Author: PRASANNASRI26092001

SCOPE FOR MISUSE FOR THE JUDICIARY IN INDIAN CONTEMPT LAW

AUTHOR – SHAIL HUNDEKAR, STUDENT AT CHRIST UNIVERSITY,

BEST CITATION – SHAIL HUNDEKAR, SCOPE FOR MISUSE FOR THE JUDICIARY IN INDIAN CONTEMPT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 531-538, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Freedom of speech and expression is a fundamental right enshrined in the Constitution of India under Article 19(1)(a). It is a vital right for the functioning of a democracy, as it allows citizens to hold their government accountable and to participate in public discourse. However, this right is not absolute and is subject to reasonable restrictions under Article 19(2), including restrictions in the interest of the administration of justice. One of the most important restrictions on freedom of speech and expression is the law of contempt of court. Contempt of court is an act not defined in the Constitution of India or any other statue. Oswald defines contempt to be constituted by any conduct that tends to bring the authority and administration of Law into disrespect or disregard or to interfere with or prejudice parties or their witnesses during litigation.^[1]

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[1] Oswald’s Contempt of Court, Butterworth Law Publishers Ltd, Third Edition Reprint,1993

BEYOND BORDERS, BEYOND LAWS:  INTER-COUNTRY ADOPTION FROM INDIA UNDER THE HAGUE CONVENTION AND THE JUVENILE JUSTICE ACT

AUTHOR – ADRUSHYA V, STUDENT AT SCHOOL OF LAW, CHRIST DEEMED TO BE UNIVERSITY

BEST CITATION – ADRUSHYA V, BEYOND BORDERS, BEYOND LAWS:  INTER-COUNTRY ADOPTION FROM INDIA UNDER THE HAGUE CONVENTION AND THE JUVENILE JUSTICE ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 483-490, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

Intercountry adoption, a growing practice where families adopt children from countries other than their own, has gained prominence. In 1993, the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption was established. Its purpose is twofold: to ensure that intercountry adoptions prioritize the child’s best interests and to prevent child abduction, sale, or trafficking. This research paper delves into the impact of the Hague Convention on intercountry adoption in India. By examining relevant literature and referencing provisions in the Juvenile Justice Act, the study assesses the effectiveness of the Hague Convention. Specifically, it analyzes adoption criteria, consent procedures, and post-adoption services influenced by the Convention. The research aims to shed light on the Convention’s efficacy and its implications for the well-being of children involved in intercountry adoption. Additionally, the study will identify implementation gaps and propose recommendations for enhancement.

Keywords: Adoption, CARA, Hague Convention, Inter-country, Juvenile Justice 

DRUGS AND THE CRIME RELATED TO THEIR TRAFFICKING AND ABUSE

AUTHOR – ARUN KUMAR T, ADVOCATE

BEST CITATION – ARUN KUMAR T, DRUGS AND THE CRIME RELATED TO THEIR TRAFFICKING AND ABUSE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 478-482, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:

              India is a country which has well resources and population. Through intelligent people and leaders, India has become a developing country. However, there are some disadvantages that obstruct India from becoming a developed country. One of the main disadvantages is drugs, which are mainly used by children and adolescents who are the backbone of our country. Mainly the manufacturers of drugs are targeting the children and making them addicted to the drugs. Thus, drugs consumed by the Children not only affect them and their family and physical health. This article mainly discusses drugs, sales, and distribution, criminal activities related to drugs, and laws made for the usage and sale of drugs.

KEYWORDS:             Drugs, Juvenile, NDPS Act, Drug Trafficking, Drug abuse, Stimulants, Drug addiction,

AIRLINE SAFETY AND SECURITY: CONTRIBUTORY ACCOUNTABILITY OF DGCA?

AUTHOR – PRASUN BALLABHA, STUDENT AT CHRIST DEEMED TO BE UNIVERSITY

BEST CITATION – PRASUN BALLABHA, AIRLINE SAFETY AND SECURITY: CONTRIBUTORY ACCOUNTABILITY OF DGCA?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 463-477, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:-

The Indian aviation industry is expanding quickly. Between April and November 2018, the total number of passengers travelling to, from, and within India increased by over 15% compared to about 6% globally. With 187 million passengers travelling to, from, and within India in FY 2017–18, India has risen to the seventh-largest aviation market in the world. By 2022, it’s anticipated to grow to the third-largest.

An expanding economy, rising earnings, fierce airline rivalry, and a favourable policy environment are all contributing to this increase. The government’s intention to drastically alter the growth trajectory of the sector was made clear by the National Civil Aviation Policy (NCAP 2016). NCAP’s flagship program – Regional Connectivity Scheme (RCS or UDAN) is taking flying to the masses by offering subsidised fares as low as USD 35 for a one hour flight.

DGCA (Directorate General of Civil Aviation), a statutory body whose primary responsibility is to enforce all aviation regulations and monitor the issuance of licenses to various types of pilots in India, is responsible for monitoring safety patterns in India.  BCAS (Bureau of Civil Aviation Security),  the  civil aviation regulatory body responsible for planning, implementation, security checks, training, etc., examines the security features of every airport in India. It is led by the Director General of the Directorate General for Civil Aviation Security (DG BCAS), which is the competent authority responsible for the establishment, regulation and administration of the National Civil Aviation Security Program and for the  implementation of Annex 17 of the Chicago Convention . congress ICAO (International Civil Aviation Organization), Security: Protecting Civil Aviation from Unlawful Interference. BCAS ensures that  aviation security standards are in compliance with national and international aviation security obligations/agreements to which India is a signatory. All agencies and players in the aviation sector across India have framed and implemented a number of laws and rules: (i) The Aircraft Act, 1934 and the Aircraft Rules, 1937 both have the power to regulate production and ownership. , use, operation, sale, import and export of aircraft. They define parameters for airworthiness determination, aircraft maintenance, flight and safety, aircraft registration  and survey. ii) Airports Authorities of India Act, 1994 – Responsible for the development, financing, operation and maintenance of all  airports in the State of India. (iii) Aircraft (Security) Rules 2011 – deals with aviation security and airport and aircraft security regulations. Violation of  acts/rules may result in fines or imprisonment. Local state police officers deal with crimes that usually fall under  state law.

KEYWORDS:- Directorate General of Civil Aviation (DGCA), Civil aviation policy, Safety audits, Safety culture in airlines, Aviation accidents and investigations, Counter-terrorism measures in aviation

A CRITICAL ANALYSIS OF THE RAPE LAWS FOR MEN IN INDIA

AUTHORS – KESHAV MANIKERNIKA & K CHAKRA PANI, STUDENTS AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – KESHAV MANIKERNIKA & K CHAKRA PANI, A CRITICAL ANALYSIS OF THE RAPE LAWS FOR MEN IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 455-462, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Rape has always been a heinous crime in our society. In a society like India, rape has been attached to religious and societal values and essence, making it not only a criminal act but an act against the societal fabric and peace. Indian law has defined rape as an offence under Section 376 of the Indian Penal Code (IPC). There are different forms of rape being made punishable under it, ranging from 376-A to 376-E, making it one of the most stringent offences leaving no loopholes for the accused. But there is one flaw: it considers only a woman as a victim. Framed during the British Era, when the ‘man’ was a ‘masculine beast’ and nothing could make him weak, the IPC has always had the patriarchal notion of the offence of rape, making only the woman a victim, and a man the perpetrator. There is a lack of gender neutrality in laws relating to rape. The only offence which relates most closely to the rape of men is Section 377 of the IPC, which defines unnatural offences. The cases of rape against men are never noticed, while only some appear in the light of the day. Rape of men is perceived as biologically impossible as per the latest definition in the IPC and as per the societal norms. The absence of a gender-neutral rape law poses a problem towards not only the safety of men but also the societal fabric surrounding men. Along with the feminist movements supporting the empowerment of women and posing patriarchy as a threat to be demolished, laws on the safety of men are not in sight. A woman cannot be charged for rape but can only be charged for facilitating such a crime. This notion of men not being able to get raped, but only sodomised, has questioned the theory of gender equality and feminism, which have roared for the women, but stayed silent for the men.

KEYWORDS – Gender equality, Criminal Law, Rape, Section 376 IPC, Section 377 IPC, Sodomy, Male Rape

STUDYING ANTI-MONEY LAUNDERING LAWS AND REGULATIONS IN INDIA. A MENACE TO INDIAN ECONOMY

AUTHOR – VASU SHARMA, STUDENT AT CHRIST DEEMED TO BE UNIVERSITY

BEST CITATION – VASU SHARMA, STUDYING ANTI-MONEY LAUNDERING LAWS AND REGULATIONS IN INDIA. A MENACE TO INDIAN ECONOMY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 439-454, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The impact of India’s anti-money laundering (AML) legislation and regulations on the country’s economy is examined in depth in this study. Economic stability and the integrity of the financial system are seriously threatened by money laundering. By examining the legal framework and regulatory measures established to combat this menace, this research sheds light on the effectiveness of existing AML policies in safeguarding the Indian economy. The study investigates key aspects such as the enforcement of “know your customer” norms, financial institutions’ role in prevention, and the relevance of international cooperation through UN conventions. It also addresses the challenges of implementing these laws and proposes recommendations for enhancing AML measures. Through a comprehensive analysis of AML laws, this study aims to raise awareness about the economic implications of money laundering in India and suggests strategies to fortify the country’s financial resilience.

Keywords: Anti-Money Laundering (AML); Money Laundering; Indian Economy; Financial Regulations; Financial Crimes; Economic Stability

UNVEILING PSEUDO-FEMINISM: DISTORTIONS, CHALLENGES, AND THE QUEST FOR GENUINE GENDER EQUALITY

AUTHOR – SNEHA SHARDA, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – SNEHA SHARDA, UNVEILING PSEUDO-FEMINISM: DISTORTIONS, CHALLENGES, AND THE QUEST FOR GENUINE GENDER EQUALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 429-438, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

Pseudo-feminism^[1], a distorted contradiction of the feminist movement, poses a formidable challenge to the principles of equality and justice that undermines genuine feminism. While real feminism strives to dismantle male dominated  systems and uplifts all genders, pseudo-feminism often portrays  harmful stereotypes, practices exclusion, and resorts to superficial gestures that fail to advance true gender equality. This research paper give an idea of  the problems of pseudo-feminism, exploring its manifestations in workplaces, legal systems, and broader societal contexts.

The paper lays emphasis on the  prevalence of pseudo feminism in the workplaces and the society . It underestimates the importance of challenging these outcomes  and implementing policies that promote inclusivity, fairness, and  progress. By dissecting the roots of pseudo-feminism and its detrimental effects, the paper seeks to raise awareness and foster meaningful dialogue surrounding the complexities of gender equality.

Drawing some light from the  inspirational  words of Gloria Steinem, the paper reaffirms the depth of feminism as recognizing the equality and scope of all genders. It backs up for a real commitment to  feminism, one that embraces diversity, promotes inclusivity, and strives for justice for all. Through rigorous analysis and  dedication to authentic principles, the paper provides a vision for future where pseudo-feminism is confronted and overcomes , paving the way for a truly equitable and just society for generations to come.

The concept of feminism has always been manipulated and misinterpreted . The pretentious  feminists or let me correct, the pseudo feminists have forgotten the basic essence of the feminism i.e. equality. Feminism  has empowered the role and rights of women to be recognized but a further recognition of the torture happening towards men  is also required. Traditionally, rape was thought to be and defined as a crime committed solely against women. But there are so many men out there who had been a victim of female predators, and even male. On top of that, because of social stigmas and a lack of legal recourse, males are even less likely than females to report an assault. We will try to analyze the patriarchal ^[2]mindset of society and put forward laws to protect the victims.hese principles stand in direct opposition to the gender equity principles of feminism. This research paper seeks to provide insight into the phenomenon of pseudo-feminism as it appears across genders, explored in the personal and professional contexts of South African citizens.  In the absence of a clear distinction within society between feminism and pseudo-feminism, feminism may be seen as a movement that has come to support the suppression of non-female genders, undoing decades of progress. These findings add to the body of knowledge and are valuable to gender equity activists, gender studies researchers, and academics.

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^[1] Manipulation of women’s rights by demeaning male in the society

^[2] Relating or denoting a system of society controlled by men

A STUDY ON THE NEED TO INCLUDE ‘POLITICAL GROUPS’ WITHIN THE SCOPE OF THE 1948 CONVENTION ON GENOCIDE

AUTHOR – VARADA HAWALDAR, STUDENT AT SCHOOL OF LAW, CHRIST

BEST CITATION – VARADA HAWALDAR, A STUDY ON THE NEED TO INCLUDE ‘POLITICAL GROUPS’ WITHIN THE SCOPE OF THE 1948 CONVENTION ON GENOCIDE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 421-428, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

One major obstacle to the Genocide Convention’s effectiveness in resolving modern disputes is the historical reasoning behind the exclusion of certain political groups from it. Political group exclusions hinder the Convention’s capacity to fully address cases of genocide in modern conflicts, where non-state players and political connections are crucial.

The exclusion of political groupings is against both more comprehensive human rights standards and the increasing understanding of genocidal activities. To achieve a more equitable legal system, the paper highlights that the Convention must be aligned with the core values of human rights, especially protecting persons from discrimination and persecution based on political convictions. Further, such a measure would ensure that this loophole in the law is not taken advantage of to escape punishment for genocide and that the Convention can better protect such vulnerable groups.

This paper argues that the Convention’s recognition of political groups as protected categories is an essential step to be undertaken to ensure that international law complies with the complexity of contemporary conflicts. It studies the various instances of political genocide and the lack of the Convention while adequately dealing with the same.  The author has relied on existing research, cases, and available data. 

Keywords: Genocide, Political Groups, International Law, Genocide Convention

THE EFFICIENCY OF CODE ON WAGES, 2019  IN GUARANTEEING MINIMUM WAGES TO GIG WORKERS

AUTHOR –  MAHATHI SIVARAJ, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – MAHATHI SIVARAJ, THE EFFICIENCY OF CODE ON WAGES, 2019  IN GUARANTEEING MINIMUM WAGES TO GIG WORKERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 415-420, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The impact of COVID-19 pandemic brought out the importance of gig economy workers, especially online workers, in the Indian economy, and the pandemic also highlighted the troubles faced by them. During the pandemic the freelance platform workers played a major role in providing various essential economic services preventing the economy from being slow. However, there is little to no express legal regulations regarding the provision of social protection to gig workers especially with regard to guaranteeing minimum wages and grounds of classification of gig workers of the same purpose. The paper makes use of a qualitative approach, by analysis of various existing literature, legislations in power, and also cases adjudicated, to analyse the current existing definition of gig workers and the protections awarded to them in their various sectors. It is concluded that ambiguity regarding the inclusion of gig workers in the definition of ‘employee’ under the Code on Wages prevail and that would cause the inevitable loss of benefits to gig workers. Further ambiguity was noticed in the definitions given by the Courts through their interpretation where certain precedents consider certain groups of gig workers as ‘contractual labourers’ and a certain other group as traditional employees. In conclusion, the Code on Wages can be viewed as an opportunity provided to expand the definition of ‘employee’ under the act, and therefore  the paper recommends that the Code on Wages, 2019 needs to be amended to include a definition of gig workers, understanding the need and design equitable schemes for all groups of gig workers rather than considering these groups to be a part of ‘traditional workers’, ‘contractual labour’, and ‘independent contractors. This would enable them to receive fair and equal remuneration as per the provisions of the act. 

Keywords: gig economy; gig workers; minimum wages; Code on Wages, 2019; social protection

CRYPTOCURRENCY-DRIVEN DRM SOLUTIONS: STRIKING A BALANCE BETWEEN COPYRIGHT PROTECTION AND USER PRIVACY. ASSESS THE POTENTIAL OF BLOCKCHAIN DRM SYSTEMS IN SAFEGUARDING COPYRIGHTED CONTENT, MAINTAINING USER PRIVACY, AND DETERRING PERSONAL DATA MISUSE

AUTHOR – THARUN M, STUDENT AT SCHOOL OF LAW , CHRIST DEEMED TO BE UNIVERISTY

BEST CITATION – THARUN M, CRYPTOCURRENCY-DRIVEN DRM SOLUTIONS: STRIKING A BALANCE BETWEEN COPYRIGHT PROTECTION AND USER PRIVACY. ASSESS THE POTENTIAL OF BLOCKCHAIN DRM SYSTEMS IN SAFEGUARDING COPYRIGHTED CONTENT, MAINTAINING USER PRIVACY, AND DETERRING PERSONAL DATA MISUSE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 407-414, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The digital revolution has transformed the landscape of content distribution and access, making it imperative to strike a balance between copyright protection and user privacy. This research explores the potential of cryptocurrency-driven Digital Rights Management (DRM) solutions, harnessing blockchain technology to harmonize these often-conflicting imperatives. By evaluating blockchain DRM systems, our study assesses their efficacy in safeguarding copyrighted content while upholding user privacy and deterring personal data misuse. The research is structured into distinct sections, each dissecting critical facets of this multifaceted subject.

In the digital age, ensuring copyright protection while preserving user privacy is a paramount challenge. This research investigates the promise of cryptocurrency-driven Digital Rights Management (DRM) solutions, underpinned by blockchain technology, to reconcile these objectives. Our analysis of blockchain DRM systems aims to ascertain their capacity to secure copyrighted content, respect user privacy, and discourage personal data abuse. The paper’s structured approach involves specific sections, each dedicated to dissecting key dimensions of this multifaceted issue.

As digitalization reshapes content sharing and access, the delicate equilibrium between copyright protection and user privacy becomes increasingly crucial. This research delves into the potential of cryptocurrency-driven Digital Rights Management (DRM) solutions, empowered by blockchain technology, to address this challenge. By assessing the capabilities of blockchain DRM systems, we aim to establish their effectiveness in shielding copyrighted content, preserving user privacy, and discouraging personal data misuse. The paper’s structured organization comprises distinct sections, each dedicated to exploring various dimensions of this complex issue. Keywords: digital revolution, copyright protection, user privacy, cryptocurrency-driven DRM, blockchain technology, personal data misuse.