Author: PRASANNASRI26092001

LEGAL REFORMS REQUIRED IN JUDICIARY

AUTHOR – AKSHIT DWIVEDI, B.A. LL.B. (HONS.), HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

BEST CITATION – AKSHIT DWIVEDI, LEGAL REFORMS REQUIRED IN JUDICIARY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 194-200, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

What challenges the Indian judiciary is a system hailed earlier as a robust protector of the rule of law and fundamental rights. The case of Vishnu Tiwari vs. the State of UP presents such challenges by showcasing the human cost due to judicial flaws and systemic inefficiencies. The present paper mirrors the structural and functional problems of the system, including case backlogs, corruption, and lack of accountability. In this context, it engages in an in-depth analysis of the Indian judicial system with an emphasis on demonstrating the urgent need for comprehensive reforms in the judiciary by bringing out the Vishnu Tiwari case. It recommends improving judicial accountability through evaluation, setting up an independent Judicial Appointments Commission, improvement in case management systems, and augmentation in legal aid services. Comparative lessons from jurisdictions such as the UK, the US, and Canada offer valuable insights for reforming the Indian judiciary. Finally, the paper concludes that this meaningful reform is not only a requirement for speeding up justice delivery, but it is also required for regaining public confidence in the judiciary’s effective and just delivery of justice.

Keywords: Indian Judiciary, Judicial Reforms, Vishnu Tiwari case, Case backlog, Judicial accountability, Legal aid case management, Judicial appointments, Comparative analysis, Justice delivery.

A CRITICAL STUDY ON RIGHT TO INFORMATION ACT 2005

AUTHOR – HARISUDHAN  N & JAIADITHYA K, TAMIL NADU DR. AMBEDKAR LAW UNVERSITY (TNDALU), SCHOOL OF EXCELLENCE IN LAW (SOEL).

BEST CITATION – HARISUDHAN  N & JAIADITHYA K, A CRITICAL STUDY ON RIGHT TO INFORMATION ACT 2005, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 189-193, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Right to Information Act of 2005 in place of Freedom of Information. An important legislation for Indians in promoting transparency and accountability in the working of public authorities. This confers the right to information upon Indian citizens except there would be the afore said exemptions under Section 8. The Act requires that a response to the application be given within 30 days, urgent matters are responded to expedited. Although the Act has played a role in improving transparencies, curbing corruption, and adding power to the people, it still poses problems like exploitation of information, increased bureaucratic workload, and impacts on decision-making. Issues such as poor record-keeping, insufficient staffing of information commissions, and the misuse of information further hinder its effective implementation. The article discusses these issues, provides case studies, and proposes suggestions for improvement, such as simplifying the application process, ensuring proactive disclosure, strengthening information commissions, and raising public awareness. Addressing these challenges is crucial for maximising the RTI Act’s effectiveness in fostering a transparent and accountable governance system.

Keywords: Right to Information Act, transparency, accountability, public authorities, exemptions, bureaucratic challenges, information commissions, case studies, legislative reforms.

UNPLUGGING FROM WORK: UNDERSTANDING THE RIGHT TO DISCONNECT

AUTHOR – DR R P YADAV, ASSOCIATE PROFESSOR AT SHARDA UNIVERSITY, GREATER NOIDA, UTTAR PRADESH

BEST CITATION – DR R P YADAV, UNPLUGGING FROM WORK: UNDERSTANDING THE RIGHT TO DISCONNECT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 184-188, APIS – 3920 – 0001 & ISSN – 2583-2344.

AUTHOR

The Right to Disconnect is increasingly becoming important in today’s world due to the rapid growth of technology and digital communication tools, which have not only blurred the boundaries between work and personal life but also gave rise to health issues. Nowadays, as a result of smartphones and employees receiving emails and instant messages on what seems like an always-on basis even outside of their nominal work day, many employees feel they are expected to be reachable at all times. The continuous interconnectedness can result in a range of health and mental issues such as pressure, anxiety, and burnout hence because employees cannot completely unplug from their work. In this manner, the policy also establishes firm boundaries that provide employees with a return of personal time and ergonomic benefits important for mental and physical wellness. This article explores the possibilities of developing a new work culture where work and life both can be balanced and simultaneously better productivity can be obtained.

Keywords—Efficiency, productivity, Motivation,   Stress reduction, Communication, Dispute Resolution, work- life balance

REVITALIZING ROOTS: PROTECTING TRADITIONAL KNOWLEDGE & LEVERAGING IPR FOR SUSTAINABLE DEVELOPMENT

AUTHOR – AABHA SHARMA, STUDENT AT FACULTY OF LAW, DELHI UNIVERSITY

BEST CITATION – AABHA SHARMA, REVITALIZING ROOTS: PROTECTING TRADITIONAL KNOWLEDGE & LEVERAGING IPR FOR SUSTAINABLE DEVELOPMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 178-183, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper examines the significance of traditional knowledge (TK) in India. Traditional knowledge encompasses the collective wisdom, practices, and innovations developed over generations, closely tied to cultural identity and ecological stewardship. India’s diverse ecosystems and cultural richness present a vast reservoir of Traditional Knowledge, with critical applications in agriculture, medicine, artisanal crafts, and cultural expressions. However, this invaluable heritage faces numerous challenges, including biopiracy, loss of biodiversity, cultural erosion, and inadequate legal protections. Efforts by the World Intellectual Property Organization (WIPO) and other international frameworks aim to safeguard Traditional Knowledge, emphasizing the need for both defensive and positive protection strategies. Recent developments, such as the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge, seek to enhance legal clarity and community rights. Despite these advancements, criticisms highlight the treaty’s limitations, including its lack of enforcement mechanisms and a generalized approach that may not cater to the diverse needs of various indigenous groups. This paper also explores the crucial role of NGOs and grassroots initiatives in documenting traditional practices, building community capacities, and advocating for policy reforms. Ultimately, preserving traditional knowledge is vital for maintaining cultural heritage and promoting sustainable development in the face of modernization and globalization. The paper concludes that prioritizing the protection of traditional knowledge is essential for safeguarding cultural identity and enhancing ecological resilience in India.

A STUDY ON IMPACT OF ARTIFICIAL INTELLIGENCE ON RIGHT TO PRIVACY IN INDIA

AUTHOR – ROHITH S B & SETHUPRIYA N, STUDENT AT THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – ROHITH S B & SETHUPRIYA N, A STUDY ON IMPACT OF ARTIFICIAL INTELLIGENCE ON RIGHT TO PRIVACY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 170-177, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Artificial Intelligence (AI) is a concept which is an intelligence artificially exhibited by computer systems which were previously unique to mankind. It is the ability to imitate humans, such as using language, image, recognition, making predictions, learning, problem-solving, ability to move and manipulate objects on their own by computers. Huge volumes of data are crucial for AI system. The AI algorithms can analyze and provide solutions to complex problems without any human interference. Through machine learning, AI systems are fed with data from pre-existing datasets that by using algorithms that helps in predicting the desired output. The data includes locally available data from end users of any platform which are all connected through the Internet. The data may be public or private data. The AI sorts out the sensitive personal data from inferencing other data which infringed the privacy rights of an individual. With growing modernization and integration of AI into different sectors, it has benefitted in lots of way. However, the easy access to the personal data by AI has raised legal and ethical difficulties which requires for ensuring a balance between technology and fundamental rights. The fundamental right of privacy envisaged under Article-21 of the Constitution of India has been a major concern in the digital age of AI. Since there is no proper legal framework which specifically governs AI related legal issues, there is need for a comprehensive legal framework to regulate and provide for safeguarding the privacy rights of an individual. The evolution of privacy and laws relating to it and the impact of AI on privacy in India will be discussed in this article.

KEYWORDS: Artificial Intelligence, Constitution, Data, Digital, Privacy

A STUDY ON THE DEVELOPMENT OF HUMAN RIGHTS AND ITS IMPACT ON THE CASTE SYSTEM IN INDIA

AUTHOR – G.ARAVIND, STUDENT AT SAVEETHA SCHOOL OF LAW

BEST CITATION – G.ARAVIND, A STUDY ON THE DEVELOPMENT OF HUMAN RIGHTS AND ITS IMPACT ON THE CASTE SYSTEM IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 164-169, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper analyses the Indian caste system and explores the advent of caste-based discrimination’s recognition as a human rights violation. The Indian Caste System is traditionally one of the major dimensions wherein human beings in India are socially differentiated via class, religion, region, tribe, gender, and language. Although this or different kinds of differentiation exist in all human societies, it will become trouble when one or greater of those dimensions overlap every other and come to be the only foundation of systematic rating and unequal entry to valued assets like wealth, income, strength and prestige. Its records are hugely associated with one of the distinguished religions in India, Hinduism, and have been altered in lots of methods throughout the Buddhist revolution and beneath neath British rule. Dalits (untouchables) were the ones who were severely affected and have been discriminated against for a long time and have since fought for the recognition of equal rights as fellow human beings. Although not quite achieving much awareness for their cause as much as the prevalence of racism, they have made significant but limited advances among international organisations. This paper concludes by stating that International human rights laws should look into the viciousness of caste-based discrimination and not have it be treated akin to racism as it has been proved that casteism is not in any way associated with skin-colour-based discrimination.

Keywords: Caste, values, abolishment, stratification, discrimination.

INSIDER TRADING LAWS IN INDIA: STRIKING A BALANCE BETWEEN MARKET EFFICIENCY AND INVESTOR PROTECTION

AUTHOR – YASHIKA NAYAK, ADVOCATE AT HIGH COURT OF GWALIOR MADHYA PRADESH

BEST CITATION – YASHIKA NAYAK, INSIDER TRADING LAWS IN INDIA: STRIKING A BALANCE BETWEEN MARKET EFFICIENCY AND INVESTOR PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 154-163, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper explore, how insider trading laws in India balancing the market efficiency and Investor protection includes rights of investor, evolution, enforcement and market dynamics. It starts dealing by the legal framework established by the Securities and Exchange Board of India (SEBI) and relevant laws. The paper discussed the challenges of enforcing these laws, such as detecting insider trading and the penalties for those who break the rules. By evaluating case studies and empirical data, the study highlights the tension between fostering a competitive market environment and protecting investors from unfair practices. Furthermore, the study discusses the implications of insider trading on market dynamics, exploring how such practices can distort price discovery and harm the overall investment climate. It emphasizes the need for a more proactive approach, including greater transparency, enhanced regulatory cooperation, and the integration of advanced data analytics to detect suspicious trading patterns.

Keywords: – Insider Trading, Market Efficiency, Investor Protection, SEBI, Legal Regulations, Financial Market.

AN ANALYSIS OF POLICE BRUTALITY IN INDIA DURING THE COVID-19 PANDEMIC

AUTHOR – ANNUBHUTI KAKKAD & ARRYAN MOHANTY, STUDENTS AT SYMBIOSIS LAW SCHOOL, NAGPUR

BEST CITATION – ANNUBHUTI KAKKAD & ARRYAN MOHANTY, AN ANALYSIS OF POLICE BRUTALITY IN INDIA DURING THE COVID-19 PANDEMIC, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 143-153, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

SARS-CoV-2 has profoundly disrupted global dynamics from 2020 through 2021. The pandemic has permeated all nations, regardless of their economic conditions, healthcare capabilities, or military strength. India has also succumbed to the repercussions of this virus and is presently engaged in a concerted effort to combat it. As the struggle escalates against this formidable pandemic, India, alongside its extensive scientific and medical inquiries, has commenced a series of auxiliary measures, including the imposition of a Janta curfew, a nationwide lockdown, restrictions on travel, the lighting of diyas, and the banging of utensils, among other initiatives, to mitigate the proliferation of COVID-19 and enhance public morale. This paper rigorously investigates the phenomenon of police brutality in India amidst the COVID-19 pandemic, with a particular emphasis on how the implementation of lockdowns and public health directives intensified occurrences of violence perpetrated by law enforcement agencies. India instituted rigorous lockdown protocols to mitigate the virus’s transmission as the pandemic progressed. Nevertheless, the involvement of law enforcement in the execution of these protocols elicited apprehensions due to pervasive accounts of excessive use of force, especially against marginalized groups such as daily wage earners, migrant workers, and other disadvantaged communities. This examination utilizes various sources, including news articles, case studies, and data from human rights organizations, to investigate the trends in police conduct, the legal frameworks that facilitated such actions, and the broader societal ramifications. It underscores how pre-existing systemic challenges, including inadequate accountability, poorly equipped law enforcement agencies, and socioeconomic disparities, were exacerbated during the pandemic. The research further evaluates the reactions from civil society, the judiciary, and governmental entities, analysing the enduring effects of these events on public confidence in law enforcement. The results indicate an imperative for thorough police reform and the establishment of enhanced accountability mechanisms to avert future occurrences of power misuse, particularly in times of crisis.

SHORT ARTICLE ON “ANALYZING THE AMENDABILITY OF BASIC STRUCTURE OF INDIAN CONSTITUTION.”

AUTHOR – SHAKKIRA KT, LLM SCHOLAR AT KANNUR UNIVERSITY

BEST CITATION – SHAKKIRA KT, SHORT ARTICLE ON “ANALYZING THE AMENDABILITY OF BASIC STRUCTURE OF INDIAN CONSTITUTION.”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 139-142, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The first and foremost question arises for consideration is nothing but is doctrine of rule of law, democracy, and judicial review is part of basic structure of Indian Constitution. The second concern is on the amendability of the same. In order to measure the contribution of the aforesaid principles to the evolution of basic structure doctrine, there is no liquid formula as such. But while we make some interrogations to history of judicial construction, we could sought out some sharp ends leading to the conclusion that rule of law, judicial review and democracy are indispensable to basic structure of our constitution and the avoiding of which will lead to the fall of basic structure. Basic structure is not a mere concept, but have bearing on the lives of each citizen of the country as we ourselves gives the constitution to lead us in the right way for achieving every goals of a most progressed nation in the world.

DOCTRINE OF STRICT LIABILITY AND IT’S IMPACT ON INDUSTRIES: AN OVERVIEW

AUTHOR – SHASHANK SHEKHER SINGH, STUDENT AT AMITY LAW SCHOOL, LUCKNOW

BEST CITATION – SHASHANK SHEKHER SINGH, DOCTRINE OF STRICT LIABILTY AND IT’S IMPACT ON INDUSTRIES: AN OVERVIEW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 133-138, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER 1

INTRODUCTION – STRICT LIABILITY

There are few activities which are being performed by an individual or group of persons which are too dangerous and if not properly handled can lead to the unforeseen consequences. It can be understood by an example, if someone acts have ability to cause the critical damages to either it is done by individual or group of persons then they are liable to pay the levied penalty even if they are at fault or not, this example clearly state the Rule of Strict Liability.^[1]

---

[1] ‘BetiBachao, BetiPadhao: Caring for the Girl Child’ <https://www.pmindia.gov.in/en/government_tr_rec/betibachao-beti-padhao-caring-for-the-girl-child/> accessed 12 October 2022