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DISCERNING THE ASPECTS OF DATA LOCALIZATION IN A GLOBALIZED WORLD

DISCERNING THE ASPECTS OF DATA LOCALIZATION IN A GLOBALIZED WORLD

Author – Shrirang Ashtaputre, Law Graduate from ILS Law College, Pune.

Best Citation – Shrirang Ashtaputre, DISCERNING THE ASPECTS OF DATA LOCALIZATION IN A GLOBALIZED WORLD, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 1-9, ISSN – 2583-2344.

ABSTRACT

Undoubtedly, data privacy is an integral facet of the 21st century and often, business entities seek to uphold it at all costs by complying with the various requirements with that regards prevailing across numerous jurisdictions. Especially in an era where globalization virtually dominates economic practices and plays a pivotal role in the building of any robust economy, to reap maximum profits, without compromising upon its duty to safeguard the fundamental interests of the customers or general citizenry. To that effect, it is necessary to discern the mannerism in which the business entities indulge in international trade and commerce by balancing it well with the diverse data localization requirements prevailing across countries. Referred to as the practice of storing data in a jurisdiction from where it originated, data localization requires the storage of data from where it is collected rather than transferring it outside its territorial jurisdiction for processing etc. It is a fact, that in contemporary times, data is an inseparable facet of any commercial transaction and to prohibit its misuse, either by any business entity or a nation where the data may be transferred, aspects of data localization introduced by countries. Understanding the aspects of data localization prevailing across developed democracies of the world, the Author, through the medium of this paper, shall highlight relevant case laws about it, besides divulging the extent to which it seeks to regulate globalization. Briefly, the Author, through the medium of this paper, seeks to assess the ways to which nations resort to, for the sake of transferring data to other countries, for the purposes for which it is collected in the first place.

Keywords: Data-Privacy, Data Localization, Data-Transfer, Globalization, Standard Contractual Clauses

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A STUDY ON THE HUMAN RIGHTS IMPLICATIONS OF INDIA’S SURROGACY (REGULATION) ACT, 2021

AUTHOR – VARSHA D. VYAS*, DR.ARSHI PAL KAUR** & DR. SHOBHA GULATI***

* RESEARCH SCHOLAR AT LAW SCHOOL, LOVELY PROFESSIONAL UNIVERSITY. ORCID ID- 0009-0005-5894-9766

** ASSISTANT PROFESSOR AT DEPARTMENT OF LAWS, GURU NANAK DEV UNIVERSITY REGIONAL CAMPUS GURDASPUR. ORCID ID- 0009-0008-8973-6212

*** ASSOCIATE PROFESSOR AT LOVELY PROFESSIONAL UNIVERSITY

BEST CITATION – VARSHA D. VYAS, DR.ARSHI PAL KAUR & DR. SHOBHA GULATI, A STUDY ON THE HUMAN RIGHTS IMPLICATIONS OF INDIA’S SURROGACY (REGULATION) ACT, 2021, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 816-819, ISSN – 2583-2344.

This Article is Participated and Presented at 2nd National Conference on the Constitutional Law, 2023 on 26th January, 2023 conducted by Institute of Legal Education (ILE) and published in Conference Edited Book (ISBN – 978-81-960384-7-2)

Abstract

The Surrogacy (Regulation) Act, 2021 represents a major shift in India’s legal framework governing assisted reproductive technologies. Enacted to curb unethical practices and protect surrogate mothers from exploitation, the Act bans commercial surrogacy and permits only altruistic surrogacy under strict eligibility conditions. While the law aims to safeguard dignity, equality, and bodily autonomy, it has also raised substantial human rights concerns—especially with respect to reproductive autonomy, right to parenthood, equality for LGBTQ+ individuals, single persons, and foreign nationals. This paper critically examines the human rights implications of the 2021 Act as relevant up to the year 2022, analysing its strengths, limitations, and impact on vulnerable groups. It concludes with recommendations for balancing ethical safeguards with reproductive choice and non-discrimination.

Keywords: Surrogacy, Human Rights, Bodily Autonomy, Reproductive Rights, Commercial Surrogacy, Surrogacy (Regulation) Act 2021, Equality, Parenthood Rights.

Case Commentary - BIJOE EMMANUEL & ORS VERSUS STATE OF KERALA & ORS

Case Commentary – BIJOE EMMANUEL & ORS VERSUS STATE OF KERALA & ORS

Author – Rubini B, Student of Sathyabama Institute of Science and Technology.

Best Citation – Rubini B, Case Commentary – BIJOE EMMANUEL & ORS VERSUS STATE OF KERALA & ORS, 2 (5) & 55 of 2022, IJLR.

ABSTRACT

The National Anthem which proves our Patriotism toward our country. The National Anthem shows our belief, culture, sufferings, cause, triumphs which   we all suffered and faced together. A song keeps all people in the country together as one. It’s played wherever; it gives you a homely presence and pride in our heart by hearing it. It has a sense of pride and strong emotions of Patriotism for the country. The National Anthem is played at assembly of school and college culturals, theatre, and in inauguration of programs and events. While playing it, we as a citizen need to stand by showing respect towards it and it inculate pride, respect, nationalism and a sense of unity and identity of our country. In India, The Prevention of Insults to National Honour Act, 1960; section 3 of the act has punishment of extended 3 years imprisonment or fine or both, when anyone interrupts or prevents or cause disturbance while singing National Anthem. The court has exercised its authority under Article 19(1)(a) of Indian constitution to protect people’s freedom of speech and expression and to maintain 25(1) constitutional principle, when the government has failed to do so. This paper is aimed to examine the supreme court order using article 19(1)(a) and 25(1) in the Constitution of India; 1949 in the case of BIJOE EMMANUEL Vs. STATE OF KERALA.

Keywords: National Anthem; Supreme Court; Jehovah’s Witness; Expulsion; Religious belief.

Case TitleBIJOE EMMANUEL & ORS V. STATE OF KERALA & ORS
Case NoCIVIL APPEAL NO. 870 OF 1986
Date Of The Order11-08-1986
JurisdictionSupreme Court Of India
QuorumHon’ble Mr. Justice Chinnappa Reddy J
Author Of The JudgmentHon’ble Mr. Justice Chinnappa Reddy J
AppellantBijoe, BinuMol, Bindu Emmanuel
RespondentState of Kerala
Counsel For AppellantAdvocate F.S Nariman, T.S. Kishnamurthy Iyer, K.J. John and M. Jha for the Appellants.
Counsel For RespondentAdvocate G. Viswanatha Iyer and Mrs. Baby Krishnan for Respondent Advocate P.S. Poti, E.M.S Anam and James Vincent for the Respondents.
Acts And Sections InvolvedIndian Constitution, 1949 Article 19(1)(a)Article 25(a)     Prevention Of Insult To National Honour Act, 1960

Section 3   –  Kerala Education Act, 1959 with the Kerala Education Rules, 1959Section 36, Chapter IX Rule-6.

I.             INTRODUCTION:

Supreme Court Justice C.O. Reddy has represented the law and hon’ble of Court and He is a gem of the Supreme Court. He is known for his Proactive Judgment which changed the judicial history of India. As a judge; before his retirement he gave landmark judgments by his extraordinary powers of the court of law under Article 19(1)(a) and Article 25(1) in the Constitution of India; 1949 to do complete justice. By this paper; we analyses and clearly discuss this verdict regarding the importance of the National Anthem and Individual rights.

II.             FACTS OF THE CASE:

The appellant 3 students Bijoe; Binu Mol and Bindu Emmanuel who studied in a school in Kerala. They attend school religion assembly daily; when the National Anthem song; they don’t sing with other students due to their Jehovah’s Witnesses religious faith; but they stood up in attention by showing respect towards anthem and their two elder sisters also studied in the same school and done the same activity but no one notices it. In July 1985, one day a member of Legislature Assembly noticed their activity in assembly; he thought it was unpatriotic and appointed a commission to investigate. The Commission reported children well behaved and didn’t show unpatriotic towards the country. But the head mistress expelled students from the school following the instruction of the Deputy Inspector of School. The father of children pleaded with their head mistress to allow children’s inside the school but the head mistress shows her inability to do it.

Appellant filed writ petition in high court was rejected by a single learned judge and then division bench also rejected it. Later High Court passed an order according to the Kerala Education Act; 1959 under section 36 enables The Kerala Education Rules, 1959; Rule 6 of Chapter IX; it suspend or dismiss children’s who found guilty of deliberate insubordination, mischief, fraud, malpractice in examinations, conduct likely to cause negatively influences others etc. The High court aside respondent in this case, then appellate has filed an appeal to the Supreme Court by Special Leave Petition under Article 136 of Indian Constitution.

III.             ARGUMENTS FAVOUR OF APPELLANT:

  1. Appellant claimed that students always stood up in attention when the national anthem was being sung and never showed disrespect towards the national anthem and their country.
  2. They didn’t sing only due to their Jehovah’s Witnesses religious faith, which they didn’t allow them to do.
  3. Appellant raised an issue that the expulsion of the students is justifiable? Such expulsion are not violations of their Fundamental Right under article 19(1)(a) and 25(1) in the Constitution of India?

IV.         ARGUMENTS FAVOUR OF RESPONDENT:

  1. Respondents claimed that students did not sing the National Anthem; which shows their unpatriotic behavior and disrespect towards the National Anthem and our country by not singing it.
  2. They justified their action according to the Kerala Education Act; 1959 and Kerala Education Rule; 1959, Chapter IX Rule 6.

V.         ORDER OF THE COURT:

  • The Supreme Court gave verdict under Article 19(1)(a) of Indian Constitution giving Freedom of Speech and Expression by examining the education authorities action in Kharak Singh V. State of Uttar Pradesh and Baleshwar Pradesh V. State of Bihar[1962] SUPP. SCR 369 cases and Article 25(1) gives the right to public order, morality and health and to the other provisions of Part III and the right to Freedom of conscience to freely profess; practice; propagate religion are Fundamental Rights applicable to every citizen in a country.
  • Making every student join in the singing of the National Anthem would violate their Jehovah’s Witnesses religious belief and breaches the rights under Article 19(1) (a) and Article 25(1) in the Constitution of India.
  • The Supreme Court held that students are not guilty for not singing the National Anthem; they gave respect by standing up in attention and No legal provision obligates anyone to sing the National Anthem and it is not disrespectful or unpatriotic to the Anthem.
  • The Supreme Court set High Court order aside and ordered to allow students again to study in school without any hindrance; sentenced appellant aside by the facts of the case.

VI.              CONCLUSION:

By these judgments, we understand our patriotism towards our country and basic rights toward the people in a society. Day by day society is updating and evolving more about the Fundamental rights of every citizen in the country and People in a country are following their religious belief strongly. And the importance of the National Anthem and its provisions regarding it, our tradition taught us tolerance; our philosophy preached tolerance and our constitution practices tolerance, hence we should not dilute it.

VII.            RELATED CASES LAWS:

  1. Adelaide Company of Jehovah’s Witnesses    V.    The Commonwealth, 67     CLR 116 (Australian High Court).
  2. Minersville School District     V.   Gobitis,    84     Law Ed. US 1376 ( American Supreme Court)
  3. West Virginia State Board of Education V.     Barnett, 87     Law Ed. 1628 (American Supreme Court).
  4. Donald V. The Board of Education for the City Hamilton, 1945 Ontario Reports 518.
  5. Sheldon V. Fannin, 221 Federal suppl. 766 (United States District Court of Arizona).
  6. The commissioner Hindu Religious Endowments, Madras V.  Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt, [1954] SCR 1055.
  7. SP Mittal etc. etc.    V Union of India.

VIII.          REFERENCE:

RESERVATION AND FUNDAMENTAL RIGHTS WITH DIRECTIVE PRINCIPLES OF STATE POLICY; Case Commentary of STATE OF MADRAS VERSUS CHAMPAKAM DARAIRAJAN

STATE OF MADRAS VERSUS CHAMPAKAM DARAIRAJAN

Author – S. Subhasree, Sathyabama Institute of Science and Technology

ABSTRACT:

This judgement proved as a historic event and decision of the Supreme Court. It led to the 1st Amendment in the Constitution of India in relation to the reservation policy in India. The amendment included the adding of clause 4 under Article 15. The judgement accounts at the impugned Communal Government Order adopted before independence and in continuance even after the Constitution came into force. This order had the reservation policy on the foundation of caste system in the state maintained college institutions. The court held this government order to be void in nature. This judgement is important as it resolves the conflict between Fundamental Rights and Directive Principles of State Policy. It says that whenever the conflict between Fundamental Rights and Directive Principles of State Policy arises, the Fundamental Rights hold the upper hand over the Directive Principles of State Policy. When a fundamental right is violated and directive principle is also in question, the preference will be of fundamental rights.

Keywords: Fundamental rights, DPSP, Reservation, Amendment

REVIEW POLICY

EDITORIAL REVIEW POLICY

  • The Review follows a three-stage double-blind peer review process. The three stages of the review, although time-consuming, ensure a thorough review of the content of the manuscripts that are selected for publication.
  • The Review does not entertain any requests made to convey its decision or suggestions in relation to a manuscript on the basis of submission of an abstract, a proposed outline of the manuscript or on any other bases. The decision to accept or reject a manuscript will betaken only after the manuscript has been submitted, and review of the said manuscript has been completed.
  • Manuscripts may be returned to the author(s) with suggestions related to substance and/or style. Final acceptance of a manuscript for publication is contingent on the incorporation of such suggestions to the satisfaction of the Editorial Board.
  • The Review reserves the right to request for copies of the resources or authorities as cited by the author(s) in the manuscript.
  • The Review retains absolute discretion with respect to acceptance or rejection of the submissions made.

Review Stages

Stage 1 – This Stage will be handled by the Associate editors of the Journal to Validate the Plagiarism Level and Text Similarities Checks, Submission Rules Check, Grammar and Reference Section Checks of the Research Article. If any Author fails to compile the Submission Rules, it will be returned (May Not Rejected) to the Authors to eradicate the errors. Selected Research Articles from the Stage 1 will be bagged by a Unique Identification Number, i.e V2I54. Publisher Only Know the details of the author. Associate Editors will remove all identification Details from the Manuscript.

Stage 2 – Stage 1 Cleared papers will be shared with the editorial members randomly in the double blind Review method. The Research Paper will be evaluated with minimum Five Editorial Members including Editor-In-Chief. The Paper will be evaluated with the marking scale. The Scale is “Proper and Articulate Analysis – 15 marks, Extent and Use of Research – 10 marks, Contemporary Societal Reflections – 15 marks, New Ideas – 15 marks, Strength of the Research – 15 marks, Clarity and Organization – 10 marks, Grammar and Style – 10 marks, Correct format and Citation style – 10 marks and TOTAL – 100 marks. Research Article Will be selected for Stage 3 when that article will score Minimum 80% (Overall Editorial members Scores) in the Stage 2.

Stage 3 – This Stage will be the Editor-in-Chief Stage. The Editor-in-Chief will re-review the selected articles from stage 2. The Editor-in-Chief will finalize the papers for the Publication. After the Confirmation of the Editor-In-Chief, Authors will be notified for the Selection/Rejection Confirmation.

Publication Ethics Policy

Publication Ethics Policy

On the following pages, Institute of Legal Education Publisher (hereinafter referred to as the publisher) provides practical guidance to Journal Editors and Society & Publishing Partners which helps manage the repercussions potentially arising from publishing work which could be in breach with the codes of conduct.

Introduction

Researchers should conduct their research – from research proposal to publication – in line with best practices and codes of conduct of relevant professional bodies and/or national and international regulatory bodies. In rare cases, it is possible that ethical issues or misconduct could be encountered in your journal when research is submitted for publication.

Committee on Publication Ethics

Although Institute of Legal Education is not a member of the Committee on Publication Ethics (COPE) and does not subscribe to its principles on how to deal with acts of misconduct. The publisher strongly recommends journal editors to join COPE and thereby adhere to the principles of COPE, committing to investigate allegations of misconduct and to ensure the integrity of research.

For more information see Core Practices for Journal Editors and/or visit the COPE website.

Developing a publishing ethics policy for our journal

Almost every step in the publishing process involves important ethical principles. Having clear statements on these issues can encourage responsible publication practices.

A clear description of ethical principles will help manage author expectations and will help manage situations that may arise if these statements have not been adhered to by authors. Below you will find a few of the most important ethical principles.

Clear guidelines on submission of the work
  • that the work has not been published before
  • that the work is not under consideration elsewhere
  • that copyright has not been breached in seeking its publication
  • that the publication has been approved by all co-authors and responsible authorities at the institute or organization where the work has been carried out
What type of content is or is not acceptable for publication

For example:

  • are translations of previously published articles acceptable?
  • are extended versions of conference proceedings acceptable?

In these cases, the author is expected to give full disclosure for transparency reasons but it could also be necessary for the author to seek approval from the original publisher.

It should also be noted that different disciplines have different expectations. When authors cross over to other disciplines, make sure they are aware of the explicit policies of the journal in order to manage their expectations. Please note there are no universally agreed rules or regulations.

Guidelines on what constitutes authorship and how proposed changes to authorship are handled

Although there is no universal definition of what constitutes authorship it is recommended that authors adhere to the guidelines for authorship that are applicable in their specific research field. In the absence of specific guidelines it is recommended to adhere to the following guidelines:

  1. made substantial contributions to the conception or design of the work; or the acquisition, analysis, or interpretation of data; or the creation of new software used in the work;
  2. drafted the work or revised it critically for important intellectual content;
  3.  approved the version to be published; and
  4. agree to be accountable for all aspects of the work in ensuring that questions related to the accuracy or integrity of any part of the work are appropriately investigated and resolved.

Description of the peer review process

Peer review is fundamental in ensuring the integrity of the publication process and can flag potential misconduct at an early stage.

COPE has developed ethical guidelines for peer reviewers which can be used as a reference for providing guidance to peer reviewers.

The inclusion of the necessary ethical statements if required

Certain Abstracting & Indexing services insist on compliance with the ethical requirements Conflict of Interest, Human and Animal Rights and Informed Consent and require authors to declare compliance in their articles.

Ethical issues and what to do when you are encountering possible misconduct?

It should be noted there are two distinct situations: serious fraud or errors. Errors could be due to negligence (for example statistical errors) or honest errors which are part of the normal course of doing research. It is therefore important to treat potential cases with care as academic careers could be at risk.

Five steps to follow when encountering possible misconduct:

  • Remain a neutral player and treat all potential misconduct cases confidentially
  • Keep records of written communication including the allegation and the evidence of the complainant
  • Raise the issue with the accused (co-)author in a timely manner
  • Assess what exactly has happened (fact-finding) and be transparent and final about decisions

Ethical issues

Six fundamental ethical issues have been defined, and procedures for responding to misconduct have been outlined below. Please note that these guidelines are not intended to provide or substitute legal advice. Each ethical issue is followed by recommended actions as advised by COPE for Journal Editors and when available additional reading has been added. Clicking on the link will give you a flowchart with the actions stipulated. Please note that flowcharts are making a distinction between ethical issues in a submitted manuscript and published article.

Data fabrication / Data falsification

Data fabrication: This concerns the making up of research findings.

Data falsification: Manipulating research data with the intention of giving a false impression. This includes manipulating images (e.g. micrographs, gels, images), removing outliers or “inconvenient” results, changing, adding or omitting data points, etc.

With regard to image manipulation, it is allowed to technically improve images for readability. Proper technical manipulation refers to adjusting the contrast and/or brightness or colour balance if it is applied to the complete digital image (and not parts of the image). Any technical manipulation by the author should be notified in the cover letter to the Journal Editor upon submission. Improper technical manipulation refers to obscuring, enhancing, deleting and/or introducing new elements into an image. Generally, if an author’s figures are questionable, it is suggested to request the original data from the authors.

For more information on image manipulation see also the following useful links:

  • CSE\’s White Paper on Promoting Integrity in Scientific Journal Publications, 3.4 Digital Images and Misconduct
  • What\’s in a picture? The temptation of image manipulation
  • ORI \”Forensic Images Samples\” for the quick examination of scientific images

Duplicate submission/publication and redundant publication

Duplicate submission/publication: This refers to the practice of submitting the same study to two journals or publishing more or less the same study in two journals. These submissions/publications can be nearly simultaneous or years later.

Redundant publication (also described as ‘salami publishing’): this refers to the situation that one study is split into several parts and submitted to two or more journals. Or the findings have previously been published elsewhere without proper crossreferencing, permission or justification. “Self-plagiarism” is considered a form of redundant publication. It concerns recycling or borrowing content from previous work without citation. This practice is widespread and might be unintentional. Transparency by the author on the use of previously published work usually provides the necessary information to make an assessment on whether it is deliberate or unintentional.

Note! Translations of articles without proper permission or notification and resubmission of previously published Open Access articles are considered duplications.

Duplication of text and/or figures (plagiarism)

Plagiarism occurs when someone presents the work of others (data, text, or theories) as if it was his/her own without proper acknowledgement. There are different degrees of plagiarism.

The severity is dependent on various factors: the extent of copied material, originality of copied material, position/context/type of material and referencing/attribution of the material used.

Every case is different and therefore decisions will vary per case. Ask yourself the following question: Does it concern an honest mistake or is there an intentional deviation from the publishing norm? Please note there are many grey areas between honest, questionable and fraudulent practices.

Whilst reviewing the case consider the following factors:
  • Author seniority. Junior authors may be asked to paraphrase the copied text if it is believed that they are genuinely not aware that copying phrases is inappropriate. It is expected that a senior author should know better
  • The cultural background could be an indication for potentially different behaviours concerning the amount of copying which could be seen as plagiarism
The following listing is designed to make you aware of the various possibilities concerning plagiarism:
  • Verbatim copying of another’s work and submitting it as one’s own.
  • Verbatim copying of significant portions of text from a single source.
  • Mixing verbatim copied material from multiple sources (“patchwork copying”). This could range from 1 or 2 paragraphs to significant portions consisting of several paragraphs.
  • Changing keywords and phrases but retaining the essential content of the source as a framework.
  • Rephrasing of the text’s original wording and/or structure and submitting it as one’s own.
  • Mixing slightly rephrased material from multiple sources and presenting what has been published already as new.
  • The work is cited, but the cited portions are not clearly identified. This can be combined with copied parts of the text without citation.

However for review papers, the above is not directly applicable. Review papers are expected to give a summary of the existing literature. Authors should use their own words with the exception of properly quoted and/or cited texts and the work should include a new interpretation.

For more information on this topic; see Avoiding plagiarism, self-plagiarism, and other questionable writing practices: A guide to ethical writing\”> by M. Roig (guidelines developed with support from The Office of Research Integrity) and Text Recycling Guidelines from COPE.

Authorship issues

COPE has written an article with advice on how to spot potential authorship problems. Most authorship problems have to do with authorship without the author’s knowledge and unacknowledged authorship.

Undeclared Conflict of Interest (CoI)

A conflict of interest is a situation in which financial or other personal considerations from authors or reviewers have the potential to compromise or bias professional judgment and objectivity. Authors and reviewers should declare all conflicts of interest relevant to the work under consideration (i.e. relationships, both financial and personal, that might interfere with the interpretation of the work) to avoid the potential for bias.

How to correct the literature?

In some cases, it might be necessary to correct the literature in order to maintain the integrity of the research literature. The COPE Retraction Guidelines describe exactly when and which option should be used.

Erratum / Correction – Journal Editors should consider issuing an erratum if:

  • a small portion of an otherwise reliable publication proves to be misleading (especially because of honest error)
  • the author/contributor list is incorrect

Retraction Note– Journal Editors should consider retracting a publication if:

  • there is clear evidence that the findings are unreliable, either as a result of misconduct or honest error
  • the findings have previously been published elsewhere without proper cross-referencing, permission or justification
  • it constitutes plagiarism
  • it reports unethical research

The text for retraction notes can be submitted/written by the author(s), Journal editor, Society or jointly.

Expression of Concern– Journal Editors should consider issuing an expression of concern if:

  • there is inconclusive evidence of research or publication misconduct by the authors
  • there is evidence that the findings are unreliable but the authors’ institution will not investigate the case
  • it is believed that an investigation into alleged misconduct related to the publication either has not been or would not be, fair and impartial or conclusive
  • an investigation is underway but a judgment will not be available for a considerable time

Should an author be banned and when?

Banning is not a policy endorsed by COPE. COPE advises that the matter of punishment should reside with the author’s institute. Publishers are expected to correct the literature. It is, however, publisher’s view that in exceptional cases (e.g. in cases of repeat offenders or authors using abusive language, authors threatening the publisher, authors defaulting on payment after failing to withdraw their submission within the Article Withdrawal Period and many more case similar to this nature) the Editor-in-Chief/Editorial Board has the right to refuse to review/accept papers from these authors.

What to do when you are encountering a severe plagiarism case?

For severe plagiarism cases (for example plagiarism by the same group of authors affecting multiple Institute of Legal Education journals or journals from other publishers or cases that might attract the attention of the media) or other serious unethical practices, you are advised to inform your Publishing Editor who might seek the advice from the Publisher.

What to do when misconduct is beyond the means of Journal Editors to investigate?

If allegations of misconduct cannot be resolved or if the response received from the parties involved is unsatisfactory or if the misconduct is beyond the means of the Journal Editor and Board to investigate (often occurring in cases of data fabrication/falsification, stolen data, and author disputes amongst others), you are advised to refer the case to the author’s institution (or employer or other regulatory body) and request an investigation.

Plagiarism prevention with CrossCheck

The web-based tool can be used in the editorial process to identify matching text but it cannot, on its own, identify plagiarism. Manual examination of the matching text is still required and judgment used to identify if plagiarism has occurred or not.

Plagiarism detection at an early stage may be helpful to:

  • educate authors who are less familiar with the ethics of publishing;
  • reduce the workload for editors and reviewers if ethical issues are captured at an early stage.

Further resources that are helpful in order to be able to deal with potential misconduct

Next, to the flowcharts, COPE has a searchable database that contains over 400 cases with advice from the Committee and follow-up information. This database can provide helpful insights into how cases were handled in order to help solve your own case.

Sample letters for contacting relevant parties are available from:

  • COPE
  • The Council on Science Editors

If you have trouble resolving a case taking into account the COPE guidelines, flowcharts and database, contact our Publishing Editor for further advice.  Dependent on the issue, your Publishing Editor might seek advice from the Publisher.

Before taking any follow-up steps, always inform our Publishing Editor.

Open Access Journal Statement

Open Access Journal Statement

Indian Journal of Legal Review is an open access journal.  Articles in the journal are free to access, download, share, and re-use.

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In the past, some papers were published under a non-commercial license. Users may request permission to use the works for commercial purposes or to create derivative works by contacting us. Under Creative Commons, authors retain copyright in their articles.

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  6. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.
  7. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
  8. Licensor means the individual(s) or entity(ies) granting rights under this Public License.
  9. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
  10. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
  11. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.

Section 2 – Scope.

  1. License grant.
    1. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
      1. reproduce and Share the Licensed Material, in whole or in part; and
      2. produce, reproduce, and Share Adapted Material.
    2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
    3. Term. The term of this Public License is specified in Section 6(a).
    4. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
    5. Downstream recipients.
      1. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
      2. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
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    1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
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Section 3 – License Conditions.

Your exercise of the Licensed Rights is expressly made subject to the following conditions.

  1. Attribution.
    1. If You Share the Licensed Material (including in modified form), You must:
      1. retain the following if it is supplied by the Licensor with the Licensed Material:
        1. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
        2. a copyright notice;
        3. a notice that refers to this Public License;
        4. a notice that refers to the disclaimer of warranties;
        5. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
      2. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
      3. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.
    2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
    3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
    4. If You Share Adapted Material You produce, the Adapter\’s License You apply must not prevent recipients of the Adapted Material from complying with this Public License.
Section 4 – Sui Generis Database Rights.

Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:

  1. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database;
  2. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
  3. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.

For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.

Section 5 – Disclaimer of Warranties and Limitation of Liability.
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  2. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
  3. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
Section 6 – Term and Termination.
  1. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically.
  2. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
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    2. upon express reinstatement by the Licensor.
    For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
  3. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.
  4. Sections 1567, and 8 survive termination of this Public License.
Section 7 – Other Terms and Conditions.
  1. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
  2. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.
Section 8 – Interpretation.
  1. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.
  2. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
  3. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
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Creative Commons is not a party to its public licenses. Notwithstanding, Creative Commons may elect to apply one of its public licenses to material it publishes and in those instances will be considered the “Licensor.” The text of the Creative Commons public licenses is dedicated to the public domain under the CC0 Public Domain Dedication. Except for the limited purpose of indicating that material is shared under a Creative Commons public license or as otherwise permitted by the Creative Commons policies published at creativecommons.org/policies, Creative Commons does not authorize the use of the trademark “Creative Commons” or any other trademark or logo of Creative Commons without its prior written consent including, without limitation, in connection with any unauthorized modifications to any of its public licenses or any other arrangements, understandings, or agreements concerning use of licensed material. For the avoidance of doubt, this paragraph does not form part of the public licenses.

Creative Commons may be contacted at creativecommons.org.

Manuscript Withdrawal Policy

Manuscript Withdrawal Policy

Indian Journal Legal Review is committed to providing high-quality articles and uphold the publication ethics to advance the intellectual agenda. We expect our authors to comply with the best practice of the publication ethics as well as in the quality of their articles.

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Manuscripts may be withdrawn within 5 days of Submission of Manuscript. Withdrawal Request must be conveyed via our official Mail ID (info@iledu.in). Manuscript withdrawal will be permitted after submission only for the most compelling and unavoidable reasons.

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Manuscripts once published shall be removed or withdrawn only if there are any legal disputes or any copyright infringements involving a particular manuscript. otherwise no manuscripts will be withdrawn after post publication.

Case Commentary - STATE OF MADRAS VS CHAMPAKAM DORIAIRAJAN & ANOTHER

Case Commentary – STATE OF MADRAS VS CHAMPAKAM DORIAIRAJAN & ANOTHER

T. JAYAVARTHINI

STUDENT OF GOVERNMENT LAW COLLEGE, CHENGALPATTU

Best Citation – T. JAYAVARTHINI, STATE OF MADRAS VS CHAMPAKAM DORIAIRAJAN & ANOTHER, 2 (5) & 48 of 2022, IJLR.

ABSTRACT

                This case mainly focus on Article 13, 29(2), 46 of constitution of India, The main objective of Article 13 is to secure the paramountcy of the constitution especially with regard to fundamental rights. Article 29 (2) States no citizen shall be denied admission into any educational institutions maintained by the State or receiving aid out of State funds on grounds of religion, race, caste, language or any of them. In this instance case the respondent has filed a petition in high court that the fundamental right has been infringed under Article 29(2) in the criterion of caste. State of Madras went appeal against the order given by the high court.

Keywords:- Supreme court, Reservation, Fundamental rights, Educational rights, Brahims and Non-Brahmins.

Case Commentary - BIJOE EMMANUELVERSUSTHE STATE OF KERALA

Case Commentary – BIJOE EMMANUEL VERSUS THE STATE OF KERALA

Akash singh

Student of ARMY LAW COLLEGE PUNE

Best Citation – Akash singh, Case Commentary – BIJOE EMMANUEL VERSUS THE STATE OF KERALA, 2 (5) & 45 of 2022, IJLR.

Abstract

The song Jana – gana – mana , composed originally in Bangla by Rabindranath Tagore, was adopted in its Hindi version by the Constituent Assembly as the National Anthem of India on January 24, 1950. Article 51A of the Indian constitution constitutes it as a constitutional duty. It makes every citizen’s duty to abide by the Constitution and respect its deal and institutions, the nation flag and thenational anthem. The Prevention of Insults to National Honours Act , 1971 is an Act of the Parliament of india which prohibits the disrespect or insult to the country’s national symbols , including the national flag, national emblem, national anthem, the constitution, and map of India including contempt of Indian constitution.

Keywords: Supreme Court, National Anthem.