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ROUND TRIPPING - INDIAN DILEMMA AND INTERNATIONAL PERSPECTIVE

ROUND TRIPPING – INDIAN DILEMMA AND INTERNATIONAL PERSPECTIVE

Author – SURYA SRIRAM, STUDENT AT BENNETT UNIVERSITY

Best Citation – SURYA SRIRAM, ROUND TRIPPING – INDIAN DILEMMA AND INTERNATIONAL PERSPECTIVE, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 10-17, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Round-tripping is a phenomenon where funds are routed back to their country of origin through various mechanisms, often to take advantage of tax benefits and other regulatory arbitrage. In India, round-tripping has been a persistent issue, with significant implications for the economy, financial stability, and credibility of the financial sector. This law research paper provides a comprehensive analysis of round-tripping from an Indian perspective and explores international perspectives on the issue. The paper examines the legal and regulatory framework governing round-tripping in India and highlights the challenges faced by policymakers and regulators in addressing the issue. The research paper illustrates several measures taken to curb round-tripping, including relaxation of the existing restrictions on overseas direct investment (ODI) and foreign direct investment (FDI) by Indian parties and the adoption of a coordinated global approach to combat round-tripping.

IMPLICATIONS OF THE FINANCIAL SECTOR ON THE CONSUMER PROTECTION ACT, 2019

IMPLICATIONS OF THE FINANCIAL SECTOR ON THE CONSUMER PROTECTION ACT, 2019

Author – JAYALAKSHMI IYER VENKATRAMAN, Student at SASTRA DEEMED UNIVERSITY.

Best Citation – JAYALAKSHMI IYER VENKATRAMAN, IMPLICATIONS OF THE FINANCIAL SECTOR ON THE CONSUMER PROTECTION ACT, 2019, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 1-9, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The financial sector plays a key role in economic life because it offers consumers a wide range of products and services. However, due to the complexity of financial transactions and potential harm to consumers, it is necessary to study the effects of the financial sector on consumer protection. The purpose of this study is to find out the effects of the financial sector on the Consumer Protection Act of 2019 and its effects on the welfare of consumers. The article begins with an overview of the Consumer Protection Act 2019, outlining its objectives, key provisions and scope of the financial sector. It also discusses special rights afforded to consumers in the financial sector, such as protection against misleading advertising, unfair business practices and product liability. The research also looks at redress mechanisms available to consumers, including the establishment of consumer commissions and dispute resolution forums. Case law and examples are analyzed to illustrate the application of the law in resolving consumer complaints and ensuring fair treatment by financial institutions.  In addition, the document discusses the role of regulators in overseeing the financial sector and enforcing consumer protection regulations. It discusses the importance of financial literacy and consumer education to enable people to make informed financial decisions and navigate the complexities of the financial industry. By examining the impact of the financial sector on the Consumer Protection Act 2019, this study contributes to a better understanding of the legislative framework and regulation surrounding consumer protection in the financial sector.

KEYWORDS: Financial Sector, Regulations, Consumer Protection, Redressal

ARTICLE ON INTERNET AND SOCIETY

ARTICLE ON INTERNET AND SOCIETY

AUTHOR- ANSHIKA AGGARWAL, Student of BHAGAT PHOOL SINGH MAHILA VISHWAVIDAYALAYA, Department of Law, SONIPAT

Best Citation – ANSHIKA AGGARWAL, ARTICLE ON INTERNET AND SOCIETY, Indian Journal of Legal Review (IJLR), 1 (1) of 2023, Pg. 59-63, ISBN – 978-81-961097-8-3.

ABSTRACT

Internet is a decisive technology of the Informative age, and in the 21st century there is a development of wireless technology. We can say that the humankind is now entirely connected with great level of inequality in bandwidth, efficiency, and price. Over the past several years, the internet has transformed the world and created large, interconnected, network society. This research article contain the effects of the internet on many aspects of the society. The research is based on varieties of journals and has been described by many subjects and keywords. Lastly, the analysis highlights specific impact of internet on human beings. The contribution of this paper is highlighting the many different perspective regarding the impact of internet on society. This paper explores the potential role of the Internet in promoting equitable development in third world countries.

Keywords:- Internet, Development, Technology, Education, Society, Health.

Empowering Dalit and Minority Women: The Role of State and Central Government

Empowering Dalit and Minority Women: The Role of State and Central Government

Author – Shashank Shekhar, Student at SVKM NMIMS

Best Citation – Shashank Shekhar, Empowering Dalit and Minority Women: The Role of State and Central Government, Indian Journal of Legal Review (IJLR), 1 (1) of 2023, Pg. 52-58, ISBN – 978-81-961097-8-3.

ABSTRACT

It focuses on the challenges faced by Dalit and minority women in India, who are often subjected to discrimination and marginalization due to their caste, religion, and gender. The article highlights the importance of the government’s role in promoting social, economic, and political inclusion for these women and explores the current state of government policies and initiatives aimed at promoting equality. The article discusses the intersectionality of discrimination, gender-based violence, access to justice, empowerment and participation, and international human rights obligations. While some improvements have been made, significant disparities still exist, and the government needs to take proactive steps to address these challenges. The article concludes by offering recommendations for enhancing the effectiveness of existing policies and initiatives and promoting greater inclusion and equality for all citizens.

Keywords: Equality, Empowerment, Justice, Discrimination, Marginalization

Defamation Laws in India: Balancing the Right to Reputation and Freedom of Expression

Defamation Laws in India: Balancing the Right to Reputation and Freedom of Expression

Author – Shraddha Rai, Student at Faculty of Law, BHU, Varanasi

Best Citation – Shraddha Rai, Defamation Laws in India: Balancing the Right to Reputation and Freedom of Expression, Indian Journal of Legal Review (IJLR), 1 (1) of 2023, Pg. 48-51, ISBN – 978-81-961097-8-3.
Abstract

Defamation is a legal concept that protects an individual’s reputation and dignity from harm caused by false statements. Defamation laws have evolved over time and have been applied differently across various jurisdictions. The Indian legal system has also seen various instances of the misuse of defamation laws for political gains or to silence critics and opponents.

This paper provides an overview of the concept of defamation, its historical development, and the application of defamation laws in India. The paper discusses important case laws related to defamation in India, including the recent case of Rahul Gandhi, a prominent Indian politician who faced a defamation suit for corruption allegations.

The paper also highlights the need for balancing the right to free speech with the right to reputation and how the Indian judiciary has tackled this issue. The paper concludes with the importance of raising awareness and sensitivity in the implementation of defamation laws to prevent their misuse and to ensure that they serve their intended purpose.

Keywords: Defamation, Laws, Reputation, Expression

Cyber Crime- Types & Remedies

Cyber Crime- Types & Remedies

Author – Areej Khalid, Student at Jitendra Chauhan College of Law

Best Citation – Areej Khalid, Cyber Crime- Types & Remedies, Indian Journal of Legal Review (IJLR), 1 (1) of 2023, Pg. 42-47, ISBN – 978-81-961097-8-3.

ABSTRACT

The paper focuses on the emerging trend of online crimes and frauds. Any crime that involves a computer and a network is called computer crime also popularly known as cybercrime. Therefore, a crime which involves network and computer or is done through any digitalised platform is known as Cybercrime. There are four most common cybercrime Phishing Scam, Identity Theft, Salami Attack and Ransomware attack. The Government of India has looked into the rising rates of cybercrimes and has provided its citizens with respective legal remedies. Therefore, if a person gets victimised by these attacks there are certain legal remedies for the same that the person can seek.

Warren court - A Legal Analyses

Warren court – A Legal Analyses

Author – Haripriya S, Student at School of Law, SRM University

Best Citation – Haripriya S, Warren court – A Legal Analyses, Indian Journal of Legal Review (IJLR), 1 (1) of 2023, Pg. 38-41, ISBN – 978-81-961097-8-3.

Abstract

From 1953, when Count Warren became Chief Justice, until 1969, when Earl Warren resigned as Chief Justice, it was a constitutional revolution occurred Constitutional revolutions are rare in American history. In fact, the only constitutional revolution before the Warren Court was new. The transactional revolution of 1937, which fundamentally changed relations between the federal government and the states and between the government and the economy. Before 1937, America had great continuity   constitutional history. The first abrupt break occurred in 1937 with a new Agree with the court. Another sharp upheaval occurred in 1953-1969 with Warren Court. Will we experience a similar turnaround after this we still have to wait for 1969. However, it is certain that some resonance Warren’s trial continued at Burger Court, and perhaps even later.  The constitutional revolution initiated by the Warren Court is based on two general concepts that may have conflicted. First of all it was the idea of ​​a living constitution: a constitution that evolves with it to changing values ​​and circumstances. The other was marked updating the discourse of rights into a dominant constitutional form.

SODOMY LAWS AND THEIR EVOLUTION INTO HOMOPHOBIA

SODOMY LAWS AND THEIR EVOLUTION INTO HOMOPHOBIA

Author – JAYA MAHATY MANDALAPARTHY, Student at ALLIANCE SCHOOL OF LAW, ALLIANCE UNIVERSITY

Best Citation – JAYA MAHATY MANDALAPARTHY, SODOMY LAWS AND THEIR EVOLUTION INTO HOMOPHOBIA, Indian Journal of Legal Review (IJLR), 1 (1) of 2023, Pg. 32-37, ISBN – 978-81-961097-8-3.

ABSTRACT

Sodomy is a term that was initially defined as anal intercourse. Slowly, it included acts of sex with animals and oral sex as well. Laws against sodomy were put into place by governments across the world to prevent sexual assault. This pure intention tainted over time. With a rise in homophobic population and circulation of anti-gay ideas, sodomy laws were used to oppress and punish homosexuals for merely being themselves. The LGBTQ community in the 20th century was subject to witch hunts and their rights and freedom were curbed, if not snatched away. Sodomy was a concept brought to India by the British Raj, along with social homophobia. For ages this statute was used to accuse homosexuals of horrific acts such as child molestation despite their innocence. While many states of the US have already taken measures to remove this law, it only came to the notice of Indian judiciary not long ago. In recent times, thankfully, people are opening their eyes and finally fighting against this unjust precedent. In 2018, the Supreme Court of India decriminalized sodomy in a landmark judgment. This was a steppingstone for the queer community in India. Due to the intense backlash they face for their sexuality, this judgement provided them with protection and freedom to be themselves without as much fear. Many countries that were previously colonized and had this statute present in their law also removed it for protection of human rights. This paper aims to inform the reader about the very concept of sodomy, how it evolved in India and the US and its slow descent to decriminalization.

Key words: sodomy, sex, homosexual, oppression, decriminalization

Domestic Violence Against the Elderly – An Analytical Study

Domestic Violence Against the Elderly – An Analytical Study

Author – Aman Mujeeb, Student at Alliance School Of Law

Best Citation – Aman Mujeeb, Domestic Violence Against the Elderly – An Analytical Study, Indian Journal of Legal Review (IJLR), 1 (1) of 2023, Pg. 27-31, ISBN – 978-81-961097-8-3.

ABSTRACT

This study aims to examine and dissect elderly abuse in India and how it affects their quality of life. The present demographic system of the country shows a peak in the adult population. According to a 2011 census, 8.6% of the population constitutes the elderly, i.e., people aged 60 and above. Every year, hundreds of thousands of adults over 60 undergo abuse, neglect, or financial exploitation. Despite the number of cases, little evidence shows any intervention to thwart elder abuse. Fieldwork shows that the elderly that were abused are in a worse mental and physical state than those who were not. The elderly being physically and mentally weak and are seen to have poor decision making capabilities they are often taken advantage of and exploited despite rules and regulations existing in the state to prevent them from abuse. It maybe because rules are not stringent or maybe because of the inadequate knowledge and unawareness regarding the existing laws in force. The elderly are often ignored and their basic rights are often violated. This paper analyses how elder abuse takes place what leads to it and why it is not reported in large scale.

Keywords: domestic violence, elderly, mistreatment

The Indian Version of Human Rights

The Indian Version of Human Rights

Author – Sifat Aasiya Ajmeri, Student at Amity law school, Noida

Best Citation – Sifat Aasiya Ajmeri, The Indian Version of Human Rights, Indian Journal of Legal Review (IJLR), 1 (1) of 2023, Pg. 21-26, ISBN – 978-81-961097-8-3.

ABSTRACT

Human rights is Rights inherent to all human beings, regardless of race, religion, ethnicity, nationality, gender, sexual orientation, disability status or any other characteristic. India is a democratic country that guarantees certain rights to its citizens under the Constitution. . The Constitution of India is the supreme law of the land and it guarantees certain rights to its citizens. These rights include the right to equality, freedom of speech and expression, freedom of religion, and the right to life and liberty. This research paper will take you to a journey of human rights in india which will include historical developmet, the laws protecting human right,,  NHRC establishment and its purpose.This paper will also tell people’s role in human rights protection.

Keywords– human rights, constitution, fundamental rights, NHRC, Article 21.