ENVIRONMENTAL JUSTICE AND MARGINALIZED COMMUNITIES IN INDIA: ANALYZING THE ROLE OF LAW AND JUDICIAL INTERVENTIONS

AUTHOR – NIVEDITA SAHU, LLM SCHOLAR AT JSS LAW COLLEGE, MYSURU

BEST CITATION – NIVEDITA SAHU, ” ENVIRONMENTAL JUSTICE AND MARGINALIZED COMMUNITIES IN INDIA: ANALYZING THE ROLE OF LAW AND JUDICIAL INTERVENTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 40-45, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

In recent years, environmental justice has emerged as a vital aspect of human rights debate, particularly in developing countries that include India. Environmental justice can be described as equal consideration and significant involvement of all people, irrespective of race, color, a nation or income, in the establishment, execution, and implementation of environmental rules and regulations. It aims to reduce the disproportionate ecological damage that impoverished communities—such as Scheduled Tribes, Dalits, and rural populations—often bear.^[1]

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^[1] United Nations Environment Programme (UNEP). “Environmental Justice and Human Rights: An Emerging Framework.” Report, UNEP, 2019.

“DIGITAL DIPLOMACY: ETHICAL MEDIATION IN THE AGE OF INNOVATION”

AUTHOR – BERADAR AKASH, STUDENT AT CHRIST ACADEMY INSTITUTE OF LAW

BEST CITATION – BERADAR AKASH. F, “DIGITAL DIPLOMACY: ETHICAL MEDIATION IN THE AGE OF INNOVATION”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 35-39, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

How can we balance technological advancements with ethical mediation practices in today’s digital age? Anticipated on the backdrop of the social media era challenging the legal framework of today’s society, mediation – one of the vital pillars of conflict resolution – opens itself up to a brand-new potential, as well as emerging ethical concerns. This essay, “Digital Diplomacy: Ethical Mediation in the Age of Innovation,” addresses the dilemma that has been on the improvement of technology in the carrying out of mediation services. From the exploration of the historical background of mediation and the description of its principles, the modern approaches in mediation, and the ethical issues that accompany the applicability of new technologies in the field, this essay would be useful to anyone who needs a guide to mediate in the digital age. In this paper, we look at the corresponding case laws and legal measures to enable an understanding of how to effect ethical and efficient mediated communication in the context of a technologically developed society.

Keywords– Digital diplomacy, Ethical Mediation, Technological Advancement, Confidentiality, Case Laws

SOURCES OF THE INTERNATIONAL LAW OF THE SEA

AUTHOR – ANTONY MERCY. F, LLM STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – ANTONY MERCY. F, SOURCES OF THE INTERNATIONAL LAW OF THE SEA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 20-34, APIS – 3920 – 0001 & ISSN – 2583-2344.

1.Abstract

“Sea” denotes to vast body of waters consisting of numerous uncontrolled natural resources. So, to regulate the administration and functioning of this gigantic body of waters and all those which dwells on this body of waters, a branch of public international law has been emerged. The primary function of the international law involves the spatial distribution of the jurisdiction of the states. This essay is mainly focus on the Sources of Law of sea. The law of the sea is a body of customs, treaties, and international agreements by which governments maintain order, productivity, and peaceful relations on the sea. Further, this paper discusses about the international treaties and agreements and customary practices followed by the states.

Keywords: Sources – International – Law – Sea – Customs – Agreement – UNCLOS

TRANSPARENCY ACROSS BORDERS: A COMPARATIVE STUDY OF RTI LAWS IN INDIA AND PAKISTAN

AUTHOR – AGAM DIXIT, INDEPENDENT LEGAL RESEARCHER AND WRITER BASED IN AGRA, INDIA

BEST CITATION – AGAM DIXIT, TRANSPARENCY ACROSS BORDERS: A COMPARATIVE STUDY OF RTI LAWS IN INDIA AND PAKISTAN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 14-19, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper provides a detailed comparative analysis of the Right to Information (RTI) laws in India and Pakistan, two nations with a common heritage but varying approaches to democratic transparency. It assesses the historical evolution, legal frameworks, and the implementation challenges of RTI laws in both countries, exploring how they facilitate or impede public access to government-held information. The analysis utilizes international best practices, particularly those outlined by ARTICLE19, to evaluate the effectiveness of these laws in promoting governmental transparency and accountability. Key challenges such as bureaucratic resistance, political instability, and legal loopholes are discussed, highlighting their impact on the enforcement of RTI provisions. Recommendations are provided to enhance the robustness and effectiveness of RTI laws, aiming for an adherence to global standards of open government.

Keywords: Right to Information, transparency, governmental accountability, India, Pakistan, comparative law, bureaucratic resistance

CRIMINOLOGICAL THEORIES IN THE CONTEXT OF DEVELOPING COUNTRIES

AUTHOR – TANMAY JAIN, STUDENT AT BENNETT UNIVERSITY (TIMES OF INDIA GROUP)

BEST CITATION – TANMAY JAIN, CRIMINOLOGICAL THEORIES IN THE CONTEXT OF DEVELOPING COUNTRIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 01-13, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Criminological theories, predominantly developed in Western Contexts, often fail to fully capture the complexities of the crime patterns in the developing countries. This research paper undertakes a comparative study to analyse the applicability of key criminological theories such as strain theory, Social Disorganisation theory and Routine Activity Theory within socio-economic, cultural, and political landscapes of developing countries. By examining crime patterns in selected case studies from the Global South, this study identifies unique factors influencing criminal behaviour, including political instability, economic disparities, rapid urbanization, and diverse cultural norms. The findings reveal significant limitations in the current application of these theories, highlighting the need for their adaptation to account for context-specific realities. The paper argues for a more nuanced approach to criminological research that integrates local knowledge and addresses the distinctive challenges faced by developing countries. Based on the comparative analysis, the study provides policy recommendations for more effective, context-sensitive crime prevention and intervention strategies. The research contributes to the field by expanding the theoretical framework of criminology to be more inclusive and globally relevant, offering insights for future studies and practical applications in criminal justice policy-making.

CYBER CRIMES: AN IN-DEPTH ANALYSIS

AUTHOR – ADITYA PRAKASH, LL.M STUDENT FROM AMITY LAW SCHOOL

BEST CITATION – ADITYA PRAKASH, CYBER CRIMES: AN IN-DEPTH ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1594-1595, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rapid advancement of technology and the increased interconnectedness of digital systems have led to the emergence of cyber crimes as a significant global issue. This paper explores the definition of cyber crimes, various types, their impact on society, the methods used by cybercriminals, and legal frameworks for combating these crimes. Furthermore, it discusses preventive measures and the role of education in mitigating risks associated with cyber crimes.

AN ANALYTICAL STUDY OF CRIMINAL PROCEDURE (IDENTIFICATION) ACT 2022 WITH SPECIAL REFERENCE TO HUMAN RIGHTS PERSPECTIVE

AUTHOR – ANKIT YADAV, LLM GRADUATE FROM AMITY UNIVERSITY LUCKNOW

BEST CITATION – ANKIT YADAV, AN ANALYTICAL STUDY OF CRIMINAL PROCEDURE (IDENTIFICATION) ACT 2022 WITH SPECIAL REFERENCE TO HUMAN RIGHTS PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1559-1593, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The Identification of Prisoner’s Act, 1920, which permitted police officials to take measures of those who were convicted, detained, or were awaiting trial within criminal cases, was replaced by Criminal Procedure (Identification) Act, 2022, which was approved by Parliament within April 2022. The Criminal Procedure (Identification) Act of 2022 allows police personnel legal authority to collect biological plus bodily samples from both suspects plus convicted criminals. police may gather information under Sections 53 plus 53A of CrPc (Code of Criminal Procedure) 1973.

SOCIO-ECONOMIC AND CULTURAL FACTORS AFFECTING MAINTENANCE RIGHT

AUTHOR – KAMATCHI P, LLM GRADUATE FROM CHENNAI DR. AMBEDKAR GOVT. LAW COLLEGE, PATTARAIPERUMBUDUR.

BEST CITATION – KAMATCHI P, SOCIO-ECONOMIC AND CULTURAL FACTORS AFFECTING MAINTENANCE RIGHT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1549-1558, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The financial assistance that one person gives to another when a relationship ends or because of legal duties is known as maintenance rights. These rights are impacted by a complex interaction of socioeconomic and cultural variables. The influence of several socio-economic factors on the enforcement and perception of maintenance rights is examined in this research. These factors include income inequality, job status, and economic stability. Furthermore, cultural norms and values such as gender roles, household responsibilities, and society expectations have a big impact on how maintenance agreements are implemented and accepted. The study illustrates the differences in maintenance rights enforcement between various socioeconomic strata and cultural situations by looking at these variables. The results emphasize that in order to guarantee equitable and efficient maintenance procedures, customized policy interventions that address both economic disparities and cultural sensitivity are required.

ANALYSIS OF REFUGEE LAWS WITH REFERENCE TO INTERNATIONAL CONVENTIONS

AUTHOR – SHASHWAT VIKRAM SINGH, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, LUCKNOW

BEST CITATION – SHASHWAT VIKRAM SINGH, ANALYSIS OF REFUGEE LAWS WITH REFERENCE TO INTERNATIONAL CONVENTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1540-1548, APIS – 3920 – 0001 & ISSN – 2583-2344

Refugee problem is a global problem. A continuous stream of humanitarian crisis has highlighted the plight of victims, also the threat, that large-scale population movements pose to regional security & stability. Millions of people are forced to flee or to leave their homes or places of residence. Many of these people cross international borders leaving their home country and become asylum seekers while others remain within their country but away from their habitual place or residence and become known as internally Displaced Persons (IDPs). Especially since WWI, the refugee situation has continued unabated and the number of refugees has increased at an alarming rate. The annual report of (for year 2008) the United Nations High Commissioner for Refugees (UNHCR) indicates that there are 42 million people who are uprooted in the World today.^[1] Amongst this staggering total of people of concern to the UNHCR are some 15.2 million refugees including 872,000 asylum seekers with pending cases.^[2] UNHCR further estimates that in 2008 some 839,000 individual applications were submitted for refugee status and that 9% of those claims were made at UNHCR offices.^[3]

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[1] UNHCR 2008 Global Trends : Refugees, Asylum seekers, Returnees, Internally Displaced and Stateless Persons, 16 June, 2009, p. 2, “2008 in Review – Statistics at a Glance”, www.unhcr.org/4a375c426.pdf.(accessed August 10, 2009) UNHCR.

[2] Ibid. Of the 15.2 million fall under the UNHCR’s mandate and some 4.7 million Palestinian refugees are the responsibility of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).

[3] UNHCR 2008 Globl Trends, op. cit. Of the 15.2 million fall under the UNHCR’s mandate and some 4.7 million Palestinian refugees are the responsibility of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).

BALANCING ADMINISTRATIVE DISCRETION WITH FUNDAMENTAL RIGHTS: AN ANALYSIS OF JUDICIAL REVIEW IN INDIA

AUTHOR – ANNLIYA ANIL, SCHOOL OF EXCELLENCE IN LAW, TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – ANNLIYA ANIL, BALANCING ADMINISTRATIVE DISCRETION WITH FUNDAMENTAL RIGHTS: AN ANALYSIS OF JUDICIAL REVIEW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1535-1541, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This article examines how India’s judicial review system strikes a balance between administrative discretion and the protection of fundamental rights. Further, it discusses the evolution of judicial review pre and post-independence. The development of judicial review in the Indian context is also covered, with special attention to important rulings that broadened the scope of the same. Additional case laws demonstrate how the judiciary uses its judicial review authority to hold administrative entities accountable.

However, there are several difficulties with the exercise of this function. It faces problems including judicial overreach, delay, and striking a balance between judicial activity and restraint. These difficulties raise questions concerning the judiciary’s role in the matters concerned and have an impact on administrative efficiency and governance.

The necessity of a fair judicial review process that upholds administrative authorities’ independence while guaranteeing the protection of fundamental rights is reiterated in the article’s conclusion. Enhancing judicial effectiveness and preserving constitutional harmony is again stressed in the conclusion for the effective working of the system.

KEYWORDS: Judicial Review, Administrative discretion, Developments, Judicial Activism