Author: PRASANNASRI26092001

ILLEGITIMACY AND RIGHTS IN HINDU LAW

AUTHOR – PURWA BALA, LLM STUDENT AT IILM UNIVERSITY, GREATER NOIDA, U.P, INDIA

BEST CITATION – PURWA BALA, ILLEGITIMACY AND RIGHTS IN HINDU LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1145-1151, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The status of an illegitimate child was not as unusual in Hindu law as it was in Common law, but this was altered in codified Hindu law, most likely as a result of English dominance during India’s colonial era. Specifically, the paper examines how Hindu law treats illegitimate children and examines the historical connection between marital status and validity, as well as the constitutional and societal foundations of the law. This relationship has been maintained for millennia across nations for moral and legal reasons; yet, experts in the subject have even justified it as a means of maintaining civilization by preserving its essential component—a traditional household. The court system, administration, and legislation in India are all part of the same apparatus that is obsessed with upholding the ideal household, albeit with notable exceptions. They have shown disdain for any alternative, despite the possibility that the rights of illegitimate children are incidental effects. As a result, this difference now contravenes Indian law. Crucially, the social rationale for preserving this distinction has already become out of date with the adoption of new reproductive technologies (such as assisted reproduction) or family structures (same-sex couples). Consequently, our research suggests that the differences in legislation should be eliminated to benefit the three parties involved in the illegitimacy association: the child, the unmarried parents, and the unmarried parent.

Keywords: Hindu, marital, Indian, illegitimacy.

CONSUMER PROTECTION IN INSURANCE: A CRITICAL ANALYSIS ON POLICY WORDING & DISCLOSURE

AUTHOR – HRISHIDHA BHATIA, AMITY LAW SCHOOL, NOIDA, AMITY UNIVERSITY

BEST CITATION – HRISHIDHA BHATIA, CONSUMER PROTECTION IN INSURANCE: A CRITICAL ANALYSIS ON POLICY WORDING & DISCLOSURE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1081-1144, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research critically examines the intricate relationship between consumer protection, policy wording, and disclosure within the insurance sector. Employing a doctrinal research methodology, the study delves into the legal frameworks, case law, and regulatory guidelines that govern these aspects, focusing particularly on how they influence consumer understanding and dispute resolution. The investigation highlights the paramount importance of clear policy wording and robust disclosure practices as fundamental mechanisms for protecting consumers in insurance transactions. It analyzes how ambiguities in policy documents and inadequate disclosures can lead to significant challenges for consumers, often resulting in disputes and dissatisfaction. Through a comprehensive review of legislation and judicial decisions across various jurisdictions, the study seeks to identify best practices and pinpoint areas where current regulations might be falling short. It proposes that enhanced clarity in policy wording and the enforcement of stringent disclosure requirements are crucial for reducing disputes and improving consumer trust in the insurance industry. The research explores the role of regulatory bodies in enforcing these standards and the impact of these regulations on the overall effectiveness of consumer protection measures. By synthesizing data from primary and secondary legal sources, the study provides a detailed assessment of the legal landscape as it pertains to consumer protection in insurance. The findings suggest that greater regulatory focus and improved consumer education on insurance policy terms are essential for fostering a more transparent and equitable insurance market.

A CASE STUDY ON SERI INFRASTRUCTURE FINANCE VS TUFF DRILLING ((2018) 11 SCC 470)

AUTHOR – KALYANII TIPULE, STUDENT AT MAHARASHTRA NATIONAL LAW UNIVERSITY NAGPUR

BEST CITATION – KALYANII TIPULE, A CASE STUDY ON SERI INFRASTURE FINANCE VS TUFF DRILLING ((2018) 11 SCC 470), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1075-1080, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The case study “SERI Infrastructure Finance v. Tuff Drilling: Jurisdiction of Arbitral Tribunals under Section 25(a) of the Arbitration & Conciliation Act, 1996” presents a landmark Supreme Court ruling addressing the tribunal’s authority to reconsider termination orders. The case originated from Srei Infrastructure Finance Ltd.’s legal action against Tuff Drilling Private Limited under arbitration proceedings. Despite several opportunities, Tuff Drilling failed to submit its Statement of Claim, leading to termination of proceedings under Section 25(a) of the Act. Upon the claimant’s application for recall, the tribunal rejected it, prompting a revision application before the Calcutta High Court. The High Court, recognizing the tribunal’s power to review its orders, remitted the matter for reconsideration. Dissatisfied, Tuff Drilling appealed to the Supreme Court, which examined the jurisdiction of arbitral tribunals under Section 25(a). The court analyzed relevant provisions, precedents, and legislative intent, concluding that tribunals possess the authority to recall termination orders upon sufficient cause. This ruling clarifies procedural review in arbitration, ensuring fairness and procedural integrity. It sets a precedent for future cases, emphasizing the importance of considering circumstances before terminating proceedings. Despite strengths in promoting fairness and clarity, challenges like legislative ambiguity and potential for delay warrant attention. Nonetheless, the case underscores India’s commitment to robust arbitration frameworks, promoting access to justice and reinforcing its position in international arbitration.

ANALYZING THE GENDER WAGE GAP AND STRATEGIES FOR SHUTTING WAGE GAP: A COMPREHENSIVE REVIEW

AUTHORS – ANUPRIYA¹ & DR. SUKRITI YADAV²

¹STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, LUCKNOW, U.P., INDIA

²ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY, LUCKNOW, U.P., INDIA

BEST CITATION – ANUPRIYA & DR. SUKRITI YADAV, ANALYZING THE GENDER WAGE GAP AND STRATEGIES FOR SHUTTING WAGE GAP: A COMPREHENSIVE REVIEW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1058-1074, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In actuality, the gender wage disparity persists despite changes in women’s behavior patterns. In the workforce, they have grown more tenacious and well-educated, expanded their college coursework, taken on multiple roles as breadwinners in their families, and joined labor guilds—often acting in a manner akin to that of males in areas that are coordinated.

There is a growing assortment of experimental work on gender focuses on that commonly base on the gender-wise depiction of individuals in different sectors. One such survey is the wage gap credited to gender. In this article, we have endeavoured to focus in on a bare essential investigation of the gender wage gap in the Indian setting. The audit was finished on the most recent Employment-Unemployment Survey did by NSS for the year 2012 and in respect with research by American economist Claudia Goldin^[1]. The audit relied upon the individual attributes as well as the qualities of the gig endeavoured by the workers. Ordinary least square relapse and linear quartile relapse model were used for examination. In our survey we have composed several fascinating determinants of wage difference subordinate generally upon the individual attributes. For women, individual brand name like age was extraordinarily critical determinant of wage however assuming there ought to be an event of men more industry express determinants were significant.Keywords: Gender Wage Gap, Women, Informal Sector, Equal Pay for Equal Value, Employer, Employee, Discrimination.

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[1] Scarcely any months prior, American economist Claudia Goldin was granted the Nobel Prize in Economic Sciences by the Royal Swedish Academy of Sciences. Goldin spread out through her investigation that women are “unfathomably underrepresented in the worldwide labor market and, when they work, they procure not as much as men.

PROTECTION OF CHILD LABOUR IN INDIA

AUTHOR – SUDHANSHU RAJ¹ & MRS.ADYA PANDEY², STUDENT¹ AND ASSISTANT PROFESSOR² AT AMITY UNIVERSITY LUCKNOW UTTAR PRADESH

BEST CITATION – SUDHANSHU RAJ & MRS.ADYA PANDEY, PROTECTION OF CHILD LABOUR IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1049-1057, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In the current situation, where international community does only grow, the unsolved problem of the childhood slavery is that you see kids working in industry. this essay argues that child labour problem is widely affected by social and economic factors. This piece of writing looks at an overall approach to the root causes shifting from addiction and poverty to illiteracy, lack of education, social and economic upturns and insufficient family income as the basic ones. Children cannot survive the financial hardships, they experience emotional issues being overly stressed, and they are at risk of getting wounded through working. At last, I believe the only reason why child labour was eradicated in our country, India (where governments has laws, governmental as well as non-governmental organizations have activities and communities had campaigns for the protection of child rights and to fight against child labour) was the role they all played. The more recent instances of weak supervisory authorities which have been unable to stop children from working disclose this aspect. The main purposes of any law pertaining to enabling children to work or involving any other forms of commitments by children to any form of employment or work have been to provide the working hours, minimum age of employment, complete physical wellness and general safety to the children. It is the much-awaited Child Labour (Prohibition and Regulation) Act of 1986 which is by far the most important of the legislations that we have on child labour, the first one being the Child labour (Pledging of Labour) Act of 1933 and the second one being Employment of Child Act of 1986.

WIELDING THE BLUE PENCIL: A PANACEA OR BANE FOR THE NON-COMPETE COVENANTS

AUTHOR – SHUBHAM SHARMA, DOCTORAL RESEARCHER, FACULTY OF LAW, UNIVERSITY OF DELHI

BEST CITATION – SHUBHAM SHARMA, WIELDING THE BLUE PENCIL: A PANACEA OR BANE FOR THE NON-COMPETE COVENANTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1042-1048, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Severability is generally an idea in retrospect, a filtering through a plethora of contractual rubble to rescue whatever endures a decision that a piece of a law or an agreement is illegal or in contractual terms, unfair. However, severability presents a pressing question time and again and that is: If part of an agreement is illegal or unfair, does the rest of the agreement holds good? The question is likewise universal and could emerge whenever part of an agreement is disputed or a specific utilization of a rule is held unlawful. Besides, the appropriate response can have significant results. It could be safely concluded that are severable parts of the agreement carry the risk of leaving the rest of an agreement in such a shape that the resultant agreement would be something that a party would have never sanctioned alone. On the other hand, a holding of non-severability can mean, for instance, that a whole covenant falls. In the landmark case of a solitary unlawful arrangement.As per Black’s Law Dictionary the Doctrine of Blue Pencil is a legal standard for choosing whether to discredit the entire agreement or just the culpable words. Under this standard, just the culpable words are refuted on the instance that it is conceivable to erase them essentially by running a blue pencil through them rather than changing, including or revising words. The Blue Pencil rule permits the courts just to strike down the culpable arrangements and authorize the remainder of the accord. Hence, it becomes imperative to study and analyse the balance to be created between the employer’s right to keep his trade and business intact as well an employee’s right to earn livelihood. This balance could be established by using the Doctrine of Blue Pencil, however, the same comes up with a few roadblocks of its own, which would be discussed further.

DATA MINING AND THE INDIAN COPYRIGHT LAW

AUTHOR – SIDHARTH MALHOTRA, STUDENT AT AMITY UNIVERSITY

BEST CITATION – SIDHARTH MALHOTRA, DATA MINING AND THE INDIAN COPYRIGHT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1017-1026, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper explores the legal implications of data mining in India. It dives into how data mining is used to train AI models and the copyright issues that can arise. The paper explains the relevant provisions of the Copyright Act, 1957 and how they can be infringed by data mining activities. It also explores the exceptions under Section 52 of the Act and the limitations of fair dealing in India. The paper discusses the government’s perspective on data mining and copyright and the current lack of plans to change the Copyright Act. It also details a landmark OLX case, that sheds light on web scraping and data rights in India. Overall, the paper provides a comprehensive overview of data mining and copyright law in India.

ANALYSING THE EFFECT OF NEW-AGE COMMUNICATION TECHNOLOGY ON BUSINESS ACTIVITIES

AUTHOR – SHANTANU KUMAR PODDAR & DR. POONAM GAUR, STUDENT AND ASSISTANT PROFESSOR AT AMITY SCHOOL OF COMMUNICATION, AMITY UNIVERSITY, NOIDA CAMPUS, UP

BEST CITATION – SHANTANU KUMAR PODDAR & DR. POONAM GAUR, DATA MINING AND THE INDIAN COPYRIGHT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1027-1041, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Modern technology has completely changed how companies run and communicate with their customers. Through the use of the technologies, organizations may now run more effectively, increase customer engagement, and access new markets. The internet has changed how businesses operate by allowing them to reach a worldwide audience through e-commerce. Artificial intelligence makes it possible to automate tasks, analyze data, and generate insights. But the effect of new age technology and its communication at its peak Companies using state-of-the-art technology development and meet the changing needs of customers. This research examines the effect of new-age technology communication on business activities. Businesses now confront unheard-of potential and difficulties as a result of the introduction of artificial intelligence, blockchain, the Internet of Things, and 5G networks. It looks at how these technologies are affecting corporate structures, processes, and strategy. It identifies the major success aspects, such as organizational culture, leadership, and workforce skills, and underlines the advantages and difficulties of implementing new-generation technologies in the company. This dissertation aims to explore the multifaceted impact of new-age communication technologies on businesses. The study analyses four valuable new-age technologies – the Internet of Things, Artificial Intelligence, Machine Learning, and Blockchain – and their respective applications in marketing. Particularly, the study dives deeply into each of these four technologies to better understand their major components, the markets in which they operate, and current use cases. The use of these cutting-edge technologies is likely to influence the outcomes for businesses and consumers. However, they are constantly discovering technologies that have not yet been fully explored and their full potential has yet to be realized. This study also identifies key areas that require management attention in the deployment of these cutting-edge technologies.

ENSURING FAIR TRIAL: ROLE OF PRE-TRIAL PROCEDURES IN THE INDIAN CRIMINAL JUSTICE SYSTEM UNDER CRPC

AUTHOR – PUNDARIK KUMAR, STUDENT AT CHRIST DEEMED TO BE UNIVERSITY, PUNE LAVASA CAMPUS

BEST CITATION – PUNDARIK KUMAR, ENSURING FAIR TRIAL: ROLE OF PRE-TRIAL PROCEDURES IN THE INDIAN CRIMINAL JUSTICE SYSTEM UNDER CRPC, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1011-1016, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Indian Criminal Justice System is founded on the principles of justice, fairness, and the protection of individual rights. Central to this system is the Code of Criminal Procedure (CrPC), which sets out the procedural framework for criminal trials. This research paper explores the crucial role played by pre-trial procedures outlined in the CrPC in safeguarding the rights of the accused and ensuring fair trials. Through an in-depth analysis of arrest protocols, bail mechanisms, investigative procedures, and the framing of charges, this paper examines the challenges and opportunities within the pre-trial phase. Drawing on case studies, judicial precedents, and comparative perspectives, it evaluates the effectiveness of current practices and proposes reforms to enhance fairness, efficiency, and access to justice.

KEYWORDS: Crime, Bail, Justice, CrPC, Right

NECROPHILIA AN OVERVIEW

AUTHOR – KARSHANA K S, STUDENT AT S.E.A COLLEGE OF LAW

BEST CITATION – KARSHANA K S, NECROPHILIA AN OVERVIEW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1006-1010, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

 Necrophilia refers to sexual attraction or activity involving with corpses. It’s considered morally reprehensive and illegal in many countries. She killed herself because she was a victim of sexual abuse. But even in death, her body was not spared. Her soul must be, somewhere, crying out in pain. We live in a society that turns a deaf ear to women who are abused everyday, can we then, hear the cries of the women who are dead? I have never feared death, but today my biggest fear is dying; my body after my death.” The term “necrophilia” is derived from the Greek words “philios” (attraction to/love) and “nekros” (dead body). It was coined by Joseph Guislain, a Belgian Alienist. Let us get into deeper knowledge about Necrophilia and its legal status in India.

KEYWORDS : Necrophilia, psychosexual disorder, paraphilia, law, sexually abuse and criminalization