Author: PRASANNASRI26092001

THE LEGAL FRAMEWORK: ARE WE DOING ENOUGH TO COMBAT ACID ATTACKS?

AUTHORS – SHUBHAM KUMAR* & AMALENDU MISHRA**, STUDENT* & ASSISTANT PROFESSOR**, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN.

BEST CITATION – SHUBHAM KUMAR & AMALENDU MISHRA, THE LEGAL FRAMEWORK: ARE WE DOING ENOUGH TO COMBAT ACID ATTACKS?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 362-367, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Acid attacks represent one of the most vicious forms of violence, inflicting devastating physical, psychological, and social harm, with women being disproportionately affected. Despite global awareness and advocacy, these attacks persist, prompting scrutiny of existing legal frameworks. This article assesses the efficacy of legal measures aimed at preventing acid attacks, prosecuting offenders, and supporting survivors.

Historically prevalent in regions like South Asia, particularly India, Pakistan, and Bangladesh, acid attacks have spread globally, necessitating a comprehensive legal response. Several countries have enacted specific laws to address acid violence, including stringent penalties for perpetrators, regulation of acid sales, and support systems for survivors. However, effectiveness varies widely due to differences in legal systems, enforcement, and societal attitudes towards gender-based violence.

While South Asian countries like India and Bangladesh have implemented notable legal reforms, challenges in enforcement and support provision persist. In India, despite legislation imposing severe penalties and regulating acid sales, issues such as availability and delayed justice remain. Bangladesh’s proactive legal approach has yielded some success, yet gaps in survivor support persist. Pakistan faces similar challenges with weak enforcement and inadequate support for survivors.

Outside South Asia, countries like the United Kingdom and Cambodia have also introduced legal measures to combat acid attacks, but face challenges in enforcement and support provision. The UK’s Offensive Weapons Act and Cambodia’s Acid Law aim to regulate acid sales and impose penalties, yet enforcement remains a concern.

Evaluation of legal frameworks emphasizes the importance of stringent laws, effective enforcement, regulation of acid sales, and comprehensive support for survivors. Public awareness and societal attitudes also play a crucial role in prevention. International collaboration and sharing of best practices are essential for addressing this global issue.

Lessons from Bangladesh’s comprehensive legal framework, the UK’s regulatory measures, and India’s support mechanisms offer valuable insights for other countries. However, addressing the root causes of acid attacks requires a holistic approach involving legal reforms, societal change, and women’s empowerment. Ultimately, the fight against acid attacks is a battle for human dignity and equality, demanding concerted efforts from governments, NGOs, and communities worldwide.

Keywords:- Acid Attack, Legal Framework, Effectiveness, Laws & Regulations, South Asia

A STUDY ON PROFESSIONAL ETHICS IN LAW AND RESPONSIBILITY OF ADVOCATES IN INDIA

AUTHORS – T.V.VEERA ABINESH KUMAR* & S.MADHUMITHA**, STUDENTS AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES, (SIMATS), SAVEETHA UNIVERSITY, CHENNAI.

BEST CITATION – T.V.VEERA ABINESH KUMAR & S.MADHUMITHA, A STUDY ON PROFESSIONAL ETHICS IN LAW AND RESPONSIBILITY OF ADVOCATES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 368-376, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Professional ethics encompasses an ethical code governing the conduct of persons engaged in the practice of law as well as persons engaged in the legal sector. All members of the legal profession have a paramount duty to the court and towards the administration of justice. The legal professionals should conduct themselves with etiquettes and manners. Advocates Act, 1961 empowers the Bar Council to lay down certain rules of conduct. Advocate holds a duty to the court where he is accountable to his client. Accordingly, the set of rules that govern their professional conduct arise out of the duties that they owe to the court, the client, their opponents and other advocates. Section 35 of the Advocates Act deals with the provisions regarding formulation and functioning of the Disciplinary Committee under the State Bar Council. The objective of the study is to know about the professional ethics in law and its responsibility in India.The sample size was 200. Dependent variables are about the importance of professional ethics, responsibilities of an advocate, awareness of the rules of Bar Council, duties of an advocate and their punishments for professional misconduct of an advocate. Independent variables areAge, gender.Professional ethics can also be stated as the duties that have to be followed by an advocate during his profession. The responsibility of legal ethics is to maintain honor and dignity of the legal profession to ensure the spirit of friendly cooperation, honorable and fair dealing of the counsel with his clients as well as to secure the responsibilities of the lawyers towards the society.Keywords :- Professional Ethics, Etiquettes, Bar Council, Advocate and Legal Profession

ELECTRONIC WASTES: MANAGEMENT AND REGULATIONS

AUTHORS – VIVEK SOLANKI* & DR. PRIYA VINJAMURI**,STUDENT* & ASSOCIATE PROFESSOR**, LAW COLLEGE DEHRADUN FACULTY OF UTTARANCHAL UNIVERSITY

BEST CITATION – VIVEK SOLANKI & DR. PRIYA VINJAMURI, ELECTRONIC WASTES: MANAGEMENT AND REGULATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 376-388, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Both industrialized and developing nations are grappling with the issue of electronic waste and have devised strategies to manage, address, and mitigate it. To assess readiness for handling it, regulations for managing e-waste in established and developing nations through regulations, rules, and legislative approaches—as well as the observation of consequences deriving from them—are crucial. It will take time to assess the impact and goals of a few developed country initiatives in comparison to those in underdeveloped nations, and to identify the advantages and disadvantages of e-waste rules. In order to effectively handle the reduction and justifiable handling of the e-waste problem, it is necessary and vital to incorporate innovative methods from many stakeholders in the rule-making process. The main requirements in an international forum that may address the economic reasons of illicit e-waste export and handling are the definition and analysis of the stock of e-waste, the source of inflow, limits in and out of the official and informal sectors, etc. It is necessary to assess the extent to which the rules have addressed the concerns raised by managing e-waste and determine whether more regulations are necessary. These three organizations include ensuring compliance, enforcing regulations, and removing health and environmental dangers associated to handling e-waste.

Keywords: WEEE, e-waste, imports, developed countries, developing countries.

ANALYSIS OF OPEN-SOURCE LICENCES AND ITS IMPACT ON EVOLUTION OF COPYRIGHT REGIME

AUTHORS – RATN PRIYA CHAUHAN* & DR. LAKSHMIPRIYA VINJAMURI**, STUDENT* & ASSISTANT PROFESSOR** AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – RATN PRIYA CHAUHAN & DR. LAKSHMIPRIYA VINJAMURI, ANALYSIS OF OPEN-SOURCE LICENCES AND ITS IMPACT ON EVOLUTION OF COPYRIGHT REGIME, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 400-405, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

For software development, two property regimes can be identified. On the one hand, corporations can establish a Private Regime that prevents any external parties from accessing the software assets of the company. It is demonstrated how, over the past 20 years, the protective tools of secrecy, copyright, and patent have been significantly enhanced. Conversely, a Public Regime of hackers can be identified, started by people, groups, or companies, where source code is shared openly. It is suggested that copyright is used in an innovative way in this instance. Authors assert their ownership rights and create “open source licences” that permit the public to access the code while controlling who may use it. A “controlled commons” is established. The analysis is divided into three main sections: the most significant open source licences to date, the issue of potential incompatibility between them (particularly with regard to the widely used General Public Licence), and the potential fragmentation into many user communities.

TAXATION SYSTEM IN INDIA

AUTHORS – AYUSHI KASHYAP* & UJJWAL KUMAR SINGH**, STUDENT* & ASSISTANT PROFESSOR** AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – AYUSHI KASHYAP & UJJWAL KUMAR SINGH, TAXATION SYSTEM IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 406-417, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The objective of this research is to thoroughly analyse many facets of the tax system in India.
According to the author’s observation, although there is a well-defined allocation of taxing authorities between the Central government and the State governments as stated in the Constitution, the Indian tax system has been very The tax system is intricate since it involves many taxes, numerous tax compliance regulations and procedures, ineffective tax administration, and various other concerns. Furthermore, this study aims to examine the historical progression of the Indian tax system across three distinct time periods: taxes in ancient India, taxes during British colonial rule, and taxes in post-independence India. This analysis is complemented by a thorough assessment of existing literature on the issue. The Constitution of India explicitly outlines the taxing rights of both the Union government and the States in List 1 and List 2 of the Seventh Schedule. However, these basic tax laws have been modified throughout time by Constitutional Amendments. This research paper includes a description of various types of taxes, including direct taxes like Income tax, Corporation tax, Wealth tax, Gift tax, Estate duty, and other taxes on capital and property. It also covers indirect taxes such as Customs duties, Excise duties, Sales tax, Service tax, Value added tax (VAT), and Goods and services tax (GST). The study report ultimately outlines key concerns and obstacles pertaining to tax changes in India, while also proposing essential measures that the government should do to enhance the efficiency of the tax system.

Key Words: Critical issues, Direct taxes, Historical evolution, Indirect taxes, Tax structure.

A STUDY OF MERCY PETITIONS IN INDIA: PROCESSES, OUTCOMES, AND IMPLICATIONS

AUTHOR – PARTH NARAYAN SINGH, STUDENT AT UTTARANCHAL UNIVERSITY

BEST CITATION – PARTH NARAYAN SINGH, A STUDY OF MERCY PETITIONS IN INDIA: PROCESSES, OUTCOMES, AND IMPLICATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 418-424, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In India, mercy petitions play a vital role in balancing governance, compassion, and justice by serving as a conduit between the executive and judiciary branches. People facing harsh sentences, including the death penalty, can petition the President of India or the governors of individual states for clemency. As a buffer against possible judicial errors and harsh sentences, the mercy petition process emphasizes human rights and humanitarian considerations; it is based on legislative foundations from the colonial era and has been refined through constitutional changes and judicial interpretations.
Articles 72 and 161 of the Indian Constitution, which provide clemency to the President and Governors, are emphasized in the study, which examines the legal foundation supporting mercy petitions. A decision is made by the President or Governor after the review process has gone through several levels, including recommendations from the judiciary, police, and jail officials.
Significant case studies like Kehar Singh, Dhananjoy Chatterjee, and Devender Pal Singh Bhullar demonstrate how humanitarian, social, political, and legal considerations impact results. These judgments are greatly influenced by public opinion and the media, which represent the ideals of society.
Establishing clear criteria, strengthening documentation and reporting, and maintaining time-bound processes are some recommendations for making the mercy petition process more transparent and equitable. To bring the Indian mercy petition procedure in line with international human rights norms and to improve the delivery of justice, there must be public discussion and legislative changes backed by thorough case study evaluations.

ABSOLUTE LIABILITY IN INDIA: UNION CARBIDE ANALYSIS AND THE ROAD AHEAD

AUTHORS- RUDRAKSH SINGH SISODIA & KRISH NEGI, STUDENTS AT RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB(PATIALA)

BEST CITATION – RUDRAKSH SINGH SISODIA & KRISH NEGI, ABSOLUTE LIABILITY IN INDIA: UNION CARBIDE ANALYSIS AND THE ROAD AHEAD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 337-349, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The case of Union Carbide Corporation v. Union of India stands as a significant milestone in the intersection of corporate liability and state sovereignty, particularly in the context of industrial disasters. This commentary aims to dissect the legal intricacies and societal implications stemmingfrom this landmark case.

Union Carbide Corporation, an American multinational corporation, owned and operated a chemical plant in Bhopal, India. In December 1984, a catastrophic gas leak occurred at the plant, resulting in thousands of deaths and widespread injuries. The Union of India filed a lawsuit against Union Carbide Corporation, seeking compensation for the victims and holding the corporation accountable for the environmental and human damages caused by the disaster.

The legal battle between Union Carbide Corporation and the Union of India revolved around complex issues of jurisdiction, corporate liability, and the extent of governmental authority in regulating multinational corporations. The Indian government contended that Union Carbide Corporation should be held liable for the disaster under principles of strict liability and negligence, arguing that the corporation failed to maintain safety standards at its plant. Conversely, Union Carbide Corporation challenged the jurisdiction of the Indian courts and disputed the extent of its liability, citing contractual agreements and asserting that the primary responsibility lay with its Indian subsidiary.

The resolution of Union Carbide Corporation v. Union of India carries profound implications for corporate accountability, environmental justice, and the balance of power between sovereign states and multinational corporations. The case underscored the need for robust regulatory frameworks to govern the activities of multinational corporations operating in foreign jurisdictions, particularly in industries with high potential for environmental harm. Moreover, it highlighted the challenges inherent in seeking justice and restitution for victims of industrial disasters, particularly in cases involving transnational corporations with significant economic resources and legal firepower. While the legal battle between Union Carbide Corporation and the Union of India resulted in a settlement, the case has been subject to criticism regarding the adequacy of compensation for the victims and the efficacy of legal mechanisms in holding corporations accountable for their actions. Furthermore, the case underscores the broader issues of corporate power and the limitations of state sovereignty in regulating global economic actors. Moving forward, the lessons learned from Union Carbide Corporation v. Union of India must inform efforts to strengthen international legal frameworks and corporate accountability mechanisms, ensuring greater protection for human rights and environmental integrity.

RIGHTS OF INDIGENOUS PEOPLE

AUTHORS – ARSHDEEP KAUR* & KHALEEQ AHMAD**, STUDENT & ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

BEST CITATION – ARSHDEEP KAUR & KHALEEQ AHMAD, RIGHTS OF INDIGENOUS PEOPLE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 322-331, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This article focuses on the rights of indigenous people and on resources in India, which is a main theme which require to be understood. As a branch of anthropology, It focuses on the country’s Indigenous peoples over 70 tribes that are often referred to as Adivasis. arguably the greatest freedom enshrined in the Indian Constitution is that of Aboriginal education to uphold their rights.

However, it is very essential to emphasize that the article recognize the fact of discrimination of these communities and rather frequent violating of their rights. This research reveals a misconception whereby, industrial and development related projects which can be favorable as a mean to the growth of an economy comes at the same time with the factor which is the expulsing of the indigenous people from their original homes. It concerns itself with aspects of compensation, compensation for which is often inadequate, and lives which require reconstruction due to projects sited in those areas. There is, however, a more positive side to the article sampled, which sheds light on how the Indian constitution provides for proper resource management structures that supposedly accords with the knowledge and rights of indigenous folks. Therefore, by combining both viewpoints, a more holistic and effective approach towards the utilization of resources can be developed.

KEYWORDS: Sons, daughters, tribes, indigenous, legal representation, common properties.

UNDERSTANDING THE DOCTRINE OF RES JUDICATA IN INDIAN PERSPECTIVE

AUTHORS – HARSH RAJ* & UJJWAL KUMAR SINGH**, STUDENT & ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

BEST CITATION – HARSH RAJ & UJJWAL KUMAR SINGH, UNDERSTANDING THE DOCTRINE OF RES JUDICATA IN INDIAN PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 332-336, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

A cornerstone of Indian law is the idea of res judicata, which guarantees the finality of court rulings and prohibits the retrial of cases that have previously been decided by competent courts. Its name, which comes from the Latin maxim “res judicata pro veritate accipitur,” is intended to encourage judicial efficiency by preventing needless court cases. Res judicata, which is codified in Section 11 of the Code of Civil Procedure, 1908, has two main purposes: first, it shields people from the hassle of having to deal with repeated lawsuits for the same issue; second, it preserves the authority and dignity of court decisions by considering them as definitive. Through significant rulings, the Indian judiciary has developed and improved the theory since independence. The finality of the decision, the participation of the same parties, the same cause of action, and the fact that the matter is directly and materially in dispute are important guiding elements. The doctrine covers arbitral proceedings, administrative rulings, and criminal cases. Application challenges come from changing legal environments, recognising similar problems, and overseeing public interest lawsuits. Despite these difficulties, res judicata is nonetheless essential for preserving the stability, efficacy, and integrity of the legal system since it prevents disputes from being reopened after they have been definitively settled.

Keywords– Res Judicata,Court, Code, Civil, Doctrine

ROLE OF ARBITRATION IN SHAREHOLDER DISPUTES

AUTHOR – DIKSHA RAO, STUDENT ATCHRIST (DEEMED TO BE UNIVERSITY), PUNE, LAVASA, CAMPUS

BEST CITATION – DIKSHA RAO, ROLE OF ARBITRATION IN SHAREHOLDER DISPUTES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 315-321, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The concept of arbitrability in India, particularly concerning shareholder disputes, has garnered significant attention and debate since the enactment of the Arbitration and Conciliation Act 1996. Understanding arbitrability’s definition is crucial as it delineates the scope of disputes amenable to arbitration versus those falling within the exclusive jurisdiction of state courts. While Indian courts have established criteria for determining arbitrability, the issue remains complex and varies across jurisdictions. This article examines the divergent perspectives on arbitrability, particularly focusing on shareholder disputes, which have become increasingly common amidst India’s economic growth. The enforcement and interpretation of shareholder agreements (SHA) vis-à-vis a company’s articles of association (AOA) have led to contrasting judicial interpretations, further complicating the landscape. Recent Supreme Court rulings, notably in Booz Allen & Hamilton Inc v SBI Home Finance Inc and Vidya Drolia v. Durga Trading Corporation, have attempted to provide clarity on arbitrability criteria, emphasizing distinctions between rights in personam and rights in rem. However, challenges persist, especially regarding the enforceability of arbitration provisions solely within SHAs. Additionally, shareholder disputes intersect with statutory remedies under the Companies Act 2013, particularly in cases of oppression and mismanagement, which are exclusively adjudicated by specialized tribunals. Despite judicial efforts to address arbitrability, the intricate nature of shareholder disputes necessitates a nuanced, fact-based approach, balancing the parties’ contractual autonomy with statutory safeguards. Thus, while arbitration offers a potential avenue for dispute resolution, the unique circumstances of each case demand careful consideration to ensure equitable outcomes.

Keywords – Arbitrability, Arbitration and Conciliation Act 1996, Shareholder Disputes, Legal Framework, Arbitration Agreement, Supreme Court of India, Companies Act 2013, Oppression and Mismanagement.