Author: PRASANNASRI26092001

SOCIO-ECONOMIC AND CULTURAL FACTORS AFFECTING MAINTENANCE RIGHT

AUTHOR – KAMATCHI P, LLM GRADUATE FROM CHENNAI DR. AMBEDKAR GOVT. LAW COLLEGE, PATTARAIPERUMBUDUR.

BEST CITATION – KAMATCHI P, SOCIO-ECONOMIC AND CULTURAL FACTORS AFFECTING MAINTENANCE RIGHT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1549-1558, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The financial assistance that one person gives to another when a relationship ends or because of legal duties is known as maintenance rights. These rights are impacted by a complex interaction of socioeconomic and cultural variables. The influence of several socio-economic factors on the enforcement and perception of maintenance rights is examined in this research. These factors include income inequality, job status, and economic stability. Furthermore, cultural norms and values such as gender roles, household responsibilities, and society expectations have a big impact on how maintenance agreements are implemented and accepted. The study illustrates the differences in maintenance rights enforcement between various socioeconomic strata and cultural situations by looking at these variables. The results emphasize that in order to guarantee equitable and efficient maintenance procedures, customized policy interventions that address both economic disparities and cultural sensitivity are required.

ANALYSIS OF REFUGEE LAWS WITH REFERENCE TO INTERNATIONAL CONVENTIONS

AUTHOR – SHASHWAT VIKRAM SINGH, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, LUCKNOW

BEST CITATION – SHASHWAT VIKRAM SINGH, ANALYSIS OF REFUGEE LAWS WITH REFERENCE TO INTERNATIONAL CONVENTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1540-1548, APIS – 3920 – 0001 & ISSN – 2583-2344

Refugee problem is a global problem. A continuous stream of humanitarian crisis has highlighted the plight of victims, also the threat, that large-scale population movements pose to regional security & stability. Millions of people are forced to flee or to leave their homes or places of residence. Many of these people cross international borders leaving their home country and become asylum seekers while others remain within their country but away from their habitual place or residence and become known as internally Displaced Persons (IDPs). Especially since WWI, the refugee situation has continued unabated and the number of refugees has increased at an alarming rate. The annual report of (for year 2008) the United Nations High Commissioner for Refugees (UNHCR) indicates that there are 42 million people who are uprooted in the World today.^[1] Amongst this staggering total of people of concern to the UNHCR are some 15.2 million refugees including 872,000 asylum seekers with pending cases.^[2] UNHCR further estimates that in 2008 some 839,000 individual applications were submitted for refugee status and that 9% of those claims were made at UNHCR offices.^[3]

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[1] UNHCR 2008 Global Trends : Refugees, Asylum seekers, Returnees, Internally Displaced and Stateless Persons, 16 June, 2009, p. 2, “2008 in Review – Statistics at a Glance”, www.unhcr.org/4a375c426.pdf.(accessed August 10, 2009) UNHCR.

[2] Ibid. Of the 15.2 million fall under the UNHCR’s mandate and some 4.7 million Palestinian refugees are the responsibility of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).

[3] UNHCR 2008 Globl Trends, op. cit. Of the 15.2 million fall under the UNHCR’s mandate and some 4.7 million Palestinian refugees are the responsibility of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).

BALANCING ADMINISTRATIVE DISCRETION WITH FUNDAMENTAL RIGHTS: AN ANALYSIS OF JUDICIAL REVIEW IN INDIA

AUTHOR – ANNLIYA ANIL, SCHOOL OF EXCELLENCE IN LAW, TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – ANNLIYA ANIL, BALANCING ADMINISTRATIVE DISCRETION WITH FUNDAMENTAL RIGHTS: AN ANALYSIS OF JUDICIAL REVIEW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1535-1541, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This article examines how India’s judicial review system strikes a balance between administrative discretion and the protection of fundamental rights. Further, it discusses the evolution of judicial review pre and post-independence. The development of judicial review in the Indian context is also covered, with special attention to important rulings that broadened the scope of the same. Additional case laws demonstrate how the judiciary uses its judicial review authority to hold administrative entities accountable.

However, there are several difficulties with the exercise of this function. It faces problems including judicial overreach, delay, and striking a balance between judicial activity and restraint. These difficulties raise questions concerning the judiciary’s role in the matters concerned and have an impact on administrative efficiency and governance.

The necessity of a fair judicial review process that upholds administrative authorities’ independence while guaranteeing the protection of fundamental rights is reiterated in the article’s conclusion. Enhancing judicial effectiveness and preserving constitutional harmony is again stressed in the conclusion for the effective working of the system.

KEYWORDS: Judicial Review, Administrative discretion, Developments, Judicial Activism

PRIVACY AND BIOMETRIC ENABLED NATIONAL ID CARD: A BRIEF COMPARATIVE CASE STUDY OF INDIA AND KENYA

AUTHOR – ASHUTOSH PRAKASH SHARMA, INDEPENDENT LEGAL RESEARCHER AND WRITER BASED IN AGRA, INDIA

BEST CITATION – ASHUTOSH PRAKASH SHARMA, PRIVACY AND BIOMETRIC ENABLED NATIONAL ID CARD: A BRIEF COMPARATIVE CASE STUDY OF INDIA AND KENYA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1535-1540, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This paper examines the constitutional validity, the statutory backdrop, and the legal administration backgrounds of the Aadhaar system in India and the Huduma Namba in Kenya. India’s Aadhaar system, regulated by the Aadhaar Act 2016, has recorded an enrollment of more than 1.3 billion citizens using their demographic and biometric information. The system being integrated as a mandatory requirement for accessing public services raised issues of privacy and proportionality that led to a significant hit on the requirement in the 2018 Supreme Court Judgment. Kenya’s Huduma system has faced a constitutional challenge prior to its implementation due to the High Court’s ruling that the government violated the need to have a data protection impact assessment shortly before its operative implementation. This paper explores the two countries’ aim to use the biometric IDs to enhance financial integration and drive off identity-based fraud while facing the reality that stringent privacy safeguards, consent necessitation, and surveillance control are critical in today’s digital identity era.

Keywords: Privacy, Data protection, Statutory interpretation, Proportionality test

LABOUR RIGHTS AND CHALLENGES IN A DYNAMIC EMPLOYMENT: FACILITATING REGULATORY ENVIRONMENT

AUTHOR – M. AZIMATHUL MARSHIYA, STUDENT AT LL.M BRANCH: LABOUR AND ADMINISTRATIVE LAW, CHENNAI DR. AMBEDKAR GOVT. LAW COLLEGE, PATTARAIPERUMBUDUR, THIRUVALLUR – 631203

BEST CITATION – M. AZIMATHUL MARSHIYA, LABOUR RIGHTS AND CHALLENGES IN A DYNAMIC EMPLOYMENT: FACILITATING REGULATORY ENVIRONMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1528-1534, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Workers play an important role in bringing the visionary ideas of innovators to life. The Declaration on Fundamental Principles and Rights at Work by the International Labour Organization (ILO) establishes essential labour rights, fostering a joint responsibility between member states and the ILO.  These rights are universally applicable, ensuring fair working conditions and treatment for all workers. They cover fair pay, workplace safety, the right to join unions, and protection against discrimination and exploitation. Additionally, they include Freedom of Association, Collective Bargaining, the Elimination of Forced Labour and Child Labour, and the Eradication of Employment Discrimination. Labour rights are the basic human rights which cannot be violated.

Despite these global rights, challenges persist. Informal employment, weak enforcement, and issues in global supply chains often lead to poor working conditions, especially in developing countries. In India, labour rights face significant hurdles despite extensive legal frameworks. The large informal sector, employing a substantial part of the workforce, frequently operates outside regulations, leading to labour welfare issues such as low pay, unsafe conditions, gender discrimination, poor industrial relations and a lack of social protection. Ineffective enforcement, monitoring, inadequate training and compliance mechanisms exacerbate the situation, allowing violations to persist. Advancements in automation and AI are challenging the labour force by displacing jobs, heightening job insecurity, and causing economic stress for workers.

Addressing these challenges requires a comprehensive approach. Strengthening legal frameworks, enhancing monitoring and compliance, improving enforcement and ensuring workers’ participation are essential steps. International Co-operation is also essential in upholding labour standards and protecting workers’ rights. Implementing these strategies will create a fair, safe, and equitable work environment for all workers, safeguarding their well-being and respecting their contributions to innovation and economic progress.

Keywords: Labour rights, International cooperation, compliance, legal frameworks, informal employment

UNMASKING DECEPTIVE SCHEMES: AN IN-DEPTH ANALYSIS OF INSURANCE FRAUD CASE STUDIES IN INDIA

AUTHOR – KARANDEEP SINGH, STUDENT AT CHANDIGARH UNIVERSITY

BEST CITATION – KARANDEEP SINGH, UNMASKING DECEPTIVE SCHEMES: AN IN-DEPTH ANALYSIS OF INSURANCE FRAUD CASE STUDIES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1519-1528, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Insurance fraud poses a significant challenge to the Indian insurance industry, affecting the insurers and policyholders alike as well as the economy by adding large sums of economic debt on the nation. This research paper presents a comprehensive examination of big billion dollars insurance fraud in India through a detailed analysis of very recent case studies. By scrutinizing real-world examples of insurance fraud, this study seeks to unveil the intricacies of deceptive schemes, the underlying motivations, and the modus operandi employed by fraudsters. The study leverages a diverse set of case studies encompassing various insurance domains, including life, health, property, and motor insurance, to provide a holistic perspective on the issue. Through a qualitative approach, the paper delves into the multifaceted nature of insurance fraud, identifying common patterns and distinctive characteristics that enable a better understanding of fraudulent activities. In conclusion, this study underscores the urgency of addressing insurance fraud penal mechanism and separate and specific legislation to combat insurance fraud in India and the need for collaborative efforts among insurers, regulators, and law enforcement agencies to develop proactive strategies for detection and prevention. By dissecting real-world case studies, this research aims to provide valuable insights that can contribute to the formulation of more robust anti-fraud measures and the safeguarding of the Indian insurance sector.

Keywords: Insurance, Fraud, Insurance Fraud Control Act, Case Studies, Multi crore scam, business, law

SEDITION LAWS: AN OBSTACLE TO FREEDOM OF SPEECH IN INDIA

AUTHOR – KIRTI YADAV, STUDENT AT SCHOOL OF LEGAL STUDIES, K R MANGALAM UNIVERSITY

BEST CITATION – KIRTI YADAV, SEDITION LAWS: AN OBSTACLE TO FREEDOM OF SPEECH IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1517-1524, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The right to free speech and expression has two sides: while it gives people enjoyment, it also forbids some actions that can be construed as abusing this fundamental and unalienable freedom. Any act or utterance that encourages people to hold anti-national opinions against a government or that is likely to disturb the stability or tranquillity of a nation is considered sedition. Seditious offenses carry a severe sentence of at least 7 years in jail, with the possibility of life in prison The provision became abused to the extent where the Court declared it to be ” similar to giving a carpenter a saw to chop some wood and he uses it to clear the complete forest[1].

The multifaceted connection among sedition laws and the inalienable right to free expression is examined in this research paper. The paper explores the legal foundations, historical background, and current issues that sedition laws present to the right to free expression. Through a critical analysis of seminal cases, court interpretations, and the dynamic nature of these laws, it illuminates the fine balance that must be struck between protecting individual liberty and national security concerns.

Keywords: Sedition laws, Democracy, Freedom of speech

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[1] Kishorechandra Wangkhemcha & Anr Vs. Union of India W.P.(Crl.) No.106/2021

TRIAL BY MEDIA : A WAR ON DEMOCRACY AND RIGHTS

AUTHOR – RAHUMATH, STUDENT AT AMITY UNIVERSITY NOIDA, LLM STUDENT

BEST CITATION – RAHUMATH, TRIAL BY MEDIA : A WAR ON DEMOCRACY AND RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1512-1516, APIS – 3920 – 0001 & ISSN – 2583-2344

INTRODUCTION

Media has always been considered the watchdog of the society. Every system of government must have a free and fair media. In a huge and diverse democracy like India, it is critical that the media operates free of bias and prejudice, as the media also serves as the Opposition. The media is essentially the backbone of Indian democracy. The origins of media can be traced back to the Indian Nationalist Movement. Since those times, the media has played an important role in ensuring citizens’ rights and liberties. Aside from these crucial duties, the media has evolved into a much-needed agent of change in society. Over the years, the media has played an important role in shaping public opinion. However, in recent years, the media has stepped outside its purview and into the sphere of the judiciary, conducting parallel trials with the courts. The media has taken up the function of a public court that does not recognise the concepts of “innocent until proven guilty” and “guilty beyond a reasonable doubt.” Media trials typically begin even before the courts can hear the case, in which the media investigates the topic on its own and broadcasts it in such a way that the public creates an opinion against or for the accused prior to the real trial. These acts have a negative impact on the actual trial, resulting in an infringement of the accused’s right to a fair trial. Although the media has been praised for raising awareness over the last decade, they have also been chastised for their excessive coverage of certain issues, particularly those involving famous figures.

UNIFORM CIVIL CODE: NEEDS AND LIMITATIONS IN A MULTI-RELIGIOUS SOCIETY

AUTHOR – HARSHVARDHAN SINGH KHICHI, STUDENT AT NMIMS UNIVERSITY

BEST CITATION – HARSHVARDHAN SINGH KHICHI, UNIFORM CIVIL CODE: NEEDS AND LIMITATIONS IN A MULTI-RELIGIOUS SOCIETY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1507-1511, APIS – 3920 – 0001 & ISSN – 2583-2344

INTRODUCTION

India claims to be a secular country. The Uniform Civil Code (hereinafter “the Code”) has been embedded in Article 44 of the Indian Constitution, 1950 as a non-justiciable Directive Principle of State Policy. Even though almost 70 years have passed such a law is yet to be implemented in the country. Postcolonial India’s Uniform Civil Code’s idea seemed to follow the West incorporating a new revitalizing civilizing mission, a loud and clear call for unified nation-building and the attainment of legal modernity through top-down state-driven secularizing reforms.^[1] This was of course met with excitement and a positive appraisal from the Eurocentric and Europhilic modernists from around the globe. But from less than half a century later and to date there has been the birth of many state laws but no Uniform Civil Code. The present write-up concentrates on the crucial changes that have taken place in the religious legal system concerning the Code. It shall also discuss the needs and limitations of the Code in the religious Cext.

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^[1]  Werner Menski, The Uniform Civil Code Debate in Indian Law: New Developments and Changing Agenda, 9 GERMAN L.J. 211 (2008).

PHARMACEUTICAL PATENTING IN INDIA: AN ASSESSMENT IN REFERENCE TO PUBLIC ACCESS TO HEALTH

AUTHORS – MR. VAIBHAV VOHRA* & PROF. (DR.) HARSHITA SINGH**, STUDENT* AND ASSISTANT PROFESSOR** AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – MR. VAIBHAV VOHRA & PROF. (DR.) HARSHITA SINGH, PHARMACEUTICAL PATENTING IN INDIA: AN ASSESSMENT IN REFERENCE TO PUBLIC ACCESS TO HEALTH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1496-1506, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Public health, innovation, and access to necessary medications are all significantly impacted by the complex environment that arises when intellectual property rights (IPR) and healthcare, particularly in the medical field. With a focus on the pharmaceutical industry and the obstacles it presents to equitable healthcare access, this paper explores the complex dynamics of intellectual property rights (IPR) in the healthcare sector. This research assesses how intellectual property rights (IPRs) protect healthcare innovation, costs, and the development of new medications and medical technologies by consulting a wide range of published works. It looks at how intellectual property rights, human rights, and the right to health are intertwined and highlights how crucial it is to strike a balance between incentives for innovation and public health requirements. Research also looks at how international agreements like the TRIPS Agreement influence intellectual property rights frameworks and how that affects people’s ability to obtain medications, especially in low- and middle-income nations. Furthermore, the study addresses a range of tactics and programs, such as technology transfer mechanisms, voluntary licensing agreements, and the contribution of entrepreneurial innovation, that attempt to mitigate the obstacles that intellectual property rights (IPR) present to the availability of essential medications. Ultimately, the research highlights the pressing requirement for a comprehensive strategy that gives public health issues top priority, encourages innovation, and guarantees everyone has fair access to healthcare.

KEYWORDS – Pharmaceuticals, Patent protection, Medication, Exclusive rights, Intellectual Property Rights