THE LEGAL PROFESSION IN INDIA: A “BOYS’ CLUB” NO MORE?

AUTHOR – ROOHUL ALI, STUDENT AT BHARATI VIDYAPEETH NEW LAW COLLEGE, PUNE

BEST CITATION – ROOHUL ALI, THE LEGAL PROFESSION IN INDIA: A “BOYS’ CLUB” NO MORE?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 87-92, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTACT:

The legal profession in India has a long history of being male-dominated, with women facing significant barriers to entry and advancement. Despite progress, gender disparity remains a pressing issue, with women making up only 21-23% of enrolled advocates in India. Women lawyers face various challenges, including gender-based discrimination and harassment, limited opportunities for advancement, and stereotyping and bias. These challenges are perpetuated by societal attitudes and gender stereotypes, limited access to education and training, and discrimination and bias. Efforts to address the underrepresentation of women in the legal profession are gaining momentum. Mentorship programs, training, and networking opportunities are being established to support women lawyers. The government, bar associations, law schools, and the legal profession must work together to create a more inclusive and diverse legal profession. The international community has acknowledged the significance of gender diversity and inclusion in the legal profession, and various initiatives have been undertaken to achieve gender equality and empower women and girls. The United Nations Sustainable Development Goals (SDGs) provide a global framework for achieving gender equality. The legal profession in India must evolve to become more inclusive and diverse, providing equal opportunities for women lawyers to succeed and contribute to the country’s legal landscape. By working together, we can create an environment where women lawyers can thrive and contribute to shaping India’s legal landscape.

Keywords: Gender disparity, legal profession, India, women lawyers, gender diversity, inclusion, gender equality

“CRACKING THE CARTEL CODE: UNVEILING THE EFFICACY AND LIMITATIONS OF LENIENCY PROGRAMS IN INDIAN COMPETITION LAW THROUGH CASE LAW ANALYSIS”

AUTHOR – ARDRA GOODWIN, STUDENT AT SYMBIOSIS LAW SCHOOL, PUNE

BEST CITATION – ARDRA GOODWIN, “CRACKING THE CARTEL CODE: UNVEILING THE EFFICACY AND LIMITATIONS OF LENIENCY PROGRAMS IN INDIAN COMPETITION LAW THROUGH CASE LAW ANALYSIS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 79-86, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

“Globalization is all those processes by which the people of the world are incorporated into a single world society” according to British Sociologist Martin Albrow.^[1] Physical borders no longer restrict nations or corporations, and they are expanding globally. Product prices and supply are shaped in free market economy by the interactions of producer, supply and consumer demand, all of which contribute to a healthy competition which is advantageous to consumers. Nevertheless, this competitive environment is compromised by collusion among producers such as formation of cartels which set prices, impose output restrictions or split markets.

Cartels hinder international trade, restrict consumer choice and artificially boost price. Due to their notoriously secretive and complicated legal system which places a heavy weight of proof in their detection and prosecution, it becomes increasingly difficult to deal with them. Competition law preserve market efficiency and consumer choice, leniency programmes is one of the remedies under this serving as a vital anti-cartel strategy to grant immunity or mitigated penalties to whistleblowers, organisations who collaborate with law enforcement, furnish essential information and acknowledge engaging in antitrust breaches.^[2]

KEYWORDS: globalization, Anti-competition law, cartel, leniency

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[1] Martin Albrow & Elizabeth King, Globalization, Knowledge and Society: Readings from International Sociology, Sage Publications 1990

[2] Baskaran Balasingham, The EU Leniency Policy: Reconciling Effectiveness and Fairness, Kluwer Law International 2017

LIVING ON THE EDGE: WOMEN IN KHALED HOSSEINI’S A THOUSAND SPLENDID SUNS

AUTHOR – ADRIJA LASKAR, STUDENT AT SYMBIOSIS LAW SCHOOL, HYDERABAD

BEST CITATION – ADRIJA LASKAR, LIVING ON THE EDGE: WOMEN IN KHALED HOSSEINI’S A THOUSAND SPLENDID SUNS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 73-78, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

“A man’s accusatory finger always discovers a woman like the pointer of a compass points north.” This statement exemplifies the female power disparity in Afghan society. He said that the struggle and carnage in Afghanistan, which has endured more than 50 years, has taken a toll in terms of both physical and human casualties. It also caused an almost permanent drastic shift in his socio-cultural framework. Dealing with the combined conquest of and oppression has been a challenging living. The mentioned novel by Khaled Hosseini chronicles the narrative of two Afghan women, Mariam and Laila who are both victims of patriarchy and married to Rasheed. The male binary oppressed Hosseini’s female characters until they struggled for their identities. Both male and female characters persecute, sexually harass, and suffocate the female characters, yet they fight the violence, nevertheless. There is a reminder for all women worldwide who are sufferers of female or male brutality that they may resist tyranny and subjugation. In the context of this work, this research project contends that the violence and conflict in Afghanistan during a critical moment in its history worsened women’s oppression. This study article tries to present an alternate view of Afghan women’s situations to the often-clichéd depictions by conceptualizing Afghan experiences of women in a specific set of political, sociological, and cultural components.

Keywords: Patriarchy, Afghan women, Oppression, Victimization, Gender Roles, Individuality, Marginalization

CLOSING THE DIVIDE; A COMPARATIVE STUDY ON THE DIFFERENCES BETWEEN LEGAL PEDAGOGY AND PROFESSIONAL PRACTICE AND HOW TO INTEGRATE THE SAME FOR ENHANCED PRACTICE

AUTHORS – SOWLABHYA A SESHADRI* & PROF. DR. ASHA SUNDARAM**

STUDENT* & PRINCIPAL** AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS) 

BEST CITATION – SOWLABHYA A SESHADRI & PROF. DR. ASHA SUNDARAM, CLOSING THE DIVIDE; A COMPARATIVE STUDY ON THE DIFFERENCES BETWEEN LEGAL PEDAGOGY AND PROFESSIONAL PRACTICE AND HOW TO INTEGRATE THE SAME FOR ENHANCED PRACTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 53-72, APIS – 3920 – 0001 & ISSN – 2583-2344.

(I) ABSTRACT

Oscar Wilde said that “The study of law is sublime, its practice, vulgar.” This quote can seem daunting and immediately gives us the understanding that the ever-flowing fountain of law is available to all those who want to learn and study it, but runs out when it comes to those who practice it as a profession. Students devote 3-5 years to law schools, trying to understand the essential parts in order to become great lawyers and advocates in the future. In reality, they spend their hours and energy not in preparation for their career, but in clearing their exams. The curricula of law schools are intended to aid the graduate in the practice of his/her profession, however, in reality, there is a significant chasm between what is intended to be taught and what is being taught, learned, and applied. Yes, the teachings at law schools are the most essential part of any advocate or lawyers’ life, but the practical and technical aspects become blurred behind the academic aspects. The elements of communication, interpretation, drafting and pleading and even reading of case bundles becomes a major issue for students who become interns or start working under advocates and/ or law firms. All these issues and many more collectively increase the gap between the academic side of law and the true rigorous practice of the law. This paper will focus on the daunting gap between the pedagogy and the practice of law and how to narrow it.

KEYWORDS: law, curricula, profession, academic aspects, rigorous practice

BOOK REVIEW ON ‘SOCIAL INJUSTICE : MIGRANT CRISIS BY A. MAITRI, NOTION PRESS, CHENNAI TAMIL NADU, 2021’

AUTHOR – SAURYA SARKAR, LL.M, KAZI NAZRUL UNIVERSITY, ASANSOL, WEST BENGAL & ADVOCATE, DISTRICT & SESSIONS JUDGES COURT PASCHIM BARDHAMAN AT ASANSOL.

BEST CITATION – SAURYA SARKAR, BOOK REVIEW ON ‘SOCIAL INJUSTICE : MIGRANT CRISIS BY A. MAITRI, NOTION PRESS, CHENNAI TAMIL NADU, 2021’, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 50-52, APIS – 3920 – 0001 & ISSN – 2583-2344.

This book is an outcome of personal grief experienced by the author, when he lost her daughter, who was a medical officer. Thereafter, during COVID-19 Pandemic entire nation witnessed a dystopia, which was witnessed by the entire nation. It was an  unprecedented situation where thousand number of people who were stranded on the road, beaten by the police, treated as a menace without any fault of their own. Suffering of large number of citizens inspired the author to write this book.

DIGITAL DISRUPTION: LEGAL IMPLICATIONS FOR COMMERCIAL TRANSACTIONS IN 21^ST CENTURY

AUTHORS – RUDRAKSH SINGH SISODIA & MIMANSA JOSHI, STUDENTS AT RAJIV GANDHI NATIONAL UNIVERSITY OF LAW

BEST CITATION – RUDRAKSH SINGH SISODIA & MIMANSA JOSHI, DIGITAL DISRUPTION: LEGAL IMPLICATIONS FOR COMMERCIAL TRANSACTIONS IN 21ST CENTURY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 44-50, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Digital disruption has become a pervasive force in the 21st century, reshaping industries and challenging traditional ways of conducting commercial transactions. This paper explores the legal implications of the widespread adoption of digital technologies in the industry in the 19th century. The study examines how developments such as blockchain, smart contracts, and artificial intelligence impact the legal framework governing business transactions.

The paper examines the challenges and opportunities presented by digital disruption, focusing on issues such as data privacy, contractual relationships, and compliance. In addition, it examines the growing role of intermediaries and the need for a regulatory framework to accommodate the dynamics of digital networks.

This paper aims to provide insight into the legal challenges associated with digital disruption in business practices through a comprehensive review of relevant legal literature, case studies, and legal developments. By understanding regulatory implications, stakeholders including businesses, lawyers, and policymakers can better navigate the rapidly changing digital economy landscape The findings of this study contribute to an ongoing discourse on regulation-changing policies to ensure proper regulation and protection of digital stakeholder networks.

Keywords: Digital disruption, Legal implications, Commercial transactions, E-commerce, Cybersecurity

INTERNSHIPS THROUGH THE LENS OF LABOUR LAW: A CRITICAL ANALYSIS

AUTHORS – KARTIKEYA AMITABH MISHRA & ASTHA SAMANTA, STUDENTS OF NATIONAL LAW UNIVERSITY, JODHPUR

BEST CITATION – KARTIKEYA AMITABH MISHRA & ASTHA SAMANTA, INTERNSHIPS THROUGH THE LENS OF LABOUR LAW: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 33-43, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

In an era of hyper globalisation where domestic employers have to compete at international levels, interns/legal trainees have become extremely important given the fact that they are a significant source of cheap and flexible labour, thereby reducing potential labor costs. Internships are very important for Indian graduates from an employment perspective with statistics showing that a significant portion of Indian graduates chose to pursue internships for employment purposes. Since internship falls at the edges of legal protection and generally beyond the labor law protection; concerns arise regarding the social well-being of the interns and their potential exploitation for work as cheap labor. Issues also arise with regards to the conversion rates of internships into employment, socio-economic discrimination, sexual exploitation, etc. Therefore the authors have decided to make a research project on this issue. The author has adopted a comparative approach to critically analyze the phenomena of internships and their impact on employability outcomes within India.

MARITAL RAPE: UNVEILING THE HIDDEN PAIN

AUTHOR – PULAK BISEN, STUDENT AT RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB

BEST CITATION – PULAK BISEN, MARITAL RAPE: UNVEILING THE HIDDEN PAIN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 14-18, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Marital rape is a common but sometimes hidden kind of domestic abuse that is still a major problem in the world. The abstract delves into the various aspects of marital rape, emphasizing its significant influence on victims, cultural perceptions, and legal structures. Cultural, religious, and legal hurdles continue to prevent marital rape from being reported or acknowledged, despite tremendous advancements for women’s rights. The study explores the psychological, physical, and emotional trauma that survivors endure, which is exacerbated by stigma and a dearth of resources for help. It looks at the development of legal viewpoints about marital rape, comparing and contrasting jurisdictions that maintain spousal immunity with others that acknowledge it as a crime. To address this hidden suffering, the study emphasizes the critical need for comprehensive legislative reform and public education through a review of recent research, survivor accounts, and legal assessments. The study highlights the significance of lobbying and advocates for a worldwide agreement to criminalize marital rape and to establish strong support systems for victims. This concept aims to spark a paradigm change toward acknowledging and resolving this violation of human rights inside the sacredness of marriage by exposing the hidden suffering associated with marital rape.

AUTONOMOUS VEHICLES AND THE ISSUE OF NEGLIGENT LIABILITY

AUTHOR – NANDINI SINGH, STUDENT AT RAM MANOHAR LOHIA NATIONAL LAW UNIVERSITY

BEST CITATION – NANDINI SINGH, AUTONOMOUS VEHICLES AND THE ISSUE OF NEGLIGENT LIABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 26-32, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTARCT

In the age of lightning-fast technology development, driverless cars have become a game-changer in the transportation industry. The growing integration of these cars into our daily lives raises important questions about the legal ramifications of their functioning, particularly concerning tort law. This research explores the complex relationship between tort law and autonomous vehicles, concentrating on the difficult problem of negligence-related liability. In contrast to traditional vehicles, autonomous vehicles utilize sophisticated algorithms, sensors, and artificial intelligence to maneuver through diverse situations. Therefore, when an accident happens, figuring out who is responsible for what becomes a complex task. With an emphasis on fault, foreseeability, and the role of human intervention, this study seeks to analyze the subtleties of negligence in the context of autonomous cars.

This paper also highlights that with the advancing development, India must make laws and regulations to prepare itself for the upcoming advancement. India, at present, does not have any legislation for autonomous vehicles. It is rapidly increasing its technological development. Although the concept of autonomous vehicles is at a very nascent stage in India, with the declaration of a startup MINUS ZERO about India’s first self-driven car, it is imperative to bring about laws that deal with the problems of negligence liability and privacy related to autonomous vehicles. ^[1] As we embark on this exploration, it becomes important to navigate through the intricate tapestry of legal doctrines, technological advancements, and societal expectations. By unraveling the layers of liability in the context of negligence and examining the gaps in current legislation, this project aims to contribute to the ongoing discourse surrounding the harmonization of law and technology, particularly in the dynamic realm of autonomous vehicles.

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[1] HT AUTO DESK, ‘India’s first self-driving car unveiled, startup plans to emulate Tesla, google’ ( HT AUTO, 5 June 2023)< https://auto.hindustantimes.com/auto/cars/indias-first-self-driving-car-unveiled-by-bengaluru-based-startup-with-plans-to-emulate-tesla-google-41685937249629.html> accessed 19 February 2024

CASE COMMENTARY ON M.L ABDUL JABHAR SAHIB VS VENKATA SASTRI AND SONS & ORS

AUTHOR – YASHVARDHAN VATS, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – YASHVARDHAN VATS, CASE COMMENTARY ON M.L ABDUL JABHAR SAHIB VS VENKATA SASTRI AND SONS&ORS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 23-25, APIS – 3920 – 0001 & ISSN – 2583-2344

FACTS

The case revolves around one of the most important sections which is section 3 of the Transfer of Property Act. The applicant (M.L Abdul jabhar sahib)filed a suit against H.V.Venkata Sastri For the recovery of the monies on the basis of the promissory notes. The suit was initially filed under the Madras High Court.