REVITALIZING ROOTS: PROTECTING TRADITIONAL KNOWLEDGE & LEVERAGING IPR FOR SUSTAINABLE DEVELOPMENT

AUTHOR – AABHA SHARMA, STUDENT AT FACULTY OF LAW, DELHI UNIVERSITY

BEST CITATION – AABHA SHARMA, REVITALIZING ROOTS: PROTECTING TRADITIONAL KNOWLEDGE & LEVERAGING IPR FOR SUSTAINABLE DEVELOPMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 178-183, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper examines the significance of traditional knowledge (TK) in India. Traditional knowledge encompasses the collective wisdom, practices, and innovations developed over generations, closely tied to cultural identity and ecological stewardship. India’s diverse ecosystems and cultural richness present a vast reservoir of Traditional Knowledge, with critical applications in agriculture, medicine, artisanal crafts, and cultural expressions. However, this invaluable heritage faces numerous challenges, including biopiracy, loss of biodiversity, cultural erosion, and inadequate legal protections. Efforts by the World Intellectual Property Organization (WIPO) and other international frameworks aim to safeguard Traditional Knowledge, emphasizing the need for both defensive and positive protection strategies. Recent developments, such as the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge, seek to enhance legal clarity and community rights. Despite these advancements, criticisms highlight the treaty’s limitations, including its lack of enforcement mechanisms and a generalized approach that may not cater to the diverse needs of various indigenous groups. This paper also explores the crucial role of NGOs and grassroots initiatives in documenting traditional practices, building community capacities, and advocating for policy reforms. Ultimately, preserving traditional knowledge is vital for maintaining cultural heritage and promoting sustainable development in the face of modernization and globalization. The paper concludes that prioritizing the protection of traditional knowledge is essential for safeguarding cultural identity and enhancing ecological resilience in India.

A STUDY ON IMPACT OF ARTIFICIAL INTELLIGENCE ON RIGHT TO PRIVACY IN INDIA

AUTHOR – ROHITH S B & SETHUPRIYA N, STUDENT AT THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – ROHITH S B & SETHUPRIYA N, A STUDY ON IMPACT OF ARTIFICIAL INTELLIGENCE ON RIGHT TO PRIVACY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 170-177, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Artificial Intelligence (AI) is a concept which is an intelligence artificially exhibited by computer systems which were previously unique to mankind. It is the ability to imitate humans, such as using language, image, recognition, making predictions, learning, problem-solving, ability to move and manipulate objects on their own by computers. Huge volumes of data are crucial for AI system. The AI algorithms can analyze and provide solutions to complex problems without any human interference. Through machine learning, AI systems are fed with data from pre-existing datasets that by using algorithms that helps in predicting the desired output. The data includes locally available data from end users of any platform which are all connected through the Internet. The data may be public or private data. The AI sorts out the sensitive personal data from inferencing other data which infringed the privacy rights of an individual. With growing modernization and integration of AI into different sectors, it has benefitted in lots of way. However, the easy access to the personal data by AI has raised legal and ethical difficulties which requires for ensuring a balance between technology and fundamental rights. The fundamental right of privacy envisaged under Article-21 of the Constitution of India has been a major concern in the digital age of AI. Since there is no proper legal framework which specifically governs AI related legal issues, there is need for a comprehensive legal framework to regulate and provide for safeguarding the privacy rights of an individual. The evolution of privacy and laws relating to it and the impact of AI on privacy in India will be discussed in this article.

KEYWORDS: Artificial Intelligence, Constitution, Data, Digital, Privacy

A STUDY ON THE DEVELOPMENT OF HUMAN RIGHTS AND ITS IMPACT ON THE CASTE SYSTEM IN INDIA

AUTHOR – G.ARAVIND, STUDENT AT SAVEETHA SCHOOL OF LAW

BEST CITATION – G.ARAVIND, A STUDY ON THE DEVELOPMENT OF HUMAN RIGHTS AND ITS IMPACT ON THE CASTE SYSTEM IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 164-169, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper analyses the Indian caste system and explores the advent of caste-based discrimination’s recognition as a human rights violation. The Indian Caste System is traditionally one of the major dimensions wherein human beings in India are socially differentiated via class, religion, region, tribe, gender, and language. Although this or different kinds of differentiation exist in all human societies, it will become trouble when one or greater of those dimensions overlap every other and come to be the only foundation of systematic rating and unequal entry to valued assets like wealth, income, strength and prestige. Its records are hugely associated with one of the distinguished religions in India, Hinduism, and have been altered in lots of methods throughout the Buddhist revolution and beneath neath British rule. Dalits (untouchables) were the ones who were severely affected and have been discriminated against for a long time and have since fought for the recognition of equal rights as fellow human beings. Although not quite achieving much awareness for their cause as much as the prevalence of racism, they have made significant but limited advances among international organisations. This paper concludes by stating that International human rights laws should look into the viciousness of caste-based discrimination and not have it be treated akin to racism as it has been proved that casteism is not in any way associated with skin-colour-based discrimination.

Keywords: Caste, values, abolishment, stratification, discrimination.

INSIDER TRADING LAWS IN INDIA: STRIKING A BALANCE BETWEEN MARKET EFFICIENCY AND INVESTOR PROTECTION

AUTHOR – YASHIKA NAYAK, ADVOCATE AT HIGH COURT OF GWALIOR MADHYA PRADESH

BEST CITATION – YASHIKA NAYAK, INSIDER TRADING LAWS IN INDIA: STRIKING A BALANCE BETWEEN MARKET EFFICIENCY AND INVESTOR PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 154-163, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper explore, how insider trading laws in India balancing the market efficiency and Investor protection includes rights of investor, evolution, enforcement and market dynamics. It starts dealing by the legal framework established by the Securities and Exchange Board of India (SEBI) and relevant laws. The paper discussed the challenges of enforcing these laws, such as detecting insider trading and the penalties for those who break the rules. By evaluating case studies and empirical data, the study highlights the tension between fostering a competitive market environment and protecting investors from unfair practices. Furthermore, the study discusses the implications of insider trading on market dynamics, exploring how such practices can distort price discovery and harm the overall investment climate. It emphasizes the need for a more proactive approach, including greater transparency, enhanced regulatory cooperation, and the integration of advanced data analytics to detect suspicious trading patterns.

Keywords: – Insider Trading, Market Efficiency, Investor Protection, SEBI, Legal Regulations, Financial Market.

AN ANALYSIS OF POLICE BRUTALITY IN INDIA DURING THE COVID-19 PANDEMIC

AUTHOR – ANNUBHUTI KAKKAD & ARRYAN MOHANTY, STUDENTS AT SYMBIOSIS LAW SCHOOL, NAGPUR

BEST CITATION – ANNUBHUTI KAKKAD & ARRYAN MOHANTY, AN ANALYSIS OF POLICE BRUTALITY IN INDIA DURING THE COVID-19 PANDEMIC, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 143-153, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

SARS-CoV-2 has profoundly disrupted global dynamics from 2020 through 2021. The pandemic has permeated all nations, regardless of their economic conditions, healthcare capabilities, or military strength. India has also succumbed to the repercussions of this virus and is presently engaged in a concerted effort to combat it. As the struggle escalates against this formidable pandemic, India, alongside its extensive scientific and medical inquiries, has commenced a series of auxiliary measures, including the imposition of a Janta curfew, a nationwide lockdown, restrictions on travel, the lighting of diyas, and the banging of utensils, among other initiatives, to mitigate the proliferation of COVID-19 and enhance public morale. This paper rigorously investigates the phenomenon of police brutality in India amidst the COVID-19 pandemic, with a particular emphasis on how the implementation of lockdowns and public health directives intensified occurrences of violence perpetrated by law enforcement agencies. India instituted rigorous lockdown protocols to mitigate the virus’s transmission as the pandemic progressed. Nevertheless, the involvement of law enforcement in the execution of these protocols elicited apprehensions due to pervasive accounts of excessive use of force, especially against marginalized groups such as daily wage earners, migrant workers, and other disadvantaged communities. This examination utilizes various sources, including news articles, case studies, and data from human rights organizations, to investigate the trends in police conduct, the legal frameworks that facilitated such actions, and the broader societal ramifications. It underscores how pre-existing systemic challenges, including inadequate accountability, poorly equipped law enforcement agencies, and socioeconomic disparities, were exacerbated during the pandemic. The research further evaluates the reactions from civil society, the judiciary, and governmental entities, analysing the enduring effects of these events on public confidence in law enforcement. The results indicate an imperative for thorough police reform and the establishment of enhanced accountability mechanisms to avert future occurrences of power misuse, particularly in times of crisis.

SHORT ARTICLE ON “ANALYZING THE AMENDABILITY OF BASIC STRUCTURE OF INDIAN CONSTITUTION.”

AUTHOR – SHAKKIRA KT, LLM SCHOLAR AT KANNUR UNIVERSITY

BEST CITATION – SHAKKIRA KT, SHORT ARTICLE ON “ANALYZING THE AMENDABILITY OF BASIC STRUCTURE OF INDIAN CONSTITUTION.”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 139-142, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The first and foremost question arises for consideration is nothing but is doctrine of rule of law, democracy, and judicial review is part of basic structure of Indian Constitution. The second concern is on the amendability of the same. In order to measure the contribution of the aforesaid principles to the evolution of basic structure doctrine, there is no liquid formula as such. But while we make some interrogations to history of judicial construction, we could sought out some sharp ends leading to the conclusion that rule of law, judicial review and democracy are indispensable to basic structure of our constitution and the avoiding of which will lead to the fall of basic structure. Basic structure is not a mere concept, but have bearing on the lives of each citizen of the country as we ourselves gives the constitution to lead us in the right way for achieving every goals of a most progressed nation in the world.

DOCTRINE OF STRICT LIABILITY AND IT’S IMPACT ON INDUSTRIES: AN OVERVIEW

AUTHOR – SHASHANK SHEKHER SINGH, STUDENT AT AMITY LAW SCHOOL, LUCKNOW

BEST CITATION – SHASHANK SHEKHER SINGH, DOCTRINE OF STRICT LIABILTY AND IT’S IMPACT ON INDUSTRIES: AN OVERVIEW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 133-138, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER 1

INTRODUCTION – STRICT LIABILITY

There are few activities which are being performed by an individual or group of persons which are too dangerous and if not properly handled can lead to the unforeseen consequences. It can be understood by an example, if someone acts have ability to cause the critical damages to either it is done by individual or group of persons then they are liable to pay the levied penalty even if they are at fault or not, this example clearly state the Rule of Strict Liability.^[1]

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[1] ‘BetiBachao, BetiPadhao: Caring for the Girl Child’ <https://www.pmindia.gov.in/en/government_tr_rec/betibachao-beti-padhao-caring-for-the-girl-child/> accessed 12 October 2022

RIGHTS OF THE UNBORN CHILD IN INDIA: LEGAL PROTECTIONS AND ETHICAL CONSIDERATIONS

AUTHOR – ANUPRIYA SRIVASTAVA, ALUMNI FROM AMITY INSTITUTE OF ADVANCED LEGAL STUDIES

BEST CITATION – ANUPRIYA SRIVASTAVA, RIGHTS OF THE UNBORN CHILD IN INDIA: LEGAL PROTECTIONS AND ETHICAL CONSIDERATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 129-132, APIS – 3920 – 0001 & ISSN – 2583-2344.

AUTHOR

The legal status of an unborn child has been a subject of debate across cultures, religions, and legal systems. In India, the question of the unborn child’s rights is complex and multifaceted, particularly because it intersects with issues of personal autonomy, medical ethics, and societal values. While Indian law does not recognize an unborn child as a full legal person, it does grant certain rights and protections, albeit in a limited context. The legal framework that governs the rights of an unborn child in India is found in statutes, judicial decisions, and constitutional principles, reflecting a delicate balance between safeguarding fetal interests and respecting the autonomy and rights of the mother. This article aims to provide a detailed analysis of the rights accorded to the unborn child in India, examining property and inheritance laws, criminal law, and medical jurisprudence. Additionally, it explores the ethical dimensions surrounding these rights, particularly in light of the advances in medical technology and reproductive rights.

“RIGHTS OF FEMALE DETAINEE IN INDIA: A LEGAL ANALYSIS”

AUTHAR – MEHLAQA MUKHTAR* & DR. SHOVA DEVI**, STUDENT* & ASSISTANT PROFESSOR** AT AMITY LAW SCHOOL, AMITY UNIVERSITY, UTTAR PRADESH

BEST CITATION – MEHLAQA MUKHTAR & DR. SHOVA DEVI, “RIGHTS OF FEMALE DETAINEE IN INDIA: A LEGAL ANALYSIS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 122-128, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Every year, close to 3 lakhs women are arrested for crimes under the Indian Penal Code and Special and Local laws. As per the Prison Statics of India 2022 of NCRB. Out of 5,73,220 prisoners, 23,772 are female Prisoners. There were 1,537 women prisoners with 1,764 children as on 31^st December. A majority of female inmates are in the age of 30-50 years (51.5%), followed by 18-30 years (28%).

The women are fragile creature of God. God designed women to have weaker bodies. Weaker refers to bodily weaker. Body includes brain, muscular capacities and hormonal system. As a consequence, women have been a stigma in the patriarchal and misogynistic society. India is deemed to be the most dangerous country in the world to be a woman. The various problem faced by the female prisoners across the country is threefold due to the patriarchal and male centric perspective in the criminal justice system. The constitution of India confers upon women status of equality and mandate the State to protect their rights. Despite of the prison’s rules and various criminal laws, female prisoners have been experiencing hardships of imprisonments like lack of sanitary napkins during mensuration. Even the majority of women are not aware of their legal as well as fundamental rights. Primary object of this research is to spread awareness of female prisoners’ legal rights and fundamental rights conferred by Indian constitution.

DELEGATED LEGISLATION IN ENVIRONMENTAL PROTECTION ACT, 1986

AUTHOR – ARYA J, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – ARYA J, DELEGATED LEGISLATION IN ENVIRONMENTAL PROTECTION ACT, 1986, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 115-121, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:     

In wake of the Stockholm Conference held in 1972 that supported environmental protection at the transnational position and was one of the most ruinous incidents of all time, the Bhopal Gas Tragedy^[1] of 1984 stressed an critical need for a comprehensive law with respect to environmental protection, domestically, the need for Environment (Protection) Act, 1986 was felt. The preamble of the Act states the ideal of the Act to be the protection and enhancement of the terrain. It seeks to cover mortal beings, other living brutes, shops, and property from environmental hazards. It extends to the total of India and aims to help, control, and abate environmental pollution. Indeed, though we had the Water Act^[2], 1974, the Air Act^[3], 1981, and the Indian Forest Policy^[4], 1988, there was a pressing need for general legislation with strict correctional vittles in order to guard the environmental rights.

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[1] Union Carbide Corporation Vs. Union of India, AIR 1988 SC 1531.

[2] An act which aims to prevent and control water pollution and restore the wholesomeness of water.

[3] An act to control the level of problem by setting rules for air pollution in India.

[4] The National Forest Policy of India sets guidelines and regulations which are established by the Indian Government.