AN ANALYSIS AND CASE STUDY ABOUT JUDICIAL ACTIVISM

AUTHOR – ASHISH KUMAR, GRADUATE AND ADVOCATE FROM IP UNIVERSITY, FIMT COLLEGE

BEST CITATION – ASHISH KUMAR, AN ANALYSIS AND CASE STUDY ABOUT JUDICIAL ACTIVISM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 227-228, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION : JUDICIAL ACTIVISM

Judicial activism has always been a source of heated debate, particularly in the light of recent developments in this regard. In the last few years, with several Controversial decisions, the Supreme Court The Judges, as well as the numerous High Courts Judges, have again that has always been well as triggered very strong a debate. However, the word “Judicial activism” actually Connotes is What the Still a mystery. Under the Indian Constitution, State is under the prime obligation to ensure justice, liberty, equality and fraternity in the country. In this sense, the Indian  Judiciary has been defender of the guardian and Indian Constitution. Considering its Constitutional duty, the Indian Judiciary has played the active role now, whenever necessary, in protecting the individual’s fundamental right against the State’s midst, excessive and equal actions/inaction. Therefore, the idea of judicial activism is the restraint. Exact Judicial activism all the two terms opposite of judicial and Judicial restraint the used to describe philosophy and motivation, behind some Judicial decision.

CYBERCRIME AGAINST WOMEN IN INDIA: A CRITICAL ANALYSIS OF CURRENT SITUATIONS

AUTHOR – MR. MD JIYAUDDIN, ASSISTANT PROFESSOR OF LAW AT VEL TECH RANGARAJAN DR. SAGUNTHALA R&D INSTITUTE OF SCIENCE AND TECHNOLOGY

BEST CITATION – MR. MD JIYAUDDIN, CYBERCRIME AGAINST WOMEN IN INDIA: A CRITICAL ANALYSIS OF CURRENT SITUATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 217-2226, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In India, cybercrime is a problem that is expanding quickly and has a big effect on women. Human rights and the right to privacy are violated when violence against women occurs; this is not a recent development. In Indian history, it always takes on new forms from time to time. Many feminists have battled for women’s empowerment in society and against violence against them over time, yet the victim’s exploitative existence will always exist. The term “cybercrime” refers to a wide range of illegal behaviours wherein computers or networks are utilised as a weapon, a target, or a location. Technology advancements have resulted in a sharp rise in cybercrimes and the victimisation of women online. According to the study online harassment, cyberstalking, revenge pornography, cyber defamation, sexual abuse, cyber extortion, cyber bullying, cybersex trafficking, email misrepresentation and phishing are the most frequent cybercrimes against women in India. Because victims are unaware of their legal alternatives and do not trust law enforcement to properly investigate and punish these offences, many crimes frequently go unreported. People are seriously threatened by cybercrimes. Women are the primary victims of this emerging type of crime, which is a global issue. The author examines internet security flaws and cybercrimes against women in this article. The threat of cybercrime to economic and national security are growing. The Digital Personal Data Protection Act, 2023 establishes guidelines for safeguarding personal data, including securing consent before using it, restricting data collecting, and guaranteeing data accuracy. People also have the right to raise complaints, seek corrections, and receive information. The statute does, however, release the government from some restrictions on the use of data processing for law enforcement. With an emphasis on cybercrimes against women, the Ministry of Home Affairs runs the National Cyber Crime Reporting Portal, which allows residents to file complaints about any kinds of cybercrime.

KEYWORDS: Cybercrime, Human Rights, Right to Privacy, Global Issue Investigate, Digital Personal Data Protection.

CRITICAL ANALYSIS OF THE BHARTIYA SAKSHYA ADHINIYAM 2023

AUTHOR – ANISHA AGRAWAL, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY RAJASTHAN

BEST CITATION – ANISHA AGRAWAL, CRITICAL ANALYSIS OF THE BHARTIYA SAKSHYA ADHINIYAM 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 208-216, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Bhartiya Sakshya Adhiniyam 2023 superseded the Indian Evidence Act of 1872, which was legislation still in the colonial era. There were fundamental changes in India’s legal system with it. This research study critically analyses the primary innovations and reforms covered by the 2023 Act in relation to how they may influence India’s legal system. With the rapidly developing technology and increase of complicated legal issues it had birthed, there was a definite call for evidence law to be updated. The new reform as can be reflected in this 2023 Act is through contemporary procedures for witness protection, strengthening of admissibility provisions concerning digital and electronic evidence, and making weightier the forensic and scientific evidence.

The Act has updated the burden of proof for economic crimes and sexual harassment cases, and it has streamlined the procedures on documentary evidence, so the introduction of authentic digital documents is made not burdensome before a court of law. Such a legal system in India would facilitate the goal of victim-centric, transparent, and efficient transparency in terms of best international practices.

But the paper also discusses possible obstacles in implementing the reforms in practice, especially in developing and rural areas where technology is still not well-accessible. And even if the Act introduces much needed amendments, proper balance between the right to personal privacy and the need for digital evidence in court gets raised as a concern.  The analysis concludes that though Bhartiya Sakshya Adhiniyam 2023 is a progressive step to modernize the Indian judiciary system, its success would depend upon equal application throughout different areas of India and effective judicial interpretation.

KEYWORDS: Digital Evidence, Forensic Science, Vulnerable Witnesses, Judicial Reforms, Admissibility

A REVISED INSIDER TRADING POLICY COULD BE MORE PRACTICAL IN THE INDIAN STOCK MARKET

AUTHOR – PRIYANKA SAHA AND BAISHALI DEBNATH, STUDENT AT AMITY UNIVERSITY KOLKATA

BEST CITATION – PRIYANKA SAHA AND BAISHALI DEBNATH, A REVISED INSIDER TRADING POLICY COULD BE MORE PRACTICAL IN THE INDIAN STOCK MARKET, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 201-207, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Insider trading in India refers to the buying or selling of a company’s securities based on confidential information not available to the public. This practice undermines market integrity and investor confidence by giving an unfair advantage to those with access to sensitive information. Regulatory oversight in India has evolved significantly, with the Securities and Exchange Board of India (SEBI) playing a central role in monitoring and controlling insider trading activities. Following the landmark TISCO case in 1992, SEBI introduced the first set of insider trading regulations, which have since been updated with the SEBI (Prohibition of Insider Trading) Regulations, 2015, and further strengthened by amendments in 2019. Additionally, the SEBI Act outlines legal prohibitions and penalties associated with insider trading. These developments underscore India’s commitment to maintaining a transparent and fair financial market by reducing the risk of unfair trading practices.

THE PROTECTION OF CONSUMERS’ RIGHTS IN BANGLADESH: A CRITICAL LEGAL ANALYSIS

AUTHOR – SAYED JUBAYED MD MUBTASIM, LLM SCHOLAR AT UNESCO MADANJEET SINGH SOUTH ASIAN INSTITUTE OF ADVANCED LEGAL AND HUMAN RIGHTS STUDIES (UMSAILS) IN COLLABORATION WITH UNIVERSITY OF ASIA PACIFIC (UAP)

BEST CITATION – SAYED JUBAYED MD MUBTASIM, THE PROTECTION OF CONSUMERS’ RIGHTS IN BANGLADESH: A CRITICAL LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 189-200, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Consumers’ rights protection is an essential component of modern legal systems that strives to protect consumers’ interests and well-being, and it is a significant area of legal study that involves examining the procedures, concepts, and issues surrounding consumers’ rights protection. The primary focus of this monograph is the present scenario for consumer rights protection in Bangladesh and conduct critical analysis of consumer rights practices in Bangladesh. In this regard, the Consumers’ Rights Protection Act (CRPA) of 2009 has been thoroughly looked at in this study. The analysis is concentrated on critically analyzing the legal framework, enforcement mechanisms, and potential reforms, with the aim of contributing to the ongoing discourse on consumer rights protection, ultimately seeking to improve consumer well-being and promote fairness and accountability in consumers’ transactions. Following an analysis, this paper finds some significant gaps in the legislative framework of consumer rights protection in Bangladesh and suggests some solutions of addressing the gap.

KEY WORDS: Consumer Rights, Legal Framework, Concerned Authority

DIGITAL COMPETITION BILL, 2024: A REVIEW

AUTHORS – KARANDEEP SINGH* & DR. AJAYMEET SINGH**, LL.M. STUDENT* AND ASSOCIATE PROFESSOR AT CHANDIGARH UNIVERSITY, MOHALI

BEST CITATION – KARANDEEP SINGH & DR. AJAYMEET SINGH, DIGITAL COMPETITION BILL, 2024: A REVIEW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 182-188, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The ecosystem around us is no more natural, it has turned digital. The extensive use of technology and the rapid expansion of digital businesses have profoundly impacted Indian society and the economy. Digitalization has significantly transformed how consumers interact with each other and with providers of goods and services. This shift offers numerous pro-competitive benefits, such as fostering innovation and the creation of new products and services through market contestability and fair practices. The current ex-post framework under the Competition Act, 2002, feels to have become inefficient as markets are now not traditional but digital. It is therefore, The Ministry of Corporate Affairs established the Committee on Digital Competition Law to review the current regime under the Competition Act, 2002, and assess whether an ex-ante framework would solve the problem or not. The Committee has drafted this Digital Competition Bill and has engaged in consultations with key stakeholders and analyzed both domestic legal structures and international regulatory practices for digital service regulation. This research paper seeks to review the whole landscape behind the changes into the Indian Competition Law jurisprudence.  

Keywords: Digitalization, Ex-ante, Market, antitrust, Competition Act, Digital Competition Bill.

“MEDICAL TOURISM: INDIA’s EMERGENCE AS A PRIME PLAYER”

AUTHOR – DHANUSH.K, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES, (SIMATS), CHENNAI-77

BEST CITATION – DHANUSH.K, “MEDICAL TOURISM: INDIA’s EMERGENCE AS A PRIME PLAYER”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 174-181, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Medical tourism is a growing sector in the healthcare industry. Due to globalisation and the development of technology, foreigners are willing to travel to other nations and obtain medical treatment for the fraction of the price that it would originally cost in their country. Although medical tourism isn’t a recent phenomenon it has existed during the Greek and Roman empire’s peak. The aim of this paper is to understand India’s role in medical tourism, its reason for popularity and its significance as an important destination. For the purpose of this study, descriptive research is used to accurately portray the public opinion on the importance and significance of medical tourism. Convenient sampling method is used to collect the samples. Independent variables are age,gender and occupation. Dependent variables are ‘India as a destination for medical tourism’, ‘India a major hub’ and ‘benefits of medical tourism’.

Keywords: Medical, Tourism, health, healthcare, globalisation, Treatment

GRAMATICAL INTERPRETATION OF STATUTES

AUTHOR – DEVANADHAN.R, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, CHENNAI

BEST CITATION – DEVANADHAN.R, GRAMATICAL INTERPRETATION OF STATUTES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 168-173, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

                                This research is intent to analysis the recent trend of the one of the basic rules of interpretation of statutes, which is Primary rule or grammatical rule of interpretation. It is the one of the oldest methods of interpretation adopted by the judiciary. “The primary principle of interpretation dictates that the language within a text should be understood according to its everyday, literal meaning. If this interpretation renders the meaning unmistakably clear and free of ambiguity, then the provision of a statute must be upheld, irrespective of the resulting implications. The fundamental principle underscores that the legislature’s intent in crafting provisions is conveyed through the language employed, subject to the rules of grammar. This principle stands as the most reliable guide in statutory interpretation, as it allows the court to discern legislative intent solely from the wording and structure of the statute. In accordance with this principle, the court’s sole responsibility is to enforce the statute if its language is clear and unambiguous, without delving into potential repercussions. The court’s duty is strictly to elucidate the law as written; any adverse effects must be addressed through legislative action rather than judicial intervention.Top of Form this article th This article deals with Features and subsidiary rule of the interpretation; how the courts are used this rule in recent days and the points kept in mind while applying this rule.

SECTION 184(6) OF BNSS VS SECTION 164A (6) OF CRPC FOCUSING ON TIME-BOUND MEDICAL EXAMINATIONS

Author – SHARUK AHAMED.S, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, CHENNAI

BEST CITATION – SHARUK AHAMED.S, SECTION 184(6) OF BNSS VS SECTION 164A (6) OF CRPC FOCUSING ON TIME-BOUND MEDICAL EXAMINATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 159-167, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

This comparative study examines the provisions governing time-bound medical examinations under Section 184(6) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and Section 164A(6) of the Code of Criminal Procedure (CrPC), 1973. Both sections address the necessity of prompt medical examinations in criminal cases, particularly sexual assault, but differ in their legislative intent, scope, and procedural requirements. This paper explores the legal obligations imposed on law enforcement and medical professionals, highlighting how these sections protect the rights of victims by ensuring timely medical documentation.

The research compares the legal frameworks, focusing on the statutory language, time frames, procedural safeguards, and the consequences of non-compliance. Additionally, the study analyzes judicial interpretations and case laws that have shaped the enforcement of these provisions. Through a critical examination of challenges faced in implementation, particularly resource constraints and inter-agency coordination, the article proposes practical recommendations for harmonizing BNSS and CrPC. It emphasizes the importance of training, technological infrastructure, and compliance mechanisms to improve the efficacy of medical examinations in securing justice for victims.

A STUDY ON ROLE OF WRITS IN RELEVANCE TO ADMINISTRATIVE LAW IN INDIA

AUTHOR – K.YUKTHANKITHA, STUDENT AT SCHOOL OF EXCELLECE IN LAW,THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY,CHENNAI.

BEST CITATION – K.YUKTHANKITHA, A STUDY ON ROLE OF WRITS IN RELEVENCE TO ADMINISTRATIVE LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 145-158, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

 In modern times the strengthening of power of administrative authorities has resulted into different complications and repercussions in socio-economic field in India. The administrative law is that branch of law that keeps the governmental actions within the bounds of law and prevents the enforcement of blatantly bad orders from being derogatory. State not only has the legal duty to protect the rights guaranteed, but also a social duty to compensate the affected, when the state violates these rights. There has been tremendous expansion in the administrative process in our country, which is obvious in a welfare state as a welfare state is basically an administrative state.

Keywords   :  Rule of law, Habeas Corpus, Certiorari, Prohibition, Mandamus, Quo Warranto