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A STUDY ON EFFECTIVENESS OF POCSO ACT ON CHILD RAPE WITH SPECIAL REFERENCE TO CHENNAI

AUTHOR – SAMYUKTHA GANESAN, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCE (SIMATS)

BEST CITATION – SAMYUKTHA GANESAN, A STUDY ON EFFECTIVENESS OF POCSO ACT ON CHILD RAPE WITH SPECIAL REFERENCE TO CHENNAI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1134-1151, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Protection of Children from Sexual Offences (POCSO) Act, implemented in India in 2012, aimed to provide robust legal protection to children against sexual abuse and exploitation, including child rape. This research paper critically examines the effectiveness of the POCSO Act in addressing the pervasive issue of child rape within the Indian context.Furthermore, this research examines the role of various stakeholders, including law enforcement agencies, judiciary, government bodies, NGOs, and civil society, in the effective implementation of the POCSO Act. It identifies best practices and areas for improvement to enhance the protection of children from sexual offences, particularly child rape, in alignment with international standards and human rights principles. This study contributes to the ongoing discourse on child protection and offers recommendations for policy reforms, institutional strengthening, community engagement, and public awareness campaigns to create a safer environment for children and combat the scourge of child rape effectively. The research method followed is descriptive research. The data is collected through a questionnaire and the sample size is 207. Convenience sampling method is adopted in the study to collect the data . The samples were collected from the general public with special reference to the Chennai region.The primary discovery of the study indicates that integrating educational programs within schools is recommended to bolster the efficacy of the POCSO Act in preventing and tackling child sexual abuse. Criticisms directed at the POCSO Act concerning its handling of child rape cases include the absence of child-friendly procedures and delays in trial proceedings.A significant portion of the population acknowledges that sufficient support services for victims of child sexual abuse in Tamil Nadu are lacking, and the effectiveness of awareness campaigns on the POCSO Act in Tamil Nadu in educating the public is recognized. However, there is a general lack of familiarity with the provisions of the POCSO Act among the populace.People should be informed about the POCSO Act and work towards reducing the incidence of child rape in India.

Keywords: Sexual offences, children, child rape, child friendly procedures,victims and campaigns.

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PUBLIC OPINION ON THE IMPACT OF MANDATORY MINIMUM SENTENCING ON THE CRIMINAL JUSTICE SYSTEM. A CASE STUDY OF CHENNAI

AUTHOR – R.GOHULATHARANI STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCE (SIMATS)

BEST CITATION – R.GOHULATHARANI, PUBLIC OPINION ON THE IMPACT OF MANDATORY MINIMUM SENTENCING ON THE CRIMINAL JUSTICE SYSTEM. A CASE STUDY OF CHENNAI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1116-1132, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Introduction: Mandatory minimum sentencing laws have been a contentious aspect of the United States criminal justice system since their widespread implementation in the 1980s. These laws require judges to impose a specified minimum prison sentence for certain crimes, regardless of mitigating factors.: This study aims to evaluate the comprehensive impact of mandatory minimum sentencing laws on various aspects of the criminal justice system, including incarceration rates, racial disparities, recidivism, and overall system costs.Findings:Incarceration rates have significantly increased in jurisdictions with strict mandatory minimum laws ,Racial disparities in sentencing have been exacerbated, with minorities disproportionately affected.The laws have shifted discretionary power from judges to prosecutors.Recidivism rates have not shown significant improvement compared to jurisdictions without such laws.The financial burden on the criminal justice system has increased substantially due to longer prison terms. The study concludes that while mandatory minimum sentencing laws have led to longer prison terms, they have also contributed to unintended consequences such as increased racial disparities and system costs. The findings suggest a pressing need for policymakers to reevaluate mandatory minimum sentencing laws. Potential reforms could include increasing judicial discretion, expanding alternatives to incarceration for non-violent offences, and implementing more nuanced sentencing guidelines that consider individual circumstances and rehabilitation potential.

KEYWORDS:Mandatory minimum sentencing , Criminal justice system , Judicial discretion, racial disparities

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INTERPRETATIVE ANALYSIS OF THE CONCEPT OF PROPOSAL AS UNDER SECTION 2(A) OF THE INDIAN CONTRACT ACT, 1872

AUTHOR – SRINJOY MITRA, STUDENT AT SYMBIOSIS LAW SCHOOL, PUNE

BEST CITATION – SRINJOY MITRA, INTERPRETATIVE ANALYSIS OF THE CONCEPT OF PROPOSAL AS UNDER SECTION 2(A) OF THE INDIAN CONTRACT ACT, 1872, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1111-1115, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This article provides an interpretative analysis of the concept of “proposal” under Section 2(a) of the Indian Contract Act, 1872. It explores the statutory definition of a contract as an enforceable agreement and examines the essentials of a valid proposal, including communication, intent to create legal relations, and clarity of terms. The article highlights additional essentials derived from case law, such as the need for unconditional and absolute assent, prescribed communication methods, and timely acceptance.

The analysis identifies shortcomings in the statutory definition, such as the lack of explicit requirements for unconditional assent, communication methods, and time constraints. A revised definition is proposed to enhance legal clarity and precision. By examining case laws and theoretical foundations, the article aims to refine the statutory definition and facilitate clearer judicial interpretations, ultimately providing a more robust framework for contractual agreements.

Keywords:  Indian Contract Act, proposal, offer, contract, legal enforceability, Section 2(a), essentials of a valid offer, case law analysis, statutory interpretation, judicial clarity.

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PUBLIC OPINION ON HEALTH IMPACT OF DUMPING URBAN SOLID WASTE IN TONDIARPET

AUTHOR – N.B. NITHYA SRI, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCE (SIMATS)

BEST CITATION – N.B. NITHYA SRI, PUBLIC OPINION ON HEALTH IMPACT OF DUMPING URBAN SOLID WASTE IN TONDIARPET, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1094-1110, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The extreme growth of population combined with an increased appetite for consumer goods,has led to an explosion in the amount of garbage we produce.This gave rise to dumpsites were garbage are collected in a pile as it is one of the easiest way to dispose dry refuse.This research aims to identify the public opinion on health impacts of dumping urban solid waste in Tondiarpet . Secondary data from review of literature and primary data from 200 samples collected through questionnaires has been utilized to conduct this research. The study has found that dumping of urban solid waste has a great impact on health and environment and people living near the dumpsites are affected more than far away residents.

KEYWORDS: dumping, urban solid waste, health, dumpsite, pollution

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AN EMPIRICAL STUDY ON INVESTIGATING THE ENVIRONMENTAL CONSEQUENCES OF BOTTLED WATER CONSUMPTION IN CHENNAI

AUTHOR – NANDHU.B, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCE (SIMATS).

BEST CITATION – NANDHU.B, AN EMPIRICAL STUDY ON INVESTIGATING THE ENVIRONMENTAL CONSEQUENCES OF BOTTLED WATER CONSUMPTION IN CHENNAI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1075-1093, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:

Bottled water consumption is increasing worldwide, offering convenience and purity to consumers. However, this convenience has a serious impact on the environment. This overview provides an overview of the environmental impact of bottled water, focusing on the impact of plastic bottle production, waste generation, and pollution. Plastic bottles, commonly used for water packaging, are a major contributor to the growing plastic waste crisis. Its production consumes valuable resources and emits greenhouse gases, and its disposal often leads to pollution of terrestrial and marine ecosystems. This brief also discusses the role of government policy, corporate responsibility, and individual choice in mitigating these impacts. This highlights the growing need to move towards sustainable alternatives, increase recycling efforts and increase awareness of the environmental impact of bottled water. By recognizing the challenges posed by bottled water, society can work together to minimise environmental impact and promote a more sustainable future.

KEYWORDS:Bottled water, government initiatives, waste management, impacts, human health.

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FEMALE FOETICIDE: A CRY STILL UNHEARD

AUTHOR – SIMRAN VERMA, STUDENT AT DELHI METROPOLITAN EDUCATION

BEST CITATION – SIMRAN VERMA, FEMALE FOETICIDE: A CRY STILL UNHEARD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1072-1074, APIS – 3920 – 0001 & ISSN – 2583-2344.  

“Nowhere in the world can you find a place as safe as this”, said God to her. The very next day she was killed in her mother’s womb. Still practiced succeeding to the imposition of laws, Female Foeticide is a symptom of an underlying malady concerning the abortion of a girl child after getting acquainted with the sex of foetus. With families perceiving the birth of a daughter as an occasion with no social advantages and economic sense, and gender biasness towards a male child, India today is still reckoned with increasing cases of such a heinous act towards a girl child.

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AN EMPIRICAL RESEARCH ON THE ROLE OF MEDIA IN VICTIMIZATION OF PEOPLE WITH SPECIAL REFERENCE TO CHENNAI.

AUTHOR – T.VARSHA, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTES OF MEDICAL AND TECHNICAL SCIENCES (SIMATS)

BEST CITATION – T.VARSHA, AN EMPIRICAL RESEARCH ON THE ROLE OF MEDIA IN VICTIMIZATION OF PEOPLE WITH SPECIAL REFERENCE TO CHENNAI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1062-1071, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The media plays a profound role in shaping societal perceptions, often influencing how individuals are portrayed and perceived, particularly in instances of victimization. This abstract examines the multifaceted ways in which media contributes to the victimization of people. Through a critical analysis of literature, this abstract explores the mechanisms by which media representation can exacerbate the suffering of victims, perpetuate stereotypes, and fuel social stigma.The abstract delves into the power dynamics within media structures, highlighting how editorial decisions, sensationalism, and selective reporting can distort narratives, leading to the re-victimization of individuals already traumatized by their experiences. Furthermore, it addresses the role of digital media and social networking platforms, which can amplify the spread of misinformation, cyberbullying, and online harassment, intensifying the victimization of vulnerable populations.Moreover, this abstract elucidates the psychological implications of media portrayal on victims, emphasizing the potential for retraumatization, self-stigmatization, and diminished self-esteem. It also examines the societal repercussions, such as the reinforcement of harmful stereotypes, victim-blaming attitudes, and the normalization of violence, which can further marginalize individuals and impede their access to justice and support.Lastly, this abstract explores potential strategies for mitigating the negative impact of media on victimization. It advocates for responsible journalism, ethical reporting practices, and the promotion of diverse and inclusive narratives that empower victims and challenge prevailing stereotypes.

Keywords: Media, Victimization, Representation, Stereotypes, Re-victimization, Social Stigma.

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A STUDY ON DOWRY DEATH WITH SPECIAL REFERENCE TO CHENNAI

AUTHOR – SURESH.C, STUDENT AT SASTRA SCHOOL OF LAW, SASTRA UNIVERSITY.

BEST CITATION – SURESH.C, A STUDY ON DOWRY DEATH WITH SPECIAL REFERENCE TO CHENNAI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1051-1061, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Dowry deaths, a tragic outcome of gender-based violence, persist in societies where traditional gender norms prevail. This abstract addresses their prevalence, rooted in disputes over dowry payments, and the complex web of contributing factors, including patriarchal norms, economic disparities, and the commodification of women in marriage negotiations. Dowry deaths have far-reaching consequences, necessitating comprehensive legal reforms, awareness campaigns, and robust social support systems to combat this grave societal concern. A collective effort involving governments and civil society is imperative to eradicate dowry deaths and promote gender equality. The main objective is to know the public opinion on dowry death and its effects. The methodology mainly used is the descriptive method. 71.64% people knew about dowry death and 28.36% people did not know about dowry death. 20.90% people agree that dowry death occurs mainly because of excessive dowry demands. This research helps us to understand that people still believe dowry practice exists in the society even though various laws have been imposed by the government.

KEYWORDS: Dowry deaths, gender-based violence, traditional gender norms, disputes, patriarchal norms, economic disparities, commodification, marriage negotiations, legal reforms, awareness campaigns, social support systems, public opinion, descriptive method, excessive dowry demands, government laws, societal beliefs, gender equality.

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LEGAL ANALYSIS OF GST OFFENCES IN THE TELECOMMUNICATION SECTOR IN INDIA

AUTHOR – SUBHA SREE.E, STUDENT SAVEETHA SCHOOL OF LAW, CHENNAI

BEST CITATION – SUBHA SREE.E, LEGAL ANALYSIS OF GST OFFENCES IN THE TELECOMMUNICATION SECTOR IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1035-1050, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

This study offers a thorough legal analysis of Goods and Services Tax (GST) offences within India’s telecommunication sector, addressing the sector’s complex regulatory and compliance environment. The telecommunication industry, characterised by its rapid technological evolution and intricate service structures, presents unique challenges in GST administration. The research examines various issues contributing to GST offences, including misclassification of services, discrepancies between reported revenues and actual GST filings, and the accurate calculation of input tax credits. It provides a detailed assessment of the existing regulatory frameworks and enforcement mechanisms, identifying significant gaps and inefficiencies in audit practices and compliance monitoring. It  highlights that the sector’s diverse service offerings and bundled packages often lead to confusion and errors in GST reporting. It also explores the frequent misreporting of revenues and challenges in accurately claiming input tax credits due to the sector’s complex pricing models and service bundles. By evaluating current enforcement strategies, the study reveals that existing measures may fall short in addressing the nuances of telecommunication services, suggesting that improvements are needed in both regulatory guidelines and enforcement practices. Technological advancements are identified as a key area for potential improvement. The study advocates for the adoption of automated compliance tools, data analytics, and blockchain technology to enhance accuracy in GST reporting and streamline audit processes. These technologies can provide more robust mechanisms for detecting discrepancies and ensuring compliance, thereby reducing the incidence of GST offences.

Keywords: GST offences, telecommunication sector, legal analysis, tax compliance, regulatory frameworks

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FROM TOXIC TRASH TO SUSTAINABLE PRACTICES: THE ROLE OF REGULATION IN E-WASTE MANAGEMENT

AUTHOR – HRISHABH PATHAK, STUDENT AT LAW COLLEGE DEHRADUN FACULTY OF  UTTARANCHAL UNIVERSITY, DEHRADUN

BEST CITATION – HRISHABH PATHAK, FROM TOXIC TRASH TO SUSTAINABLE PRACTICES: THE ROLE OF REGULATION IN E-WASTE MANAGEMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1028-1034, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The protection of public health and the advancement of sustainable development depend on the right to a healthy environment, which is becoming more widely acknowledged as a fundamental human right. Effective environmental management techniques, such as the control of electronic waste, or “e-waste,” are intrinsically tied to this right. One of the waste streams with the greatest rate of growth in the world is e-waste, which is caused by the rapid obsolescence and widespread use of electronic gadgets.