Author: PRASANNASRI26092001

EVOLUTION OF THE DOCTRINE OF SEPARATION OF POWER AND JUDICIARY AS A SEPARATE BRANCH

AUTHOR – DR AVINASH BHAGI, ASSOCIATE PROFESSOR OF LAW, GUJARAT NATIONAL LAW UNIVERSITY, GANDHINAGAR, GUJARAT, INDIA

BEST CITATION – DR AVINASH BHAGI, EVOLUTION OF THE DOCTRINE OF SEPARATION OF POWER AND JUDICIARY AS A SEPARATE BRANCH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 963-974, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The ultimate objective of a Constitution of a democratic republican country is to make the government a limited government ensuring the rights of its citizens by establishing a rule of law. The doctrine of separation of powers has played a significant role in achieving this objective. In fact, it becomes an inseparable part of a Constitution of any Nation. The scheme of all Constitutions of the world are based upon this doctrine. However, the meaning, scope and application of this doctrine is not the same in all the Constitutions and it differs from country to country as a result of which a lot of confusion is attached to the meaning and application of the doctrine. This is due to the historical reasons and the combination of different theories attached to the doctrine. Due to this confusion and lack of any precise meaning, the questions have been raised from time to time with regard to the significance as well as the practical utility of this doctrine. Therefore, study of the evolution of this doctrine is essential to understand the true meaning of the doctrine of separation of powers and its significance in the contemporary world. This paper carries out the detailed study of the history of the doctrine of separation of powers and traces out the evolution of the doctrine with an objective to understand its meaning in true perspective. The paper further demonstrates the evolution of the three organs of the governments, more importantly, the evolution of the judiciary as a separate branch, which in fact is one of the most important contributions of the doctrine of separation of powers.

VICTIM BLAMING AS A FORM OF RAPE CULTURE: A HINDRANCE TO A WOMAN’S AUTONOMY

AUTHOR – NILANJANA GHOSH & ISHANI AFRIN, STUDENTS AT SISTER NIVEDITA UNIVERSITY

BEST CITATION – NILANJANA GHOSH & ISHANI AFRIN, VICTIM BLAMING AS A FORM OF RAPE CULTURE: A HINDRANCE TO A WOMAN’S AUTONOMY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 953-962, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This legal journal argues that victim blaming constitutes a core tenet of rape culture, posing a significant hindrance to woman’s autonomy and access to justice. It examines the legal implications of victim blaming, exploring its impact on reporting rates, evidentiary values. This article also explores why it is absolutely necessary to break the myth that rape occurs because of some inconsistent behavioral patterns among women. Victim blaming has somehow become a general mindset among both the general public and the educated professionals. This article attempts to analyse the reason behind such a mindset thereby establishing a theory of victim-perpetrator attribution. The link between rape culture, victim blaming and criminal justice system is studied and substantial solutions are discussed in this article. It further analyses how sex workers also fall within the ambit of victim blaming.Keywords- rape culture, victim blaming, perpetrator, criminal justice system.

NEP 2020 POLICY: A BETTER APPROACH THAN 1950

AUTHOR – NAVDEEP SINGH, STUDENT AT NATIONAL DEGREE COLLEGE/PUNJAB UNIVERSITY

BEST CITATION – NAVDEEP SINGH, NEP 2020 POLICY: A BETTER APPROACH THAN 1950, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 949-952, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The change in government’s behavior towards education is a change in the right direction. From May 1950 to 2020 it’s evident. However, the goals that it has taken would take some years to show the desirable effects. This article talks about the role of government in the educational field through the limited perspective of NEP. And also, about the policy of selective upgrade that it pursued before and how it affected the current education and particularly law. Author also talks about other ways to push for strengthening the legal system and rules of the Bar Council of India that are not being taken seriously.

MINDSET WARS – LITIGATION OR CORPORATE…??

AUTHOR – HIMANSHU GUPTA, STUDENT AT CPJ COLLEGE OF HIGHER STUDIES AND SCHOOL OF LAW

BEST CITATION – HIMANSHU GUPTA, MINDSET WARS – LITIGATION OR CORPORATE…??, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 947-948, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Have you ever brain stormed about what field should you choose? Like thousands of other law graduates. which field will offer you more financial independence? Or which field will help you in maintaining a good work life balance? Or which field will have more growth opportunity for future?

As a law student it always comes to our mind should I choose litigation or lookout for a good law firm specially as an 1^st generation lawyer. As everyone in their law schools and societies have heard about the condition of 1^st generation lawyers in the field of litigation but is that really true? This decision is one of the most important step one has to take which will decide their future, career, like everything. As the time slips by a student becomes more and more anxious about his future as nobody wants to be a failure.

ANALYSING GENETIC PRIVACY UNDER THE LENS OF INDIAN CRIMINAL JUSTICE SYSTEM

AUTHOR – VAGMITA TIWARI, STUDENT AT SYMBIOSIS LAW SCHOOL, PUNE

BEST CITATION – VAGMITA TIWARI, ANALYSING GENETIC PRIVACY UNDER THE LENS OF INDIAN CRIMINAL JUSTICE SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 939-946, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper investigates the interplay between Indian criminal justice system and genetic privacy by analyzing the current legal structure in place pertaining to DNA data being collected during a criminal investigation. This research focuses on three primary issues: accessing legislation regulating genetic data collection during criminal investigation, accessing legal safeguards protecting the right to privacy in India and determining if the existing rules are adequate to prevent breaches of individuals’ right to privacy within the criminal investigation set-up.

The paper discusses the current legislation, judicial pronouncements, and policy frameworks relevant to genetic data protection in India. The article highlights the possible ramifications of the DNA Technology (Use and Application) Regulation Bill in harmony with relevant outline under the Code of Criminal Procedure. It also compares international best practices and other legal strategies for genetic privacy in criminal justice.

Results present a complicated legal landscape and a substantial vacuum of regulation involving the use of genetic data for criminal investigations. Although, India has recognized the right to privacy as a fundamental right protection in terms of genetic data during the criminal justice process may still seem constrained. The research suggests the existing laws are inadequate to deal with these challenges set out by genetic data in criminal investigations, calling for a reassessment of how potential suspects’ privacy rights can be protected.

This research aims to contribute to the growing conversation about balancing public safety with individual privacy in an era of genetic technology by suggesting potential legal and policy reforms that would strengthen protection for genetic information within the Indian criminal justice system.

Keywords: Genetic data, right to privacy, and criminal justice system.

UNDERSTANDING SOME HIDDEN ASPECTS OF ASSIGNMENT OF COPYRIGHTS AND INFRINGEMENT OF COPYRIGHTS

AUTHOR – RAKSHANA S, STUDENT AT SYMBIOSIS LAW SCHOOL, HYDERABAD

BEST CITATION – RAKSHANA S, UNDERSTANDING SOME HIDDEN ASPECTS OF ASSIGNMENT OF COPYRIGHTS AND INFRINGEMENT OF COPYRIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 928-933, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper talks about the some of the key yet latent aspects of Assignment of Copyrights and the Infringement of Copyrights. The paper will initially go through the basics of assignment and infringement of copyrights to give readers a brief yet clear understanding of the same. It will then move on to talk about and analyse the exclusive right of the assignor when it comes to assignment of copyrights, and the advantageous position that the owner of the copyrights holds with respect to the usage of his or her work for making derivative works. Even though the owner of the copyrights can assign the copyrights of his work to a person of his wish, it’ll only be to the extent of the usage of the work and not the modification. There will also be case laws explained in that regard to help the reader get a better understanding of such. The paper will then talk about the position of the assignee with regard to suing of infringement of contracts and the necessity of the presence of accrued causes of infringement for the benefit of the assignee. It will also talk about the loophole of the Copyrights Act that have caused the emergence of an immoral practice of backdating and how it can be dangerous to back date a contract without valid reasoning. This will also be explained with the help of a case law. The paper will conclude with recommendations and references.

Keywords: Assignment of Copyrights, Infringement of Copyrights, Exclusive Right of Assignor, Accrued Causes, Backdating

THE ROLE OF MEDIATION IN RESOLVING FAMILY DISPUTES IN INDIA

AUTHOR – HIMANSHU GUPTA, STUDENT AT CPJ COLLEGE OF HIGHER STUDIES AND SCHOOL OF LAW

BEST CITATION – HIMANSHU GUPTA, THE ROLE OF MEDIATION IN RESOLVING FAMILY DISPUTES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 924-927, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Mediation is a systematically structured process which helps the parties in resolving their dispute and settle at a mutually satisfactory solution. In mediation, parties are assisted by a neutral third party called mediator whose role is to facilitate the parties in communication and giving suggestions so that the parties can arrive at a conclusion mutually. The suggestions of mediator are not at all binding on the parties they are free to accept or reject the suggestions of the mediator. As mediation is an informal process compared to litigation so there are no strict or binding rules that govern it or a rigid process that the parties need to follow. Mediation is a method of alternative dispute resolution i.e the methods which are used by the disputing parties to resolve their dispute without going to courts. Mediation can be used to resolve a variety of disputes like family disputes, matrimonial disputes, intellectual property disputes, employment law disputes, other disputes.

ELECTRONIC CRIMES IN JORDANIAN LAW

AUTHOR – SULTAN HAMAD ABDULLAH ALMASHAQBEH, FACULTY OF LAW – STUDENT, ZARQA UNIVERSITY. CONTACT – DALOUN@ZU.EDU.JO

BEST CITATION – SULTAN HAMAD ABDULLAH ALMASHAQBEH, ELECTRONIC CRIMES IN JORDANIAN LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 916-922, APIS – 3920 – 0001 & ISSN – 2583-2344.

1. Introduction to Electronic Crimes

The twenty-first century has seen the dramatic ascendancy of electronic applications and systems. The massive expansion in the use of these technologies has become so extensive and pervasive as to encompass all aspects of life. One principle cause of that expansion is the Internet. Its use is widespread to the point that it now encompasses the majority of electronic applications. This spread of electronic systems and applications represents both a development for the betterment of human life and a potential source of indescribable dangers. Indeed, such technologies, while offering hope to a vast array of individuals and institutions, also offer an opportunity for expanded criminal activity and a potential source of risk to all aspects of life.

Many attempts have already been made, not only in Jordan, but in a variety of countries—including the Arab world, European Union, and international fora—to attempt to craft electronic crime legislation. The starting point for any endeavor of this nature should encompass the term “electronic crimes.” A close examination allows one to surmise that electronic crimes encompass all sorts of conduct that occurs in the greater electronic environment, an environment that encompasses crimes committed against the computer, as well as crimes committed by means of the computer.

Keywords: Crimes, Electronic Crimes , Jordanian Law, Cyberbullying,  Harassment

INTERNATIONAL RESPONSIBILITY FOR MILITARY INTERVENTION

AUTHOR – ANAS JAMIL EID ALLOUZI, FACULTY OF LAW, INTERNATIONAL ISLAMIC SCIENCES UNIVERSITY

BEST CITATION – ANAS JAMIL EID ALLOUZI, INTERNATIONAL RESPONSIBILITY FOR MILITARY INTERVENTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 898-915, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

It is generally felt that military intervention raises an array of responsibilities for intervening organizations and states and for the wider international community. The purpose of this essay is not to explore these responsibilities in detail, but to concentrate on international responsibility for military intervention. In particular, we ask three related questions. First, what is the legal framework which determines international responsibilities where states and other agents undertake military intervention? Second, what are the main ethical justifications for international intervention or non-intervention? Finally, in those few cases where intervention may be morally and/or legally justified, what are the relevant criteria for responsible intervention?

During the later 1990s, a number of organizations and networks, some of which are grouped under the ‘international ethics and military intervention umbrella’, have addressed these and related questions. For example, the development, content, and significance of the NATO just war against Serbia have been investigated. There has been an examination of the United Nations Security Council’s intervention in Chad and southern Libya with a multinational expeditionary force, an investigation into the pertinent questions of legality and legitimacy with respect to humanitarian intervention, and a project on responsibility and accountability in common security. While this emerging literature is of the highest quality, it exhibits the beginning of a process rather than the end. Thus, the forthcoming volume on the United Nations, regional security organizations, and their members provides an incisive overview of the ways in which governments, supranational bodies, and armed forces have responded to military interventions in a variety of case studies. But we need an equally detailed picture of the corresponding international reaction. Similarly, the debate over the criteria for international responsibility across the UN-Chapter VIII divide is complex and uneven. What is needed, then, is an overall assessment of the legal context, the ethical justifications for international intervention and non-intervention, and the criteria for responsible international responsibility for intervention per se. At each of these levels, many of the more detailed questions identified in the subsequent essays below point to important new directions.

Keywords: Military Intervention, International, Responsibility International law.

MONEY LAUNDERING LEGAL AND THEORETICAL ASPECTS

AUTHOR – DR. DEMA MATROUK ALOUN, ASSISTANT PROFESSOR OF COMMERCIAL LAW, FACULTY OF LAW/ ZARQA UNIVERSITY. CONTACT – DALOUN@ZU.EDU.JO

BEST CITATION – DR. DEMA MATROUK ALOUN, MONEY LAUNDERING LEGAL AND THEORETICAL ASPECTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 881-897, APIS – 3920 – 0001 & ISSN – 2583-2344.

 Introduction to Money Laundering

The present essay is focused on money laundering, widely acknowledged by different international bodies and instruments. In the domain of money laundering, two main aspects can be approached both doctrinally and practically. First, money laundering is viewed per se as well as from both historical and conceptual points of view. According to the law and the social approach, the historical perspective develops the emergence of money laundering practices and the transformation of traditional activities developed from the Far East or Silk Road to today’s worldwide economic criminal activities. Meanwhile, from a conceptual point of view, we emphasize the most significant theories and methods regarding the delimitation, definitions, fields and placement of money laundering in the general global context.

Money laundering represents the process whereby the assets or earnings obtained through criminal activities are invested into various legal activities and real legal assets or goods, as part of today’s free market or system, thus appearing to be lawfully and rightfully obtained resources. In addition, the concepts of money laundering also include the definition of proceeds of crime (direct or indirect benefit from criminal activities) and criminal assets (proceeds covered by money laundering offences found not to be invested into criminal activities). In the doctrinal framework, money laundering is viewed in the light of the main concepts of globalization, world economy, transnational, organized crime in correlation – i.e., with economic side of the criminal offences (the black economy).

Keywords: Money Laundering, Money, Legal, Theoretical