CRITICAL ANALYSIS OF THE PRISONERS’ RIGHTS VIZ A VIZ ARTICLE 21

Authors: Shejal Harichandan, Student of School of Law, Christ University

Best Citation – Shejal Harichandan, CRITICAL ANALYSIS OF THE PRISONERS’ RIGHTS VIZ A VIZ ARTICLE 21, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 163-168, ISSN – 2583-2344.

ABSTRACT

The world’s justice system revolves around punishing the individual who has acted or omitted in a way that has resulted in the loss of our self-evident rights. The laws relating to the rights of prisoners are very dynamic. The rights now granted to prisoners may not have been available to them during the period of independence or British rule. The pre-Independence period was a dark period for the Indian Criminal Justice System in terms of treatment of prisoners, when the British used incarceration and even minor offenses could result in the individual’s execution. The purpose of this study is to probe into the treatment of the prisoners in the prison with respect to whether a violation of Article 21[1], which talks about the life and personal liberties’ rights that are vested with us, is occurring or not. As we know, our Indian society is based on the principles of respect for each other, non-violence, and the dignity of the human being, so if a person acted or omitted something resulting in him committing a crime, it does not mean that he will or should be considered a human being again. And if there is any violation of Article 21, this leads to a violation of Article 14[2]. Here, Article 14 talks about the “A.V. Dicey’s Rule of Law” where equality before the law and equal protection of the laws are emphasized. So, everybody is equal in the eyes of law, so violating it would mean that they are not being treated as human beings by giving them their unalienable rights.

Keywords: Indian Criminal Justice System, Article 21, Article 14, Unalienable rights

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[1] The Constitution of India, 1950

² Ibid.

“CRITICAL ANALYSIS OF MOVABLE & IMMOVABLE PROPERTY.”

Authors: Spandana Reddy Bommu, Student of Symbiosis Law School, Hyderabad

Best Citation – Spandana Reddy Bommu, CRITICAL ANALYSIS OF MOVABLE & IMMOVABLE PROPERTY, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 153-162, ISSN – 2583-2344.

ABSTRACT:

The paper “A Critical Analysis of Movable and Immovable Property” examines the numerous elements associated with the concept of property within the Indian legislative structure. The initial chapter briefly introduces the subject property and its application to The Transfer of Property Act. The Act’s particular legislative elements are presented in the subsequent section, which outlines the distinctions between moveable and immovable property. The researcher also addressed how ambiguous terms and concepts have resulted in ambiguity in establishing clear delineations among the two types of property structures within the legislative system of India. The author also examines the debate in the Law Commission’s findings over what characterises “movable and immovable property”. The fifth and the last section explore the legal decisions which opened ground for the development and evolution of the moveable versus immovable property conflict. It also distinguishes English and Indian law. In addition, Indian cases have been thoroughly discussed later, where the Judiciary has articulated specific rules to clarify the ambiguity about this property categorisation.

KEYWORDS: Movable, Property; Immovable, Law Commission, Transfer of Property Act.

Critical Analysis of Character Merchandising and its impact on Intellectual Property Rights

Authors:  Pooja, Student of Christ Deemed to be University

Best Citation – Pooja, Critical Analysis of Character Merchandising and its impact on Intellectual Property Rights, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 148-152, ISSN – 2583-2344.

Abstract

Many entertainment firms started a separate channel for cartoons to cover the global level audience of children. The customizable products allow the customers to choose which character they want in their product. A character is used as a tool for the promotion of products and it leads to a brand image for business firms. Such brand images are liable to be protected from commercial exploitation. The lacuna that is found in the Indian Legal system is the absence of specific legislation regarding personality rights and image merchandising. This paper analyzes the growth and impact of character merchandising in market and its implications on constitutional rights of individual. In addition to that, the relationship between intellectual property violation and character merchandize is also brought out. The research methodology adopted is a combination of qualitative and doctrinal research method.

CRITICAL ANALYSIS OF ADOPTION UNDER MUSLIM LAW

Authors: HARSHADI RAJESH PATEL, Student of SYMBIOSIS LAW SCHOOL, HYDERABAD

Best Citation – HARSHADI RAJESH PATEL, CRITICAL ANALYSIS OF ADOPTION UNDER MUSLIM LAW, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 141-147, ISSN – 2583-2344.

ABSTRACT

Due to COVID, which resulted in many of the children losing both of their parents, adoption level increased in today’s society. The significance of adoption has been widely acknowledged, and many people view it as a noble deed. Adoption is frequently chosen by couples who are unable to have children naturally for various reasons. So, why does Islam or Muslim law forbid adoption in its faith at this age where in comparison every other religion promotes it? This research paper looks at the history of the well-known prophet Mohammad and tries to explain why Muslim law forbids adoption in its culture. During his reign, the Prophet Mohammad expressed a range of views on adoption. This research study cites numerous books, papers, and written works in order to understand learn about various legal scholars’ perspectives and how they interpret the prohibition on adoption. This research paper will also examine the current state of adoption rights in India and how they are being used, as well as how they have changed in relation to Muslim law in particular and whether or not the society is accepting of these changes. Finally, this paper will examine whether the Muslim legal system currently in place is adequate to address the adoption procedure, as well as the inheritance, legacy, and lineage rights of the adopted kid and the adoptive parents. As the ideas are Sunnah (what is perceived to be the consensus), there has been relatively little research on the rights of adoption in Muslim law.

KEYWORDS: Adoption, Muslim Law, Quran, Sponsoring, Inheritance.

CONSTITUTIONAL SAFEGUARDS TO CIVIL SERVANTS

Authors: ALEENA MARIA MONCY, Student of Christ (Deemed to be University)

Best Citation – ALEENA MARIA MONCY, CONSTITUTIONAL SAFEGUARDS TO CIVIL SERVANTS, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 134-140, ISSN – 2583-2344.

ABSTRACT

In this evolving era, there has been an increase in the demand for civil servants where special emphasis on the conduct of civil servants has been given. The rules and legislations concerning the conduct and safeguards for civil servants has been an issue of concern where various developments have been made based on changing conditions. This paper focuses on the constitutional safeguards concerning civil servants where the rules, regulations, legislations and so on are discussed. The researcher has emphasized on various processes like disciplinary proceedings where an in-depth analysis on the same has been done with the help of different case laws. As civil servants have an integral role in the overall functioning of the society, the significance of safeguarding their interest has been studied considering the surrounding circumstances. The services made available to people by the civil servants as per their needs and requirements are regulated through use of effective rules and laws. The main focus of the researcher is on the safeguards provided to the civil servants where apt measures are taken to enhance the overall functioning of the system.

The processes concerning administrative officials and civil servants have been discussed in this paper where the researcher has analyzed various instances to explain the functions and operations carried out by such authorities. Here the researcher has analyzed various conditions in which the dismissal or removal of civil servants can be done along with other exceptions to get a clear idea on the same. As there is a significant role for the civil servants in the present society, the researcher has analyzed the concept with the help of different case laws and legal provisions to develop an enhanced understanding about the services provided by civil servants. In this paper, various provisions in the Constitution of India have been analyzed to understand the application of the same with exceptions. The changes in the nature of the civil services can have an impact on the overall functioning of various systems in the society which is carefully analyzed to conduct a better study on various related aspects.

KEYWORDS Safeguards, constitutional remedies, authority, civil servants

Chronicle Causes for the Failure of the Afghan Government: Past Imperfect and Future Tense of Afghanistan

Authors: Prof. (Dr.) TR Maruthi, Professor of Law, University of Mysore

Best Citation – Prof. (Dr.) TR Maruthi, Chronicle Causes for the Failure of the Afghan Government: Past Imperfect and Future Tense of Afghanistan, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 128-133, ISSN – 2583-2344.

Abstract

This article examines the chronicle causes that fuelled the collapse of the Afghan government and the contention of this paper is to highlight what went wrong, that Afghanistan experienced with the failure of the Constitution 2004 and the republic also dissolved.  The study employed doctrinal legal research in which normative approaches were to evaluate the literature to acquire the required legal propositions. The literature gathered and used in this study will include secondary, primary, and legal documents. Keywords: Afghanistan Crisis, Afghan Government, Taliban regime, and US Withdrawal

Analysis of Cross Border Insolvency in India: A suggestive approach

Authors: Venkata Sai Revanth Rao Maddi & Pranav Deepankar Ketheneni, Students of Alliance University

Best Citation – Venkata Sai Revanth Rao Maddi & Pranav Deepankar Ketheneni, Analysis of Cross Border Insolvency in India: A suggestive approach, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 117-127, ISSN – 2583-2344.

ABSTRACT

In India the regulatory body for all the banks i.e. the banking Centre is Reserve Bank of India which is established under Reserve Bank of India Act 1934 under Hilton Young Commission. It regulates all the commercial banks in the state and controls them by giving licenses to involve in the activities of finance. So, basically it is the “banker to the bank”. In its annual report for the year 2020-21 it has stated that almost crores of money in frauds and Insolvency. And almost 74% of citizens of India who are actually directly depositing their sum in banks have never received the money from the banks through which it was lost in frauds and scandals. This is actually not a good sign for a developing country like India where there is population which is middle class is more and the rate of poverty is more at the same time. If there are no such measures taken and adopted in order to cope with such frauds then it would ultimately lead to financial crisis and the citizens who are actually depositing their sums in banks might change their opinion and slowly lose faith in banks. So, if that is the case the RBI will not have any such control on the currency and banks would not be able to maintain Statutory Liquidity Ration.

So, considering this as a point for our research we would like to analyze two major financial Cross border Insolvency scams in India and the loopholes of such undertaking. Accordingly we would even analyze at the same point of the advantages which were being in favour of such Economic offenders. And then conclude our research with the measures in order which can undertake to avoid them through our analysis.

Keywords: Regulator, Statutory Liquidity Ratio, Financial Fraud, Economic Offenders, Insolvency

An empirical research on provisions related to the health and safety of women garbage collectors in Chennai.

Authors: K. Niranjana Devi, Student of Central University of Tamil Nadu

Best Citation – K. Niranjana Devi, An empirical research on provisions related to the health and safety of women garbage collectors in Chennai, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 106-116, ISSN – 2583-2344.

Abstract

In India, ragpickers type the bottom of the hierarchy of the informal sector of solid waste management. Assessment of general and gender-specific health of women is conducted during this study seeable of the dearth of revealed proof. India is a well-developing country at the same time lots of problems occurred in India. In India, there are lots of provisions related to women. Much of women’s work has traditionally been carried out within the context of the family:  growing food on a family plot; finding fuel, gathering water and preparing foods for family  members; spinning, weaving, and sewing the garments worn by that family; cooking and washing  for the family and looking after its children and its sick and elderly members. As women move beyond their traditional occupations, they meet new health hazards which may  either replace or add to their existing occupational exposure. Women’s labour force participation  rates have increased steadily, and not only in industrialized countries. The dramatic economic  successes of the newly industrialized states of Asia, for example, are substantially a reflection of  the increasing feminization of labour in this region. In these economies, female workforce  participation rates increased far more rapidly than male from the 1960s, although their jobs were  largely less-skilled and poorly paid. Women workers formed the largest pool of workers in  export-oriented light industries, such as electronics and textiles, which underpinned economic expansion and conditions. In this research, the author mainly takes surveys from 1500 people and analyses whether garbage collectors have safety gloves and other safety equipment with them and how they have ensured safety from health disorders.

KEYWORDS: Management, labour force, women, garbage, hazard.

AN ANALYSIS OF ATTEMPT UNDER PENAL LAWS

Authors: ADITYA RAJ PANDEY, Student of SYMBIOSIS LAW SCHOOL, HYDERABAD

Best Citation – ADITYA RAJ PANDEY, AN ANALYSIS OF ATTEMPT UNDER PENAL LAWS, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 100-105, ISSN – 2583-2344.

ABSTRACT

Attempt, an offence and now a days very debatable topic as well. The main debate is to decide the punishment for the attempt, as it is also considered as a crime under Indian penal Code. Attempt is a an inchoate crime whose literal meaning is those crimes or wrongs which is just started or it is in budding stage only. By adding some more to inchoate crimes, we can say that it can be left unfinished or just incomplete. Now, as we all know that everything which is wrongful or which violates any law is a punishable and hence we called it as a crime. With the objective to tackle the rate of crimes and hence to lowered it, we passed and enacted some set of rules and regulations by the name of Indian Penal Code. These set of rules was passed during the pre independence period and since then we are applying IPC to punish the wrongdoers. Indian Penal Code contains different punishments for various different crimes but there are always some dilemmas when it comes to attempt to commit any crime. Attempt in general sense, it the efforts we made for the completion of any work. In this research paper, we try to define attempt in the better manner and also try to study on attempt in the more thorough and comprehensive way possible. 

Keywords – Inchoate Crimes, Attempt, Mens Rea, Actus Reus.

ADVENT OF ONLINE DISPUTE RESOLUTION IN INDIA

Authors: K Veena Subashree, Student of Christ School of Law, Bengaluru

Best Citation – K Veena Subashree, ADVENT OF ONLINE DISPUTE RESOLUTION IN INDIA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 88-99, ISSN – 2583-2344.

ABSTRACT

The current eminence of online dispute resolution is gaining momentum and pace, regarding the pandemic period and the post pandemic period in the modern world. Though the expeditious growth of Online Dispute Resolution was a result of pandemic, it served quite the significant change in the current set up of dispute settlement sphere. The basic intent of this kind of mechanism is to negotiate and resolve disputes between parties, who are either restricted by distance or are in a need to seek a solution that fits all. The process of online arbitration in depth regarding electronic forms of mediation, conciliation, negotiation, med- arbitration and few others are given importance. The paper also throws light on some of the relevant provisions under various acts regarding the given topic. It tends to examine the relatable case laws and current trends coming into the digital market, with the rise of wave of innovation. With the influence of technology, e-governance has gone a long way in making the dispute settlement process more effective and reliable in recent times. The paper shall also focus on covering the shortcomings of the present provisions, and drawbacks of the mechanism and give recommendations to the same. Moreover, emphasis shall also be laid on the suggestions as to what more new innovative things can be incorporated in order to make the process of online arbitration run more smoothly and effectively.

Key words:  convenience of parties, witness tampering, collaborative mechanism, legal framework, synchronized communications.