A STUDY ON THE IMPACT OF 2016- DEMONETIZATION IN INDIA

AUTHOR – SARNITHA BALASUBRAMANIAN, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), SAVEETHA UNIVERSITY, Chennai.

BEST CITATION – SARNITHA BALASUBRAMANIAN, A STUDY ON THE IMPACT OF 2016- DEMONETIZATION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 507-518, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Demonetisation is the process of taking away/ceasing the legal tender rights or the status of any unit of currency. The currency has been demonetised thrice in India – the first was on January 12th, 1946; second on 16th of January, 1978 and third on 8th November, 2016. One promising result has been a dramatic increase in top line sales for India’s ecommerce and digital payment companies. Other countries where demonetisation were successful are Pakistan in 2016; Zimbabwe in 2015 and Australia to flush black money and for security purposes replaced with polymer banknotes. Empirical research was adopted with 214 responses. The respondents were collected through simple convenient sampling of primary sources from family, friends and relatives and secondary source of data was collected from magazines, articles and journals. The statistical tools used are graphs and correlation. Demonetisation led to cash shortage in the country where the most impacted sectors were agriculture; real estate; tourism as it has created chaos and frenziness in the day to day activities of indian citizens. Banking sector had the most positive impact and the exception was the healthcare sector. Some suggestions were to encourage small and backward sectors towards online transactions.

KEYWORDS – Demonetization, Digital Transaction, Indian Economy, E-Banking, Black Money

TELEMEDICINE LEGAL FRONTIERS :A COMPREHENSIVE ANALYSIS

AUTHOR – SHAMBHAVIE SAURABH* & AMALENDU MISHRA**, STUDENT* & ASSISTANT PROFESSOR** AT LAW COLLEGE DEHRADUN.

BEST CITATION – SHAMBHAVIE SAURABH & AMALENDU MISHRA, TELEMEDICINE LEGAL FRONTIERS :A COMPREHENSIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 441-496, APIS – 3920 – 0001 & ISSN – 2583-2344.

PREFACE

This dissertation explores the evolution of legal frameworks concerning remote healthcare. While telemedicine can be seen as the provision of medical services from afar—a concept dating back to the invention of the telegraph and telephone in the late 19th century—modern advancements in telecommunications in the 21st century have drastically transformed the practice of delivering healthcare remotely.

The preface of this dissertation seeks to serve as a gateway, offering the reader a comprehensive overview and engendering an appreciation for the depth and breadth of the research undertaken. At its core, this work is motivated by the profound implications’ telemedicine holds for bridging healthcare disparities, spurred on by the global health exigencies unveiled by the COVID-19 pandemic. This exigency, coupled with India’s unique position as a burgeoning digital superpower grappling with vast healthcare delivery challenges, forms the crucible within which this dissertation was conceived.

Chapter 1 starts with a look at definitions of Telemedicine, alternative definitions of telemedicine and why they have arisen. The chapter further explains the meaning of telemedicine and provides a historical account of development of telemedicine. The chapter focuses on the typology, objectives, scope, benefits and limitations of telemedicine.

Chapter 2 embarks on a deep dive into the regulatory and legal landscape that frames telemedicine in India, elucidating the complex interplay of policies, guidelines, and statutory mandates that govern its practice. This chapter gives historical genesis of telemedicine in India, highlights the role of MOHFW and Niti Ayog. This chapter also delves into the accountability of digital Health records and E-Pharmacy regulations.

Chapter 3 adopts a comparative lens, exploring telemedicine’s regulatory frameworks across different global jurisdictions. This comparative analysis not only highlights the diversity of regulatory approaches but also underscores common challenges and best practices, offering valuable insights for policymakers and practitioners alike.

Chapter 4 of the dissertation navigates the critical issues of privacy, and data protection, this discourse is pivotal, given the paramount importance of trust and confidentiality in healthcare delivery systems. The Chapter also tackles the nuanced considerations of medical negligence, liability in telemedicine, and the consumer protection mechanisms in telemedicine critically analysing how traditional legal doctrines intersect with the novel context of digital health.

Concluding the dissertation, the Chapter 5 synthesizes the research findings, offering a reflective analysis of the implications for telemedicine in India and beyond. It proposes forward-looking recommendations aimed at enhancing telemedicine’s role in healthcare delivery, advocating for policy reforms, technological innovation, and ethical practices that prioritize patient welfare.

This dissertation seeks to provide a comprehensive understanding of the principal characteristics of telemedicine, along with the complexities associated with its development and utilization. By conducting an in-depth analysis, it aims to contribute meaningfully to the evolving discourse on the legal facets of telemedicine. The study endeavours to equip the reader with a thorough grasp of the subject while offering an extensive literature review that delves into detailed discussions presented within the text. To support the analysis, references are primarily drawn from primary legal sources, peer-reviewed journal articles, and authoritative textbooks. This preface invites readers to explore the transformative possibilities of telemedicine, grounded in a profound comprehension of its legal, ethical, and operational aspects. The researcher aims to engage and draw readers into the core of the dissertation, setting the stage for a journey that promises to be both enlightening and thought-provoking.

ROLE AND IMPORTANCE OF INTELLECTUAL PROPERTY RIGHTS IN THE GROWTH AND SUSTAINABILITY OF STARTUPS

AUTHOR – ISHAAN SHERGILL JACOB, STUDENT AT NARSEE MONJEE INSTITUTE OF MANAGEMENT STUDIES

BEST CITATION – ISHAAN SHERGILL JACOB, ROLE AND IMPORTANCE OF INTELLECTUAL PROPERTY RIGHTS IN THE GROWTH AND SUSTAINABILITY OF STARTUPS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 434-440, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Intellectual property rights (IPR) are crucial for businesses to increase technological competitiveness. For start-ups, often with limited resources, IPR protection in India and abroad is crucial for sustainable growth and innovation. The Startup Intellectual Property Protection (SIPP) program helps startups obtain patents, trademarks and designs. IPRs ensure that inventors can patent their creations, preventing unauthorized use and ensuring economic benefits. The registration process involves several steps: submitting an application with required signatures and a statement describing the specifics of the invention, followed by preliminary identification screening by experts any deficiencies. Proper registration provides exclusive rights to the inventor, providing legal protection for creative work and innovation. This is in accordance with Article 27 of the Universal Declaration of Human Rights, which emphasizes the protection of the material and moral interests arising from the scientific, literary and artistic creations of the individual.

Keywords: Intellectual Property Rights (IPRs), Startups, SIPP scheme, Patents, Trademarks, Industrial designs, Innovation protection

DISPUTE RESOLUTION UNDER SECTION 25 OF THE UTTAR PRADESH SOCIETY REGISTRATION ACT, 1860

AUTHOR – SIDDHARTHA MISHRA, ADVOCATE AT ALLAHABAD HIGH COURT

BEST CITATION – SIDDHARTHA MISHRA, DISPUTE RESOLUTION UNDER SECTION 25 OF THE UTTAR PRADESH SOCIETY REGISTRATION ACT, 1860, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 430-433, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Uttar Pradesh Society Registration Act, 1860, provides a statutory framework for registering, administrating, and regulating societies in Uttar Pradesh. Disputes often arise within societies, particularly concerning the election and continuity of office bearers, which can disrupt governance and functionality. Section 25 of the Act establishes mechanisms for resolving such disputes, outlining the roles of various authorities and procedural requirements. This research paper explores the legal provisions, procedural aspects, judicial interpretations, challenges, and recommendations related to dispute resolution under Section 25. It aims to provide a comprehensive understanding and analysis of its implications on society’s governance

FROM SOCCER KITS TO DESIGNER FITS: HOW INTELLECTUAL PROPERTY RIGHTS INFLUENCE REAL MADRID’S FASHION LINE

AUTHORS – ARNAV NEHRA, ARYAN THAKUR* & ANANYAA VARMA

*STUDENTS AT O.P JINDAL GLOBAL UNIVERSITY

** STUDENTS AT BENNETT UNIVERSITY (TIMES OF INDIA GROUP)

BEST CITATION – ARNAV NEHRA, ARYAN THAKUR* & ANANYAA VARMA, FROM SOCCER KITS TO DESIGNER FITS: HOW INTELLECTUAL PROPERTY RIGHTS INFLUENCE REAL MADRID’S FASHION LINE INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 389-393, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In the present era of sports and fashion, the intersection of these two areas have resulted in important as well as prominent legal considerations, specially pertaining the jurisdiction of intellectual property rights. Notably, celebrity endorsements have not failed to capture the attention of the crowd and mark its presence in major corporate dealings. Real Madrid, one of the world’s most legendary football clubs, has made significant advances into the fashion business in addition to dominating sports.

Image rights management is a major legal challenge in celebrity endorsements. Real Madrid players’ image and likeness carry significant commercial value due to their high profile and global familiarity. Image rights agreements are rigorously structured to guarantee that athletes retain control over how their images are used commercially, notably in fashion endorsements. These agreements usually specify the extent of usage, length, geographical location, and monetary compensation. The complexities of such contracts are critical in protecting the interests of both the player and the club, ensuring that the image is not used in a way that could harm reputations or conflict with other endorsements. This article aims to explore the legal aspects of celebrity endorsements, focusing on Real Madrid players as fashion symbols. The relationship between sports celebrities and fashion labels is mutually beneficial; while sportsmen build their personal brands and income streams, fashion companies use the athletes’ fame to increase their market presence and brand value.

A STUDY ON IMPACT OF INFORMATION TECHNOLOGY ON HUMAN RIGHTS IN REFERENCE TO PRIVACY ISSUES

AUTHORS – MS. SWATI RAI & MS. SANMATI RATHORE, ASSISTANT PROFESSORS AT DEPARTMENT OF LAW, PIMR, INDORE

BEST CITATION – MS. SWATI RAI & MS. SANMATI RATHORE, A STUDY ON IMPACT OF INFORMATION TECHNOLOGY ON HUMAN RIGHTS IN REFERENCE TO PRIVACY ISSUES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 350-357, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Technology is rapidly growing at a good pace and thereby contributing to the world’s development. Technology has made our life a lot better, easier and comfortable. What we shut our eyes to, is to the daunting figures associated with human rights abuse with respect to the technological advancements pertaining to privacy and cybercrimes. The interplay of the development and human rights especially in the domain of privacy has become a focal point of societal discourse. This study emphasizes the multifaceted influence on right to privacy by IT. The article shall elucidate both boons and associated challenges in the contemporary world arising due to the high tech world. The advancements have undeniably enhanced the global connectivity and reach, which has brought revolution in other areas like education, healthcare, business etc. However, the threats with respect to personal data privacy have escalated with proliferation of these IT driven platforms. This research study details the importance of privacy in light of technological advancement. Further, this article delves into the legislative and judicial journey of India towards stringency of privacy laws and the new legislations enacted towards securing the said right. The study further throws light on the various international human rights instruments that focuses on upholding the right of privacy as one of the distinguished human right.

Key Words– Artificial Intelligence; Human Rights; Information Technology; Internet; Privacy

UNIFORM CIVIL CODE; THE FUTURE RELIGION OF INDIA – ASSESSING ITS IMPACTS AND CHALLENGES

AUTHOR- KASHISH KHANNA, STUDENT AT IILM UNIVERSITY, GURUGRAM

BEST CITATION – KASHISH KHANNA, UNIFORM CIVIL CODE; THE FUTURE RELIGION OF INDIA – ASSESSING ITS IMPACTS AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 358-361, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

“The State shall endeavor to secure the citizen a Uniform Civil Code throughout the territory of    India”, as stated in Article 44 of the Indian Constitution. Article 44, a DPSP (directive principle of state policy) was introduced in our constitution with a purpose behind it. The aims along which UCC runs were not merely meant to eradicate personal laws but also to serve a larger purpose for a secular country with uniformly aligned laws and to cull out social evils like child marriage (that arise from religious aspects) from the nation. How will UCC protect against child marriage when there is already an act in place for it? Is UCC already implemented in some parts of India? What are the opinions of the critics? What shall be the pre estimated pros and cons of a countrywide UCC in India? What are the measures that must be taken to achieve an ideal UCC in India?

Keywords: Uniform Civil Code, purpose, secular, social evils, implementation, critics, ideal UCC etc.

THE LEGAL FRAMEWORK: ARE WE DOING ENOUGH TO COMBAT ACID ATTACKS?

AUTHORS – SHUBHAM KUMAR* & AMALENDU MISHRA**, STUDENT* & ASSISTANT PROFESSOR**, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN.

BEST CITATION – SHUBHAM KUMAR & AMALENDU MISHRA, THE LEGAL FRAMEWORK: ARE WE DOING ENOUGH TO COMBAT ACID ATTACKS?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 362-367, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Acid attacks represent one of the most vicious forms of violence, inflicting devastating physical, psychological, and social harm, with women being disproportionately affected. Despite global awareness and advocacy, these attacks persist, prompting scrutiny of existing legal frameworks. This article assesses the efficacy of legal measures aimed at preventing acid attacks, prosecuting offenders, and supporting survivors.

Historically prevalent in regions like South Asia, particularly India, Pakistan, and Bangladesh, acid attacks have spread globally, necessitating a comprehensive legal response. Several countries have enacted specific laws to address acid violence, including stringent penalties for perpetrators, regulation of acid sales, and support systems for survivors. However, effectiveness varies widely due to differences in legal systems, enforcement, and societal attitudes towards gender-based violence.

While South Asian countries like India and Bangladesh have implemented notable legal reforms, challenges in enforcement and support provision persist. In India, despite legislation imposing severe penalties and regulating acid sales, issues such as availability and delayed justice remain. Bangladesh’s proactive legal approach has yielded some success, yet gaps in survivor support persist. Pakistan faces similar challenges with weak enforcement and inadequate support for survivors.

Outside South Asia, countries like the United Kingdom and Cambodia have also introduced legal measures to combat acid attacks, but face challenges in enforcement and support provision. The UK’s Offensive Weapons Act and Cambodia’s Acid Law aim to regulate acid sales and impose penalties, yet enforcement remains a concern.

Evaluation of legal frameworks emphasizes the importance of stringent laws, effective enforcement, regulation of acid sales, and comprehensive support for survivors. Public awareness and societal attitudes also play a crucial role in prevention. International collaboration and sharing of best practices are essential for addressing this global issue.

Lessons from Bangladesh’s comprehensive legal framework, the UK’s regulatory measures, and India’s support mechanisms offer valuable insights for other countries. However, addressing the root causes of acid attacks requires a holistic approach involving legal reforms, societal change, and women’s empowerment. Ultimately, the fight against acid attacks is a battle for human dignity and equality, demanding concerted efforts from governments, NGOs, and communities worldwide.

Keywords:- Acid Attack, Legal Framework, Effectiveness, Laws & Regulations, South Asia

A STUDY ON PROFESSIONAL ETHICS IN LAW AND RESPONSIBILITY OF ADVOCATES IN INDIA

AUTHORS – T.V.VEERA ABINESH KUMAR* & S.MADHUMITHA**, STUDENTS AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES, (SIMATS), SAVEETHA UNIVERSITY, CHENNAI.

BEST CITATION – T.V.VEERA ABINESH KUMAR & S.MADHUMITHA, A STUDY ON PROFESSIONAL ETHICS IN LAW AND RESPONSIBILITY OF ADVOCATES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 368-376, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Professional ethics encompasses an ethical code governing the conduct of persons engaged in the practice of law as well as persons engaged in the legal sector. All members of the legal profession have a paramount duty to the court and towards the administration of justice. The legal professionals should conduct themselves with etiquettes and manners. Advocates Act, 1961 empowers the Bar Council to lay down certain rules of conduct. Advocate holds a duty to the court where he is accountable to his client. Accordingly, the set of rules that govern their professional conduct arise out of the duties that they owe to the court, the client, their opponents and other advocates. Section 35 of the Advocates Act deals with the provisions regarding formulation and functioning of the Disciplinary Committee under the State Bar Council. The objective of the study is to know about the professional ethics in law and its responsibility in India.The sample size was 200. Dependent variables are about the importance of professional ethics, responsibilities of an advocate, awareness of the rules of Bar Council, duties of an advocate and their punishments for professional misconduct of an advocate. Independent variables areAge, gender.Professional ethics can also be stated as the duties that have to be followed by an advocate during his profession. The responsibility of legal ethics is to maintain honor and dignity of the legal profession to ensure the spirit of friendly cooperation, honorable and fair dealing of the counsel with his clients as well as to secure the responsibilities of the lawyers towards the society.Keywords :- Professional Ethics, Etiquettes, Bar Council, Advocate and Legal Profession

ELECTRONIC WASTES: MANAGEMENT AND REGULATIONS

AUTHORS – VIVEK SOLANKI* & DR. PRIYA VINJAMURI**,STUDENT* & ASSOCIATE PROFESSOR**, LAW COLLEGE DEHRADUN FACULTY OF UTTARANCHAL UNIVERSITY

BEST CITATION – VIVEK SOLANKI & DR. PRIYA VINJAMURI, ELECTRONIC WASTES: MANAGEMENT AND REGULATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 376-388, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Both industrialized and developing nations are grappling with the issue of electronic waste and have devised strategies to manage, address, and mitigate it. To assess readiness for handling it, regulations for managing e-waste in established and developing nations through regulations, rules, and legislative approaches—as well as the observation of consequences deriving from them—are crucial. It will take time to assess the impact and goals of a few developed country initiatives in comparison to those in underdeveloped nations, and to identify the advantages and disadvantages of e-waste rules. In order to effectively handle the reduction and justifiable handling of the e-waste problem, it is necessary and vital to incorporate innovative methods from many stakeholders in the rule-making process. The main requirements in an international forum that may address the economic reasons of illicit e-waste export and handling are the definition and analysis of the stock of e-waste, the source of inflow, limits in and out of the official and informal sectors, etc. It is necessary to assess the extent to which the rules have addressed the concerns raised by managing e-waste and determine whether more regulations are necessary. These three organizations include ensuring compliance, enforcing regulations, and removing health and environmental dangers associated to handling e-waste.

Keywords: WEEE, e-waste, imports, developed countries, developing countries.