Author: PRASANNASRI26092001

THE INSIGNIFICANT RIGHTS: A FALLACY UPTURNED

AUTHOR –  BHASKAR MISHRA & DR.ROHIT KUMAR SHUKLA, STUDENT & ASST. PROFESSOR AT AMITY UNIVERSITY, LUCKNOW UTTAR PRADESH

BEST CITATION – BHASKAR MISHRA & DR.ROHIT KUMAR SHUKLA, THE INSIGNIFICANT RIGHTS: A FALLACY UPTURNED, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 998-1005, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Child rights¹, like human rights, come from the idea that all people have fundamental rights that they are born with, and these rights are inalienable and inviolable. They cannot be taken away because of a person’s gender, age, religion, race, ethnicity or other factors. It is recognized that special protection must be given to children to ensure full, happy, and healthy development without fear of harm or exploitation.

APPROACH OF THE INTERNATIONAL COURT IN DETERMINING THE EXISTENCE OF CUSTOMARY INTERNATIONAL LAW: COMPARISON & ANALYSIS

AUTHOR – DEVIKA RAJ, SYMBIOSIS LAW SCHOOL NAGPUR

BEST CITATION – DEVIKA RAJ, APPROACH OF THE INTERNATIONAL COURT IN DETERMINING THE EXISTENCE OF CUSTOMARY INTERNATIONAL LAW: COMPARISON & ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 994-998, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

“Customary International Law is one of the most venerable sources of law. Certain behaviors and practices amongst the state have taken the aegis of time and have been formed as an integral facet of International Law which upon a time-to-time basis seeks the express validation of the International Court of Justice. The consistent comportment of the states has formed and gained the sanctity of law. In this manuscript, We will compare and analyze the approach of the International Court in determining the existence of Customary International Law in certain cases. The customs over time become legal obligations and are not explicitly written under conventions and treaties but preached as a matter of practice. ^[1] Custom is the method to create legally binding rules ever since the commencement of the international community. The implied consent of the states is present in the scenario of Customary International Law. There is also a lack of aptness and they cannot be regarded to have ceased to exist if they transformed into treaty rules. They pose an important source of International law and are deemed to be an idiosyncratic transaction of practices between two states.” ^[2]

KEYWORDS : Equidistance, Questionability, Jurisdiction, Judgement, Customary International Law

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[1] Cornell Law School Legal Information Institute https://www.law.cornell.edu/wex/customary_international_law#:~:text=Customary%20international%20law%20results%20from,for%20visiting%20heads%20of%20state. (12-03-2024)

[2] H.O AGARWAL , INTERNATIONAL LAW & HUMAN RIGHTS, (26,27) (CENTRAL LAW PUBLICATIONS 2021)

WOMEN’S HEALTH AND REPRODUCTIVE RIGHTS

AUTHOR – MOHIT KUMAR & SATYA VRAT PANDEY, STUDENT AT INTEGRAL UNIVERSITY, LUCKNOW

BEST CITATION – MOHIT KUMAR & SATYA VRAT PANDEY, WOMEN’S HEALTH AND REPRODUCTIVE RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 988-993, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Women’s rights to sexual and reproductive health are essential to women’s overall health, according to the ICPD. The Convention on the Elimination of All Forms of Discrimination Against Women contains several articles that serve as the foundation for these rights. The textual underpinning for women’s rights to sexual and reproductive health as stated in this and other international human rights instruments is examined in this article. The rights to health care and information, life, liberty, and personal security, as well as the freedom from discrimination in the distribution of resources for health services and their accessibility, comprise the rights to reproductive and sexual health. The rights to informed consent and confidentiality with regard to health care, as well as autonomy and privacy when making sexual and reproductive decisions, are crucial. The issues that are used to illustrate the article’s points about systemic violations of the aforementioned rights come in a variety of forms, such as maternal mortality, the absence of legal abortion procedures, the underfunding of family planning, coercive population programs, coerced sterilization consent from spouses, and discrimination against pregnant women in the workplace. Reproductive health, according to the World Health Organization (WHO), is the entire condition of physical, mental, and social well-being in all aspects pertaining to the reproductive system and all of its functions and processes—rather than just the absence of illness or infirmity. The full physical, mental, spiritual, political, social, and economic well-being of women and girls, predicated on the full realization and defence of women’s human rights, is known as reproductive justice. This article presents a non-polarized, more inclusive ethical course of action that uses an optimal health approach with new alliances for the reproductive justice movement today while acknowledging the history and limitations of reproductive health and rights.

Keywords: reproductive justice, reproductive health, reproductive rights, human rights; gender discrimination; equality; autonomy.

APPLICABILITY OF CODE OF CIVIL PROCEDURE, 1908 AND INDIAN EVIDENCE ACT, 1872 IN ARBITRAL PROCEEDINGS

AUTHOR – PRAVEEN KUMAR JAIN, ADVOCATE AT SUPREME COURT OF INDIA

BEST CITATION – PRAVEEN KUMAR JAIN, APPLICABILITY OF CODE OF CIVIL PROCEDURE, 1908 AND INDIAN EVIDENCE ACT, 1872 IN ARBITRAL PROCEEDINGS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 977-987, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

One of the main advantages of having recourse to the arbitration instead of the regular court of law is said to be its being speedier in nature. However, the above purpose seems to get frustrated due to the delay caused by the applicability of the technicalities of the procedural laws such as the Code of Civil Procedure, 1908 and the Indian Evidence Act, 1872 by the arbitral tribunal or by the counsel for the parties during the arbitral proceedings. Though, it is so provided in various Acts like Indian Evidence Act, 1872, Code of Civil Procedure, 1908, the Arbitration & Conciliation Act, 1996 that the provisions of above-stated procedural laws shall not be applicable on the arbitral proceedings and has also been clearly held by the Constitutional Courts in India repeatedly that the above-stated procedural Code and the Act shall not be applicable in whole but basic principles of them have been allowed to be invoked to deliver the justice to the litigants by the arbitrators. However, none of the judgments clearly lays down which is the Laxman Rekha for the Arbitrators or as to which of the procedural provisions are applicable and which are prohibited. This paper has been written to examine the above-stated aspects in detail.

Keywords: #adr #cpc #evidence #arbitration #procedure

PROTECTION OF MINORITIES RIGHTS: ANALYSIS OF ARTICLE 29 AND ARTICLE 30 OF THE INDIAN CONSTITUTION

AUTHORS – ISHANSH AWASTHI¹ &  DR  ROHIT KUMAR SHUKLA², STUDENT & ASST. PROFESSOR AT AMITY UNIVERSITY, LUCKNOW UTTAR PRADESH

BEST CITATION – ISHANSH AWASTHI & DR ROHIT KUMAR SHUKLA, PROTECTION OF MINORITIES RIGHTS: ANALYSIS OF ARTICLE 29 AND ARTICLE 30 OF THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 974-976, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The Indian Constitution offers strong safeguards for minorities’ cultural, educational, and linguistic rights. Particularly, with regards to culture, language, script, and the creation and management of educational institutions, Articles 29 and 30 protect the rights of linguistic and religious minorities. This essay looks at the importance, application, and legal interpretation of these two crucial articles. It examines how they have fostered inclusivity and national integration while allowing minorities to maintain their own identities. It also talks about the fine line that must be drawn between minority rights and state regulatory interests. The importance of Articles 29 and 30 in preserving secularism and democratic values in India is highlighted in the paper’s conclusion.

AI AND LEGAL FRAMEWORKS

AUTHOR – ADITYA JAIN, STUDENT AT IILM UNIVERSITY GREATER NOIDA

BEST CITATION – ADITYA JAIN, AI AND LEGAL FRAMEWORKS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 962-973, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper critically examines the intersection of artificial intelligence (AI) and legal frameworks, exploring the implications of AI technologies on existing legal systems and structures. Through a comprehensive analysis of case law, legislative developments, and scholarly literature, the paper elucidates the complex legal issues arising from the deployment of AI in various domains, including but not limited to, healthcare, finance, and criminal justice. It delves into the challenges posed by AI algorithms in terms of accountability, transparency, and bias, and evaluates the adequacy of current legal frameworks in addressing these challenges. Additionally, the paper investigates the potential of AI to enhance access to justice, streamline legal processes, and augment decision-making in legal proceedings. By synthesizing empirical evidence and theoretical perspectives, this paper aims to provide insights into the evolving relationship between AI and legal systems, and to offer recommendations for the development of adaptive and equitable legal frameworks that promote the responsible deployment of AI technologies.

ORGANIZED CRIME, THREAT TO NATIONAL SECURITY AND PREVENTIVE ACTION

AUTHOR – ADITYA JAIN, STUDENT AT IILM UNIVERSITY GREATER NOIDA

BEST CITATION – ADITYA JAIN, ORGANIZED CRIME, THREAT TO NATIONAL SECURITY AND PREVENTIVE ACTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 950-961, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper delves into the multifaceted nexus between organized crime and national security, analyzing the profound implications of organized criminal activities on the stability and integrity of nations. Drawing upon a wide array of scholarly literature, governmental reports, and case studies, the paper examines the evolving nature of organized crime networks, their global reach, and their ability to exploit vulnerabilities within societies. It highlights the detrimental effects of organized crime on economic prosperity, public safety, and democratic governance, emphasizing the imperative for proactive measures to counteract this pervasive threat. Furthermore, the paper evaluates various preventive strategies and policy interventions employed by governments and international organizations, ranging from legislative reforms and law enforcement initiatives to international cooperation and capacity-building efforts. By synthesizing empirical evidence and theoretical insights, this paper aims to provide a comprehensive understanding of organized crime as a national security concern and to offer actionable recommendations for mitigating its adverse impact on society.

DEFAMATION LAWS IN INDIA

AUTHOR – ASHCHRYA RAJ SINGH & SATYA VRAT PANDEY, STUDENT AT INTEGRAL UNIVERSITY, LUCKNOW

BEST CITATION – ASHCHRYA RAJ SINGH & SATYA VRAT PANDEY, DEFAMATION LAWS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 944-949, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Defamation laws in India are designed to shield people and organizations from malicious and false remarks that damage their reputations. These laws are mainly governed by the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC). Libel, which involves written or published assertions, and slander, which involves spoken words or gestures, are the two types of defamation. According to Section 499 of the Indian Penal Code, defamation is defined as any false statement made about an individual with the intent, knowledge, or reasonable belief that it will damage that person’s reputation. Signs, visual representations, spoken or written words, or both, can be used for imputation. In India, however, the truth is a defence against accusations of defamation, which means that if a statement can be shown to be accurate, it might not be regarded as defamatory. Defamation is punishable under Section 500 of the Indian Penal Code by up to two years in jail, a fine, or both. In addition, the law provides civil remedies for defamation, enabling people to pursue damages for reputational loss. Notably, the Indian judiciary has acknowledged the value of free speech and expression while striking a balance with the necessity of maintaining one’s reputation. Consequently, there exist specific exemptions from defamation rules, including remarks made in good faith in the public interest, reasonable remarks on topics of public concern, and remarks made by public officials while doing their official duties. Furthermore, with the rise of social media platforms in India, online defamation has become a major worry. Online defamation is a problem that is addressed by the Information Technology Act, of 2000 and its revisions, which give authorities the authority to take legal action against anyone who distributes defamatory content online. In conclusion, India’s defamation laws aim to reconcile the preservation of free expression with the protection of one’s reputation. The IPC makes defamation a crime, although there are exceptions to protect free speech and the public good, as well as truth as a defence. Legislators and law enforcement organizations continue to prioritise tackling the issues raised by online defamation as the digital landscape changes.

Keyword : Defamation, Reputation, Social Media, Character, Offences

CORPORATE RESPONSIBILITY IN ENVIRONMENT PROTECTION: LEGAL FRAMEWORK AND GAPS

AUTHOR – MS. DIWANSHI ROHATGI, ASSISTANT PROFESSORS AT AMITY UNIVERSITY, JHARKHAND, RANCHI

BEST CITATION – MS. DIWANSHI ROHATGI, CORPORATE RESPONSIBILITY IN ENVIRONMENT PROTECTION: LEGAL FRAMEWORK AND GAPS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 936-943, APIS – 3920 – 0001 & ISSN – 2583-2344.

Corporate Responsibility towards Environment or Corporate Environment Responsibility (CER) embodies a paradigm shift in corporate ethos, emphasizing the accountability of organizations beyond mere financial success. It encapsulates the commitment of businesses to minimize their ecological footprint, conserve resources, and proactively address environmental challenges. Moreover, corporate environment responsibility encompasses strategies that integrate environmental sustainability into core business models, fostering innovation and competitiveness while mitigating adverse impacts on ecosystems. CER is not just about altruism; it is increasingly tied to corporate reputation, customer preferences, and investor interests. Stakeholders, including consumers, investors, and regulatory bodies, are placing greater emphasis on company’s environmental practices. Businesses that prioritize CER often experience enhanced brand image, improved competitiveness, and stronger relationships with stakeholders.The paper begins by providing an overview of the legal framework on CER obligations. It explores how international agreements, such as the Paris agreement and Sustainable Development Goals, influence national legislation, creating a domino effect that shapes corporate responsibilities towards environmental conservation. However, within this framework, a notable gap lies that impede the efficacy of corporate environment responsibility. These gaps manifest in ambiguities surrounding enforcement mechanisms, inconsistencies in compliance requirements across jurisdictions, and insufficient penalties for non-compliance. Moreover, emerging environmental challenges often outpace the evolution of regulatory measures, leaving a void that corporations may exploit. The paper highlights the loopholes or shortcomings in existing environmental regulations concerning corporate responsibility, influence of stakeholders in driving corporate environment responsibility, enforcement action against corporations failing to adhere to environmental standards and, proposed reforms in legal frameworks to enhance corporate accountability in environmental protection in India.

Keywords: Corporate Environment Responsibility (CER), Legal Framework, Loopholes, enforcement action, proposed reforms.

 RESEARCH ON “ACCESSIBILITY AND EQUITY IN ADR”

AUTHOR – PARIDHI GOEL, STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – PARIDHI GOEL, A RESEARCH ON “ACCESSIBILITY AND EQUITY IN ADR”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 905-935, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Alternative Dispute Resolution (ADR) has emerged as a vital mechanism for resolving conflicts outside the traditional courtroom setting, offering parties flexibility, efficiency, and confidentiality. However, concerns persist regarding the accessibility and equity of ADR processes, particularly for marginalized and underrepresented groups. This abstract explores the intersection of accessibility and equity within the realm of ADR, delving into the challenges, best practices, and potential avenues for improvement. Accessibility in ADR refers to the extent to which individuals can effectively engage with and benefit from dispute resolution processes. One significant barrier to accessibility is the lack of awareness and information about ADR options, especially among disadvantaged communities. Limited access to legal resources and language barriers further exacerbate this issue, preventing individuals from fully understanding their rights and available avenues for resolution. Moreover, financial constraints can hinder access to ADR, as many services require upfront fees or payment for professional mediators or arbitrators.

Equity, on the other hand, pertains to fairness and impartiality in the ADR process, ensuring that all parties have equal opportunities to present their cases and have their voices heard. However, systemic biases and power imbalances often plague ADR proceedings, disproportionately impacting marginalized groups. For instance, cultural biases and stereotypes may influence mediator or arbitrator decision-making, while unequal bargaining power can result in coercive settlements that favor the more privileged party. Furthermore, the lack of diversity among ADR practitioners can perpetuate these disparities, as individuals from underrepresented backgrounds may not feel adequately represented or understood.  the dual challenges of accessibility and equity in ADR requires a multifaceted approach that encompasses both systemic reforms and targeted interventions. One crucial step involves increasing awareness and education about ADR options, particularly within marginalized communities. Legal aid organizations and community outreach programs can play a pivotal role in providing information and resources to underserved populations, empowering them to make informed decisions about dispute resolution.

Furthermore, efforts to enhance linguistic and cultural accessibility are paramount in ensuring equitable participation in ADR. This may involve providing language interpretation services, culturally competent mediators, and alternative communication methods to accommodate diverse needs. Additionally, fee waivers or sliding scale payment options can help mitigate financial barriers, ensuring that ADR remains accessible to individuals regardless of their economic status. Promoting equity in ADR requires fostering a more inclusive and representative practitioner pool. Diversifying the ADR workforce through targeted recruitment and training initiatives can help mitigate biases and better reflect the communities they serve. Moreover, implementing robust standards of conduct and ethical guidelines can promote fairness and impartiality in ADR proceedings, reducing the influence of implicit biases and power differentials. Technology also holds promise in enhancing accessibility and equity in ADR. Online dispute resolution platforms can overcome geographic barriers and provide convenient access to resolution services, particularly for individuals in remote or underserved areas. However, it is essential to ensure that these platforms are designed with accessibility features and adhere to privacy and security standards to safeguard the rights of participants.