Author: PRASANNASRI26092001

JUDICIAL ACTIVISM ON PATIENT RIGHTS PROTECTION

Authors – Aranya Nath, Doctoral Research Scholar Damodaram Sanjivayya National Law University Visakhapatnam & Antara Paral, Student of IFIM Law School Bangalore affiliated to Karnataka State Law University Hubli.

Best Citation – Aranya Nath & Antara Paral, JUDICIAL ACTIVISM ON PATIENT RIGHTS PROTECTION, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 678-689, ISSN – 2583-2344.

Abstract

A patient is any person who receives healthcare services and needs medical treatment from medical providers such as physicians, nurses, hospitals, clinics, and so on. A patient may be well or sick when obtaining healthcare treatments. In general, when a patient or family member enters a hospital or other medical facility, they are in a physically and psychologically weaker condition and so take the word of the medical provider as final and for granted. With the commercialization and privatization of the healthcare business, patients are frequently put at the receiving end of medical malpractices by facilitators who take unfair advantage of the patients’ vulnerabilities. Generally, throughout countries, patients’ rights are recognized as an inherent right under the Human Rights Convention or as an inseparable aspect of the fundamental rights of the concerned governments. As a result, patients’ rights would’ve acknowledged as legally valid rights to the extent that they have been embedded in that country’s legal framework. As well as, it may not be the comprehensive legal framework that people may enjoy uncodified because of their status as a citizen and not with the privilege of being patient. Simply codifying and stipulating patients’ rights is not the ultimate solution.

Keywords: Judicial Activism, Patient’s right, Privacy, Constitution, Fundamental Rights, Healthcare

Evidentiary Value of Forensics and its Legal Implications

Author – SHIVANI JOHRI, Assistant Professor at SHARDA UNIVERSITY

Best Citation – SHIVANI JOHRI, Evidentiary Value of Forensics and its Legal Implications, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 669-677, ISSN – 2583-2344.

ABSTRACT

In the investigation and prosecution of civil and criminal proceedings, forensic evidence analysis is used. It frequently can help in establishing a suspect’s guilt or innocence. It is also possible to link crimes that are thought to be connected using forensic evidence. For instance, DNA evidence may connect a single offender to numerous crimes or crime scenes (or exonerate the accused). Linking crimes helps police agencies discover and prosecute criminals by reducing the number of potential suspects and detecting patterns of crime.

The overview of forensic science has to be looked from the point of Archimedes^[1] as he is called as ‘the father of forensic science. In the criminal justice system, forensic science is crucial because it gives precise information through the examination of physical evidence and the identity of the perpetrator using unique clues like fingerprints, footprints, blood droplets, or hair. Artifacts left at the scene and with the victim, or transported from the location and with the victim, serve to link the criminal to the crime. On the other side, the accused’s innocence is established if the uncovered clues do not link the accused to the victim or the scene of the crime. Thus, in the modern world the existence of forensics is certainly a boon for the entire legal fraternity. Keywords- Forensic evidence analysis, DNA, fingerprints, physical evidence

---

[1]  Aditya Jain, Evidentiary value of Fingerprints in Indian Criminal Justice System,( June 2021) https://articles.manupatra.com/article-details/Evidentiary-value-of-Fingerprints-in-Indian-Criminal-Justice-System( Last Visited on – 22 December, 2022)

SUPERSTITIOUS BELIEFS RELATED TO WIDOWS IN INDIA  AND KENYA

Author – Hardik Gupta, NMIMS

Best Citation – Hardik Gupta, SUPERSTITIOUS BELIEFS RELATED TO WIDOWS IN INDIA AND KENYA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 657-668, ISSN – 2583-2344.

ABSTRACT

The paper tries to bring into light the oppression and infringement of rights which the widows in India and Kenya face because of the customs and widowhood rituals in both the countries. Though there are different customs in these countries like Sati pratha, widow cleansing and drinking corps’ water which not only dehumanize the society but also infringe the fundamental rights of these widows. There is no historical proof that these practices must be followed by every widow even there is no contribution shown of Kenyan woman in their history which brings out the neglected and rejected status of woman in the society. In the Indian context where so much importance is given to Vedas and other epic and there being no mention of sati pratha in these books brings out an objection that are this customs for the benefit of the woman going to die or there because of wrong interpretation of these books. Such is the condition of woman in a country like India which gives fundamental rights to its citizens irrespective of gender and also has ratified many international treaties for woman empowerment and human rights. Not only India Africa to has ratified many international conventions but even after that this type of practices take place commonly there, the reason being the lack of education and financial independence of woman in these countries. Many women even today are unaware of their rights and thus due to ignorance of these rights they are fooled by these customs and have to face hardships throughout their life.

PRESIDENTIAL VETO OVER LEGISLATION

Author – Hardik Gupta, NMIMS

Best Citation – Hardik Gupta, PRESIDENTIAL VETO OVER LEGISLATION, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 651-656, ISSN – 2583-2344.

ABSTRACT

The paper deals with the analysis of one of the discretionary powers of the President of India who is the nominal head of the government and the highest constitutional body in India. The power of vetoing over a bill passed by the legislature is dealt in this paper. Along with the discussion of this discretionary power, various types of veto powers are also studied in this paper and are compared to the veto powers with the Heads of different states. The comparison done gives a deeper and contextual understanding of the subject and is thus done in paper. The Presidential veto is not only available in matters of union legislature but are also available in the matters of state legislature if a particular bill has been kept for consideration of the President by  Governor of that state and thus, an analysis of this power is also done in this paper along with the politics that is played behind it.

LAW RELATED TO WITNESS PROTECTION IN INDIA

Author – Hardik Gupta, NMIMS

Best Citation – Hardik Gupta, LAW RELATED TO WITNESS PROTECTION IN INDIA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 644-650, ISSN – 2583-2344.

ABSTRACT

The paper aims at giving an analysis of the condition of witnesses and the status of their security in the judicial process. The analysis will be based on various law commission report , article and court judgments based on which it will be seen that are there any special provision or laws provided for the protection of witness. The paper also aims at exploring another aspect of mental health of a witness after going through a tough judicial proceeding with reference to 154th law commission report. Various sections of Cr. P.C. and IPC will be too analysed as to see does these codes provide for any special procedure for witness protection or punishment for threatening a witness for giving false statement in the court.

SCHEME FOR JUDICIAL APPOINTMENTS IN INDIA AND COLLEGIUM SYSTEM: A CONSTITUTIONAL APPRAISAL

Authors – Dheeraj Kumar, Senior Research Fellow & PhD Research Scholar & Prof. (Dr.) Mahammad Sharif,  Principal, Patna Law College &Research Supervisor, Faculty of Law, Patna University, Patna

Best Citation – Dheeraj Kumar & Prof. (Dr.) Mahammad Sharif, SCHEME FOR JUDICIAL APPOINTMENTS IN INDIA AND COLLEGIUM SYSTEM: A CONSTITUTIONAL APPRAISAL, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 628-643, ISSN – 2583-2344.

Abstract

The Constitutional obligations of the judiciary place it on the most respectable and dignified position under the Indian Legal system, that has to be maintained at any cost, in order to uphold the faith and confidence of We the people. For that it has to consistently act in fair, equitable and transparent manner, at each and every stages of functioning in judicial as well as administrative capacity. In any system the output results depend upon the quality and nature of inputs given therein. The judicial system is not immune from such saying. Judicial appointments in India have been subjected to severe criticism on various occasions at various forums. It has been a matter of great concerns among legal and judicial fraternity as well as public at large, due to the existing system of appointments and manner of its functioning. Several legislative as well as judicial attempts have been made towards this aspect of judicial reform, but this continuous process continues till the existence of the institution, with a view to improve and strengthen it. In this backdrop the paper examines the Scheme for judicial appointments in various courts in India and relevancy, efficacy and efficiency of the collegium system in the light of constitutional vision and relevant provisions.

Keywords: Judicial Appointment, Collegium System, Judicial Independence, NJAC

EXPLORING THE FEASIBILITY OF ODR FOR FAMILY DISPUTES IN INDIA

Author – Anoosha S.Panwar, Ph.D.Research Scholar, National Law University, Delhi

Best Citation – Anoosha S.Panwar, EXPLORING THE FEASIBILITY OF ODR FOR FAMILY DISPUTES IN INDIA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 614-627, ISSN – 2583-2344.

ABSTRACT

Technology has expanded its scope and reach to meet emerging societal needs. It is remolding several aspects of business, government, and social interaction from education to health care to commerce. The overall user dependency has also risen with the growth of the IT field in various avenues. The legal field is no exception in terms of adapting to the use of technology, especially during the exceptional times of the COVID-19 pandemic.

Globally, there has been a significant rise in marital conflicts since the onset of the pandemic which could be attributed to a variety of reasons as has been pointed out by family law experts and psychologists. The dispute resolution mechanism for family disputes has also portrayed an exponential level of pendency in matters before the family courts in India in the year 2021. This necessitated the use of technology to resolve family disputes, especially during the pandemic. The integration of technology while using ADR methods for settling such disputes seemed to be a more viable option.

Against this background, this paper sets to explore the use of ADR methods while resolving family disputes. The paper begins with an understanding of the use of ADR in family disputes and the ongoing problems in the same. Thereafter, the paper examines the emerging concept of the Online Dispute Resolution (ODR) method and its relevance in resolving family disputes. It also throws light on steps taken by India so far to adopt ODR in resolving various types of disputes at governmental and private levels. A part of the paper studies the developments taken in various foreign countries in adopting ODR to settle family disputes. Lastly, the paper has looked at the measures taken by India with regard to the use of ODR in settling family disputes. The paper concludes with steps to be taken by India to accelerate ODR in the field of family disputes.

Keywords: Alternative dispute resolution, Online dispute resolution

Tax Haven: Analysing Tax Avoidance in respect of Panama and Pandora Papers

Author – Sagnik Sarkar, Advocate (Graduated from National Law University, Odisha) at Bombay High Court.

Best Citation – Sagnik Sarkar, Tax Haven: Analysing Tax Avoidance in respect of Panama and Pandora Papers, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 597-613, ISSN – 2583-2344.

ABSTRACT

The idea of taxation is not a new one but rather an age-old concept that forms the basic component of governing and administrating a State.  Based on the Constitution of India, the central government has to power to impose a tax on both natural and legal persons. It is with the imposition of tax on the legal person that several complications arise. The imposition of tax on corporates is decided based on two principles; source principle and resident principle.

The problem arises when corporates evade tax obligations and undertake different tax evasion techniques which make the imposition of tax difficult irrespective of the principle the home country follows. The prime vehicle used for such evasion is through setting up a shell company in a tax haven country and routing all the income from the home country to a tax haven country, thus, masquerading national income into international income. In such a scenario, since the source of the income becomes difficult to track, it becomes difficult to prove that income has been generated from a corporation based in the home country.So, to address the issue, the paper shall first analyse the fundamentals of the international taxation regime, and what are the different methods of corporate tax avoidance. Thereafter, the paper shall examine the concept of a tax haven with the help of the OECD rules and corporate tax avoidance principles. Lastly, the paper shall contemplate two recent tax haven controversies and their international implications

STATE AND INDIVIDUAL AS SUBJECTS OF INTERNATIONAL LAW

Author – Aakriti Jaipuriar & Debapriya Biswas, Student at Amity Law School, Noida

Best Citation – Aakriti Jaipuriar & Debapriya Biswas, STATE AND INDIVIDUAL AS SUBJECTS OF INTERNATIONAL LAW, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 588-596, ISSN – 2583-2344.

ABSTRACT

International law, in all its essence, is a set of rules that helps to regulate the relations between nations at a global level; most of which, if not all, are mutually agreed upon by the nations themselves through treaties, conventions and seminars. However, while international law may look like it only deals with the nations, it not only affects the States but also the individuals in the said States as well as any organisation made at an international level by them; especially since the dawn of the era of the internet.

This paper focuses on the question of whether individuals, who are affected by international law just as a State, are considered a subject. How individuals gained their position as a subject of international law is also explored in detail along with a brief historical view of their position in the 1900s.

The paper also compares the position as well as rights and duties of a State to that of an individual, drawing a stark contrast in the disposition of both the subjects despite being theoretically treated equally and in similar power. Other ancillary facts and aspects of international law are also briefly discussed in the context of the respective subject. Lastly, the paper concludes with a critical analysis of the position of the State and individual as subjects of international law while drawing out a stark contrast between the weaknesses and strengths of each subject along with plausible solutions suggested in the conclusion.

FREEZE ON DELIMITATION: A STEP TOWARDS EQUALITY OR INEQUALITY?

Author – Samiksha Tripathi, Student of Lloyd School of Law

Best Citation – Samiksha Tripathi, FREEZE ON DELIMITATION: A STEP TOWARDS EQUALITY OR INEQUALITY?, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 583-587, ISSN – 2583-2344.

ABSTRACT

The whole structure of the democracy revolves around the doctrine of separation of power which upholds the goals of justice in its full magnitude. This gives independence to the legislature which has the power to amend the Constitution. It can be well very concluded that the Constitution framers were cognizant of the changing needs of the time and intended to create a balance between flexibility and rigidity by granting the power to amend under express provisions like Art.368. This power was even enlarged when ‘The Representation of the People Act, 1951’ (hereinafter RPA) empowered the government to promulgate laws for the purpose of the act i.e., representation of people and in pursuance to it bars the jurisdiction of courts in electoral matters. The question whether this power of legislature can abridge the power of judiciary remains a debatable issue. In this regard this article tends to critically analyse the principle of equality of representation in the legislative assembly by focusing upon the freeze on delimitation exercise by an amendment, the blanket ban on the jurisdiction of courts, the concept of judicial review under the basic structure doctrine, the process of computation of seats and the effects of the freeze on the fundamental rights of the people.

Keywords: Delimitation freeze, basic structure, separation of power, judicial review, blanket ban, doctrine of one-vote, one value, equality of representation.