PRIVACY AND BIOMETRIC ENABLED NATIONAL ID CARD: A BRIEF COMPARATIVE CASE STUDY OF INDIA AND KENYA

AUTHOR – ASHUTOSH PRAKASH SHARMA, INDEPENDENT LEGAL RESEARCHER AND WRITER BASED IN AGRA, INDIA

BEST CITATION – ASHUTOSH PRAKASH SHARMA, PRIVACY AND BIOMETRIC ENABLED NATIONAL ID CARD: A BRIEF COMPARATIVE CASE STUDY OF INDIA AND KENYA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1535-1540, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This paper examines the constitutional validity, the statutory backdrop, and the legal administration backgrounds of the Aadhaar system in India and the Huduma Namba in Kenya. India’s Aadhaar system, regulated by the Aadhaar Act 2016, has recorded an enrollment of more than 1.3 billion citizens using their demographic and biometric information. The system being integrated as a mandatory requirement for accessing public services raised issues of privacy and proportionality that led to a significant hit on the requirement in the 2018 Supreme Court Judgment. Kenya’s Huduma system has faced a constitutional challenge prior to its implementation due to the High Court’s ruling that the government violated the need to have a data protection impact assessment shortly before its operative implementation. This paper explores the two countries’ aim to use the biometric IDs to enhance financial integration and drive off identity-based fraud while facing the reality that stringent privacy safeguards, consent necessitation, and surveillance control are critical in today’s digital identity era.

Keywords: Privacy, Data protection, Statutory interpretation, Proportionality test

LABOUR RIGHTS AND CHALLENGES IN A DYNAMIC EMPLOYMENT: FACILITATING REGULATORY ENVIRONMENT

AUTHOR – M. AZIMATHUL MARSHIYA, STUDENT AT LL.M BRANCH: LABOUR AND ADMINISTRATIVE LAW, CHENNAI DR. AMBEDKAR GOVT. LAW COLLEGE, PATTARAIPERUMBUDUR, THIRUVALLUR – 631203

BEST CITATION – M. AZIMATHUL MARSHIYA, LABOUR RIGHTS AND CHALLENGES IN A DYNAMIC EMPLOYMENT: FACILITATING REGULATORY ENVIRONMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1528-1534, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Workers play an important role in bringing the visionary ideas of innovators to life. The Declaration on Fundamental Principles and Rights at Work by the International Labour Organization (ILO) establishes essential labour rights, fostering a joint responsibility between member states and the ILO.  These rights are universally applicable, ensuring fair working conditions and treatment for all workers. They cover fair pay, workplace safety, the right to join unions, and protection against discrimination and exploitation. Additionally, they include Freedom of Association, Collective Bargaining, the Elimination of Forced Labour and Child Labour, and the Eradication of Employment Discrimination. Labour rights are the basic human rights which cannot be violated.

Despite these global rights, challenges persist. Informal employment, weak enforcement, and issues in global supply chains often lead to poor working conditions, especially in developing countries. In India, labour rights face significant hurdles despite extensive legal frameworks. The large informal sector, employing a substantial part of the workforce, frequently operates outside regulations, leading to labour welfare issues such as low pay, unsafe conditions, gender discrimination, poor industrial relations and a lack of social protection. Ineffective enforcement, monitoring, inadequate training and compliance mechanisms exacerbate the situation, allowing violations to persist. Advancements in automation and AI are challenging the labour force by displacing jobs, heightening job insecurity, and causing economic stress for workers.

Addressing these challenges requires a comprehensive approach. Strengthening legal frameworks, enhancing monitoring and compliance, improving enforcement and ensuring workers’ participation are essential steps. International Co-operation is also essential in upholding labour standards and protecting workers’ rights. Implementing these strategies will create a fair, safe, and equitable work environment for all workers, safeguarding their well-being and respecting their contributions to innovation and economic progress.

Keywords: Labour rights, International cooperation, compliance, legal frameworks, informal employment

UNMASKING DECEPTIVE SCHEMES: AN IN-DEPTH ANALYSIS OF INSURANCE FRAUD CASE STUDIES IN INDIA

AUTHOR – KARANDEEP SINGH, STUDENT AT CHANDIGARH UNIVERSITY

BEST CITATION – KARANDEEP SINGH, UNMASKING DECEPTIVE SCHEMES: AN IN-DEPTH ANALYSIS OF INSURANCE FRAUD CASE STUDIES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1519-1528, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Insurance fraud poses a significant challenge to the Indian insurance industry, affecting the insurers and policyholders alike as well as the economy by adding large sums of economic debt on the nation. This research paper presents a comprehensive examination of big billion dollars insurance fraud in India through a detailed analysis of very recent case studies. By scrutinizing real-world examples of insurance fraud, this study seeks to unveil the intricacies of deceptive schemes, the underlying motivations, and the modus operandi employed by fraudsters. The study leverages a diverse set of case studies encompassing various insurance domains, including life, health, property, and motor insurance, to provide a holistic perspective on the issue. Through a qualitative approach, the paper delves into the multifaceted nature of insurance fraud, identifying common patterns and distinctive characteristics that enable a better understanding of fraudulent activities. In conclusion, this study underscores the urgency of addressing insurance fraud penal mechanism and separate and specific legislation to combat insurance fraud in India and the need for collaborative efforts among insurers, regulators, and law enforcement agencies to develop proactive strategies for detection and prevention. By dissecting real-world case studies, this research aims to provide valuable insights that can contribute to the formulation of more robust anti-fraud measures and the safeguarding of the Indian insurance sector.

Keywords: Insurance, Fraud, Insurance Fraud Control Act, Case Studies, Multi crore scam, business, law

SEDITION LAWS: AN OBSTACLE TO FREEDOM OF SPEECH IN INDIA

AUTHOR – KIRTI YADAV, STUDENT AT SCHOOL OF LEGAL STUDIES, K R MANGALAM UNIVERSITY

BEST CITATION – KIRTI YADAV, SEDITION LAWS: AN OBSTACLE TO FREEDOM OF SPEECH IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1517-1524, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The right to free speech and expression has two sides: while it gives people enjoyment, it also forbids some actions that can be construed as abusing this fundamental and unalienable freedom. Any act or utterance that encourages people to hold anti-national opinions against a government or that is likely to disturb the stability or tranquillity of a nation is considered sedition. Seditious offenses carry a severe sentence of at least 7 years in jail, with the possibility of life in prison The provision became abused to the extent where the Court declared it to be ” similar to giving a carpenter a saw to chop some wood and he uses it to clear the complete forest[1].

The multifaceted connection among sedition laws and the inalienable right to free expression is examined in this research paper. The paper explores the legal foundations, historical background, and current issues that sedition laws present to the right to free expression. Through a critical analysis of seminal cases, court interpretations, and the dynamic nature of these laws, it illuminates the fine balance that must be struck between protecting individual liberty and national security concerns.

Keywords: Sedition laws, Democracy, Freedom of speech

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[1] Kishorechandra Wangkhemcha & Anr Vs. Union of India W.P.(Crl.) No.106/2021

TRIAL BY MEDIA : A WAR ON DEMOCRACY AND RIGHTS

AUTHOR – RAHUMATH, STUDENT AT AMITY UNIVERSITY NOIDA, LLM STUDENT

BEST CITATION – RAHUMATH, TRIAL BY MEDIA : A WAR ON DEMOCRACY AND RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1512-1516, APIS – 3920 – 0001 & ISSN – 2583-2344

INTRODUCTION

Media has always been considered the watchdog of the society. Every system of government must have a free and fair media. In a huge and diverse democracy like India, it is critical that the media operates free of bias and prejudice, as the media also serves as the Opposition. The media is essentially the backbone of Indian democracy. The origins of media can be traced back to the Indian Nationalist Movement. Since those times, the media has played an important role in ensuring citizens’ rights and liberties. Aside from these crucial duties, the media has evolved into a much-needed agent of change in society. Over the years, the media has played an important role in shaping public opinion. However, in recent years, the media has stepped outside its purview and into the sphere of the judiciary, conducting parallel trials with the courts. The media has taken up the function of a public court that does not recognise the concepts of “innocent until proven guilty” and “guilty beyond a reasonable doubt.” Media trials typically begin even before the courts can hear the case, in which the media investigates the topic on its own and broadcasts it in such a way that the public creates an opinion against or for the accused prior to the real trial. These acts have a negative impact on the actual trial, resulting in an infringement of the accused’s right to a fair trial. Although the media has been praised for raising awareness over the last decade, they have also been chastised for their excessive coverage of certain issues, particularly those involving famous figures.

UNIFORM CIVIL CODE: NEEDS AND LIMITATIONS IN A MULTI-RELIGIOUS SOCIETY

AUTHOR – HARSHVARDHAN SINGH KHICHI, STUDENT AT NMIMS UNIVERSITY

BEST CITATION – HARSHVARDHAN SINGH KHICHI, UNIFORM CIVIL CODE: NEEDS AND LIMITATIONS IN A MULTI-RELIGIOUS SOCIETY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1507-1511, APIS – 3920 – 0001 & ISSN – 2583-2344

INTRODUCTION

India claims to be a secular country. The Uniform Civil Code (hereinafter “the Code”) has been embedded in Article 44 of the Indian Constitution, 1950 as a non-justiciable Directive Principle of State Policy. Even though almost 70 years have passed such a law is yet to be implemented in the country. Postcolonial India’s Uniform Civil Code’s idea seemed to follow the West incorporating a new revitalizing civilizing mission, a loud and clear call for unified nation-building and the attainment of legal modernity through top-down state-driven secularizing reforms.^[1] This was of course met with excitement and a positive appraisal from the Eurocentric and Europhilic modernists from around the globe. But from less than half a century later and to date there has been the birth of many state laws but no Uniform Civil Code. The present write-up concentrates on the crucial changes that have taken place in the religious legal system concerning the Code. It shall also discuss the needs and limitations of the Code in the religious Cext.

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^[1]  Werner Menski, The Uniform Civil Code Debate in Indian Law: New Developments and Changing Agenda, 9 GERMAN L.J. 211 (2008).

PHARMACEUTICAL PATENTING IN INDIA: AN ASSESSMENT IN REFERENCE TO PUBLIC ACCESS TO HEALTH

AUTHORS – MR. VAIBHAV VOHRA* & PROF. (DR.) HARSHITA SINGH**, STUDENT* AND ASSISTANT PROFESSOR** AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – MR. VAIBHAV VOHRA & PROF. (DR.) HARSHITA SINGH, PHARMACEUTICAL PATENTING IN INDIA: AN ASSESSMENT IN REFERENCE TO PUBLIC ACCESS TO HEALTH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1496-1506, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Public health, innovation, and access to necessary medications are all significantly impacted by the complex environment that arises when intellectual property rights (IPR) and healthcare, particularly in the medical field. With a focus on the pharmaceutical industry and the obstacles it presents to equitable healthcare access, this paper explores the complex dynamics of intellectual property rights (IPR) in the healthcare sector. This research assesses how intellectual property rights (IPRs) protect healthcare innovation, costs, and the development of new medications and medical technologies by consulting a wide range of published works. It looks at how intellectual property rights, human rights, and the right to health are intertwined and highlights how crucial it is to strike a balance between incentives for innovation and public health requirements. Research also looks at how international agreements like the TRIPS Agreement influence intellectual property rights frameworks and how that affects people’s ability to obtain medications, especially in low- and middle-income nations. Furthermore, the study addresses a range of tactics and programs, such as technology transfer mechanisms, voluntary licensing agreements, and the contribution of entrepreneurial innovation, that attempt to mitigate the obstacles that intellectual property rights (IPR) present to the availability of essential medications. Ultimately, the research highlights the pressing requirement for a comprehensive strategy that gives public health issues top priority, encourages innovation, and guarantees everyone has fair access to healthcare.

KEYWORDS – Pharmaceuticals, Patent protection, Medication, Exclusive rights, Intellectual Property Rights

THE INTERPRETATION AND IMPLEMENTATION OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO) ACT, 2012

AUTHOR – MISHA SINHA, STUDENT AT AMITY UNIVERSITY

BEST CITATION – MISHA SINHA, THE INTERPRETATION AND IMPLEMENTATION OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO) ACT, 2012, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1491-1495, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Children are the nation’s greatest human resource, and their well-being health, education, safety, happiness, and access to opportunities is a barometer of the socio-economic progress of the nation. The article begins with outlining the POCSO Act and its goals, which was introduced in 2012 in response to an increase in crimes against children. The protection of children from sexual offences (POCSO) legislation was passed by the Union Cabinet on April 21, 2018, in response to a spate of horrible child rapes. This law stipulates that anyone found guilty of raping a minor who is 12 years old or younger will be executed. Without a doubt, POCSO 2012 has significantly helped to address the child sexual abuse issue in India. It has recognized and made illegal several inappropriate sexual activities that endanger children. The law has significantly contributed to educating the public, sensitizing the criminal judicial system, and making the reporting of CSA (child sexual abuse) acceptable and mandatory, as seen by the fast-rising number of reported cases. The law is highly detailed and contains some unusual aspects. However, three key concerns that were noted in the letter and spirit of the law could make its implementation in the Indian setting problematic. The problems are rigidity in the age of consent for sex with those under the age of eighteen, mandatory reporting requirements, and the impreciseness of age determination. Additionally, POCSO 2012 and the Prohibition of Child Weddings Act 2006, which expresses the government of India’s desire to outlaw child weddings and protect vulnerable children, should deter underage marriages. However, given the issues mentioned above and, in a setting, where social and cultural norms continue to tolerate, if not actively promote, child marriages the possibility of resource waste and loss cannot be discounted.

NEED OF PATERNITY BENEFIT LAW IN INDIA – ANALYTICAL STUDY

AUTHOR – AZIMATHUL MARSHIYA. M, LLM – LABOUR LAW AND ADMINISTRATIVE LAW, CHENNAI DR. AMBEDKAR GOVERNMENT LAW COLLEGE, PATTARAIPERUMBUDHUR

ISBN NO – 978-81-968842-5-3

Verify Here – https://isbn.gov.in/Home/SearchIsbnNew

UNDER THE GUIDANCE AND SUPERVISION OF

PROF. DR. N. KAYALVIZHI.M.A., M.L., PH.D.

PRINCIPAL, CHENNAI DR. AMBEDKAR GOVERNMENT LAW COLLEGE, PATTARAIPERUMBUDHUR

INTRODUCTION

1.1.               THE PERSPECTIVE:

“One who gives birth, one who initiates, one who imparts knowledge, one who provides food and protects from fear – these five are considered as fathers”

– Neeti Sastra[1]

Most people’s biggest investments in life are their occupations and their families. Both of these realms, earning and caring, are characterized by their specific requirements and agendas. Each realm has a specific set of obligations, requirements, tasks, commitments, and positions that might compete for limited time and energy. Work-family relationships are bidirectional. In other words, both family and job can effect in each other, resulting in work- family conflict. Conflicting job and family duties can negatively impact both a man’s family and career. Work-family divergent can lead to marital issues, diminished life satisfaction, increased stress, anxiety, depression and perceived lower quality of life. The birth or adoption of a child is an important adjustment for parents between their work and family life. When a child born, he or she needs extraordinary attention, care, nurturing and bonding from the parents. “Parents”[2], are the combination of both father and mother who raise their child or children.

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[1] Neeti Sastra, Chapter 1, Verse 13.

[2] Parent, Cambridge Dictionary, https://dictionary.cambridge.org/dictionary/english/parent (last accessed Apr.2, 2024)

EXAMINING THE IMPACT OF MULTI-NATIONAL CORPORATIONS ON INTERNATIONAL LAW

AUTHORS – VANSH CHADHA & CHERRY SINGHAL, STUDENTS AT HIMACHAL PRADESH NATIONAL LAW UNIVERSITY

BEST CITATION – VANSH CHADHA & CHERRY SINGHAL, EXAMINING THE IMPACT OF MULTI-NATIONAL CORPORATIONS ON INTERNATIONAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1423-1431, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The subject of Multi-National Corporations (MNCs) within the framework of international law has become increasingly significant in today’s globalised world. Multinational corporations are major global economic players, with their economic influence extending worldwide. This economic power can grant them significant leverage over the governments of the countries in which they operate, as the income generated by these corporations often plays a crucial role in those countries’ economies. Additionally, the actions of multinational corporations can impact a country’s legal framework and potentially lead to violations of international law, which may be observed by multiple countries. The influence of multinational corporations can have both positive and negative effects on the host state.

In cases where multinational corporations have a negative impact that results in a breach of either national or international law, the responsible party must face penalties. The entity held accountable for its actions, with associated rights and obligations, is referred to as a legal subject. In the realm of international law, when violations occur, the entity at fault is designated as a subject of international law. These violations may arise from conflicts between legal subjects and can involve various legal subjects.

Multinational corporations are considered subjects of international law and thus also have a significant impact on international law. In such instances, multinational corporations can both violate international law and take legal action in response, which is related to other subjects of international law. This is especially prominent in the financial sector, where multinational corporations often enter into agreements, particularly those related to financial matters.

Keywords: Multi-National Corporations, International Law, Legal Personality, Human Rights.