ANALYZING THE GENDER WAGE GAP AND STRATEGIES FOR SHUTTING WAGE GAP: A COMPREHENSIVE REVIEW

AUTHORS – ANUPRIYA¹ & DR. SUKRITI YADAV²

¹STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, LUCKNOW, U.P., INDIA

²ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY, LUCKNOW, U.P., INDIA

BEST CITATION – ANUPRIYA & DR. SUKRITI YADAV, ANALYZING THE GENDER WAGE GAP AND STRATEGIES FOR SHUTTING WAGE GAP: A COMPREHENSIVE REVIEW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1058-1074, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In actuality, the gender wage disparity persists despite changes in women’s behavior patterns. In the workforce, they have grown more tenacious and well-educated, expanded their college coursework, taken on multiple roles as breadwinners in their families, and joined labor guilds—often acting in a manner akin to that of males in areas that are coordinated.

There is a growing assortment of experimental work on gender focuses on that commonly base on the gender-wise depiction of individuals in different sectors. One such survey is the wage gap credited to gender. In this article, we have endeavoured to focus in on a bare essential investigation of the gender wage gap in the Indian setting. The audit was finished on the most recent Employment-Unemployment Survey did by NSS for the year 2012 and in respect with research by American economist Claudia Goldin^[1]. The audit relied upon the individual attributes as well as the qualities of the gig endeavoured by the workers. Ordinary least square relapse and linear quartile relapse model were used for examination. In our survey we have composed several fascinating determinants of wage difference subordinate generally upon the individual attributes. For women, individual brand name like age was extraordinarily critical determinant of wage however assuming there ought to be an event of men more industry express determinants were significant.Keywords: Gender Wage Gap, Women, Informal Sector, Equal Pay for Equal Value, Employer, Employee, Discrimination.

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[1] Scarcely any months prior, American economist Claudia Goldin was granted the Nobel Prize in Economic Sciences by the Royal Swedish Academy of Sciences. Goldin spread out through her investigation that women are “unfathomably underrepresented in the worldwide labor market and, when they work, they procure not as much as men.

PROTECTION OF CHILD LABOUR IN INDIA

AUTHOR – SUDHANSHU RAJ¹ & MRS.ADYA PANDEY², STUDENT¹ AND ASSISTANT PROFESSOR² AT AMITY UNIVERSITY LUCKNOW UTTAR PRADESH

BEST CITATION – SUDHANSHU RAJ & MRS.ADYA PANDEY, PROTECTION OF CHILD LABOUR IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1049-1057, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In the current situation, where international community does only grow, the unsolved problem of the childhood slavery is that you see kids working in industry. this essay argues that child labour problem is widely affected by social and economic factors. This piece of writing looks at an overall approach to the root causes shifting from addiction and poverty to illiteracy, lack of education, social and economic upturns and insufficient family income as the basic ones. Children cannot survive the financial hardships, they experience emotional issues being overly stressed, and they are at risk of getting wounded through working. At last, I believe the only reason why child labour was eradicated in our country, India (where governments has laws, governmental as well as non-governmental organizations have activities and communities had campaigns for the protection of child rights and to fight against child labour) was the role they all played. The more recent instances of weak supervisory authorities which have been unable to stop children from working disclose this aspect. The main purposes of any law pertaining to enabling children to work or involving any other forms of commitments by children to any form of employment or work have been to provide the working hours, minimum age of employment, complete physical wellness and general safety to the children. It is the much-awaited Child Labour (Prohibition and Regulation) Act of 1986 which is by far the most important of the legislations that we have on child labour, the first one being the Child labour (Pledging of Labour) Act of 1933 and the second one being Employment of Child Act of 1986.

WIELDING THE BLUE PENCIL: A PANACEA OR BANE FOR THE NON-COMPETE COVENANTS

AUTHOR – SHUBHAM SHARMA, DOCTORAL RESEARCHER, FACULTY OF LAW, UNIVERSITY OF DELHI

BEST CITATION – SHUBHAM SHARMA, WIELDING THE BLUE PENCIL: A PANACEA OR BANE FOR THE NON-COMPETE COVENANTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1042-1048, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Severability is generally an idea in retrospect, a filtering through a plethora of contractual rubble to rescue whatever endures a decision that a piece of a law or an agreement is illegal or in contractual terms, unfair. However, severability presents a pressing question time and again and that is: If part of an agreement is illegal or unfair, does the rest of the agreement holds good? The question is likewise universal and could emerge whenever part of an agreement is disputed or a specific utilization of a rule is held unlawful. Besides, the appropriate response can have significant results. It could be safely concluded that are severable parts of the agreement carry the risk of leaving the rest of an agreement in such a shape that the resultant agreement would be something that a party would have never sanctioned alone. On the other hand, a holding of non-severability can mean, for instance, that a whole covenant falls. In the landmark case of a solitary unlawful arrangement.As per Black’s Law Dictionary the Doctrine of Blue Pencil is a legal standard for choosing whether to discredit the entire agreement or just the culpable words. Under this standard, just the culpable words are refuted on the instance that it is conceivable to erase them essentially by running a blue pencil through them rather than changing, including or revising words. The Blue Pencil rule permits the courts just to strike down the culpable arrangements and authorize the remainder of the accord. Hence, it becomes imperative to study and analyse the balance to be created between the employer’s right to keep his trade and business intact as well an employee’s right to earn livelihood. This balance could be established by using the Doctrine of Blue Pencil, however, the same comes up with a few roadblocks of its own, which would be discussed further.

DATA MINING AND THE INDIAN COPYRIGHT LAW

AUTHOR – SIDHARTH MALHOTRA, STUDENT AT AMITY UNIVERSITY

BEST CITATION – SIDHARTH MALHOTRA, DATA MINING AND THE INDIAN COPYRIGHT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1017-1026, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper explores the legal implications of data mining in India. It dives into how data mining is used to train AI models and the copyright issues that can arise. The paper explains the relevant provisions of the Copyright Act, 1957 and how they can be infringed by data mining activities. It also explores the exceptions under Section 52 of the Act and the limitations of fair dealing in India. The paper discusses the government’s perspective on data mining and copyright and the current lack of plans to change the Copyright Act. It also details a landmark OLX case, that sheds light on web scraping and data rights in India. Overall, the paper provides a comprehensive overview of data mining and copyright law in India.

ANALYSING THE EFFECT OF NEW-AGE COMMUNICATION TECHNOLOGY ON BUSINESS ACTIVITIES

AUTHOR – SHANTANU KUMAR PODDAR & DR. POONAM GAUR, STUDENT AND ASSISTANT PROFESSOR AT AMITY SCHOOL OF COMMUNICATION, AMITY UNIVERSITY, NOIDA CAMPUS, UP

BEST CITATION – SHANTANU KUMAR PODDAR & DR. POONAM GAUR, DATA MINING AND THE INDIAN COPYRIGHT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1027-1041, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Modern technology has completely changed how companies run and communicate with their customers. Through the use of the technologies, organizations may now run more effectively, increase customer engagement, and access new markets. The internet has changed how businesses operate by allowing them to reach a worldwide audience through e-commerce. Artificial intelligence makes it possible to automate tasks, analyze data, and generate insights. But the effect of new age technology and its communication at its peak Companies using state-of-the-art technology development and meet the changing needs of customers. This research examines the effect of new-age technology communication on business activities. Businesses now confront unheard-of potential and difficulties as a result of the introduction of artificial intelligence, blockchain, the Internet of Things, and 5G networks. It looks at how these technologies are affecting corporate structures, processes, and strategy. It identifies the major success aspects, such as organizational culture, leadership, and workforce skills, and underlines the advantages and difficulties of implementing new-generation technologies in the company. This dissertation aims to explore the multifaceted impact of new-age communication technologies on businesses. The study analyses four valuable new-age technologies – the Internet of Things, Artificial Intelligence, Machine Learning, and Blockchain – and their respective applications in marketing. Particularly, the study dives deeply into each of these four technologies to better understand their major components, the markets in which they operate, and current use cases. The use of these cutting-edge technologies is likely to influence the outcomes for businesses and consumers. However, they are constantly discovering technologies that have not yet been fully explored and their full potential has yet to be realized. This study also identifies key areas that require management attention in the deployment of these cutting-edge technologies.

ENSURING FAIR TRIAL: ROLE OF PRE-TRIAL PROCEDURES IN THE INDIAN CRIMINAL JUSTICE SYSTEM UNDER CRPC

AUTHOR – PUNDARIK KUMAR, STUDENT AT CHRIST DEEMED TO BE UNIVERSITY, PUNE LAVASA CAMPUS

BEST CITATION – PUNDARIK KUMAR, ENSURING FAIR TRIAL: ROLE OF PRE-TRIAL PROCEDURES IN THE INDIAN CRIMINAL JUSTICE SYSTEM UNDER CRPC, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1011-1016, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Indian Criminal Justice System is founded on the principles of justice, fairness, and the protection of individual rights. Central to this system is the Code of Criminal Procedure (CrPC), which sets out the procedural framework for criminal trials. This research paper explores the crucial role played by pre-trial procedures outlined in the CrPC in safeguarding the rights of the accused and ensuring fair trials. Through an in-depth analysis of arrest protocols, bail mechanisms, investigative procedures, and the framing of charges, this paper examines the challenges and opportunities within the pre-trial phase. Drawing on case studies, judicial precedents, and comparative perspectives, it evaluates the effectiveness of current practices and proposes reforms to enhance fairness, efficiency, and access to justice.

KEYWORDS: Crime, Bail, Justice, CrPC, Right

NECROPHILIA AN OVERVIEW

AUTHOR – KARSHANA K S, STUDENT AT S.E.A COLLEGE OF LAW

BEST CITATION – KARSHANA K S, NECROPHILIA AN OVERVIEW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1006-1010, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

 Necrophilia refers to sexual attraction or activity involving with corpses. It’s considered morally reprehensive and illegal in many countries. She killed herself because she was a victim of sexual abuse. But even in death, her body was not spared. Her soul must be, somewhere, crying out in pain. We live in a society that turns a deaf ear to women who are abused everyday, can we then, hear the cries of the women who are dead? I have never feared death, but today my biggest fear is dying; my body after my death.” The term “necrophilia” is derived from the Greek words “philios” (attraction to/love) and “nekros” (dead body). It was coined by Joseph Guislain, a Belgian Alienist. Let us get into deeper knowledge about Necrophilia and its legal status in India.

KEYWORDS : Necrophilia, psychosexual disorder, paraphilia, law, sexually abuse and criminalization

THE INSIGNIFICANT RIGHTS: A FALLACY UPTURNED

AUTHOR –  BHASKAR MISHRA & DR.ROHIT KUMAR SHUKLA, STUDENT & ASST. PROFESSOR AT AMITY UNIVERSITY, LUCKNOW UTTAR PRADESH

BEST CITATION – BHASKAR MISHRA & DR.ROHIT KUMAR SHUKLA, THE INSIGNIFICANT RIGHTS: A FALLACY UPTURNED, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 998-1005, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Child rights¹, like human rights, come from the idea that all people have fundamental rights that they are born with, and these rights are inalienable and inviolable. They cannot be taken away because of a person’s gender, age, religion, race, ethnicity or other factors. It is recognized that special protection must be given to children to ensure full, happy, and healthy development without fear of harm or exploitation.

APPROACH OF THE INTERNATIONAL COURT IN DETERMINING THE EXISTENCE OF CUSTOMARY INTERNATIONAL LAW: COMPARISON & ANALYSIS

AUTHOR – DEVIKA RAJ, SYMBIOSIS LAW SCHOOL NAGPUR

BEST CITATION – DEVIKA RAJ, APPROACH OF THE INTERNATIONAL COURT IN DETERMINING THE EXISTENCE OF CUSTOMARY INTERNATIONAL LAW: COMPARISON & ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 994-998, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

“Customary International Law is one of the most venerable sources of law. Certain behaviors and practices amongst the state have taken the aegis of time and have been formed as an integral facet of International Law which upon a time-to-time basis seeks the express validation of the International Court of Justice. The consistent comportment of the states has formed and gained the sanctity of law. In this manuscript, We will compare and analyze the approach of the International Court in determining the existence of Customary International Law in certain cases. The customs over time become legal obligations and are not explicitly written under conventions and treaties but preached as a matter of practice. ^[1] Custom is the method to create legally binding rules ever since the commencement of the international community. The implied consent of the states is present in the scenario of Customary International Law. There is also a lack of aptness and they cannot be regarded to have ceased to exist if they transformed into treaty rules. They pose an important source of International law and are deemed to be an idiosyncratic transaction of practices between two states.” ^[2]

KEYWORDS : Equidistance, Questionability, Jurisdiction, Judgement, Customary International Law

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[1] Cornell Law School Legal Information Institute https://www.law.cornell.edu/wex/customary_international_law#:~:text=Customary%20international%20law%20results%20from,for%20visiting%20heads%20of%20state. (12-03-2024)

[2] H.O AGARWAL , INTERNATIONAL LAW & HUMAN RIGHTS, (26,27) (CENTRAL LAW PUBLICATIONS 2021)

WOMEN’S HEALTH AND REPRODUCTIVE RIGHTS

AUTHOR – MOHIT KUMAR & SATYA VRAT PANDEY, STUDENT AT INTEGRAL UNIVERSITY, LUCKNOW

BEST CITATION – MOHIT KUMAR & SATYA VRAT PANDEY, WOMEN’S HEALTH AND REPRODUCTIVE RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 988-993, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Women’s rights to sexual and reproductive health are essential to women’s overall health, according to the ICPD. The Convention on the Elimination of All Forms of Discrimination Against Women contains several articles that serve as the foundation for these rights. The textual underpinning for women’s rights to sexual and reproductive health as stated in this and other international human rights instruments is examined in this article. The rights to health care and information, life, liberty, and personal security, as well as the freedom from discrimination in the distribution of resources for health services and their accessibility, comprise the rights to reproductive and sexual health. The rights to informed consent and confidentiality with regard to health care, as well as autonomy and privacy when making sexual and reproductive decisions, are crucial. The issues that are used to illustrate the article’s points about systemic violations of the aforementioned rights come in a variety of forms, such as maternal mortality, the absence of legal abortion procedures, the underfunding of family planning, coercive population programs, coerced sterilization consent from spouses, and discrimination against pregnant women in the workplace. Reproductive health, according to the World Health Organization (WHO), is the entire condition of physical, mental, and social well-being in all aspects pertaining to the reproductive system and all of its functions and processes—rather than just the absence of illness or infirmity. The full physical, mental, spiritual, political, social, and economic well-being of women and girls, predicated on the full realization and defence of women’s human rights, is known as reproductive justice. This article presents a non-polarized, more inclusive ethical course of action that uses an optimal health approach with new alliances for the reproductive justice movement today while acknowledging the history and limitations of reproductive health and rights.

Keywords: reproductive justice, reproductive health, reproductive rights, human rights; gender discrimination; equality; autonomy.