Author: PRASANNASRI26092001

AN ANALYSIS OF LEGAL PROVISIONS AND REGULATORY MECHANISMS IN ENSURING STUDENT WELL-BEING AND MENTAL WELL BEING

AUTHOR – DIYA MARIAM GEORGE, STUDENT AT CHRIST DEEMED TO BE UNIVERSITY

BEST CITATION – DIYA MARIAM GEORGE, AN ANALYSIS OF LEGAL PROVISIONS AND REGULATORY MECHANISMS IN ENSURING STUDENT WELL-BEING AND MENTAL WELL BEING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 324-329, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Student well-being, encompassing both physical and mental health, has emerged as a critical concern in India. The immense pressure to excel academically, coupled with a social stigma surrounding mental health, has resulted in alarming student suicide rates. This paper analyses the existing legal provisions and regulatory mechanisms in place to ensure student well-being and mental health in India. It examines key legislation like the Right to Education Act (RTE) 2009, the Mental Healthcare Act (MHA) 2017, and guidelines issued by the University Grants Commission (UGC). The paper then identifies gaps in implementation, such as a lack of qualified mental health professionals in educational institutions and limited awareness about mental health resources. Finally, it proposes recommendations for strengthening the legal framework and suggests practical strategies for promoting student well-being, including mandatory mental health education, increased counsellor-to-student ratios, and anti-discrimination policies.

Keywords – Mental health legislations, stigma, depression, India, suicide rates

CRITICAL ANALYSIS OF THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013

AUTHOR – MANU SHANKAR H, STUDENT AT CHRIST (DEEMED-TO-BE) UNIVERSITY

BEST CITATION – MANU SHANKAR H, CRITICAL ANALYSIS OF THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 321-323, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 (POSH Act) is an Act of the Parliament of India that seeks to protect women from sexual harassment at their workplaces. The Act defines sexual harassment as any unwelcome sexual advances, requests for sexual favours, or any other verbal or physical conduct of a sexual nature, which either explicitly or implicitly affects the employee’s employment or creates a hostile, uncomfortable or offensive work environment.

CASE COMMENTARY ON RANGARAJU @ VAJAPEYI V. STATE OF KARNATAKA

AUTHOR – THERESE UKKEN, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), BENGALURU – 560029

BEST CITATION – THERESE UKKEN, CASE COMMENTARY ON RANGARAJU @ VAJAPEYI V. STATE OF KARNATAKA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 317-320, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In the landmark ruling of Rangaraju@Vajapeyi v. State of Karnataka, the Karnataka High Court redefined the legal boundaries concerning Necrophilia. This commentary explores the legal problem surrounding necrophilia in India, a taboo yet critical issue due to its absence from explicit legislation because it used to be put under section 377. Through this case commentary the author attempts to critically analyses whether existing provisions effectively address such acts and the impact on the dignity of the dead. The methodology used for this commentary is primary and secondary sources of data.

AN OVERVIEW OF INTELLECTUAL PROPERTY RIGHTS AND ARTIFICIAL INTELLIGENCE IN INDIA

AUTHOR – A M DAKSHANA, SCHOOL OF LAW CHRIST(DEEMED) TO BE UNIVERSITY

BEST CITATION – A M DAKSHANA, AN OVERVIEW OF INTELLECTUAL PROPERTY RIGHTS AND ARTIFICIAL INTELLIGENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 311-316, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper explores the convergence of Artificial Intelligence (AI) and Intellectual Property Rights (IPR) in the Indian context, drawing comparisons with the legislative frameworks of other countries. The analysis delves into the juristic aspects of AI, particularly its role in creation and innovation, and the resulting challenges to established IPR regimes. A critical aspect of the discussion centres on the legal personhood of AI. The paper examines ongoing debates surrounding whether AI can be considered a legal entity capable of owning or being credited with intellectual property. Through comparative studies, the paper investigates how different countries are approaching the legislative landscape surrounding AI and IPR. This comparative analysis aims to identify best practices and potential pitfalls for crafting an effective legal framework in India. The paper concludes by highlighting the need for a balanced approach that fosters innovation in AI while safeguarding the rights of creators and inventors. It emphasizes the importance of ongoing dialogue between policymakers, legal experts, and AI developers to establish a robust and adaptable legal framework for the future.

Keywords: Artificial Intelligence (AI), Indian IPR Law, Intellectual Property Rights (IPR), Jurisprudence of AI, Legal Personhood of AI.

OVER-THE-TOP (OTT) PLATFORMS AND SPORTS BROADCASTING IN INDIA: A REGULATORY ANALYSIS

AUTHOR – PARISHUDH BRISE, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – PARISHUDH BRISE, OVER-THE-TOP (OTT) PLATFORMS AND SPORTS BROADCASTING IN INDIA: A REGULATORY ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 305-310, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

This regulatory analysis delves into the evolving landscape of sports broadcasting in India, with a focus on the inclusion of Over-the-Top (OTT) platforms within the Sports Broadcasting Signals Act of 2007. The research examines the historical and legal framework, judicial pronouncements, and the implications of extending mandatory sharing to OTT platforms. The study explores the application of the public trust doctrine, emphasizing the public interest in spectrum allocation and equitable access to sporting content. It also addresses concerns about a potential decrease in the value of sports broadcast rights.

Keywords: Sports Broadcasting, OTT Platforms, Regulatory Framework, Public Trust Doctrine, and Broadcast Rights.

DOUBLE DISCRIMINATION OF INDIGENOUS COMMUNITIES WITH RESPECT TO CLIMATE CRISIS

AUTHOR – B.TANUJ GOUD, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), BANGALORE

BEST CITATION – B.TANUJ GOUD, DOUBLE DISCRIMINATION OF INDIGENOUS COMMUNITIES WITH RESPECT TO CLIMATE CRISIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 298-304, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Indigenous communities, already marginalized and discriminated against as minorities, face a double burden with the escalation of the climate crisis. Indigenous communities across the world are disproportionately affected by the adverse impacts of climate change, as they depend heavily on natural resources for their livelihood and have a strong cultural and spiritual connection to their land. In India, the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, also known as the Forest Rights Act (FRA), and various International Conventions. They recognize and upholds the rights of forest-dwelling indigenous communities. The Act provides for the recognition and vesting of forest rights including land and resources, in order to empower these communities and protect their cultural, livelihood, and habitat rights. The legal safeguards, indigenous communities in India continue to face discrimination and human rights violations in the face of the climate crisis. Their ancestral lands and resources are increasingly threatened by deforestation, land encroachments, mining activities, and other ecological disturbances. Additionally, they often lack access to adequate healthcare, education, and socio-economic opportunities, further exacerbating their vulnerability. To address this issue, it is crucial to strengthen the implementation of the Forest Rights Act and ensure that indigenous communities have effective participation in decision-making processes related to climate change adaptation and mitigation efforts. It is important to recognize and respect their traditional knowledge and practices, as they have proven to be sustainable and resilient over centuries. Efforts should also be made to raise awareness and sensitize the broader society to the unique challenges faced by indigenous communities in the climate crisis. This can be achieved through education campaigns, capacity-building initiatives, and promoting cultural diversity and inclusivity. In conclusion, the discrimination faced by indigenous communities due to their indigenous status and the climate crisis is a pressing issue that requires urgent attention. Empowering these communities through stronger legal frameworks and proactive measures will not only ensure their resilience in the face of climate challenges but also uphold their human rights.^[1]

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[1] How is climate change affecting indigenous communities? | World Economic Forum (weforum.org)

DOUBLE DISCRIMINATION: THE LIMITATIONS IN ADDRESSING THE INTERTWINED THREATS OF CLIMATE CHANGE AND SOCIAL DISCRIMINATION AGAINST INDIGENOUS SOCIETIES IN INDIA

AUTHOR – G DARSHITA, SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), BANGALORE

BEST CITATION – G DARSHITA, DOUBLE DISCRIMINATION: THE LIMITATIONS IN ADDRESSING THE INTERTWINED THREATS OF CLIMATE CHANGE AND SOCIAL DISCRIMINATION AGAINST INDIGENOUS SOCIETIES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 291-297, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Indigenous communities, already marginalized and discriminated against as minorities, face a double burden with the escalation of the climate crisis. Indigenous communities across the world are disproportionately affected by the adverse impacts of climate change, as they depend heavily on natural resources for their livelihood and have a strong cultural and spiritual connection to their land. In India, the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and various International Conventions. They recognize and uphold the rights of forest-dwelling indigenous communities. This paper delves into the complex nexus of climate change and pre-existing social discrimination faced by indigenous communities in India, focusing on the limitations of legal frameworks in adequately addressing their intersecting vulnerabilities through quantitative research.  They often lack access to adequate healthcare, education, and socio-economic opportunities, further exacerbating their vulnerability. This paper argues that these issues are intertwined, with social marginalization leaving indigenous communities more vulnerable to climate-induced disasters and resource depletion. The paper examines the limitations of the current legal framework in addressing this double discrimination. It analyses existing legislation while highlighting their shortcomings in effectively protecting indigenous rights and mitigating climate change impacts. To address this issue, it is crucial to strengthen the implementation of these legislations and ensure that indigenous communities have effective participation in decision-making processes related to climate change adaptation and mitigation efforts. It is important to recognize and respect their traditional knowledge and practices, as they have proven to be sustainable and resilient over centuries. By examining the limitations of existing legal frameworks and advocating for inclusive, community-driven solutions, this paper aims to contribute to a more just and equitable approach to addressing the intertwined challenges faced by indigenous societies in India. Empowering these communities through stronger legal frameworks and proactive measures will not only ensure their resilience in the face of climate challenges but also uphold their human rights.

Keywords: Indigenous communities, Double Discrimination, Climate Change, Sustainable Development, Inclusion.

METAVERSE: MAPPING THE LEGAL AND REGULATORY VACUUM IN THE VIRTUAL DOMAIN

AUTHOR – ANJALI BUSAR, STUDENT AT RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PATIALA

BEST CITATION – ANJALI BUSAR, METAVERSE: MAPPING THE LEGAL AND REGULATORY VACUUM IN THE VIRTUAL DOMAIN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 283-290, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

For generations, technologists have dreamed of an era where our virtual lives become equally important as our physical realities. The ‘metaverse’ has the potential to be seen as the peak of evolutionary technological development that humankind can achieve in the foreseeable future. However, Metaverse is a pandora’s box. Numerous issues will grow and sustain like uncontrolled information accumulation that infringes on our confidential information, prolonged harassment and threats, widespread security inadequacies, biased intelligence mechanisms, and problems with the physical and psychic well-being of an individual. A radical and sophisticated approach should be undertaken to either develop fresh legislation concerning domestic and international legal rules or analyze the present wrongdoings and fit them into the current legal architecture. Additionally, installing a separate system of checks and balances in terms of regulatory protocols such as multi-factor authentication, regulation by analogy, ESP mechanism, Penetration testing tactic, etc. in order to control the ungoverned and rampant mischievous activities in the metaverse would be the most fitting solution. The author makes an attempt to uncover prevailing obstacles, provides present laws as a basis to efficiently understand and resolve the nuances, and explores diverse remedies including suggestions of certain security practices to utilize the metaverse resourcefully.

Keywords: Metaverse, Harassment, Injuries, Regulation by Analogy, Regulatory Protocols.

NON-CONVENTIONAL TRADEMARKS IN INDIA AND ITS INFLUENCE ON BUSINESSES: A COMPARATIVE ANALYSIS

AUTHOR – SAMRUDH. P, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), BANGALORE

BEST CITATION – SAMRUDH. P, NON-CONVENTIONAL TRADEMARKS IN INDIA AND ITS INFLUENCE ON BUSINESSES: A COMPARATIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 275-282, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

A trademark is one of the various Intellectual Properties available. The purpose behind the existence of a Trademark is primarily to distinguish certain grades of products from other similar ones. This cuts down on consumer research costs and eradicates ambiguity amongst the masses regarding products. The quality promised by the trademark owner is preserved and can be relied on by the consumer during the purchase. A trademark primarily consists of graphically represented logos, words or short phrases that are unique to that certain product, making it distinguishable from the other competitors in the market. Some examples of a trademark include the logo of Apple, the colour purple of Cadbury, the bottle design of Coca-Cola, etc.^[1] Although it is not restricted only to the graphically representable characteristic of a Trademark, predominantly the idea of a Trademark revolves around it. However, the ambit of a trademark keeps increasing as the fundamental agenda is to distinguish products and as far as this is achieved and regulated, the possibilities are endless.^[2]

Apart from acting as an asset to businesses and establishments, it also benefits the consumers, which makes it a more attractive and lucrative investment. The types of trademarks are as follows: Word Marks, Device marks, Figurative Marks, Service marks, Collective Marks, Certification Marks, Well-Known marks, and non-conventional trademarks. For a trademark to be enforceable, it should be registered; Sec. 27 of the Trademarks Act, 1999 speaks about how there is no infringement with respect to any unregistered trademark. Nevertheless, common law remedies are still provided for the same. If registered, the value of the trademark increases as it achieves enforceability. Sec. 2(zb) of the Trademark Act, 1999 defines a trademark as a graphically depictable entity. However, restricting the applicability of a trademark only to a graphically representable one limits its perspective. The fundamental purpose of a trademark is satisfied even by a non-conventional trademark, yet the intricacies involved in registration, recognition, enforcement, applicability, and relief are abstruse

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[1] Sana Singh, Trademark Law in India – Types of Trademarks, Registration Procedure and Acquired Distinctiveness of Generic Words, S&P (accessed on 18 Oct. 2023).

[2] Ibid.

THE POSH ACT, 2013: A CRITICAL ANALYSIS OF ITS INCLUSIVITY

AUTHOR – HARSITH GANESAN, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – HARSITH GANESAN, THE POSH ACT, 2013: A CRITICAL ANALYSIS OF ITS INCLUSIVITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 269-274, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The vulnerable have always been targeted by perpetrators and they have been but in such a condition due to the lack legislative safeguards and supports that offer protection to them and provide them with redressal mechanisms. Sexual harassment has been widely prevalent throughout the history of mankind and women have always been targeted yet they are not the only victims of such harassment. In the modern world, the statistical data portrays that the sexual harassment against other genders is on the rise and therefore, gender inclusivity into the current legislation should be considered. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was enacted to curb sexual harassment at the workplace, however owing to the gender specific nature of the act, it does not provide redressal to the members of the LGBTQ+ community. The Transgender Persons (Protection of Rights) Act provides that any ‘transgender person’ under the act is entitled to protection from any form of harassment and creates a binding obligation upon the POSH Act to ensure that such individuals are protected. This research paper aims to critically analyze this Act and judicial interpretations in providing protection to all victims of sexual harassment. Furthermore, relies on the judicial interpretation, existing literary works, and other authorities, to suggest that the Act needs to adopt gender inclusivity in its provisions. In order to achieve true gender inclusion, its shortcomings in recognizing and safeguarding people with varied gender identities, calls for a thorough reevaluation and reform.

Keywords: sexual harassment, gender identity, gender inclusivity, aggrieved woman