FOOD FORTIFICATION: AN EFFECTIVE TOOL TO COMBAT HIDDEN HUNGER?

Authors: Srushti S Kekre, Student of Gujarat National Law University

Best Citation – Srushti S Kekre, FOOD FORTIFICATION: AN EFFECTIVE TOOL TO COMBAT HIDDEN HUNGER?, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 329-338, ISSN – 2583-2344.

ABSTRACT

Hidden hunger is one of the most profound socio-economic issues across the globe.  It is the root cause of many diseases, lower immunity, irreversible abnormalities and lesser economic security. Food Fortification has been practised globally to mitigate hidden hunger. It is a remarkable technological advancement with multiple benefits. In many countries viz. Canada, Switzerland and Nigeria fortification practices have improved the health and immunity of the target population. However, indiscriminate use of fortification may lead to degradation of public health.

India has been practicing voluntary fortification of various food products since the 1950s. Fortified rice and wheat in various districts of Odisha and Bengal have significantly improved the health of women and children. Recently, the Food Safety and Standards Authority of India has proposed mandatory fortification of edible oil, milk and rice from 2024. Health of the people is one of the most imperative aspects of public policy and fortification practices will yield results only if implemented in a systematic manner on the basis of comprehensive law or guidelines. This article makes an attempt to analyse the impact of mandatory fortification on the target population. Further, the article discusses the lacunae in the existing legal framework regarding food fortification practices. Lastly, the article will conclude with plausible solutions which can be adopted in the best interest of all the stakeholders.

Emerging Paradigm of WTO for the Trade and IPR Growth of Afghanistan: A Legal Discourse               

Authors: Sayed Mahdi Sadat Nasiri, Student of American University of Afghanistan

Best Citation – Sayed Mahdi Sadat Nasiri, EMERGING PARADIGM OF WTO FOR THE TRADE AND IPR GROWTH OF AFGHANISTAN: A LEGAL DISCOURSE, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 321-328, ISSN – 2583-2344.

Abstract

WTO membership has always been a key component of Afghanistan’s overarching strategic goals. Joining the WTO was seen as a chance for a post-conflict, landlocked, and least-developed economy to create economic stability, enhance regional security and cooperation, reduce poverty, and bring about peace. Afghanistan has been trying to join the multilateral trading system for eleven years. The article analyses the advantages and disadvantages of Afghanistan’s WTO membership while seeking to explain the difficulties that would arise after accession. Afghanistan’s development priorities will be met by the terms and conditions of its WTO membership. Among them include promoting domestic reforms for the country’s transition to a prosperous market economy, luring capital, and job-generating investments. The study employed a doctrinal method of research and was limited to the accession of Afghanistan to the WTO.

Keywords:WTO, TRIPS, Accession, role of WTO in Afghanistan, trade and service

CONFLICT BETWEEN COMPETITION LAW AND INTELLECTUAL PROPERTY RIGHTS: COMPARATIVE STUDY BETWEEN INDIA AND THE USA

Authors: SURIYA ADILA, Advocate from GUJARAT NATIONAL LAW UNIVERSITY

Best Citation – SURIYA ADILA, CONFLICT BETWEEN COMPETITION LAW AND INTELLECTUAL PROPERTY RIGHTS: COMPARATIVE STUDY BETWEEN INDIA AND THE USA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 314-320, ISSN – 2583-2344.

ABSTRACT

The hallmark of contemporary modern world is technological advancement and rigorous economic activity. Technological advancements and economic activities have reached unimaginable heights and continue to grow even further. The end goal of this technological advancement and economic activity is to serve the people, primarily by increasing the standard of living of the people, or to put it in other words welfare of people is the end goal. The two most important laws, which the states use to oversee or regulate the sphere of technological and economic activity are Competition Law and Intellectual Property Rights laws.

Both the legal regimes, Competition Law and Intellectual Property Rights law, seek to serve the same purpose of economic development, enhancing innovation and technology, and welfare of the consumer. Thus, arises the interesting discourse of how two legal regimes, intending to serve the same purpose come into apparent conflict with each other. The simplistic answer to that question can be that it perhaps is the inclusionary approach of one and exclusionary approach taken by another that brings these two legal regimes into an apparent conflict with each other. The IPR law regime, though cannot be faulted for granting exclusionary rights to the inventor for her invention as it is just and fair that an inventor is rewarded for his creation, however again the emphasis must be welfare of people. Thus, the moot question that ultimately comes forth is, how are the rights of inventor balanced to ensure that the welfare of people is maintained, and the purposes of Competition Law is not defeated.

AI AND THREAT TO PRIVACY

Author – Kratika Kushwah & Mohita Mullick, Students of Amity University, Lucknow

Best Citation – Kratika Kushwah & Mohita Mullick, AI AND THREAT TO PRIVACY, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 296-313, ISSN – 2583-2344.

ABSTRACT

In recent years, artificial intelligence (AI) has advanced at a rapid pace. AI tools are increasingly being employed by both private entities and public sector organisations throughout the world. AI’s capabilities today soon provide widespread and significant advantages to individuals, institutions, and society. However, these same technological advancements present serious concerns, such as the conflict between AI and data protection legislation.

Answers are being sought by regulators, organisations, researchers, and practitioners from numerous fields. Privacy specialists are also becoming more active in AI governance. They have the task of interpreting the complicated interplay between privacy legislation and larger trends concerning the ethical use of AI. With government authorities increasing their enforcement, rulemaking, and legislation in this complex arena, it is critical that organisations understand the current privacy requirements for AI, those on the horizon, and the resources available to build a compliant data protection framework for AI applications.

As a result, we have both the chance and the responsibility to assess the effectiveness of present data protection legislation in light of 21st-century technical developments. While compliance with existing data protection rules is crucial, a better long-term strategy is to view the issues posed by AI as another wake-up call that our current approach to data protection is becoming increasingly antiquated and ineffective. In this view, data protection regulation must be strengthened in order to safeguard privacy, properly handle the issues posed by AI, and avoid introducing needless, bureaucratic hurdles to the advantages of AI.

Keywords: AI legislation, Data protection, Privacy, Ethics, Technological advancement

AN ANALYSIS OF MAJOR PROVISIONS OF THE NEW COMPETITION AMENDMENT BILL, 2022

Authors: Gayathri S Pillai, Student of National University of Advanced Legal Studies

Best Citation – Gayathri S Pillai, AN ANALYSIS OF MAJOR PROVISIONS OF THE NEW COMPETITION AMENDMENT BILL, 2022, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 289-295, ISSN – 2583-2344.

ABSTRACT

The market space has been ever-evolving in this trade-centric world. Maintaining healthy competition without the involvement of unfair trade practices in the market is crucial for the development of society. But is the current competition law regime in India adequate? The Competition Bill has been passed in this context. This research paper tries to analyze the major provisions of the new Competition Amendment Bill. Some of these changes are definitional changes, changes in threshold level, changes in timelines, the inclusion of hub and spoke cartel, etc. Other changes are also discussed in this paper. It also tries to focus on the areas where improvements can be made. Thus, in this research paper, the author attempts to bring in suggestions by analyzing the major changes incorporated through the Competition Amendment Bill.

A PHILOSOPHICAL ANALYSIS ON THE LEGALISATION AND REGULATION OF PROSTITUTION IN INDIA

Authors: Nithika Elizabeth Rebello, Student of CHRIST (Deemed To Be University) Bangalore.

Best Citation – Nithika Elizabeth Rebello, A PHILOSOPHICAL ANALYSIS ON THE LEGALISATION AND REGULATION OF PROSTITUTION IN INDIA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 282-288, ISSN – 2583-2344.

ABSTRACT

Prostitution can be defined as any practice or engagement in sexual activity with another person for payment of money or another form of gain in return. Prostitution is not recognized as a profession in India and is criminalized. According to the Indian Penal Code, 1860 [1](IPC) activities, such as soliciting, owning a brothel are punishable. Section 4 of the Immoral Traffic (Prevention) Act, 1956 [2]provides for the punishment of any person who makes an earning from prostitution. The criminalisation of prostitution leads to a vicious cycle of segregation and marginalisation of sex workers from the rest of society.

The question arises on whether prostitution is recognised as a profession from a philosophical point of view and if so, whether it must be brought under the regulation of the state. This paper by analysing legal theories of philosophy aims to examine the scope of morality related concepts to understand the ambiguity in the provisions of the Immoral Traffic (Prevention) Act which criminalises prostitution in India. It also seeks to make suggestions for incorporating the legal theory of liberal feminism in an effort to demonstrate that legalisation and regulation would generate better results.

KEYWORDS: Legalisation, morality, philosophy,  prostitution, regulation, state

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[1] Indian Penal Code, 1860, No. 45, Acts of Parliament, 1860 (India).

[2] Immoral Traffic (Prevention) Act, 1956, § 4, No. 104, Acts of Parliament, 1956 (India).

VARIOUS MODELS OF FEDERALISM & ITS DEVELOPMENT IN INDIA :  AN ANALYSIS

Authors: Pratibha Sahu, Student of CHRIST (Deemed To Be University) Bangalore.

Best Citation – Pratibha Sahu, VARIOUS MODELS OF FEDERALISM & ITS DEVELOPMENT IN INDIA :  AN ANALYSIS, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 271-281, ISSN – 2583-2344.

ABSTRACT

The present research paper aims at studying and describing the system and process of federalism in India. This paper further aims to explain their efficiency in terms of how well they work in tandem with India’s nation building and state formation initiatives. The fundamental tenet of Indian government is federalism. The concept of Indian federalism is dynamic. Over the years, it has transformed into a parliamentary system in its most recent iteration. The evolution and transformation of Indian federalism over several decades has given rise to two major concepts and forms of federalism, those are co-operative federalism and competitive federalism which are also incorporated in the Constitution of India. Examining and analysing the effectiveness of these two is the central point of focus of this research paper. Therefore, in this research paper, we will be examining Indian system of federalism with special reference to two of its important forms that is co-operative federalism and competitive federalism and their effectiveness in terms of building healthy co-relation between the Centre the state and vice-versa and also between states and states. This research article is also an attempt to sum up the debate on whether it’s to co-operative federalism or competitive federalism that is most compatible for Indian Centre-state relation reform and nation building, growth and development in whole.

Keywords – Federalism, Co-operative federalism, Competitive federalism, Indian federalism, Centre-state.

TRAVERSING THE BANKING LAW ON PUBLIC SECTOR BANKS IN INDIA

Authors: Shrey Sahai, Student of CHRIST (Deemed To Be University) Bangalore.

Best Citation – Shrey Sahai, TRAVERSING THE BANKING LAW ON PUBLIC SECTOR BANKS IN INDIA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 263-270, ISSN – 2583-2344.

ABSTRACT

In India, several reforms over the past few decades have been taken on by the country’s public sector banks. Currently, there is a major crisis in the public sector banking industry. The purpose of this study is to suggest ways forward in the effort to create a reliable Public sector Banking system in India. An overview of the background is provided, and a statistical analysis of the current state is performed so that appropriate solutions can be proposed. The difficulties are listed under many topics, including nonperforming assets (NPAs), the need for recapitalization, governance problems, a dearth of qualified workers, and more. Based on these difficulties, suggestions have been made to improve the government and the economy. The authors made an effort to critically analyze the issue by drawing parallels to other countries while keeping their Indian heritage in mind. Finally, without placing too much emphasis on privatization, alternatives have been presented that will allow Public Sector Banks to retain their identity. Extreme measures for rebuilding have been emphasized. The primary challenges experienced by PSBs have been addressed to the best of our abilities.

KeyWords: Public Banks, Government, Banking Law, Non-Performing Assets, Nationalisation.

The Tiff between Intention of the Legislature and Judicial Interpretation in the Interpretation of Statutes.

Authors: Pragathi U Bhat, Student of Faculty of Law, PES University

Best Citation – Pragathi U Bhat, The Tiff between Intention of the Legislature and Judicial Interpretation in the Interpretation of Statutes, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 256-262, ISSN – 2583-2344.

Abstract:

The term legislation or statute is commonly defined as the will of the legislature that is backed by sanction and enacted by a competent authority. Interpretation of a statute is the process by which the meaning behind the legislature is sought. In countries that follow the doctrine of separation of powers, the rule of thumb is that the legislature makes the law and the judiciary administers the law and in doing so interprets the law. Over time, the Courts have devised various rules to guide the process of interpretation of legislations. The rule of giving effect to the intention of the legislature holds a significant position in the principles of interpretation of statutes. This rule entails that the interpretation should be such that it achieves the intention of the makers of the legislation. It is expected of the courts to enforce the intention with which the legislature was enacted. This paper aims to examine the principle of interpretation regarding the intention of the legislature. The paper seeks to highlight the defects of the principle of legislative intent and the need to eliminate the defects for efficient interpretation of statutes. Furthermore,the paper also aims to analyse the power of the principle of legislative intent in overriding the power of the judiciary to interpret laws.

THE ROLE OF PUBLICATION IN DELEGATED LEGISLATION: A CRITICAL STUDY

Authors: Adv. NAVEEN SAJU, Student of CHRIST (Deemed To Be University) Bangalore.

Best Citation – Adv. NAVEEN SAJU, THE ROLE OF PUBLICATION IN DELEGATED LEGISLATION: A CRITICAL STUDY, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 250-255, ISSN – 2583-2344.

ABSTRACT

“Delegated legislation does not come into force until published – Griffith & Street”

                India unlike many other countries who adopted democracy as the creed of the Constitution, was able to continue as a democratic nation even after its 75^th year of Independence. One of the major reasons for the same is the trust of the people in our Constitution and on other governing authorities. The three organs of the government, that is, the legislature, the executive and the judiciary play a very prominent role in the administration and rendering of justice that can be availed by the common citizens. The legislation is mainly done by the legislature and the authorities coming under these legislative wings proposes and made laws that are used for governing as. Sometimes the legislative powers are sub delegated from one person to another based on various circumstances. Here comes the importance of the aspect of delegated legislation. It is possible to pass these legislative functions to another person unless and until the law prohibits the same, but it is essential to make the concerned publication regarding the matters related to delegated legislation to the common public also. The problem with the publication of delegated legislation arises at many times in many cases in India itself and the Supreme Court also stated that unless the delegated legislation is published, it cannot be enforced[1]. So, it is a necessary matter to publish the same towards the common public to let them know that so and so things are delegated from one authority to another.

Keywords:Delegated Legislation, Publication of Delegated Legislation, Executive Authorities, Procedural Ultra Vires

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[1] Harla v The State of Rajasthan (1951 AIR 467, 1952 SCR 110)