Author: PRASANNASRI26092001

PRIVACY AS A FUNDAMENTAL RIGHT: CONJUGAL RIGHTS VIOLATING PERSONAL AUTONOMY IN INDIA

AUTHOR – MS. RISHIKA BAHRI, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

BEST CITATION – MS. RISHIKA BAHRI, PRIVACY AS A FUNDAMENTAL RIGHT: CONJUGAL RIGHTS VIOLATING PERSONAL AUTONOMY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 336-341, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Marriage is an important and sacred institution, especially in a culturally and religiously diverse country like India. It has always been stated that after marriage, husband and wife become one not for just this but for many upcoming lives as well in Hindu Law. Marriage imposes certain marital duties under all matrimonial laws and gives certain legal rights as well. But due to modernization and an open-minded society, this right that forces the partner to live with the other is raising questions. How can courts, which promise to protect the three pillars that are justice, equality, and conscience, decide a ruling for a person who is already on the verge of breakdown to return to the place of their abuse. In today’s world full of competition- career, and comfort are given more importance than forced conjugal associations.

Restitution of conjugal rights also intervenes in the private lives of people as it pushes married couples to stay under one shelter even after they have emotionally detached. Privacy is not only about data and information protection but the right to privacy is an intrinsic part of the right to life and personal liberty under the Constitution of India, 1950. Fundamental rights are available to everyone be the citizen is married or not, so, forcing people to stay together who do not share a liking infringes on their fundamental life. Hence, this research paper delves into the intricate relationship between conjugal rights and individual autonomy within the context of privacy in India. While these provisions were conceived with the intention of fostering healthy relationships, the research highlights how they can inadvertently intrude into the private sphere of individuals.

KEYWORDS – Conjugal Rights, Individual Autonomy, Privacy Rights, Constitutional Jurisprudence, Right to Privacy

THE CONSTITUTIONAL VALIDITY OF NCC ACT, 1948

AUTHOR – JANANI, STUDENT AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY CHENNAI

BEST CITATION – JANANI, THE CONSTITUTIONAL VALIDITY OF NCC ACT, 1948, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 333-335, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The National Cadet Corps (NCC) Act 1948, is a legislative enactment that governs the functioning of the NCC in India. The constitutional validity of the act is a topic of debate where some experts disagree that the act do not infringe upon the fundamental rights The main argument was that the ncs, uniform restricts the fundamental right of the citizen in the Freedom of Speech and Expression which comes under article 19 of the Indian Constitution. And also a good strength of people argue that the hard training sections in NCC is a violation of article 21 it, Right To Life And Personal Liberty. This article covers the various principles of ncc, along with its court held judgements on constitutional validity of the NCC act.

NAVIGATING MEDIA FREEDOM AND INTELLECTUAL PROPERTY RIGHTS IN THE DIGITAL ERA

AUTHOR – ISHA DEVESHWAR & MADHUR TIWARI, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – ISHA DEVESHWAR & MADHUR TIWARI, NAVIGATING MEDIA FREEDOM AND INTELLECTUAL PROPERTY RIGHTS IN THE DIGITAL ERA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 326-332, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In the digital era, the interplay between media freedom and intellectual property rights presents a complex legal and ethical challenge. While media organizations rely on the freedom of expression to report news and create content, intellectual property laws protect creators’ rights to control the use and distribution of their work. As digital platforms proliferate, the ease of sharing and replicating content has heightened the tension between these two areas. This project explores the evolving legal landscape that governs media freedom and intellectual property, particularly in the context of copyright infringement, content licensing, and fair use. It also examines the ethical implications for media organizations when balancing public interest with respect for creators’ rights.

The analysis covers significant case studies that highlight the conflict between the right to report and the need to protect intellectual property, such as the use of copyrighted images, video content, and music in media production. Additionally, the role of digital platforms like YouTube, social media, and streaming services in facilitating content sharing is examined, as they often serve as battlegrounds for intellectual property disputes. This project emphasizes the importance of finding a balance that upholds both the principles of free expression and the protection of intellectual property in the rapidly evolving digital age.

Keywords: Media freedom, intellectual property, digital era, copyright, legal ethics

COMBATING CHILD LABOUR IN INDIA: LAWS, CHALLENGES AND SUGGESTIONS

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

BEST CITATION – NEHAA C S, COMBATING CHILD LABOUR IN INDIA: LAWS, CHALLENGES AND SUGGESTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 322-325, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Child Labour remains as a persistent problem in India. It deprives the fundamental rights of millions of children in the country. Children were forced to work which prevents them from enjoying their childhood. This article provide a comprehensive analysis of various laws that regulates child labour, historical background for the enactment of the Child Labour (Prohibition and Regulation) Act, 1986, statistics of child labour in India based on census conducted by various national and international organizations, and the directions of Supreme Court of India in the case of M C Mehta v. State of Tamil Nadu. This article identifies various problems which lead to child labour and provides suggestions to overcome those problems. This study concludes that a multi-faceted approach is necessary to eradicate child labour in India.

Keywords: Child labour, Fundamental rights, India, Supreme Court, Problems, Suggestions

EXPLORING HORIZONS : ADVANCEMENTS IN CRIMINAL LAW

ENVIRONMENTAL CRIMES AND LEGAL RESPONSES

AUTHORS – GEETHAVANI. A & AISHWARYA.K, DEPARTMENT OF ENVIRONMENT, ENERGY AND CLIMATE CHANGE LAWS, GOVERNMENT LAW COLLEGE, PUDUPAKKAM.

BEST CITATION – GEETHAVANI. A & AISHWARYA.K, EXPLORING HORIZONS : ADVANCEMENTS IN CRIMINAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 316-321, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Environment is the combination of conditions and surroundings where we live in, along with animals and plants. Every individual has the right to live in a pollution free healthy environment.

Environmental protection has become one of the core issues that need to be addressed to maintain sustainable living. Though the concept of ‘Protecting the Environment’ is not new because the same was already prevailed in good olden days. Characterizing the trees, animals, birds as gods were not based on superstition but they found it as a way of protecting the environment from human exploitation. The term ‘ Environmental Crimes ‘ is generally an illegal act which directly harms the environment and it is up to individual interpretation. We have rainbow of legislations which have been enacted to protect environment against environmental crimes. The broad spectrum of legislations provide punishments, compensation for victims and it also imposes fines for environmental violations. This paper makes an attempt to explain the term “Environmental Crimes” in various perspectives along with a close emphasis with law. This research would be helpful to understand the legal standings, government initiatives, polices in order to control the environmental crimes.

Key words: Environment, Crimes, Protection, legislations, Government.

ANIMAL WELFARE AND PROTECTION OF INDIA AND RELATED TO INDIAN LAWS

AUTHOR – RASIKA. A, STUDENT AT TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – RASIKA. A, ANIMAL WELFARE AND PROTECTION OF INDIA AND RELATED TO INDIAN LAWS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 307-315, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Animal Welfare Board of India (AWBI) was established by statute to provide advice on animal welfare laws and to advance animal welfare throughout the nation. This article explores the key aspects of animal rights under the AWBI include Prevention of cruelty to animals act, 1960, Regulation of Animal experimentation, Promotion of Compassion and Humane treatment , Advisory Role, Regulation of entertainment and performances involving animals. It also emphasizes the board’s efforts to control the number of stray animals by humanely terminating their pregnancies and raising public awareness through awareness-raising campaigns. The article highlights AWBI’s worldwide influence on discussions of animal care by examining its collaborations with NGOs and international organizations. The board does, however, confront difficulties with funding distribution, public awareness, and enforcement. The AWBI’s potential to lead future advancements in sustainability and animal rights protection is noted in the conclusion, which highlights the need for stronger legislative frameworks and greater public participation.

POST DECISIONS HEARING

AUTHOR – R. THILAK, N G THANESH & P SANTHOSH PANDIYAN, STUDENTS AT TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – R. THILAK, N G THANESH & P SANTHOSH PANDIYAN, CRITICAL ANALYSIS OF ROLE OF PUBLIC PARTICIPATION IN INDIAN ADMINISTRATIVE LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 303-306, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

                The primary aim of law is to provide justice. One of the main objectives in providing justice is the principles of natural justice, which provide impartial and fair justice. Principles of Natural justice also protect arbitrary use of power by administrative authorities.Principles of natural justice include Audi alteram  partem,  Nemo Judex casua sua, and Reasoned decision. In this one major part is the Audi alteram partem, which covers post decisional hearing, which emerged after landmark judgment named Menaka Gandhi V UOI. In this article, Post decisional hearing was dealt in detail and its impact in affecting the principle of natural justice and case laws relating to it, which gave the decision that Post decisional hearing is of exceptional in nature.

Keywords: Principle of natural  justice, Nemo Judex causa sua, Audi alteram  partem  and  etc.

CRITICAL ANALYSIS OF ROLE OF PUBLIC PARTICIPATION IN INDIAN ADMINISTRATIVE LAW

AUTHOR – A.H.HAROON NADHEEM, STUDENT AT THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – A.H.HAROON NADHEEM, CRITICAL ANALYSIS OF ROLE OF PUBLIC PARTICIPATION IN INDIAN ADMINISTRATIVE LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 300-302, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research critically examines the role of Public participation in Indian Administrative Law. Public participation in Indian administrative law is a pivotal element in fostering transparency, accountability, and inclusiveness within governance structures. As India grapples with complex socio-economic challenges, the role of citizen engagement has become increasingly significant in shaping effective and equitable public policy. This abstract explores the integration of public participation within the Indian administrative framework, highlighting its impact on decision-making processes and legal reforms. The Indian Constitution enshrines principles of democratic governance, and public participation serves as a mechanism to actualize these principles by involving citizens in administrative decision-making. Key legislative frameworks such as the Right to Information Act, 2005, and the National Environmental Policy, 2006, exemplify the legal mandates for public engagement. These laws provide avenues for citizens to access information, voice concerns, and contribute to policy development, thereby enhancing governmental transparency and responsiveness. Despite these advancements, challenges remain in fully realizing the potential of public participation in India.

CRITICAL ANALYSIS OF THE RIGHTS AND DUTIES OF PUBLIC CORPORATIONS IN INDIA

AUTHOR – NAMEENA. P, SCHOLAR FROM THE TAMILNADU DR AMBEDKAR LAW UNIVERSITY (SOEL)

BEST CITATION – NAMEENA. P, CRITICAL ANALYSIS OF THE RIGHTS AND DUTIES OF PUBLIC CORPORATIONS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 292-299, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Public corporations, as instrumental entities in India’s economic landscape, play a pivotal role in delivering essential services and promoting national development. However, their unique position, being partially government-owned and operated, raises complex questions regarding their rights and duties. This research delves into the intricate balance between the public interest mandate and the corporate autonomy of public corporations in India. The analysis will explore the rights granted to public corporations, including their capacity to sue and be sued, acquire property, and enter into contracts. Additionally, it will examine the duties imposed upon them, such as the obligation to serve the public interest, adhere to government policies, and maintain transparency in their operations. The study will critically evaluate the effectiveness of the existing legal framework in balancing these rights and duties, identifying areas where improvements are needed. Furthermore, the research will consider the impact of recent policy reforms and case law on the rights and duties of public corporations. It will analyze how these developments have shaped the evolving landscape of public sector governance in India. By examining the interplay between rights and duties, this study aims to contribute to a deeper understanding of the challenges and opportunities faced by public corporations in India and to provide insights for policy makers and stakeholders.

NAVIGATING INDIA’S SHADOW BANKING LANDSCAPE: CRITICALLY ANALYZING RBI’S REGULATORY FRAMEWORK AND FUTURE CHALLENGES

AUTHOR – PARTH VERMA, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY), BENGALURU

BEST CITATION – PARTH VERMA, NAVIGATING INDIA’S SHADOW BANKING LANDSCAPE: CRITICALLY ANALYZING RBI’S REGULATORY FRAMEWORK AND FUTURE CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 285-292, APIS – 3920 – 0001 & ISSN – 2583-2344.

i) Abstract

This paper discusses the role of the Reserve Bank of India (RBI) in regulating the shadow banking sector, otherwise known as the Non-Banking Finance Companies (NBFCs) within Indian territory. Shadow banking, which is synonymous with non-bank financial intermediation, has achieved massive growth in the Indian economy over the past several decades. Although it plays an important role in extending credit facilities throughout the country, it also poses certain risks to financial stability. This paper tries to explain the basic concept and historical background of non-banking finance companies in India. In addition, the paper is particularly focused on evaluating the legal provisions and the regulatory framework adopted by the Reserve Bank of India for regulating entities operating within this sector. Finally, the research deals with the current issues and challenges existing in this sector and ways to effectively address these. As a result, the primary focus of the study shall be to propose solutions for dealing with the changing nature of activities of NBFCs and the dilemma of the RBI in walking the twin tightropes of promoting financial innovation on one hand and maintaining systemic stability on the other. It identifies the shortfalls in the present legal framework and suggests recommendations that make the shadow banking regulation more purposeful and effective for India. The study concludes that though RBI has over the years made efforts to regulate the Shadow Banking Sector to a large extent, there is still a need for stringent and certainly more comprehensive regulations towards addressing the emerging risks and to achieve balance between the financial inclusions and economic growth through this sector with overall economic/financial stability.