Author: PRASANNASRI26092001

UNDERSTANDING CRIMINAL LAW WITH NEUROSCIENCE RESEARCH METHODOLOGY

AUTHOR – MALVIKA SHREE, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – MALVIKA SHREE, UNDERSTANDING CRIMINAL LAW WITH NEUROSCIENCE RESEARCH METHODOLOGY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 395-406, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rapid advancement of neuroscience has unveiled unprecedented insights into the neurological underpinnings of human cognition, decision-making, and behavior, with profound implications for the criminal justice system. This interdisciplinary research paper explores the potential contributions of neuroscience to enhancing our understanding of criminal behavior and its integration into various aspects of criminal law. It delves into the neurological basis of criminal actions, examining how brain abnormalities, impaired cognitive processes, and environmental factors can predispose individuals to engage in criminal conduct. The paper also investigates the use of neuroscientific techniques, such as neuroimaging and brain activity mapping, in assessing criminal culpability, diminished capacity, and risk of recidivism. Crucially, it examines the complex ethical and legal considerations surrounding the incorporation of neuroscientific evidence in criminal proceedings, including concerns about misinterpretation, privacy violations, and potential for bias or discrimination. Additionally, the role of neuroscience in informing targeted rehabilitation programs, early intervention strategies, and sentencing decisions is explored. The paper proposes guidelines and recommendations for the responsible and appropriate integration of neuroscientific insights into the criminal justice system, emphasizing the need for stringent standards, robust protocols, comprehensive training, and ethical safeguards. It further discusses emerging technologies, cross-cultural perspectives, and future directions in this rapidly evolving field. Ultimately, the research underscores the paradigm shift neuroscience represents for criminal law, offering opportunities to enhance our understanding of criminal behavior while upholding legal principles of fairness, due process, and individual rights.

Keywords: Neuroscience, Criminal Law, Neurocriminology, Neuroimaging, Criminal Culpability, Rehabilitation, Ethics, Legal Implications, Neurotechnology, Cross-Cultural Perspectives.

CRYPTO REGULATION AND INNOVATION: STRIKING THE OPTIMUM BALANCE

AUTHOR – GARIO MENDEZ, STUDENT AT CHRIST (DEMMED TO BE UNIVERSITY), BANGALORE

BEST CITATION – GARIO MENDEZ, CRYPTO REGULATION AND INNOVATION: STRIKING THE OPTIMUM BALANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 386-394, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The cryptocurrency industry’s continuous growth, combined with a succession of exchange failures, has spurred several debates about the necessity for regulatory frameworks. Regulators worldwide have expressed worry about the hazards presented by digital assets, with some attempting to control as much of the space as feasible. Cryptocurrencies have been associated with fraud, money laundering, market manipulation, and other financial crimes, which have undermined the credibility of the industry and posed significant challenges for regulators. 

One of the main attractions in the market is the continuous innovations in the crypto space. The main attraction in the crypto market is the limited regulatory mechanisms prevalent, which provides for the investors and traders, with various opportunities for innovation. Over the past few years, various new cryptos have been introduced, along with newer innovations such as Defi and NFT’s.

In the fast-changing ecosystem of cryptocurrency and blockchain technology, regulators, industry participants, and stakeholders face a tough dilemma when it comes to regulation and innovation. Various reasons emerge, which pushes the agencies to adopt policies for crypto regularions. While some individuals argue for implementing strict regulations in the crypto space, others argue against the same, stating innovation hurdles.

This research investigates the vital importance of finding the right balance between regulatory monitoring and enabling innovation in the cryptocurrency ecosystem. Key words: Crypto regulation, Innovation, Money-Laundering, investor protection

CELL-GENERATED MEAT AND ITS INTRODUCTION IN INDIA

AUTHOR- MISS ANOUSHKA MENON, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – MISS ANOUSHKA MENON, CELL-GENERATED MEAT AND ITS INTRODUCTION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 378-386, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Recently the US allowed the commercial use of cell-generated meat which is a great way to use artificial intelligence in a step towards social change. This method involves taking a sample of muscle cells and later multiplying it to develop into a full tissue. This innovation curbs the ill impacts of the meat industry and its effect on our ecosystem. Apart from it being environment friendly it also ensures proper levels of hygiene and safety. Based on the National Family Health Survey conducted in 2016, nearly 75% of the Indian population consumes meat in some form. As of 2023, India is the most populous country and to meet the demands of such a growing population this method would be the step going forward. Thus, to ensure the quality and safe production of cell-generated meat, well-researched and solid guidelines need to be set in place. In order to do this research, data was taken from credible sources such as the Food and Drug Administration (the United States government), research articles from the National Library of Medicine, National Institutes of Health, and so on. We looked into the regulations in different countries and the supporting regulations the Food Safety and Standards Regulations, 2016 has. By the end of this research paper, discussions and recommendations are made as to what India can do in addition, to welcome a successful change in how the Meat and Poultry sector functions and produces using this innovative and revolutionary method of Artificial Intelligence aided lab/cell generated meat.

RETHINKING FEMALE GENITAL MUTILATION: A HUMAN RIGHTS’ APPROACH

AUTHOR: S SRINIDHI, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE) UNIVERSITY

BEST CITATION – S SRINIDHI, RETHINKING FEMALE GENITAL MUTILATION: A HUMAN RIGHTS’ APPROACH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 372-377, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Female genital mutilation/cutting (FGM/C) is recognized globally as a grave violation of women’s and girls’ rights, involving the partial or total removal of external genitalia or other non-medical genital procedures. With over 200 million females affected and approximately 3.6 million at risk annually, FGM/C presents a pressing human rights concern. Drawing on the principles of the Universal Declaration of Human Rights, the Convention on the Elimination of all Forms of Discrimination against Women, and the Convention on the Rights of the Child, this paper examines the multifaceted dimensions of FGM/C and the imperative for human rights-based interventions. Through legal enforcement, empowerment-focused education, and community-driven campaigns, efforts to eradicate FGM/C strive to protect the fundamental rights and well-being of women and girls globally. This research contributes to the ongoing discourse on effective strategies for addressing FGM/C and underscores the urgency of concerted action to eliminate this harmful practice.

“BREAKING THE SILENCE: THE URGENT FOR CRIMINALIZING MARITAL RAPE”

AUTHOR  – A.N. SIRISHA SWAMY, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – A.N. SIRISHA SWAMY, BREAKING THE SILENCE: THE URGENT FOR CRIMINALIZING MARITAL RAPE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 367-371, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

In India’s complicated social fabric, where deep-rooted cultural mores meet complex legal frameworks, marital rape poses a tremendous problem at the junction of private morality and public law. Despite advances towards gender equality and increased awareness of gender-based violence, marital rape is still a controversial and sometimes disregarded problem in the Indian legal system. ^[1]Historically, the institution of marriage has been respected, with its sanctity often hiding heinous crimes like sexual assault under the guise of conjugal privileges and marital solitude. This research seeks to explore the complex interplay between entrenched cultural norms and India’s changing legal environment, with a particular emphasis on marital rape.^[2] It investigates how these cultural and legal paradigms affect the identification and reaction to marital rape, raising serious concerns about the sufficiency of current laws and the tremendous effect that society institutions have on human rights and safety.

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[1] Sankaran, M. V. (1978). THE MARITAL STATUS EXEMPTION IN RAPE. Journal of the Indian Law Institute, 20(4), 594–606. http://www.jstor.org/stable/43950556.

[2] Gangoli, G. (2011). Controlling women’s sexuality: rape law in India. In G. Gangoli & N. Westmarland (Eds.), International approaches to rape (1st ed., pp. 101–120). Bristol University Press. https://doi.org/10.2307/j.ctt9qgkd6.9*

CITIZENSHIP AMENDMENT ACT

AUTHORS – DEVANSHI SINGH & DR AXITA SHRIVASTAVA,

STUDENT¹ & ASSISTANT PROFESSOR² AT AMITY LAW SCHOOL, AMITY UNIVERSITY, UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – DEVANSHI SINGH & DR AXITA SHRIVASTAVA, CITIZENSHIP AMENDMENT ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 363-366, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

India’s Parliament enacted the Citizenship Amendment Act (CAA) in December 2019. Thanks to this act, non-Muslim migrants from Bangladesh, Pakistan, and Afghanistan can now become citizens of India more swiftly. Soon after the CAA was approved, there were widespread protests throughout India, and the government responded by harshly suppressing the demonstrators. There are worries that this law and the projected national register of citizens, which would disenfranchise a large number of Indian Muslims, are attempts to create a religious test for Indian citizenship. An outline of the CAA and the reasons it represents a significant deterioration in religious freedom in India are given in this brief.

Keywords.    Demonstrators, Disenfranchised , Overseas citizens,Migrants ,Naturalisation

RIGHT TO WEAR RELIGIOUS CLOTHING IN PUBLIC PLACES AND THE EXCEPTIONS TO THE ESSENTIAL RELIGIOUS PRACTICE: A STUDY OF ARTICLE 25 OF THE INDIAN CONSTITUTION

AUTHOR – AAKARSH MADHU PILLAI, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – AAKARSH MADHU PILLAI, RIGHT TO WEAR RELIGIOUS CLOTHING IN PUBLIC PLACES AND THE EXCEPTIONS TO THE ESSENTIAL RELIGIOUS PRACTICE: A STUDY OF ARTICLE 25 OF THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 357-362, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper investigates the legal and practical dimensions of the right to wear religious clothing in public places in India, focusing on the provisions of Article 25 of the Indian Constitution. The study explores the intricate balance between religious freedoms and state regulations, particularly in the context of exceptions to essential religious practices. Central to the analysis is the examination of the Essential Religious Practices (ERP) Test, a judicial mechanism used to determine the fundamental nature of religious practices and their protection under Articles 25 and 26 of the Constitution. Through a qualitative research approach, this paper delves into the evolution of the ERP Test through landmark court judgments, highlighting its implications for religious autonomy and state intervention. The research critically evaluates the impact of exceptions to essential religious practices on the right to wear religious clothing in public spaces, with a specific focus on recent controversies such as the hijab ban in educational institutions. By dissecting key legal and practical considerations, the study sheds light on the challenges faced by religious minorities in exercising their faith within a secular framework. Furthermore, the paper explores the constitutional framework of secularism in India, emphasizing the state’s commitment to treating all religions equally and protecting the rights of religious minorities. Drawing on significant cases like S.R. Bommai v. Union of India, the research underscores the importance of religious tolerance and equal treatment of diverse religious groups in upholding the principles of secularism. Through a comparative analysis of exemptions granted to various religious communities nationally and internationally, this study aims to provide a comprehensive understanding of the broader implications of religious freedoms and restrictions. By considering the cultural, social, and legal dimensions of religious practices, the research contributes to the ongoing discourse on individual rights, religious autonomy, and state intervention in a diverse society.

Keywords: Essential religious practices, ERP Test, secularism, religious minorities,  religious autonomy, cultural implications.

REVISITING THE AGE OF CONSENT: A CRITICAL ANALYSIS OF LOWERING THE AGE FROM 18 TO 16

AUTHOR – AKSHATHA NAGARAJ, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – AKSHATHA NAGARAJ, REVISITING THE AGE OF CONSENT: A CRITICAL ANALYSIS OF LOWERING THE AGE FROM 18 TO 16, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 349-356, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The age of consent has long been a subject of societal and legal debate. This paper offers a critical evaluation of the suggestion to lower the consent age from 18 to 16. Proponents contend that this adjustment is in line with the developing sexual consciousness and maturity of today’s kids. They argue that it more accurately captures the realities of contemporary relationships and encourages sexual autonomy. This paper, however, also looks at the possible dangers and issues that could arise from such a transition.

Reducing the consent age to 16 is thought to recognise the ability of youth to make mature choices regarding their own bodies and relationships. Its supporters contend that it lessens the possibility of criminalizing consenting relationships between partners who are close in age. Additionally, it might promote more positive views towards sexual interactions by promoting candid discussions about consent and sex in families and educational institutions.       

However, critics worry about the possibility of coercion and exploitation, especially when elderly couples are involved. They fear that 16-year-olds might not be emotionally or cognitively mature enough to fully understand the consequences of their decisions. The legal ramifications of consent age and how it interacts with statutory rape legislation are similarly complicated.                                                    

This critical study, with reference to the The Protection of Children from Sexual Offences Act or POCSO, explores these divergent points of view, highlighting the significance of a knowledgeable and impartial approach when thinking about a change in the legal age of consent. It emphasizes how important it is to provide age-appropriate knowledge, thorough sex education, and a safe space for young people to make decisions about their sexual lives. In the end, the argument for lowering the consent age necessitates carefully weighing the effects on young people, interpersonal relationships, and society at large.

Keywords: Consent, Sexual Autonomy, Mature, POCSO, Sex Education

VICTIM ASSISTANCE PROGRAMS IN INDIA: A YEARNING FOR RENAISSANCE IN VIEW OF SCANDINAVIA AND SINGAPORE

AUTHOR – SUBBAIAH NM, STUDENT AT SCHOOL OF LAW, CHRIST UNIVERSITY BANGALORE

BEST CITATION – SUBBAIAH NM, VICTIM ASSISTANCE PROGRAMS IN INDIA: A YEARNING FOR RENAISSANCE IN VIEW OF SCANDINAVIA AND SINGAPORE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 340-348, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This study explores the nexus and differences between victim assistance programs in India, Singapore, and Scandinavian nations, shedding light on the diverse approaches and strategies employed to support victims of crime in these regions. While the primary goal of victim assistance programs worldwide is to provide aid and support to those affected by crime, the methods and frameworks employed vary significantly. In India, victim assistance programs primarily rely on a combination of governmental and non-governmental organizations to address the needs of victims. The socio-cultural context in India heavily influences the provision of victim assistance, with a focus on emotional and social support, legal aid, and financial compensation. The study examines the challenges faced by these programs, such as resource constraints and regional disparities, and how they impact the effectiveness of victim assistance in a diverse and populous country like India. Conversely, Singapore adopts a centralized and well-funded approach to victim assistance, often relying on state agencies and law enforcement to provide comprehensive support. This approach ensures a streamlined and efficient process for victims, but the study also investigates potential drawbacks, including the potential for bureaucracy and a lack of diversity in support services. Scandinavian nations, comprising countries like Sweden, Norway, Finland and Denmark, prioritize a holistic, welfare-based approach to victim assistance. This includes a strong emphasis on mental health support, reintegration into society, and comprehensive legal and financial aid. The study delves into the effectiveness of these holistic approaches and how their success may be attributed to the overall social and economic structures in the Scandinavian context. By examining the successes and challenges of these different models, this research aims to contribute to a broader understanding of global best practices in victim assistance and help policymakers make informed decisions to better serve victims of crime in diverse contexts.

Keywords: Victim assistance programs, Singapore, Scandinavia, Socio-cultural context, Streamlined processes

COMPARATIVE STUDY OF THE KEY PROVISIONS IN DOUBLE TAXATION AVOIDANCE AGREEMENT BETWEEN INDIA AND UNITED STATES

AUTHOR –KSHEMA B REDDY, STUDENT AT CHRIST (DEEMED TO BE UNIVERISITY)

BEST CITATION – KSHEMA B REDDY, COMPARATIVE STUDY OF THE KEY PROVISIONS IN DOUBLE TAXATION AVOIDANCE AGREEMENT BETWEEN INDIA AND UNITED STATES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 330-339, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Double Taxation Avoidance Agreements (DTAAs) play a crucial role in facilitating cross-border trade and investments by alleviating the burden of double taxation on the income of individuals and enterprises operating in multiple jurisdictions¹. This comparative study critically examines the key provisions of the Double Taxation Avoidance Agreement between India and the United States, aiming to assess their impact on bilateral economic relations and cross-border investments between the two countries.

Through an extensive review of existing literature, this study provides an in-depth analysis of the tax systems in India and the United States, highlighting their respective features and complexities². By focusing on the key provisions of the DTAA, including definitions, scope, and the allocation of taxing rights, this research sheds light on the intricacies of the agreement and its implications for taxpayers in both countries³.

The methodology employed in this study involves a comprehensive comparative analysis of the significant provisions of the DTAA between India and the United States. This analysis delves into crucial areas such as the treatment of business profits, royalties, dividends, and capital gains, aiming to identify divergences, similarities, and potential areas of contention in the interpretation and application of the agreement⁴.

The findings of this comparative study reveal nuanced differences in the approaches taken by India and the United States in addressing various aspects of international taxation, as reflected in the provisions of the DTAA. While some provisions demonstrate a convergence of interests and efforts to foster mutual cooperation in tax matters, others highlight discrepancies that may potentially lead to conflicts and disputes between the two nations⁵.

The discussion section of this study delves into the implications of the identified differences in the DTAA provisions for cross-border investors and multinational corporations operating between India and the United States. It also addresses the potential challenges and opportunities arising from the interpretation and implementation of the agreement, considering the evolving nature of international tax laws and regulations⁶. However, this study underscores the significance of the Double Taxation Avoidance Agreement between India and the United States in promoting bilateral economic cooperation and trade relations. While highlighting the strengths and weaknesses of the existing provisions, the study provides recommendations for enhancing the effectiveness of the agreement, emphasizing the importance of fostering greater transparency, collaboration, and clarity in the interpretation of the provisions to avoid potential disputes and ensure a conducive environment for cross-border investments and economic growth between the two nations⁷.