MEDICAL NEGLIGENCE IN INDIA

AUTHOR – MAHAK RAIKWAR, SCHOOL OF LAW & PUBLIC POLICY, AVANTIKA UNIVERSITY, UJJAIN

BEST CITATION – MAHAK RAIKWAR, MEDICAL NEGLIGENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 828-836, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Medical Negligence is a rising issue in India, creating serious risks to patient safety and healthcare quality. Despite being one of the best professions, the medical field is not liable for negligence, often resulting in severe consequences such as a patient’s death or disability. This paper goes through the interpretation of negligence in the medical profession by the Supreme Court of India, aiming to comprehensively analyze its legal, social, and economic dimensions. Through a thorough review of literature, case studies, and legal documents, the study explores the challenges in identifying, proving, and addressing instances of medical negligence. Methodologies include examining relevant laws, analyzing case studies, and reviewing scholarly articles. Key findings underscore the issue’s complexity, including barriers to justice for affected patients, implications for healthcare provider accountability, and the necessity for legal and healthcare reforms. Medical Negligence not only impacts individual cases but also breaks public trust in the healthcare system and imposes economic burdens.

KEYWORDS – Medical Negligence, Negligence, Tort Law, Res Ipsa Loquitur

FINTECH LAWS IN INDIA UNDERSTANDING THE REGULATORY REGIME

AUTHOR – SURBHI, STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY , NOIDA, UTTAR PRADESH

BEST CITATION – SURBHI, FINTECH LAWS IN INDIA UNDERSTANDING THE REGULATORY REGIME, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 818-827, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Fintech has revolutionized financial services globally, with an estimated transaction value of $24 trillion in FY21-22. India has emerged as a leading fintech hub, home to over 7,000 start-ups and enjoying an 87% fintech adoption rate in 2021, higher than the global average. The market is projected to reach a $1 trillion valuation by 2030, on the back of key sectors like digital payments, lending, wealth management and insurance technology. However, regulation remains fragmented across agencies like the RBI, IRDAI, SEBI, MCA and MEITY, posing hurdles for start-ups navigating compliance. This complex regulatory landscape, coupled with the lack of overarching fintech legislation, creates effectiveness challenges in balancing innovation aspirations with consumer protection priorities. This paper analyzes India’s fintech regulations across domains, regulators and instruments. It assesses regulatory approaches towards key subsets like digital payments and lending models. The analysis also highlights pressure points illustrated by case studies like the Paytm controversy. Ultimately, the paper offers recommendations on optimizing policies – promoting fintech advancement whilst safeguarding user interests via prudent regulation calibrated to unique models and mindful of risks.

ANALYSIS OF HONOUR KILLING AND KHAP PANCHAYAT IN INDIA (SHAKTI VAHINI VS. UNION OF INDIA, 2018)

AUTHORS – SHWETA TYAGI & RITIKA VERMA, STUDENTS AT AMITY LAW SCHOOL, AMITY UNIVERSITY

BEST CITATION – SHWETA TYAGI & RITIKA VERMA, ANALYSIS OF HONOUR KILLING AND KHAP PANCHAYAT IN INDIA (SHAKTI VAHINI VS. UNION OF INDIA, 2018), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 807-817, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

A cherished asset of every human being is Honour. No one is given the free pass to end a valuable human life in the name of culture or tradition. It cannot be lost for either the communal or private interests. Killing someone is always wrong, criminal, and a serious violation of human rights. To take someone’s life without cause or justification is wrong. Also, it is illegal and against the constitution. Every citizen is entitled to life and dignity under the constitution. Honour is sustained in life. The Indian Constitution guarantees this right as a fundamental one. Every person has the right to protection from any threat to their life. Everyone has the freedom of choice. This promise also includes the right to an opinion. So, the right to marry and the freedom to select one’s spouse both fall under the umbrella of the right to life. The right to live in dignity in society cannot be violated by societal or cultural influences. Yet, it is illegal to kill someone for the sake of family Honour, and the law has mechanisms to deal with these inappropriate behaviors. Killing someone is equivalent to murder and will never compensate or restore the alleged lost Honour. In the current study, an effort is made to analyze the idea of Honour and Honour Killing in India within the fundamental legal framework. To explore judicial interpretation of the law, some seminal Supreme Court decisions are also explored. Honour Killing is essentially a family member killing another family member. It is the dishonest behavior of the family members that prioritize the purity of their clan over the lives of an individual. It is done to remove the disgrace and dishonor that a family member has brought on. Any family member who tries to fall in love with someone who doesn’t fit their social level is killed by a member of the family.

THE CONVERGENT RISK AND THE NEED OF COMPULSORY INSURANCE: A LEGAL ANALYSIS AND INTERPRETATION UNDER MOTOR VEHICLE ACT, 1988

AUTHOR – ABHISHEK SUNAR, ADVOCATE, DISTRICT & SESSIONS COURTS AND HIGH COURT, GANGTOK- SIKKIM. B.A.LL.B (HONS.), LL.M ( CONSTITUTIONAL & ADMINISTRATIVE LAW), ALLIANCE UNIVERSITY, BENGALURU – KARNATAKA.

BEST CITATION – ABHISHEK SUNAR, THE CONVERGENT RISK AND THE NEED OF COMPULSORY INSURANCE: A LEGAL ANALYSIS AND INTERPRETATION UNDER MOTOR VEHICLE ACT, 1988, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 795-806, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

An Insurance is a contract between the Insurance company and Insured person to indemnify the loss. In the advent of the growing demands of the world economic forums and the banking sectors it has discursively and unrelatedly remained less penetrative to fill the void amongst the esteeming challenges opposed due to compulsory Insurance policies and standards established in  third-party motor insurance claims resulting to inimical factors leading to  impending risk to the people, property, and the society at large. The strenuous policies to minimize the gap of such cautious facets involving risk and aggrandizing stance of the Motor Vehicle legislations including the Act of 1988 are not at par with the evolving trends and the issues compounding from the damages or loss incurred by the victims of an accident or mishaps in their course of employment in any establishment governed by the Workmen Compensation Act, 1923 and the Public Liability Insurance Act, 1991. This paper encapsulates the comprehensive medium to douse the risks and additionally review and evaluate different types of safeguarding mechanisms available to the victims as well as to determine multifaceted Insurances and the risks involved in the context of India. Further, It expounds upon the narratives and foremost effects of compulsory Insurances in the area of motor vehicle accidents claims and the inception of the third- party liability insurances and the pivotal understanding of the principle of no-fault liability. This paper attempts to explore all new adaptations inherited for evolving the compulsory Insurance policies which are still pervasive to the limited understanding of the complexities and methods by which it could be befitting to avoid intangible risks in the present model structure of the Insurance guidelines present in the society and the legal reasonings to corroborate the notion with the help of the decided legislations and cases.

Keywords :- Compulsory Insurance, Mandatory Insurance,  Indemnity, Motor Insurance Risk, Liability, Information Problem, Insolvency.

LEGAL FRAMEWORK FOR PROTECTION OF CHILD ABUSE

AUTHOR – KHUSHI AGARWAL¹ & MRS. AXITA SRIVASTAVA², STUDENT¹ & ASSISTANT PROFESSOR² AT AMITY UNIVERSITY

BEST CITATION – KHUSHI AGARWAL, LEGAL FRAMEWORK FOR PROTECTION OF CHILD ABUSE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 784-794, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTARCT

Child abuse remains a pervasive and distressing issue with profound implications for individuals, families, and societies at large. This abstract provides an overview of the multifaceted nature of child abuse, encompassing its various forms, contributing factors, and far-reaching consequences. The forms of child abuse are diverse, ranging from physical, sexual, and emotional abuse to neglect. Each form inflicts distinct and often overlapping harms on the victim, impeding their physical, emotional, and cognitive development. Moreover, the perpetration of abuse frequently occurs within familial or trusted environments, complicating detection and intervention efforts.

Contributing factors to child abuse are multifactorial and encompass individual, familial, societal, and cultural dimensions. These may include parental stress, substance abuse, socioeconomic disparities, intergenerational transmission of violence, and inadequate support systems. Understanding these factors is crucial for developing targeted prevention and intervention strategies. The impact of child abuse reverberates across the lifespan, affecting not only the immediate well-being of the child but also their long-term health outcomes and socioemotional functioning. Survivors of child abuse often grapple with a myriad of challenges, including mental health disorders, substance abuse, difficulties in forming healthy relationships, and a heightened risk of re-victimization. Efforts to address child abuse require a comprehensive approach that encompasses prevention, early detection, intervention, and support services. Key strategies may include education and awareness campaigns, strengthening child protection policies, enhancing access to mental health services, and promoting resilience-building interventions for both children and families. In conclusion, tackling child abuse necessitates a concerted and multifaceted effort that engages individuals, families, communities, and policymakers. By prioritizing prevention and early intervention, we can strive towards creating safer environments where children can thrive, free from the scourge of abuse.

SHOULD PAROLE BE ABOLISHED? : A COMPARATIVE ANALYSIS

AUTHOR – SHAHANA KHAN, STUDENT AT CHRIST UNIVERSITY, DELHI NCR

BEST CITATION – SHAHANA KHAN, SHOULD PAROLE BE ABOLISHED? : A COMPARATIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 776-783, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The debate over whether to eliminate parole is a nuanced and contentious matter encompassing criminal justice, public safety, and reintegration into society. This research paper conducts a thorough analysis of the arguments both for and against the removal of parole from the criminal justice system. Through an extensive exploration of legal frameworks, historical perspectives, empirical research, and ethical considerations, this study investigates the various aspects of parole and its effects on individuals, communities, and society as a whole. This analysis covers crucial areas, such as the historical progression of parole, its primary objectives of rehabilitation and reintegration, the effectiveness of parole programs in reducing repeat offenses, and the potential hazards linked to releasing offenders prior to completing their sentences, this research probes the socio-economic consequences of parole, evaluating its role in addressing issues such as mass incarceration, racial disparities, and the difficulties faced by formerly incarcerated individuals upon reentry. Additionally, the paper critically assesses the use of discretion in parole decision-making, addressing concerns related to bias and transparency, this study explores global viewpoints on parole, drawing comparisons between its utilization and outcomes in different nations, which provide valuable insights into its potential advantages and disadvantages. Ethical considerations pertaining to the idea of second chances, the rights of victims, and the overall societal cost of parole are also analyzed, the objective of this examination is to offer a comprehensive understanding of the arguments supporting and opposing the abolition of parole. By elucidating the intricacies of parole as a tool in the criminal justice system, this research contributes to the ongoing dialogue concerning its reform and alternative approaches in the pursuit of a just and effective justice system.

ANALYSING THE CRYPTOCURRENCY ON INDIAN ECONOMY

AUTHOR – SAMARPITA DAS, STUDENT OF AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY, NOIDA

BEST CITATION – SAMARPITA DAS, ANALYSING THE CRYPTOCURRENCY ON INDIAN ECONOMY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 771-775, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

A number of the most recent advances in the fields of digital currency, cryptocurrency is a development that has the capacity to simplify the method of making financial transactions abroad. It has been gaining popularity in the global marketplace owing to the reality that it was founded on the blockchain technology, which excludes the likelihood of any central authority intervening in transactions which relies on data maintained on a computer. Cryptocurrency, when compared to traditional financial institutions, possesses a decentralized management structure. Whenever bitcoin first became available to the around the globe market, it made it easier than ever to carry out business across various areas of the entire globe. Additionally, there have already been plenty of countries which have begun to use cryptocurrency as a medium of commerce, and India encompasses the second-greatest adoption rate of cryptocurrencies internationally. Although that, the Reserve Bank of India continues to make it abundantly clear that transactions involving cryptocurrencies are strictly forbidden by law. nevertheless, as the outcome of a ruling made by the Supreme Court of India, bitcoin will now only be treated as an asset, akin to gold; nevertheless, according to Indian law, it has not yet been deemed as an instrument of exchange.  The objective of this study is to examine the concept of cryptocurrency in addition to the legality of cryptocurrency in India along with other countries throughout the globe. In furtherance of the above, the study addresses the lawfulness of cryptocurrencies and the regulatory framework that governs cryptocurrencies.

Keywords: Cryptocurrency, Legality of Cryptocurrency, Cryptocurrency as a medium of commerce, Block Chain Technology.

NAVIGATING THE INTERSECTION OF COMPETITION LAW AND INTELLECTUAL PROPERTY RIGHTS IN INDIA: TOWARDS CLARITY AND BALANCE

AUTHOR – AKRITI GUPTA & RUSHI P UPADHYAY, SCHOOL OF LAW, ALLIANCE UNIVERSITY, BANGALORE

BEST CITATION – AKRITI GUPTA & RUSHI P UPADHYAY, NAVIGATING THE INTERSECTION OF COMPETITION LAW AND INTELLECTUAL PROPERTY RIGHTS IN INDIA: TOWARDS CLARITY AND BALANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 760-770, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

This paper delves into the nuanced relationship between competition law and intellectual property rights (IPR) in India, particularly focusing on the provisions outlined in §3(5) of the Competition Act. While this section allows IPR holders to impose certain conditions or restrictions to safeguard their rights, the criteria for determining the reasonableness and necessity of such conditions remain ambiguous. Through an analysis of past cases and existing legal discourse, this study underscores the pressing need to revisit competition policy concerns surrounding IPR agreements in India. It argues for greater clarity and predictability in the evaluation process of these conditions to ensure a balanced approach that considers both anti-competitive and pro-competitive effects. Drawing on insights from jurisdictional conflicts and international best practices, the paper proposes the introduction of mandatory consultations between competition law and IP authorities to assess the extent of protection offered by IPR and the necessity of imposed conditions. Furthermore, it emphasizes the importance of considering various factors such as public interest, innovator and licensee positions, innovation strength, and competition effects in evaluating these agreements. To strengthen the application of competition law and IP law, the paper recommends the formulation of comprehensive guidelines by regulatory bodies in consultation with stakeholders, outlining the assessment process under §3(5) of the Competition Act. By advocating for a clearer framework and collaborative approach, this study aims to foster a conducive environment for innovation and competition while safeguarding the rights of intellectual property holders.

Keywords: Competition law, Intellectual property rights, §3(5) of the Competition Act, Reasonableness, Necessity, India, Jurisdictional conflicts, Pro-competitive effects, Anti-competitive effects, Regulatory guidelines.

A DIVERSE STUDY ON IMPLICATION OF ARTIFICIAL INTELLIGENCE ON INTELLECTUAL PROPERTY RIGHTS

AUTHOR – AKASH RANA¹ & Dr. AMIT DHALL², STUDENT¹ & PROFESSOR² AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – AKASH RANA & Dr. AMIT DHALL, A DIVERSE STUDY ON IMPLICATION OF ARTIFICIAL INTELLIGENCE ON INTELLECTUAL PROPERTY RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 710-714, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper analyses and evaluates the currently rising involvement of Artificial Intelligence generated creative works and inventions with respect to rising threat towards Intellectual Right infringement. Throughout the study it is put forward how these two worlds have collided and concludes that we are in need of a regime that will help the government address the woes in regard with rising use of intuitive artificial intelligence tools inherent in the current system. Further this paper aims to disclose how India’s Legal Framework will have to put in hard work and a thought process as to how we will adopt the schemed regime so that we can bring out a balance between the artificially intelligent innovations and the rights of users respectively.

Keywords: Artificial Intelligence, Technology, Intellectual property rights, Copyright, Machine learning, Patents

ODR FOR CROSS BORDER DISPUTES: OPPORTUNITY&CHALLENGES

AUTHOR – PRABHAT TOMAR, STUDENT AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – PRABHAT TOMAR, ODR FOR CROSS BORDER DISPUTES: OPPORTUNITY&CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 715-727, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Online Dispute Resolution (ODR) offers a promising avenue for addressing the complexities of cross-border disputes, presenting both opportunities and challenges in equal measure. This abstract provides a comprehensive overview of the landscape of ODR for cross-border disputes, delving into key aspects such as its benefits, technological requirements, legal considerations, cultural nuances, security concerns, enforceability challenges, capacity-building needs, case studies, and future trends. ODR stands at the intersection of technology and dispute resolution, offering unique advantages in terms of accessibility, efficiency, and cost-effectiveness. By leveraging online platforms and communication tools, parties can engage in dispute resolution processes from anywhere in the world, reducing time and resource burdens associated with traditional litigation. However, the success of ODR for cross-border disputes hinges on robust technological infrastructure, including secure online platforms and data storage systems that ensure compatibility and accessibility for users from diverse backgrounds and regions. Furthermore, the legal framework governing ODR is complex and multifaceted, involving international conventions, treaties, and regulations. Challenges related to jurisdiction, applicable law, and enforcement necessitate careful consideration to ensure fairness and accountability in ODR outcomes. Cultural and linguistic differences pose additional challenges for ODR processes, requiring sensitivity and adaptability to accommodate diverse perspectives and communication styles. Strategies for overcoming language barriers and promoting cultural understanding are essential to foster trust and cooperation among parties. Data security, privacy, and confidentiality are paramount in ODR for cross-border disputes, necessitating robust measures to protect sensitive information and comply with relevant data protection regulations. Ensuring the integrity and confidentiality of ODR proceedings is crucial to maintain trust and credibility in the process. Moreover, the enforceability of ODR awards across different jurisdictions and legal systems is a key consideration for parties involved in cross-border disputes. Mechanisms for enforcing ODR outcomes, including the recognition and enforcement of arbitral awards under international treaties, play a critical role in ensuring compliance and accountability. Capacity-building and training initiatives are essential to promote awareness and adoption of ODR for cross-border disputes among legal practitioners, mediators, arbitrators, and other stakeholders. Education and professional development programs can help build confidence and competence in using ODR tools and techniques effectively. By examining real-world experiences through case studies and examples, stakeholders can identify successful strategies and potential pitfalls to inform future ODR implementations. Looking ahead, emerging trends in ODR for cross-border disputes, such as the integration of AI, blockchain technology, and virtual reality, present exciting opportunities for innovation and improvement. However, addressing challenges related to regulatory barriers, technological limitations, and ethical considerations is essential to realize the full potential of ODR in the global context.

KEY WORDS: DISPUTES,ODR,TRANSACTION,ONLINE MEDIUM,Technological.