Author: PRASANNASRI26092001

DOCTRINE OF PLEASURE-RESTRICTIONS ON THE DOCTRINE OF PLEASURE UNDER THE INDIAN CONSTITUTION

AUTHOR – GAYATHRI LAKKAMALLA, STUDENT AT DAMODARAM SAJIVAYYA NATIONAL LAW UNIVERSITY

BEST CITATION – GAYATHRI LAKKAMALLA, DOCTRINE OF PLEASURE-RESTRICTIONS ON THE DOCTRINE OF PLEASURE UNDER THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 76-83, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Doctrine of Pleasure has its roots from the England. In England, the Crown is known as the Executive head and the civil services are also part of executive. The Doctrine of Pleasure is that the Crown has the power to terminate the services of a civil servant at any time without providing any notice of termination to civil servant. Therefore, civil servants serve at the pleasure of the Crown, who has the power to dismiss them at any time. When the civil servants are fired from the services, they do not have the right to sue the Crown for the wrongful termination, nor they have the right to seek restitution for losses incurred as a result of the termination and also, they cannot ask for damages for the wrongful termination. The doctrine of pleasure was also followed in India. The President is the executive head of the Union so he holds the same position like the Crown in England. In India, the President has the authority to remove a civil servant at any time under this doctrine of pleasure. The doctrine of pleasure was adopted with some modifications in India form that of England. Article 310 has some exceptions which are provided by the Constitution, a civil servant of the Union works at the pleasure of the President and a civil servant in the State works at the pleasure of the Governor of that state. This is evident that the operation of the Doctrine of Pleasure can be limited by constitutional provisions. The Judges of the Supreme Court, Judges of High Courts, Chief Election Commissioner and Comptroller and Auditor General of India are excluded from the operation of Doctrine of Pleasure. So, this doctrine of pleasure is not absolute and it is subject to Constitutional provisions. There is another aspect that the civil servants can also be excluded from the operation of this doctrine because they have been provided with some protection under Article 311 and thus doctrine’s application can be limited to civil servants as well. The procedural safeguards are laid down under Article 311.

ARTICLE ON INFRINGEMENT AND REMEDIES RELATED TO IPR

AUTHOR – DEVANSHI BANSAL, UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY GANDHINAGAR, GUJARAT

BEST CITATION – DEVANSHI BANSAL, ARTICLE ON INFRINGEMENT AND REMEDIES RELATED TO IPR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) of 2024, Pg. 64-75, APIS – 3920 – 0001 & ISSN – 2583-2344.

COPYRIGHTS AND RELATED RIGHTS

The term “copyright” typically refers to a licensing that allows unrestricted copying. Preventing unauthorized copying is a legal right. Copyright is a legal privilege granted to those who create literary works (such as written works and computer programme source codes), dramatic works (such as film and drama scripts), musical works (such as melodies), artistic works (such as paintings, photographs, architecture, and sculpture, etc.), sound recordings, motion pictures, broadcasts on television and radio, cable programmes, performances, etc. (The duration of copyright protection is the author’s lifetime plus 60 years following death.) Ideas alone are not protected; only the expression of ideas is protected by copyright. This means that ideas, concepts, practises, methods, and information itself are not protected by copyright; rather, only the form or mode of expression is protected.

AN ANALYSIS OF INTERPLAY BETWEEN COMPETITION LAW AND INTELLECTUAL PROPERTY RIGHTS IN HEALTHCARE SYSTEM

AUTHOR – SIMONE AGARWAL¹ & DR. MEENU GUPTA². STUDENT¹ AND FACULTY² AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – SIMONE AGARWAL & DR. MEENU GUPTA, AN ANALYSIS OF INTERPLAY BETWEEN COMPETITION LAW AND INTELLECTUAL PROPERTY RIGHTS IN HEALTHCARE SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) of 2024, Pg. 56-63, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research paper explores the intricate relationship between competition law and intellectual property rights (IPRs) within the healthcare sector. It examines how competition law principles intersect with the protection of IPRs, focusing on their impact on innovation, accessibility, and affordability of healthcare products and services. Through case studies and comparative analysis, the paper discusses the challenges of balancing competition and IPRs, highlighting the need for regulatory frameworks that promote both innovation and consumer welfare. It concludes with policy recommendations aimed at fostering a harmonious coexistence between competition law and IPRs to ensure equitable access to healthcare while incentivizing continued innovation.

Keywords: Healthcare, Accessibility, Consumer Welfare, Competition Law, Intellectual Property Rights

PROVISION OF REMISSION IN CRPC IS A RAY OF HOPE FOR PRISONERS

AUTHOR – SIMRAN SINGH, STUDENT AT XAVIER LAW SCHOOL, XIM UNIVERSITY, BHUBANESWAR.

BEST CITATION – SIMRAN SINGH, PROVISION OF REMISSION IN CRPC IS A RAY OF HOPE FOR PRISONERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) of 2024, Pg. 50-55, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

There is a provision for Remission of Sentences of convicted prisoners at Chapter XXXII of The Code of Criminal Procedure 1973 under Section 432 which states that ‘When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced’. The provision of Remission gives a ray of hope to prisoners and offers an opportunity to rebuild their lives afresh within the society.

“HOMICIDE IN THE NAME OF HONOUR: AN EMERGING HATE CRIME IN INDIA: A THEMATIC STUDY”

AUTHOR – N. GOWTHAMAN, ASSISTANT PROFESSOR (CRIME AND TORT), GOVERNMENT LAW COLLEGE, CHENGALPET.

BEST CITATION – N. GOWTHAMAN, HOMICIDE IN THE NAME OF HONOUR: AN EMERGING HATE CRIME IN INDIA: A THEMATIC STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) of 2024, Pg. 41-49, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

                         All over the world, every year around 5000 women are killed by members of their own family, many of them in the name of redeeming the honour. Killing their siblings by members of the family are commonly known as “Honour killings”. Honour killing is a global phenomenon and has been widely reported not alone in India. The peculiar characteristics of India are that the entire society is divided by caste and community. As a result, Honour killings recur when conflict arises between diversified caste and communities. Intolerance of the so-called upper caste people to the inter-caste marriages or pre-marital relationships between adolescents are the prime causes of Honour killings in India. Inter-caste or intra-caste factors predominate as a reason behind people killing their children for restoring their disrepute Honour.  Even marriages in the same gotra have emerged as a catalyst of Honour killing in India.

                    Hate crimes are often committed on the basis of differences in personal characteristics. But, the key element of any hate crime is the presence of bias motivation. The criminal act alone does not define a hate crime; rather the investigation of the crime must conclude that the offender was bias motivated.^[1] The NGO-Evidence reported that 16 out of 39 honour killing cases were scheduled caste victims. As per this data, near about 50% honour killings is a caste biased motivated hate crime in Tamilnadu.^[2] The present issue of honour killing considered as a hate crime in the above aforesaid characters

Key wods – Honour killing ., Hate crime, Message crime, homicide, caste

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[1] Hate crime 2014, prepared by Tennessee Bureau of Investigation, USA.

[2] The data collected by the researcher from the Madurai based NGO EVIDENCE – the study period is 2011-2015.

GIG ECONOMY: NEED FOR LABOUR LAWS

AUTHOR: KHIRBHA S GOUNDER, STUDENT AT PES UNIVERSITY, BANGLORE

BEST CITATION – KHIRBHA S GOUNDER, GIG ECONOMY: NEED FOR LABOUR LAWS, Indian Journal of Legal Review (IJLR), 4 (1) of 2024, Pg. 33-40, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

It is believed that impermanent work facilitated by online platforms is supplementing or replacing standard employment in labour markets, which are undergoing a drastic change. However, it is challenging to determine the size and extent of these changes because ‘online gig worker’ is difficult to quantify using traditional labour market data and economic metrics. In recent months, there has been an increase in worry regarding the position of gig workers. According to the Niti Ayog study, “India’s Booming Gig and Platform Economy”, there will be roughly 23.5 million gig employees by 2029.^[1] The study also highlights the facts that the gig economy is increasingly characterized by subpar safety standards, unfair contracts, a lack of minimal earnings, and a lack of job perks like workers compensation, overtime pay, and paid time off for illness. The purpose of this article is to understand the gig economy and its effects on labour laws and corporate policy. The information will be useful for policymaking, research, and the public.

Keywords: gig economy, labour laws, corporate policy, policy making

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[1]“India’s Booming Gig and Platform Economy.” https://www.niti.gov.in/sites/default/files/2022-06/Policy_Brief_India%27s_Booming_Gig_and_Platform_Economy_27062022.pdf

A COMPARATIVE ANALYSIS OF GENDER DISPARITY IN CRIMINAL PROCEDURE FRAMEWORKS: THE CODE OF CRIMINAL PROCEDURE, 1973 AND THE BHARTIYA NAGARIK SURAKSHA SANHITA, 2023

AUTHORS – KAUSHIKI RAI¹ AND DR. SALTANAT SHERWANI²

STUDENT¹ AND ASSISTANT PROFESSOR², AMITY UNIVERSITY, NOIDA

BEST CITATION – KAUSHIKI RAI & DR. SALTANAT SHERWANI, A COMPARATIVE ANALYSIS OF GENDER DISPARITY IN CRIMINAL PROCEDURE FRAMEWORKS: THE CODE OF CRIMINAL PROCEDURE, 1973 AND THE BHARTIYA NAGARIK SURAKSHA SANHITA, 2023, Indian Journal of Legal Review (IJLR), 4 (1) of 2024, Pg. 25-32, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper delves into the persisting or evolving nature of gender disparity within the criminal justice system of India, specifically comparing the frameworks laid out in the Code of Criminal Procedure, 1973 (CrPC) and its recently introduced successor, the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS). The analysis emphasizes the vulnerabilities faced by women in various stages of the criminal process, including arrest procedures, safeguards during custody, and access to justice. By examining both continuities and potential advancements introduced in the BNSS regarding gender equality, the paper aims to evaluate the effectiveness of these provisions in mitigating gender bias and promoting a fair and equitable criminal process for all.

Keywords: Gender Disparity, Criminal Procedure, Code of Criminal Procedure (CrPC), Bhartiya Nagarik Suraksha Sanhita (BNSS), Arrest Procedures, Custodial Safeguards, Access to Justice, Gender Equality

AN ANALYSIS ON MISUSE OF MAINTENANCE RIGHTS BY WOMEN AND ADDRESSING GENDER INEQUALITY IN MAINTENANCE LAWS IN INDIA

AUTHOR – MS. JASLEEN KAUR¹ AND DR. SALTANAT SHERWANI²

STUDENT¹ AND ASSISTANT PROFESSOR², AMITY UNIVERSITY, NOIDA

BEST CITATION – MS. JASLEEN KAUR & DR. SALTANAT SHERWANI, AN ANALYSIS ON MISUSE OF MAINTENANCE RIGHTS BY WOMEN AND ADDRESSING GENDER INEQUALITY IN MAINTENANCE LAWS IN INDIA, Indian Journal of Legal Review (IJLR), 4 (1) of 2024, Pg. 18-24, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Women-centric laws in India have been implemented with the noble objective of empowering and protecting women from different types of discrimination, abuse, and injustice. However, there has been raised concern over the years concerning possible misuse of these rules and regulations. A key component in these laws is the Right to Maintenance, which aims to alleviate the harsh circumstances that many women experience. In India, the process of dissolving a marriage may be a highly traumatic ordeal, specifically for women who must negotiate settlement terms and seek maintenance payments for their own well-being and their children. This complicates the already-stigmatized nature of divorce. Maintenance, in this sense, refers to the financial assistance that one spouse is required to offer to the other when the latter is unable to fulfil their recurring expenses. In recent years, there has been an alarming increase in the number of false lawsuits brought by women, usually with malicious purpose, to obtain maintenance. Innocent people, including males and their families, have been falsely implicated, resulting in legal harassment, social humiliation, and financial difficulty. This abstract sheds light on how such misuse can perpetuate gender bias and impede progress toward gender equality in society. By filing false cases, individuals undermine trust in the legal system and divert attention from genuine instances of discrimination and violence against women. This erodes support for women’s rights initiatives and makes achieving meaningful change more challenging. Addressing this misuse is crucial for upholding fairness, justice, and gender equality.

Keywords: Maintenance rights, Gender Equality, Discrimination, Injustice, Legal Harassment

LIFTING THE CURTAIN OF SILENCE: RECOGNIZING AND TREATING SPOUSAL SEXUAL ABUSE

AUTHOR – HARSHITA JOSHI, STUDENT AT AMITY UNIVERSITY, LUCKNOW

Best Citation – HARSHITA JOSHI, LIFTING THE CURTAIN OF SILENCE: RECOGNIZING AND TREATING SPOUSAL SEXUAL ABUSE, Indian Journal of Legal Review (IJLR), 4 (1) of 2024, Pg. 8-17, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

One horrific fact in the annals of intimate partner violence that is sometimes hidden from public view is the pernicious phenomenon of marital sexual abuse. The complicated issues underlying sexual violence in marriages remain hidden, even though the conversation about domestic abuse has acquired a lot of momentum recently. “Lifting the Curtain of Silence: Recognizing and Treating Spousal Sexual Abuse” aims to shed light on this hidden dimension of intimate partner abuse by revealing its many layers to promote increased comprehension, awareness, and successful interventions. Acts of sexual assault, compulsion, and manipulation by one spouse against the other are frequently covered up by a veil of silence inside the sacred context of marriage. Strongly held beliefs about marital privilege and conjugal rights have historically supported a climate of impunity, which has led to a denial or undervaluation of spousal sexual assault. The widespread myth of marital immunity continues to impede efforts to identify and address domestic abuse, even in the face of modest advancements in legal frameworks and societal attitudes toward it. By investigating the several elements that lead to the continuation and concealment of spousal sexual abuse, this study aims to directly address this silence. Examining every aspect of this issue is necessary because it involves complex interactions between gender inequality and power dynamics as well as psychological effects on survivors. In addition, the sociocultural environments in which domestic violence occurs need to be carefully examined, taking into account the wide range of variables that influence both personal experiences and social reactions. In addition, this research aims to investigate the various difficulties that arise when identifying and addressing marital sexual abuse in legal, medical, and community contexts. Legislative progress in criminalizing marital rape and improving victim support services has not eliminated significant obstacles, which range from victim-blaming and underreporting to institutional failures and societal shame. Investigating these barriers can help to clear the way for more successful intervention, prevention, and survivor support systems. Through navigating this landscape, it becomes clear that ending domestic violence against women requires an all-encompassing strategy that includes targeted interventions, legislative reform, and societal shifts. The veil of silence around this widespread form of intimate partner abuse can be partially lifted by elevating the voices of survivors, questioning social norms, and encouraging multi-sectoral collaboration. We want to build a future in which no one has to live in fear of being sexually abused by their spouse and can recover their agency, dignity, and rights while maintaining the integrity of marriage via thorough investigation and group efforts.

PRINCIPLES OF EQUITY IN ISLAMIC INHERITANCE: THE DOCTRINES OF AUL AND RADD

AUTHOR – KUMARAPPAN M, DEPARTMENT OF LAW,SASTRA UNIVERSITY,THANJAVUR,TAMILNADU,INDIA

Best Citation – KUMARAPPAN M, PRINCIPLES OF EQUITY IN ISLAMIC INHERITANCE: THE DOCTRINES OF AUL AND RADD, Indian Journal of Legal Review (IJLR), 4 (1) of 2024, Pg. 1-7, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

        Islamic inheritance law is guided by principles aimed at achieving fairness and equity among heirs. Central to this legal framework are the doctrines of Aul and Radd, which address scenarios where the distribution of assets deviates from equity. The Doctrine of Aul is applied when the total sum of allotted shares exceeds unity, necessitating a redistribution to ensure proportional division among heirs. Conversely, the Doctrine of Radd comes into play when the total allotted shares are less than 1, resulting in the return of residue to the sharers in accordance with their entitlements. Understanding these doctrines is essential for upholding justice and fairness in the distribution of estates according to Islamic law.

Keywords: Islamic inheritance law, Doctrine of Aul, Doctrine of Radd, equity, redistribution, residue, heirs.