Author: PRASANNASRI26092001

BALANCING JUSTICE: STATUTORY INTERPRETATION AND INDIGENOUS RIGHTS

AUTHOR – MR. AJAY GAVNER SARODE, STUDENT AT DES’s SHRI NAVALMAL FIRODIYA LAW COLLEGE, PUNE

BEST CITATION – MR. AJAY GAVNER SARODE, BALANCING JUSTICE: STATUTORY INTERPRETATION AND INDIGENOUS RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 475-485, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Balancing Justice: Statutory Interpretation and Indigenous Rights. Indigenous rights have a long and complex history. From the colonial era to modern times, indigenous communities worldwide have faced dispossession, discrimination, and marginalization. The struggle for recognition and justice has been ongoing, with significant milestones such as the United Nations Declaration on the Rights of Indigenous Peoples. Currently, indigenous rights are recognized at both national and international levels. Many countries have constitutional provisions, legislation, and court decisions that protect indigenous rights. However, challenges persist, including land disputes, cultural preservation, and economic empowerment. Statutory interpretation plays a crucial role in shaping the legal landscape for indigenous communities. It involves analysing laws and regulations to understand their intent and impact. In the context of indigenous rights, statutory interpretation can determine the scope of land rights, cultural protections, and access to resources. Despite legal advancements, grey areas remain. Questions arise about the adequacy of existing legal frameworks. Addressing conflicting statutes and cultural nuances. These gaps necessitate focused research to bridge the divide between legal theory and indigenous realities. Our hypothesis is that while current legal infrastructure provides a foundation, it falls short in addressing the unique challenges faced by indigenous communities. We believe that a deeper understanding of statutory interpretation can lead to more effective legal solutions. To enhance indigenous rights, we propose several reforms: Customary Law Integration to Recognize and incorporate indigenous customary laws alongside statutory provisions. Land Title Clarity to Clarify land title procedures to prevent disputes and ensure secure land tenure. Cultural Heritage Protection to strengthen legal protections for indigenous languages, traditions, and sacred sites. Our aim is to contribute to the ongoing discourse on indigenous rights. By researching statutory interpretation, we seek to raise Awareness and Highlight the importance of legal clarity for indigenous communities. Empower Advocacy and Equip policymakers, lawyers, and activists with insights to champion indigenous rights.

Keywords:Advancements, Customary Law, Culture, Indigenous Rights, Statutory Interpretation.

FEDERALISM: SOCIOCULTURAL CONTEXTS AND IMPLICATIONS FOR GOVERNANCE

AUTHOR – AKANSHA, STUDENT AT IILM GREATER NOIDA

BEST CITATION – AKANSHA, FEDERALISM: SOCIOCULTURAL CONTEXTS AND IMPLICATIONS FOR GOVERNANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 465-474, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Sociocultural contexts. Federalism represents a political system of government in which authority is divided between the central power and regional ones such as states or provinces. The subdivision of authority allows for an equilibrium between oneness and multiplicity where dissimilar areas may enjoy various degrees of powers within the limits of a primary framework. In addition to promoting regional governments autonomy over their own affairs tailored to their realities, federalism does democratize good governance through popular participation and enhanced accountability. But this arrangement has its setbacks, including possible conflicts arising from both federal and state laws coming into play at the same time; discrepancies among zones as far as wealth distribution is concerned; as well as representation issues (such as under-representation). For effectiveness in determining thus hence forward communitarity historical/cultural/socio-political variables should be taken into account which have proven successful in changing societies.

Keywords:  Federalism, Decentralization, Autonomy, Governance, State, rights, Central authority, Regional, government, Constitutional, framework, Political structure Intergovernmental, relations, Local governance, Democracy, Representation, Power, distribution, Legal conflict, Policy diversity, Socio-economic disparities, Unity vs. diversity, Historical, context, Comparative federalism, Constitutional Framework, Socio-economic Disparities.

SOCIO-LEGAL ASPECTS OF NECROPHILIA IN INDIA AND UNITED STATES OF AMERICA: A COMPARATIVE STUDY

AUTHOR – VARSHA BHAUSAHEB AROTE, STUDENT AT N. B. THAKUR LAW COLLEGE, NASHIK, SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE, MAHARASHTRA.

BEST CITATION – VARSHA BHAUSAHEB AROTE, SOCIO-LEGAL ASPECTS OF NECROPHILIA IN INDIA AND UNITED STATES OF AMERICA: A COMPARATIVE STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 445-450, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research is a comparative analysis of necrophilia between India and the U.S.A. These two countries’ legal, artistic, and social confines differ greatly. In the U.S.A, where necrophilia is a felonious offense distributed under the laws related to the irreverence of the corpses, having concentrated on the postmortem concurrence issues. In India, no separate law has explicitly defined necrophilia but it comes under section 301 of Bhartiya Nyaya Sanhita, earlier section 297 of Indian Penal Code. Necrophilia is no new conception, as both countries have seen cases of necrophilia and have dealt with the cases with or without any unequivocal laws. The research paper not only claws into the legal perspective of both countries but also includes the social and ethical aspects of necrophilia.

KEYWORDS : necrophilia, crime, corpses, disorder, dignity, sexual offences.

ELECTRONIC CONTRACTS AND TORTS IN UK AND INDIA’S PRIVATE INTERNATIONAL LAW – A COMPARATIVE STUDY

AUTHOR – RUDHRAN.S, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMIL NADU DR AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – RUDHRAN.S, ELECTRONIC CONTRACTS AND TORTS IN UK AND INDIA’S PRIVATE INTERNATIONAL LAW – A COMPARATIVE STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 451-464, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTROUCTION

Electronic contracts (e-contracts) are legally binding agreements formed via electronic means such as email, online platforms, or digital signatures. Unlike traditional contracts, e-contracts don’t rely on physical documentation but are governed by the same basic principles, such as offer, acceptance, consideration, and mutual consent.^[1] In the context of private international law (PIL), e-contracts introduce complexities due to their cross-border nature, where parties may reside in different jurisdictions, and the governing law and court of jurisdiction may become contentious. Types of e-contracts include clickwrap agreements (where users click to accept terms) and browse wrap agreements (where terms are implied by continued use of a website).^[2]

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[1] CHOICE-OF-LAW AGREEMENTS IN INTERNATIONAL CONTRACTS Gary Born* and Cem Kalelioglu (P49-72)

[2]CHOICE-OF-LAW AGREEMENTS IN INTERNATIONAL CONTRACTS. (2021). In GA. J. INT’L & COMPAR. L. (Vol. 50, pp. 44–118)

A STUDY ON THE CORRUPTION AUTHORITIES IN INDIA – SPECIAL REFERENCE TO LOKPAL AND LOKAYUKTA

AUTHOR – MADHUMITHA K, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – MADHUMITHA K, A STUDY ON THE CORRUPTION AUTHORITIES IN INDIA – SPECIAL REFERENCE TO LOKPAL AND LOKAYUKTA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 439-444, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

In India, corruption tends to be an ongoing obstacle to the growth and governance, deteriorating both the advancement of democratic institutions and the economy.  Corruption erodes confidence, hinders progress in the economy and makes inequality worse. This article offers a comprehensive look of India’s anti-corruption initiatives, highlighting the intricacies and potency of prevailing frameworks. It focuses on significant bodies like the Lok Pal and Lok Ayukta assesses how effective they are in combatting corruption, the potential difficulties faced by these institutions including absence of complete administrative and operational support, both entities have boundaries on their authority and jurisdiction, which might make it more challenging for them to handle cases. Inquiries and decisions are further delayed by lengthy legal procedures and bureaucratic stagnation. Their fairness and impartiality may be compromised by political involvement and their overall impact could be hampered by insufficient financing and low public education. All these aspects altogether weaken the Lokpal and Lok Ayukta’s capacity to effectively combat corruption and hold public servants responsible. This study analyzes the structural problems that hinder anti-corruption attempts, evaluates how they affect trust between the public and government.

Key words: Corruption, Lok Pal, Lok Ayukta, Public servants, Fairness.

JUDICIAL CONTRIBUTION ON RIGHTS OF WOMEN WORKERS IN THE UNORGANIZED SECTOR IN INDIA VIS-À-VIS UNADDRESSED CONSTRUCTION SECTOR – A CRITICAL STUDY

AUTHOR – DR D KANNAN, ASSISTANT PROFESSOR OF LAW (SG), SCHOOL OF EXCELLENCE IN LAW, TAMIL NADU DR AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – DR D KANNAN, JUDICIAL CONTRIBUTION ON RIGHTS OF WOMEN WORKERS IN THE UNORGANIZED SECTOR IN INDIA VIS-À-VIS UNADDRESSED CONSTRUCTION SECTOR – A CRITICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 432-438, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Judiciary interprets laws related to labour rights, including those concerning women workers and their rights which ensures their enforcement of such right. The Courts can provide legal remedies to aggrieved women workers who face violations of their rights, such as non-payment of wages, harassment, or unsafe working conditions. The Judiciary acts as a guardian of their rights and safeguard against exploitation and abuse faced by the women workers. Courts can intervene to prevent and address instances of physical, emotional, or sexual abuse, ensuring accountability for perpetrators and providing protection to victims. The Courts can monitor Government organizations in discharging of their duties like carrying out labour laws and welfare programs for women workers.  Judicial activism ensures that the enforcement of their obligations and allocate resources effectively to protect the rights of women workers. The judiciary serves as a crucial guardian of women workers particularly in the unorganised sector. It protects their rights by interpreting and enforcing laws, delivering landmark judgments, engaging in judicial activism, in order to safeguard their right against exploitation, recognizing rights, monitoring government actions, and contributing to legal advocacy and awareness. Through these actions, the judiciary plays an important role in advancing the cause of social justice and securing gender workers in India. This paper is going analyse the rights of the women workers in the unorganised sector in India through judicial response with untold story of construction workers.

Key Words:  unorganized sector, Supreme Court of India, construction workers, labour rights, women workers

DIFFERENCE BETWEEN INDIAN CONTRACT ACT AND ENGLISH CONTRACT LAW

AUTHOR – MR. RUSHIKESH K. PATIL, STUDENT AT DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – MR. RUSHIKESH K. PATIL, DIFFERENCE BETWEEN INDIAN CONTRACT ACT AND ENGLISH CONTRACT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 418-431, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Difference Between Indian Contract Act and English Contract Law.  The legal systems of India and England share a historical connection rooted in colonialism. The Indian Contract Act of 1872 was influenced by English contract law, a legacy that shapes the contractual landscape in both jurisdictions.  Currently, Indian contract law and English contract law coexist, each with its nuances. While India’s legal framework has evolved with amendments, English contract law continues to be a benchmark globally. The present status reflects a dynamic interplay between tradition and adaptation in contractual regulations.  The research delves into the comparative analysis of Indian Contract Law and English Contract Law. It aims to unravel the similarities, differences, and evolving dynamics between these legal frameworks governing contractual relations in two distinct jurisdictions. (Research Problem) Gray areas persist in understanding how cultural, historical, and socio-economic factors influence the interpretation and application of contract law in India and England. The need for this research arises from the potential conflicts and challenges people face when navigating contracts across these jurisdictions. the existing legal infrastructure adequately addresses the challenges arising from the divergent historical, cultural, and economic contexts of India and England. Potential disparities may require a more nuanced and context-specific approach to ensure fairness and efficacy.  Possible reforms include harmonizing certain aspects of contract law to facilitate smoother cross-border transactions, providing clearer guidelines for dispute resolution in international contracts, and fostering a mutual understanding of legal principles between the two jurisdictions. These reforms aim to enhance legal certainty and promote cross-border business interactions. The research aims to foster a deeper understanding of the legal intricacies between Indian and English contract law, recognizing their shared history and contemporary differences.

Keywords: Comparative Analysis, Contract Law, Cross-border Transactions, Legal Frameworks, Reforms, Shared History

ADMINISTRATIVE LAW AND PRINCIPLES OF FAIR HEARING

AUTHOR – AKASH K, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – AKASH K, ADMINISTRATIVE LAW AND PRINCIPLES OF FAIR HEARING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 413-417, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The current study focuses on the Fair Hearing Rules in the context of Administrative Law.  Public authorities, in this case, must explain the decisions that they make for the public good and the fairness of the decision to the average man as a reasonable owner would do.  The case of Re Haughey was a watershed moment that established the fundamental components of natural justice even in cases involving the infringement of rights and liberties including the right to one’s own reputation as enshrined in the Constitution.  Any action taken contrary to the rules of natural justice is tantamount to a breach of the fundamental right guaranteed under Article 21 of the Constitution. – Justice belief. The principles of natural justice exist to ensure that justice is not abused in any way.  One of the principles of natural justice is to hear the other side or the party.  Hence, a duty to observe natural justice by the tribunal is in the nature of a substantive right of the parties to the proceedings to be treated without fear or favor.  That is Fairness is achieved by allowing the other party to be heard which helps in the fairness of the process adopted by the adjudicator.  What is fair hearing, why notice is important, why notice must not be vague are the main issues, which are dealt with in the text.  The consequences of non-observance of this doctrine are also considered.  The right of legal representation is addressed too, as well as circumstances in which non-adherence to the principle is unlikely to affect the outcome of the proceedings.

INTERNATIONAL CRIMINAL LAW: HUMAN RIGHTS VIOLATION

AUTHOR – AKANSHA, LLM SCHOLAR AT IILM GREATER NOIDA

BEST CITATION – AKANSHA, INTERNATIONAL CRIMINAL LAW: HUMAN RIGHTS VIOLATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 405-412, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

International criminal law is a fairly new thing in the international legal field aimed at making individuals answerable for the most serious human rights violations.
It has moved from the traditional international law approach which targeted states’ accountability to a more direct individual approach.

Internationale Criminal Law is built on concepts such as jus cogens (compelling law) and Aut Dedere Aut judicare (extradite or prosecute). The principles state that some offenses like genocide, crimes against humanity, war crimes and aggression are universally acknowledged and should be prosecuted no matter where they take place.

The institution whose core mandate lies within investigating and prosecuting people who are alleged to have committed these crimes is called International Criminal Court (ICC). Nevertheless, the court’s jurisdiction extends only over country members who have ratified the Rome Statute which established it. In addition, its jurisdiction might only be exercised by nationals from state parties or those going on within their territories.

Even though it has several limitations, international criminal law has contributed greatly in holding perpetrators accountable through various means. Its prevention role towards future offenses highlights the need for adherence for human rights as well as respect towards them.

KEYWORDS – International Criminal Court (ICC), Rome Statute, Genocide, Crimes against humanity, War crimes, Aggression, Jus cogens, Aut Dedere Aut judicare, international justice, National sovereignty, Accountability, Deterrence, Human rights, Rule of law

THE EMPLOYEES SCHEME IN INDIA:ADMINISTRATION ON BOTH SECTOR, SUGGESTIONS

AUTHOR – KEERTHANA S, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – KEERTHANA S, THE EMPLOYEES SCHEME IN INDIA:ADMINISTRATION ON BOTH SECTOR, SUGGESTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 401-404, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

This article will be examining the pension scheme provided by the government in relation with administrative actions, which involves the transparency, accountability towards the organized sector as well as the public employees.  The study will analyze how the schemes have been providing the necessary welfare for the public employees on their retirement. The article mainly deals with the unified pension scheme which is yet to be implemented, and the existing pensions which grossed out among the public employees. The findings in the article are basically supports the administrative actions taken for the pension scheme and suggest mostly on the new implementation of the scheme.

KEYWORDS:  administrative actions, transparency, accountability, implementations.