts have been playing a significant role in the expansion of the rights of victims of crime in the criminal justice administration of the country, yet the victims have not received their due concern and their rights have not been given due importance. The study on the status of victim in criminal justice in the preceding chapters reveals a harsh truth that the victim is not getting the attention which he ought to have got. He is almost a forgotten man in the system.
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17. FREEDOM OF SPEECH VS. NATIONAL SECURITY: STRIKING THE BALANCE UNDER ARTICLE 19
By-Nikita Baloda, UG Law Student, NMIMS, Navi Mumbai
•Abstract
The biggest problems in constitutional law are the tension between freedom of speech and national security. Freedom speech and expression is regarded as essential to both individual liberty and for the advancement of society in a democracy. The Article 19(1)(a) guarantees citizens freedom to raise their thoughts, dissent, and opinions without worrying about reprisal from the government. In situations where speech may threaten public order, national security, or national sovereignty, Article 19(2) provides with the reasonable restrictions for the same. It has always been a challenge to maintain a balance between protecting the state and safeguarding citizens' right to freedom of speech. Sometimes governments used security concerns more to restrict freedom of speech, for a contentious manner, in response to growing risks to national security, whether they came from terrorism, internal conflict, or false information. The judiciary also makes sure that these limitations don't go too far in upholding democratic principles and safeguarding state interests.
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18. Analyzing The Role Of Social Media And AI In Crime Prevention
By- Shashank Shekhar & Ishita Chopra, UG Law Students, Chandigarh University
•Abstract
Social media has become a potent instrument in investigating and preventing criminal activity in recent years. In the context of India, where the quick spread of social media platforms such as Facebook, X, and WhatsApp has revolutionized communication and information sharing, this paper examines the complex role of social media in crime prevention and investigation of crimes that occurred having social media as an integral part of the crime. This paper examines the merits and disadvantages of using social media to fight crime in India by examining case studies, legislative frameworks, and technological advancements. Social media has ingrained itself into daily life due to the quickly advancing technology and shifting environment, necessitating the creation of laws and regulations to stop unlawful activity on these platforms.
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