Author: PRASANNASRI26092001

PERILS AND DEMURS OF INDIAN PRISONERS

Authors: E. Sindhu Varshini, Student of Chennai Dr. Ambedkar Government Law College

Best Citation – E. Sindhu Varshini, PERILS AND DEMURS OF INDIAN PRISONERS, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 356-361, ISSN – 2583-2344.

ABSTRACT

In Jail there are different types of Prisoners such as under trial prisoners, convicts, detenues^[1], women and other genders these people are also victim of prison life in India, they face harassment and exploitations which are hellacious on human life. There has been great advantage and disadvantage of Article 22 in India. Such as, Article 22 states that it has right against arrest and detention. Whereas, its own clause 3 paves way for illegal detention in India provoking ill-mannered, felonious and unlawful acts towards the prisoners and accused. Today the deprived living of Prisoners inside the Jail is the indicia that the constitutional provisions are turn about to be unconstitutional facing custodial rape, abuse, torture, death, unhealth, overcrowding of prisoners in Jail. All prisoners are entitled to basic fundamental rights and dignity inside the jail anybody acting against this need to be effectively punished and revivified to Prisoners to live with decency. We need to create awareness and voice out so that we can create better society with free bird and other citizens commonly for our generation.

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[1]BATES, S.: “Prison Administration,” Ann. Amer. Acad. 157: 53-61 (Sept., 1931).

PROHIBITION OF PYRAMID SCHEMES AND REGULATION OF DIRECT SALES IN INDIA

Authors: Shruthi Saravanan & Maanas Manoj Menon, Students of Symbiosis Law School, Hyderabad

Best Citation – Shruthi Saravanan & Maanas Manoj Menon, PROHIBITION OF PYRAMID SCHEMES AND REGULATION OF DIRECT SALES IN INDIA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 348-355, ISSN – 2583-2344

ABSTRACT

Pyramid schemes will progress and not cease to exist as long as new participants continue join at the bottom level to keep expanding the pyramid’s foundation. The overall structure starts to collapse when the number of viable and willing participants recedes. Pyramid schemes cannot survive for a substantial duration, as the design/structure solely depends on the perpetual recruitment by the participants. Further, due to the delay in payments made by the new recruits, at times, even the top-level members tend to incur heavy financial loss. This nature of the pyramid scheme threatens to destabilize the financial assets of individuals and as a result, pose as a threat to the economy.  The paper analyses the Consumer Protection (Direct Selling) Rules, 2021 (herein, referred to as the ‘2021 guidelines’) to widen the difference between illegal pyramid schemes and legal direct selling entities. Additionally, the paper analyses the improvements brought by the 2021 guidelines compared to the Direct Selling Guidelines, 2016 (herein, referred to as the ‘2016’ guidelines’).   The paper has also objectively studied the 2021 guidelines and the Consumer Protection Act, 2019 side by side to derive express and implied liabilities of direct sellers and entities. Finally, a comparative analysis of the laws of Singapore and India pertaining to the subject matter to figure out the scope for development of the provisions laid down by the Central government has been comprehensively discussed in the paper.

RIGHTS OF THE ACCUSED IN A RAPE CASE

Authors: JIPSON JOSEPH, Student of CHRIST (Deemed to be University), Bangalore

Best Citation – JIPSON JOSEPH, RIGHTS OF THE ACCUSED IN A RAPE CASE, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 339-347, ISSN – 2583-2344.

Abstract

Rape is a man’s physical interference into the most sacred space of a woman without her permission. Rapist should be given maximum of punishment. The dignity of the woman needs to be protected by the society. But at the same time, there is an alarming increase in the number of false allegations of rape in the post 2013 society. Some women falsely accuse men of rape due to some other reasons. The accused men, as a result, lose their reputation, dignity, and peaceful life, which should be a matter of serious concern for the entire society. Some women utilise the measures provided for their protection to revenge their enemies. Until the final verdict, the accusation is in a shadow of doubt. Rape being considered as one of the most heinous crimes, the accusation and the then exposition of the identity of the accused itself is the most severe punishment than the real conviction at a later point of time. As the fake rape cases are increasing day-by-day there is the need to address its consequences and also the importance of protecting the rights of the accused until the final verdict in a rape case.

FOOD FORTIFICATION: AN EFFECTIVE TOOL TO COMBAT HIDDEN HUNGER?

Authors: Srushti S Kekre, Student of Gujarat National Law University

Best Citation – Srushti S Kekre, FOOD FORTIFICATION: AN EFFECTIVE TOOL TO COMBAT HIDDEN HUNGER?, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 329-338, ISSN – 2583-2344.

ABSTRACT

Hidden hunger is one of the most profound socio-economic issues across the globe.  It is the root cause of many diseases, lower immunity, irreversible abnormalities and lesser economic security. Food Fortification has been practised globally to mitigate hidden hunger. It is a remarkable technological advancement with multiple benefits. In many countries viz. Canada, Switzerland and Nigeria fortification practices have improved the health and immunity of the target population. However, indiscriminate use of fortification may lead to degradation of public health.

India has been practicing voluntary fortification of various food products since the 1950s. Fortified rice and wheat in various districts of Odisha and Bengal have significantly improved the health of women and children. Recently, the Food Safety and Standards Authority of India has proposed mandatory fortification of edible oil, milk and rice from 2024. Health of the people is one of the most imperative aspects of public policy and fortification practices will yield results only if implemented in a systematic manner on the basis of comprehensive law or guidelines. This article makes an attempt to analyse the impact of mandatory fortification on the target population. Further, the article discusses the lacunae in the existing legal framework regarding food fortification practices. Lastly, the article will conclude with plausible solutions which can be adopted in the best interest of all the stakeholders.

Emerging Paradigm of WTO for the Trade and IPR Growth of Afghanistan: A Legal Discourse               

Authors: Sayed Mahdi Sadat Nasiri, Student of American University of Afghanistan

Best Citation – Sayed Mahdi Sadat Nasiri, EMERGING PARADIGM OF WTO FOR THE TRADE AND IPR GROWTH OF AFGHANISTAN: A LEGAL DISCOURSE, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 321-328, ISSN – 2583-2344.

Abstract

WTO membership has always been a key component of Afghanistan’s overarching strategic goals. Joining the WTO was seen as a chance for a post-conflict, landlocked, and least-developed economy to create economic stability, enhance regional security and cooperation, reduce poverty, and bring about peace. Afghanistan has been trying to join the multilateral trading system for eleven years. The article analyses the advantages and disadvantages of Afghanistan’s WTO membership while seeking to explain the difficulties that would arise after accession. Afghanistan’s development priorities will be met by the terms and conditions of its WTO membership. Among them include promoting domestic reforms for the country’s transition to a prosperous market economy, luring capital, and job-generating investments. The study employed a doctrinal method of research and was limited to the accession of Afghanistan to the WTO.

Keywords:WTO, TRIPS, Accession, role of WTO in Afghanistan, trade and service

CONFLICT BETWEEN COMPETITION LAW AND INTELLECTUAL PROPERTY RIGHTS: COMPARATIVE STUDY BETWEEN INDIA AND THE USA

Authors: SURIYA ADILA, Advocate from GUJARAT NATIONAL LAW UNIVERSITY

Best Citation – SURIYA ADILA, CONFLICT BETWEEN COMPETITION LAW AND INTELLECTUAL PROPERTY RIGHTS: COMPARATIVE STUDY BETWEEN INDIA AND THE USA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 314-320, ISSN – 2583-2344.

ABSTRACT

The hallmark of contemporary modern world is technological advancement and rigorous economic activity. Technological advancements and economic activities have reached unimaginable heights and continue to grow even further. The end goal of this technological advancement and economic activity is to serve the people, primarily by increasing the standard of living of the people, or to put it in other words welfare of people is the end goal. The two most important laws, which the states use to oversee or regulate the sphere of technological and economic activity are Competition Law and Intellectual Property Rights laws.

Both the legal regimes, Competition Law and Intellectual Property Rights law, seek to serve the same purpose of economic development, enhancing innovation and technology, and welfare of the consumer. Thus, arises the interesting discourse of how two legal regimes, intending to serve the same purpose come into apparent conflict with each other. The simplistic answer to that question can be that it perhaps is the inclusionary approach of one and exclusionary approach taken by another that brings these two legal regimes into an apparent conflict with each other. The IPR law regime, though cannot be faulted for granting exclusionary rights to the inventor for her invention as it is just and fair that an inventor is rewarded for his creation, however again the emphasis must be welfare of people. Thus, the moot question that ultimately comes forth is, how are the rights of inventor balanced to ensure that the welfare of people is maintained, and the purposes of Competition Law is not defeated.

AI AND THREAT TO PRIVACY

Author – Kratika Kushwah & Mohita Mullick, Students of Amity University, Lucknow

Best Citation – Kratika Kushwah & Mohita Mullick, AI AND THREAT TO PRIVACY, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 296-313, ISSN – 2583-2344.

ABSTRACT

In recent years, artificial intelligence (AI) has advanced at a rapid pace. AI tools are increasingly being employed by both private entities and public sector organisations throughout the world. AI’s capabilities today soon provide widespread and significant advantages to individuals, institutions, and society. However, these same technological advancements present serious concerns, such as the conflict between AI and data protection legislation.

Answers are being sought by regulators, organisations, researchers, and practitioners from numerous fields. Privacy specialists are also becoming more active in AI governance. They have the task of interpreting the complicated interplay between privacy legislation and larger trends concerning the ethical use of AI. With government authorities increasing their enforcement, rulemaking, and legislation in this complex arena, it is critical that organisations understand the current privacy requirements for AI, those on the horizon, and the resources available to build a compliant data protection framework for AI applications.

As a result, we have both the chance and the responsibility to assess the effectiveness of present data protection legislation in light of 21st-century technical developments. While compliance with existing data protection rules is crucial, a better long-term strategy is to view the issues posed by AI as another wake-up call that our current approach to data protection is becoming increasingly antiquated and ineffective. In this view, data protection regulation must be strengthened in order to safeguard privacy, properly handle the issues posed by AI, and avoid introducing needless, bureaucratic hurdles to the advantages of AI.

Keywords: AI legislation, Data protection, Privacy, Ethics, Technological advancement

AN ANALYSIS OF MAJOR PROVISIONS OF THE NEW COMPETITION AMENDMENT BILL, 2022

Authors: Gayathri S Pillai, Student of National University of Advanced Legal Studies

Best Citation – Gayathri S Pillai, AN ANALYSIS OF MAJOR PROVISIONS OF THE NEW COMPETITION AMENDMENT BILL, 2022, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 289-295, ISSN – 2583-2344.

ABSTRACT

The market space has been ever-evolving in this trade-centric world. Maintaining healthy competition without the involvement of unfair trade practices in the market is crucial for the development of society. But is the current competition law regime in India adequate? The Competition Bill has been passed in this context. This research paper tries to analyze the major provisions of the new Competition Amendment Bill. Some of these changes are definitional changes, changes in threshold level, changes in timelines, the inclusion of hub and spoke cartel, etc. Other changes are also discussed in this paper. It also tries to focus on the areas where improvements can be made. Thus, in this research paper, the author attempts to bring in suggestions by analyzing the major changes incorporated through the Competition Amendment Bill.

A PHILOSOPHICAL ANALYSIS ON THE LEGALISATION AND REGULATION OF PROSTITUTION IN INDIA

Authors: Nithika Elizabeth Rebello, Student of CHRIST (Deemed To Be University) Bangalore.

Best Citation – Nithika Elizabeth Rebello, A PHILOSOPHICAL ANALYSIS ON THE LEGALISATION AND REGULATION OF PROSTITUTION IN INDIA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 282-288, ISSN – 2583-2344.

ABSTRACT

Prostitution can be defined as any practice or engagement in sexual activity with another person for payment of money or another form of gain in return. Prostitution is not recognized as a profession in India and is criminalized. According to the Indian Penal Code, 1860 [1](IPC) activities, such as soliciting, owning a brothel are punishable. Section 4 of the Immoral Traffic (Prevention) Act, 1956 [2]provides for the punishment of any person who makes an earning from prostitution. The criminalisation of prostitution leads to a vicious cycle of segregation and marginalisation of sex workers from the rest of society.

The question arises on whether prostitution is recognised as a profession from a philosophical point of view and if so, whether it must be brought under the regulation of the state. This paper by analysing legal theories of philosophy aims to examine the scope of morality related concepts to understand the ambiguity in the provisions of the Immoral Traffic (Prevention) Act which criminalises prostitution in India. It also seeks to make suggestions for incorporating the legal theory of liberal feminism in an effort to demonstrate that legalisation and regulation would generate better results.

KEYWORDS: Legalisation, morality, philosophy,  prostitution, regulation, state

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[1] Indian Penal Code, 1860, No. 45, Acts of Parliament, 1860 (India).

[2] Immoral Traffic (Prevention) Act, 1956, § 4, No. 104, Acts of Parliament, 1956 (India).

VARIOUS MODELS OF FEDERALISM & ITS DEVELOPMENT IN INDIA :  AN ANALYSIS

Authors: Pratibha Sahu, Student of CHRIST (Deemed To Be University) Bangalore.

Best Citation – Pratibha Sahu, VARIOUS MODELS OF FEDERALISM & ITS DEVELOPMENT IN INDIA :  AN ANALYSIS, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 271-281, ISSN – 2583-2344.

ABSTRACT

The present research paper aims at studying and describing the system and process of federalism in India. This paper further aims to explain their efficiency in terms of how well they work in tandem with India’s nation building and state formation initiatives. The fundamental tenet of Indian government is federalism. The concept of Indian federalism is dynamic. Over the years, it has transformed into a parliamentary system in its most recent iteration. The evolution and transformation of Indian federalism over several decades has given rise to two major concepts and forms of federalism, those are co-operative federalism and competitive federalism which are also incorporated in the Constitution of India. Examining and analysing the effectiveness of these two is the central point of focus of this research paper. Therefore, in this research paper, we will be examining Indian system of federalism with special reference to two of its important forms that is co-operative federalism and competitive federalism and their effectiveness in terms of building healthy co-relation between the Centre the state and vice-versa and also between states and states. This research article is also an attempt to sum up the debate on whether it’s to co-operative federalism or competitive federalism that is most compatible for Indian Centre-state relation reform and nation building, growth and development in whole.

Keywords – Federalism, Co-operative federalism, Competitive federalism, Indian federalism, Centre-state.