Indian Journal Of Legal Review Issn 2583 2344

Author: PRASANNASRI26092001

  • SOCIAL MEDIA AND ITS INTERSECTIONS WITH FREEDOM OF SPEECH AND EXPRESSION: AN ANALYSIS OF RECENT DEVELOPMENTS

    Sapresh Devidas,

    Assistant Professor at G.R Kare College of Law (Goa).

    SOCIAL MEDIA AND ITS INTERSECTIONS WITH FREEDOM OF SPEECH AND EXPRESSION: AN ANALYSIS OF RECENT DEVELOPMENTS.

    Best Citation – Sapresh Devidas, SOCIAL MEDIA AND ITS INTERSECTIONS WITH FREEDOM OF SPEECH AND EXPRESSION: AN ANALYSIS OF RECENT DEVELOPMENTS, 3 IJLR 16, 2022

    ABSTRACT

    Today, there is increasing debate about the impact of social media on society, especially its potential negative effects. Social media has become an essential communication tool through which individuals can exercise their right to freedom of expression and exchange information and ideas. However, freedom of speech and expression does not grant citizens the right to speak or publish without responsibility, and the legislature can make laws that limit the right to speech and expression for several reasons. Social media is also open to abuse as several cyber-crimes can be easily committed through social media. This gives the state the right to regulate online content in the interest of the general public, the necessity of which cannot be denied. We begin to analyse social networking sites and the role and development of social media since its inception at the beginning of the 21st century, pointing out its positive aspects. Current research therefore focuses primarily on the intersections of social media and basic freedoms, i.e., freedom of speech and expression. This research highlights some issues such as censorship, limits to freedom of expression, misinformation, diversity of sources, visions and opinions, user content and privacy etc. Finally, the researcher suggests some solutions to combat these problems.

    Key Words: social media, Fundamental freedoms, Free speech, Restrictions, Malpractices, India.

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  • ROLE OF JUDICIARY IN REVAMPING THE CONCEPT OF FREEDOM OF TRADE, COMMERCE AND INTERCOURSE

    Manik Tindwani & Anupam Singh Sengar

    Students at University Five Year Law College, University of Rajasthan, Jaipur.

    ROLE OF JUDICIARY IN REVAMPING THE CONCEPT OF FREEDOM OF TRADE, COMMERCE AND INTERCOURSE

    Best Citation – Manik Tindwani & Anupam Singh Sengar, ROLE OF JUDICIARY IN REVAMPING THE CONCEPT OF FREEDOM OF TRADE, COMMERCE AND INTERCOURSE, 3 IJLR 1, 2022.

    ABSTRACT

    Freedom of trade in any federation is equitable to another medal of valour on its personage for its courage to combat the war against poverty, illiteracy, inadequacy and imbalanced economic organisation. This study attempts to make an honest and in-depth endeavour about the judicial trend of the term “freedom of trade, commerce and intercourse” and the coextensively regulatory powers of Parliament and States on freedom of trade as prevalent under the Constitution of India as well as the different statutory provisions which are the outcomes of this constitutional provision. Even if the focus of this research is only on Part XIII of the Indian Constitution, it would be beneficial to look at other laws that have anything to do with commercial freedom. This raises the issue of analysing the link between Part XIII’s trade-related laws and other portions of the Constitution including, inter alia, the Fundamental Rights, the Directive Principles, the powers of the Parliament and States, and their taxation authority, among others. However, as is seen from the arguments held on the Chapter previous to its introduction, this Part has often been condemned as being the Constitution’s most loosely constructed Part. In interpreting the language of this part, the Courts have created certain uncertainties. An attempt is made in this study to provide a simple analysis of Part XIII and resolve these uncertainties. The judicial developments are the heart and spirit of this study which helps in the interpretation of the constitutional provisions with much precision. Throughout the course of the investigation, specific issues and matters are humbly sought to be highlighted by way of suggestions and recommendations in order to uphold the constitutional spirit by properly protecting the provision of the Constitution from the unwarranted, whimsical, arbitrary, unbridled, and excessive dilution through way of interpretation, amendment, or other legislative measures.

    KeyWords: Trade, Commerce, Intercourse, Constitution of India, Chapter XIII, Article 301, Article 19(1)(g), Freedom of Trade, Judiciary.

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  • CENSORIUS STUDY ON THE CRIMINAL JUSTICE SYSTEM WITH RESPECT TO CASES MENTIONED IN THE BOOK NO NATION FOR WOMEN BY PRIYANKA DUBEY.

    Karanam LBP Kruthika

    CENSORIUS STUDY ON THE CRIMINAL JUSTICE SYSTEM WITH RESPECT TO CASES MENTIONED IN THE BOOK NO NATION FOR WOMEN BY PRIYANKA DUBEY.

    Best Citation – Karanam LBP Kruthika, CENSORIUS STUDY ON THE CRIMINAL JUSTICE SYSTEM WITH RESPECT TO CASES MENTIONED IN THE BOOK NO NATION FOR WOMEN BY PRIYANKA DUBEY, 1 IJLR 1, (2022)

    Abstract:

    Due to escalating incidents related to gender crimes against women, “Priyanka Dubey”, a professional reporter, contributed to the literary world. She wrote a ground reportage to aid people to recognize the issue of sexual assault in India and the victims having their justice delayed or not being served. This paper is a study on why and how the criminal justice system fails to do justice to the victims mentioned in the book “NO NATION FOR WOMEN” and, in general—a fundamental analysis of what the criminal justice system is and its difference in investigating the cases of sexual assaults, rapes and violence resulted due to gendered crimes. Assaults against women and the ignorance feigned by the public officials are ridiculed all along with every discussion in India. Many landmark cases that occurred in the past, like the Mathura case in 1972 or the infamous Nirbhaya case in 2012, were influential in modifying the Criminal laws associated with sexual violence, making forensic investigation mandatory and enervating the police force, constituency, and academic sectors. Regrettably, these amendments did not make any difference to how the system works. The public officials and ministry were said to have even wasted and underused the budget assigned to administrate the rules and laws. So, this paper is showing the result of delayed justice provided and relativity with criminal justice system. The sources and legal databases regarding the book were indulged in the investigation method and the landmark cases as further explanations. This paper is the unraveling of our search behind the Justice system and its failures.

    KEYWORDS: Sexual Assault, Criminal Justice System

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  • KAFKAESQUE IN INVESTIGATION LAWS IN INDIA

    Sanath S B

    student at Symbiosis Law School Hyderabad

    KAFKAESQUE IN INVESTIGATION LAWS IN INDIA

    Best Citation – Sanath S B, KAFKAESQUE IN INVESTIGATION LAWS IN INDIA, 1 IJLR 8, 2022.

    ABSTRACT

    The play “The Trial” was written by German-speaking Bohemian novelist Franz Kafka. The play starts on a fine morning of Joseph K’s thirtieth birthday, a man whom he never saw knocks and enters the bedroom and, another waits in the next room. The men informed him that he was arrested and had to remain in the room. This play is all about Joseph K, the protagonist who suffered the bewildering procedures and series of vague laws where neither the cause of his arrest nor the nature of the judicial proceedings is made clear to him. Joseph K was then summoned to meet the inspector, where again he did get to know what was happening. The inspector says that K is free to go for now and let K. continue with his work. This play revolves around a terrible situation faced by a man who is being framed and made to suffer for a mistake that he has not committed. Every trial has to be in accordance with the law, which will have to be in a justified and rational manner. But due to the irrationality in the system of law, innocent people such as the protagonist, Joseph K as portrayed by Franz Kafka had to face injustice until his death. This tale of the struggle faced by common people by the despotic administration, restricting them with their rights and an impediment to their progress in life. In this research paper, the main emphasis will be given understanding the similar struggle faced by Joseph K and problems faced by the common people under the law.

    Keywords: Kafkaesque, bewildering legal system, injustice, unfair trial.

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  • EVALUATION OF OFFENCES AGAINST THE STATE IN INDEPENDENT INDIA

    SHWETA

    Student at CENTRAL UNIVERSITY OF SOUTH BIHAR

    EVALUATION OF OFFENCES AGAINST THE STATE IN INDEPENDENT INDIA

    Best Citation – SHWETA, EVALUATION OF OFFENCES AGAINST THE STATE IN INDEPENDENT INDIA, 1 IJLR 14, 2022.

    ABSTRACT

    This paper is aimed to review the points concerning the legal positions in democracy of Bharat with regard to criminal activities against the State. This paper is restricted in scope to the offences like waging war, misdemeanour laws Associate in Nursingd abetting war. All crimes that to that degree touching the general public order ought to be thought-about as offences against the state. the general public tranquillity is one amongst the offences which don’t seem to be solely against the person and property of a personal however conjointly an offence against the State. There are many criminal activities which are considered as the offences against the State itself i.e. treason, misdemeanour and rebellion. It starts with introduction of offences or nature of offences against the State then enlists the penal provisions concerning that offence. Afterward this paper starts with the understanding of historical context in regard to offences. From Section 121 to Section 130 of Chapter VI of the Indian Penal Code, 1860 deals with the Offences against the State. Once an oversized range of persons interact in criminal activity with a standard intention then every of the person are prone to commit the offences. These all points are mentioned further during this paper.

    Keywords: Offences against the state, Sedition, Public Tranquillity, Government, Treason and Waging War.

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  • Insider Trading Laws- Problems and its Solution in comparison with US & UK

    Anuj Chhabra

    Student at RGNUL

    Insider Trading Laws- Problems and its Solution in comparison with US & UK

    Best Citation – Anuj Chhabra, Insider Trading Laws- Problems and its Solution in comparison with US & UK, 1 IJLR 19, 2022.

    Abstract

    Insider Trading Regulation is not a very old thing in India because the country has still been progressing and its regulations are always changing. India now adheres to the SEBI (Insider Trading Regulation) of 2015. Countries like the United States of America have had these rules for a long time, and as a result of the United States of America’s securities, various other countries tried to follow the same methodology and enacted Insider Regulations in their own countries. Corporations in India are also permitted to enact their own Insider Trading Regulations, which must be consistent with the Insider Trading Regulation Act. And by looking at all of these circumstances, it became clear that they needed to be examined and analyzed. This research compares and contrasts the Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015, and the United States of America’s Insider Trading Legislation. It also covers the difficulties and obstacles with implementing Insider restrictions in India, as well as possible alternatives through the US as well as UK legislation.

    Keywords – Insider Trading, SEBI, India, US, UK

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  • ISSUES SURROUNDING ADR AND THE ROLE OF INDIAN COURTS

    Anuj Chhabra

    Student at RGNUL, Punjab

    ISSUES SURROUNDING ADR AND THE ROLE OF INDIAN COURTS

    Best Citation – Anuj Chhabra, ISSUES SURROUNDING ADR AND THE ROLE OF INDIAN COURTS, 1 IJLR 24, 2022.

    Abstract
    Arbitration, which was previously seen as a viable alternative to litigation, is today plagued by the same issues of expense, delay, complexity, and reliance on legal counsel. There are still many unanswered questions about their significant success in boosting efficiency and expanding access to justice. Even if ADR’s conciliatory, understandable, and flexible methods are well-liked by participants, the efficiency improvements are minor. The examination of those cases that were challenged from the arbitration panel to the Supreme Court of India came to found out that the total expenditures of the courts and the average amount of time it takes for cases to be resolved had not decreased. The second issue is the impact of alternative dispute resolution on access to justice. In this article, I have tried to put forth some light on the issues with ADR faces, the role of the courts, and some solutions to improve the ADR mechanism in India.

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  • Victims of Crimes and their Concerns under International Criminal Court.

    Tavleen Kaur & Vinayak Sonkar

    Students at University of Petroleum and Energy Studies, Dehradun

    Victims of Crimes and their Concerns under International Criminal Court.

    Best Citation – Tavleen Kaur & Vinayak Sonkar, Victims of Crimes and their Concerns under International Criminal Court, 1 IJLR 28, (2022)

    Abstract

    In international criminal law, victims have been ignored for far too long. Most international criminal courts and tribunals established since Nuremberg to bring justice to victims of international crimes, including the ad hoc International Criminal Tribunals for Rwanda (ICTR) and International Criminal Tribunals for the Former Yugoslavia (ICTY), have failed to give victims’ concerns due consideration. The International Criminal Court’s Rome Statute affirms that “during this century (20th century), millions of children, women, and men have been victims of unimaginable crimes that deeply shock the consciousness of living beings,” and grants victims a set of legal safeguards, participation, and protective measures by adopting the International Criminal Court (ICC) Statute. The International Criminal Court (ICC) is a pioneering and complex system of justice that protects victims’ rights. Although these rights are not absolute, the Court regards victims as valid participants in its proceedings since they are entitled to the guarantees of a fair and impartial trial. Nonetheless, this approach poses a significant challenge to the Court, which it has already confronted during its preliminary investigations and at the commencement of its first case. Furthermore, victim participation in criminal processes is a relatively recent phenomena. While victim involvement as a “partie civile” in criminal procedures is common in some national jurisdictions, it is uncommon in international criminal trials. The International Criminal Court (ICC) Statute’s drafters opted to include a rather extensive victim involvement structure. Although it has been welcomed as a crucial and useful tool for allowing victims of egregious human rights violations and violations of international humanitarian law a voice, the procedural and substantive aspects are still being worked out. This paper begins with the analysis of the evolution and development of victims’ rights in international law, followed by an examination of the extent to which victims’ interests are addressed before the ICC. Attempts have been made to define and comprehend the fundamental ideas crucial to the subject, such as victim, compensation, restitution, and victim and witness protection.

    Keywords: International Criminal Court, Victims , Rights of Victims ,Right to Participation , Right to Protection ,Right to Reparations.

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  • ROLE OF JUDICIARY – JUDICIAL REVIEW AND JUDICIAL ACTIVISM – A CRITICAL ANALYSIS

    M.SURIYA PRIYA,
    ASSISTANT PROFESSOR, SARASWATHY LAW COLLEGE, TINDIVANAM

    ROLE OF JUDICIARY – JUDICIAL REVIEW AND JUDICIAL ACTIVISM – A CRITICAL ANALYSIS

    Best Citation: M.SURIYA PRIYA, ROLE OF JUDICIARY – JUDICIAL REVIEW AND JUDICIAL ACTIVISM – A CRITICAL ANALYSIS, 2 IJLR 131 & (2021)

    ABSTRACT

    Our Indian Judiciary is a system of Courts that Interpret and apply the law. It uses the Common Law System, Inherited from the Legal system Established by former colonial powers and the princely States, as well as practices from the Ancient and Medieval Times called as Customs. Among the three Backbone of our Country’s Democracy, The Judiciary, Executive and Legislature, Judiciary Holds the Supreme Power over other which has its checks and Balance of the Executive and Legislature and inturn they should not encroach each other’s functioning having its own Individuality. The Constitution of India, 1950 is the Supreme Law of Land among all the Laws.

    Keywords: Judiciary, Law, Justice, Democracy.

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  • RELIGIOUS LAW AND CRIME IN DEVELOPING/DEVELOPED NATIONS

    R.R.VIVIN,
    Student AT VIT UNIVERSITY, CHENNAI

    RELIGIOUS LAW AND CRIME IN DEVELOPING/DEVELOPED NATIONS

    Best Citation: R.R.VIVIN, RELIGIOUS LAW AND CRIME IN DEVELOPING/DEVELOPED NATIONS, 2 IJLR 108 & (2021)

    ABSTRACT

    The term “Religious Law” means any kind of customary practices/ traditions which are followed by people from centuries or an ethical code of code and moral code of conduct which are preached/practiced by the people of different religion across the globe such as Christianity follows the principles of old testament also known as biblical law, Hinduism is preached by the principles of dharma, Vedas, etc, Sikhism does not follow a particular principle but a combination of all the believes of the religions of Buddhism, Hinduism, Jainism, etc and believes that there is only one God, Jainism follows the scriptures which has listed the 5 vows anuvratas( are the lesser or limited vows namely non-violence, truthfulness, non- possession, being chastity and non-stealing , 3 gunavratas (subsidiary vows), 4 siksavratas which are the vows which gives instructions and to follow the path of discipline .If we talk about the kinds of religious laws in the world all of them are sacred in nature and teaches everyone should show respect towards the society and the individuals of the society and on the other hand, term “Religious Crimes” or can say religious offences means an activity which might affront the religious opinions or believes of people belonging to a particular religion or which might create a negative impact on them also known as “Sin” it mostly includes Blasphemy (speaking bad words). In this research paper, researcher will trace the origin of some of the religious laws and will elaborate more on the religious principles of different religions (religious laws), comparison between religious laws and secular laws, religion and crime, names of the countries giving religious freedom to it’s citizens, names of worst countries for religious freedom, examples of religious laws, countries having official state religions(State Religion Countries are those countries where one religion is been practiced by all the citizens ),Religion and Crime: Is there any correlation between the two?Countries where preaching own religion is banned, crime rates by religion(US, UK and INDIA), effects of religious practice on crime rates, role of religion in preventing risk of crime in society, how can religion reduce the crime rate, causes of religious conflicts, solutions/preventive measures to stop religious crimes, role of government in controlling religious crimes

    Keywords: Religious laws, Religious crimes, countries, preached, religious freedom.

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