Author: PRASANNASRI26092001

THE DOUBLE-EDGED SWORD: PRIVACY AND NATIONAL SECURITY IN A CONNECTED WORLD

AUTHOR – MATHEW S.N & SANTOSH ROSHAN, STUDENTS AT SASTRA DEEMED UNIVERSITY, THANJAVUR

BEST CITATION – MATHEW S.N & SANTOSH ROSHAN, THE DOUBLE-EDGED SWORD: PRIVACY AND NATIONAL SECURITY IN A CONNECTED WORLD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 677-684, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The digital age has transformed, both in terms of national scope and individual impact, the reach of boundaries previously made between national security and personal privacy. This impact can be seen particularly in the development of India’s legislation and policies accompanied by judicial interpretations. Given the threat of cyber espionage and cyberterrorism having multiplied manifold, national security operations have increasingly turned to widespread surveillance and data gathering at the cost of private rights. The rapid diffusion of modern technologies such as AI, blockchain, and IoT further intensifies the tensions and throws up new challenges towards safeguarding personal data. These improve national security capabilities but also unlock vulnerabilities that can expose private information to misuse demanding greater levels of legal protection. This paper critically reviews the nexus between national security and privacy in an Indian context, discussing key legislative frameworks. Deficiencies in the current legal and judicial system as it relates to the balance required for security and privacy are juxtaposed with the fast-emerging challenges of rapidly advancing digital technologies. The other aspect involves the moral and ethical considerations of state surveillance within governance. It argues for a more accountable, open, and proportionate way of governance. The study ended by making some proposals for change; it suggested that there should be strong laws for data protection, judicial check on surveillance, and rights for the individuals as well as risks of cyber space in this highly connected world.

Keywords: Artificial Intelligence, Blockchain technology, Cybersecurity, Internet of things, Personal Data Privacy

BNS 2023: PATH OF JUSTICE OR ENHANCED PUNISHMENT?

AUTHOR – RENGANATHAN V, MANIKANDA GURU S & RITHIK RAJ S, STUDENTS AT SASTRA DEEMED UNIVERSITY, THANJAVUR

BEST CITATION – RENGANATHAN V, MANIKANDA GURU S & RITHIK RAJ S, BNS 2023: PATH OF JUSTICE OR ENHANCED PUNISHMENT?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 674-676, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

                   This article was primarily focus on the new criminal bill which was introduced recently and this paper was  dominantly analyse the impact of implementation of the act named BNS[Bharatiya nyaya sanhita] which was came in the effect of 1^st July 2024 after being passed by parliament in December and we analyse how it  impact the  two main agents of the government  and  how this act is trying to bring the justice and this article is also analysing the various new offences introduced in the BNS and covered related to the organised and cyber offences which was exclusively added in the BNS  and covered the area related to the gender equality and omission of section 377 of IPC  brings gender equality, this all the area that this paper covers. And we have analysed the constitutional impact of BNS as well while analysing the impact of the two main agent of the government  and we have touched about the increase in punishment various offence and new short of punishment which was introduced in the act

Keywords: – Offences, punishment and justice.

SEXUAL HARASSMENT AT WORK PLACE – A BARRIER TO GENDER EQUALITY

AUTHOR – DR. K. GOWRI, ASSISTANT PROFESSOR, GOVERNMENT LAW COLLEGE, TIRUCHIRAPPALLI, TAMIL NADU – 620003

BEST CITATION – DR. K. GOWRI, SEXUAL HARASSMENT AT WORK PLACE – A BARRIER TO GENDER EQUALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 665-673, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

                Sexual harassment is a reprehensible crime committed against women which has a direct impact socially and psychologically.  It has become a common occurrence on women around the globe and India is no exception.  A survey reports that 56% women are victims of sexual harassment at the workplace and 53% women have been subject to sexual comments, gestures, jokes at the workplace^[1]. In order to foster a stable and friendly work environment to encourage women, secure their social and economic empowerment and equitable growth, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013^[2] (hereinafter referred to as POSH Act) was drafted. The need for the Act was very much felt after the Vishaka judgment and it took 17 years after the judgment to enact and implement the POSH Act, 2013. Vishaka vs State of Rajasthan^[3] dealt with such related aspects and the Apex Court defined Sexual Harassment as “including an uninvited or unwelcome sexual favour or sexual gestures from one gender towards the other gender”^[4].

                Harassment on women can be in various forms, especially at work place which is one importance factor contributing to gender inequalities.  This paper concentrates on causes for harassment at work place, legal framework in India, barriers to women empowerment, need to achieve gender equality as a goal of sustainable development and appropriate measures to eliminate discrimination.

Key Words: Sexual Harassment, women empowerment, gender inequality, sustainable development goals, work place.

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[1]https://economictimes.indiatimes.com/news/politics-and-nation/more-than-50-women-professionals-believe-sexual-harassment-at-the-workplace-has-increased-over-the-years-survey/articleshow/69855500.cms, Published June 19, 2019

[2]Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

[3](1997) 7 S.C.C. 323

[4] Vishaka vs. State of Rajasthan (AIR 1997 SC 3011)

COPYRIGHT LAW IN THE AGE OF NFTS: OWNERSHIP AND LICENSING CHALLENGES IN THE INDIAN MARKET

AUTHOR – BOOBESH S, STUDENT AT SASTRA DEEMED UNIVERSITY

BEST CITATION – BOOBESH S, COPYRIGHT LAW IN THE AGE OF NFTS: OWNERSHIP AND LICENSING CHALLENGES IN THE INDIAN MARKET, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 653-664, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Technology is changing at lightning speed, and we are seeing more of digital assets than we have ever before. All this has radically changed the heart of ownership, creativity, and intellectual property. Copyright law that has for long protected creators over works was facing enormous challenge in this digital space. One of the latest buzzwords around is that of Non-Fungible Tokens, which attracted some popular artists, tech enthusiasts, and legal scholars alike. They describe unique digital assets, often tied up with content like art, music videos, and even virtual real estate. Unlike cryptos, where one is just as good as the next, each of these NFTs has a characteristic different from its counterpart and is stored on a blockchain that provides an easily identifiable record of ownership. The underlying purpose of copyright law, much like in most others, is to protect the rights of the creators by making the rights over creations exclusively theirs. These rights shall include reproduction rights, distribution rights, and display rights so that they appropriately collect compensation for their mental work. NFT, however, has brought into question major issues regarding copyright laws around this newness. NFTs have placed digital art and content in a peculiar position that one would consider such assets to be sold, bought, and exchanged as separate properties. Thus, in general, it becomes unclear whether the ownership of the intellectual property that constitutes the NFT is legitimate.

KEYWORDS – Copyrights Act, India, NFT, Licensing, Blockchain Technology

CYBER INSURANCE IN INDIA: NAVIGATING LEGAL FRAMEWORKS

AUTHOR – BOOBESH S, STUDENT AT SASTRA DEEMED UNIVERSITY

BEST CITATION – BOOBESH S, CYBER INSURANCE IN INDIA: NAVIGATING LEGAL FRAMEWORKS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 644-652, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

                Cyber insurance, also referred to as cyber liability or cyber risk insurance, defends against internet-based dangers that have emerged rapidly within a couple of years. Cyber insurance coverage went from covering primarily online software in the 2000s into a broad array of risks that consist of network security breaches, unauthorized access, data loss, and even virus-related incidents. The newer threats of data breaches and ransomware and identity theft have emerged as a vital tool in the cyber insurance risk management. However, this is still quite nascent in India-the regulatory changes, such as the 1938 Act of Insurance and the Information Technology (IT) Act of 2000, providing for utterly insufficient resolutions to stand apart against specific cyber risks. The paper will look at cyber insurance in the law structure of India: key drivers and challenges to its growth. It positions the need for legal reforms-including required breach reporting, a comprehensive Data Protection Law, and standardization of cyber insurance policies. This would therefore also strengthen the legal framework, boost confidence in cyber insurance, support the market’s growth, and improve the general cybersecurity scenario in the country as these threats continue to evolve.

KEYWORDS – Cyber Insurance, India, DPDP Act, IT Act, Insurance Act.

A COMPREHENSIVE ANALYSIS ON THE ROLE OF INTELLECTUAL PROPERTY RIGHTS ON THE PRESERVATION AND COMMERCIALIZATION OF TRADITIONAL KNOWLEDGE AMONG INDIGENOUS COMMUNITIES

AUTHORS – YESHWANTH SHARMA P & TRIVENI T, STUDENTS AT SASTRA DEEMED UNIVERSITY

BEST CITATION – YESHWANTH SHARMA P & TRIVENI T, A COMPREHENSIVE ANALYSIS ON THE ROLE OF INTELLECTUAL PROPERTY RIGHTS ON THE PRESERVATION AND COMMERCIALIZATION OF TRADITIONAL KNOWLEDGE AMONG INDIGENOUS COMMUNITIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 635-643, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Traditional knowledge encompasses the knowledge, inventions, and customs of indigenous and local groups across the world. Traditional knowledge is passed down orally from generation to generation, having evolved from decades of experience and being adapted to the particular culture and environment. This study looks critically at the role of Intellectual Property Rights (IPR) in the preservation and commercialization of traditional knowledge (TK) among indigenous people. While IPR frameworks like patents, trademarks, and geographical indications are intended to protect innovations and creative expressions, their application to traditional knowledge creates difficult concerns about ownership, benefit-sharing, and cultural preservation. This study investigates how intellectual property rights (IPR) systems may either empower indigenous people by providing legal protection and economic opportunity or harm their cultural legacy by commodifying traditional knowledge and encouraging misuse. This research examines the efficiency of IPR in conserving TK and the extent to which these rights match with indigenous peoples’ beliefs and traditions using a review of existing literature, case studies, and legal analyses. It also investigates the difficulties indigenous groups confront while navigating the official IPR system, such as concerns of permission, collective ownership, and access to legal resources. Furthermore, the study investigates alternate models, such as sui generis systems and community protocols, to better accommodate the unique character of TK and encourage fair benefit-sharing. In India, for instance initiatives to conserve traditional medical knowledge through sui generis institutions and benefit-sharing agreements have been undertaken. However, obstacles persist in ensuring effective stakeholder engagement and fair commercialization.

The findings of this study suggest the need for a more nuanced approach to intellectual property rights that takes into account the cultural and social dimensions of traditional knowledge. It advocates for the creation of legal frameworks that are both protective and inclusive of indigenous viewpoints and rights.

Keywords: Intellectual Property Rights, Traditional Knowledge, Traditional Cultural Expressions, Indigenous Communities, Cultural Heritage, Collective ownership.

WOMEN STATUS IN THE INDIAN SOCIETY

AUTHOR – SAMIR HALDER, ADVOCATE & LL.M, DEPARTMENT OF LAW, CALCUTTA UNIVERSITY

BEST CITATION – SAMIR HALDER, WOMEN STATUS IN THE INDIAN SOCIETY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 623-634, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In India, our constitutional rights  and some kinds of discriminations of laws are made for the women’s, not only for remove  the inequalities, but also provides for various status in the society, and also provides various empowering provisions to bring up inferior women in the society for various opportunities. There are many legislations in India which aim not only remove the inequalities but giving punishment for the offenders.in this paper I discussed about  discriminatory laws which are protects the women in India with some policies practices.

THE LINKAGE BETWEEN POSITIVISM AND DOCTRINE OF CONSTITUTIONAL SOVEREIGNTY IN INDIA; A JURISPRUDENTIAL APPROACH

AUTHOR- KASHISH KHANNA, IILM UNIVERSITY, GURUGRAM.

BEST CITATION – KASHISH KHANNA, THE LINKAGE BETWEEN POSITIVISM AND DOCTRINE OF CONSTITUTIONAL SOVEREIGNTY IN INDIA; A JURISPRUDENTIAL APPROACH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 616-622, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Analytical Positivism in jurisprudence centers on understanding the core concepts of law independent of their moral, historical, or societal contexts. Rooted in a systematic and scientific approach, this school focuses on “law as it is,” rather than “law as it ought to be,” analyzing fundamental concepts like sovereignty, justice, and legislative theory. Prominent figures, including John Austin and H.L.A. Hart, argue that law, crafted by political authorities, should be viewed as a factual system rather than a moral construct. Various Indian judicial decisions, such as those based on legal positivism, illustrate this approach, with cases highlighting the distinction between legal rules and justice. Hart’s theory, with its focus on primary and secondary rules, aligns with India’s legal framework, where the Constitution serves as the ultimate standard of recognition. Jeremy Bentham’s utilitarian influence and Hans Kelsen’s “Grund Norm” concept further underscore the importance of the Constitution as a foundational norm in Indian law.  In India, the Constitution’s sovereignty echoes the various ideas of Analytical school’s emphasis on legal authority, establishing the Constitution as the supreme legal standard. While some aspects of Analytical Positivism do not fully apply to India’s diverse legal system, key principles continue to shape interpretations and applications of the Constitution. The enduring legacy of the Analytical School of Jurisprudence lies in its clear articulation of law’s role and authority within an organized legal system, contributing significantly to the foundations of Indian constitutionalism.^[1] Thus, it becomes essential to answer some questions. What is the linkage between the theories of various scholars and the Indian constitution? Is it entirely a positivist idea?  Does the Indian constitution act like a sovereign in India?

Keywords: Positivism, Grund norm, authority, Indian constitution, linkage, sovereign etc.

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[1] Dr. Jai Mala, Seema Rani, Role of Legal Positivism in Democratic Governance in India,  https://www.internationaljournalssrg.org/IJHSS/2017/Volume4-Issue6/IJHSS-V4I6P104.pdf, Last Accessed on 20^th October 2024.

THEORY OF FUTILE EXERCISE

AUTHOR – AKASH TYAGI, LLM SCHOLAR AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – AKASH TYAGI, THEORY OF FUTILE EXERCISE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 610-615, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The principle of audi alteram partem, which translates to “hear the other side,” is a fundamental aspect of natural justice, ensuring that no individual is condemned or deprived of their rights without being provided an opportunity to present their case. However, the judicial and administrative frameworks may recognize that providing a hearing may not serve a meaningful purpose. This is where the theory of futile exercise comes into play. It serves as an exception, allowing courts and administrative bodies to bypass the need for a hearing when it is evident that such a process would not alter the outcome or affect the facts of the case. This research paper explores the origins and theoretical foundations of this theory, examining its application in various judicial decisions in India and globally. Through an analysis of landmark cases such as Aligarh Muslim University v. Mansoor Ali Khan^[1] and Union of India v. Tulsiram Patel^[2], the paper demonstrates how courts justify and limit the use of this theory. The paper also delves into the risks and criticisms associated with its application, emphasizing the need for a balanced approach to avoid undermining procedural fairness.

Keywords: Audi alteram partem, natural justice, futile exercise, exceptions, judicial review, fairness.

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[1] (2000) 7 SCC 529

[2] (1985) 3 SCC 398

OVERARCHING CURATIVE JURISDICTION OF THE SUPREME COURT OF INDIA

AUTHOR – AKASH TYAGI, LLM SCHOLAR AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – AKASH TYAGI, OVERARCHING CURATIVE JURISDICTION OF THE SUPREME COURT OF INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 603-609, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper provides an insightful exploration of curative jurisdiction, a rare and extraordinary judicial mechanism formulated by the Supreme Court of India aimed at rectifying gross miscarriages of justice. Rooted in the Supreme Court’s decision in Rupa Ashok Hurra v. Ashok Hurra & Anr.^[1], the curative jurisdiction framework safeguards the principles of natural justice when conventional remedies fail. The analysis navigates through procedural requirements, foundational principles, and the application of curative powers in various landmark cases, with a particular focus on the recent decision of Supreme Court in Delhi Metro Rail Corporation Ltd. vs. Delhi Airport Metro Express Pvt. Ltd^[2]. This case illustrates a nuanced shift, as the Supreme Court addressed procedural lapses and misinterpretations in its earlier judgment, allowing the curative petition in a commercial dispute—a rare move that raises critical questions about the boundaries of judicial intervention, the finality of judgments, and the sanctity of arbitration awards. Through a balanced critique, this research paper reflects on the evolving dynamics of curative jurisdiction, emphasizing the need for judicial restraint and consistent standards to preserve its credibility and prevent misuse.

Keywords: Curative Jurisdiction, Supreme Court of India, Miscarriage of Justice, Finality of Judgments, Judicial Accountability, Judicial Intervention, Commercial Law.

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[1] (2002) 4 SCC 388

[2] (2024) 6 SCC 357