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HARSH CHOUBEY

Student at The West Bengal National University Of Juridical Sciences, Kolkata

MARITAL RAPE: SHOULD OR SHOULD NOT BE CRIMINALISED?

Best Citation – HARSH CHOUBEY, MARITAL RAPE: SHOULD OR SHOULD NOT BE CRIMINALISED?, 2 IJLR 40, 2022

Abstract

Marital rape has become a concern that requires to be addressed immediately. It continues to strip women of their bodily autonomy and dignity within the four walls of their homes as we do not recognise it as a penal offence under the Indian Penal Code. The patriarchal outlook plagues the legislative authorities, and marriage is still considered a sacred institution that validates husbands to have sexual intercourse with their wives irrespective of their consent or willingness. This article discusses all the aspects of the issue of marital rape. In order to achieve the same, it analyses the relevant case authorities to substantiate the stance that the author takes in this article, i.e., the second exception to Section 375 of the Indian Penal Code should be struck down, thereby leading to recognition of marital rape as a penal offence. The global perspective on marital rape, with a primary focus on the UK, is also discussed to understand their rationale for striking down the marital rape exemption and to emphasise the changing trends in this domain.

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SUSMITA MANDAL

FEMALE REPRESENTATION IN COMPANY BOARDROOMS

Best Citation – SUSMITA MANDAL, FEMALE REPRESENTATION IN COMPANY BOARDROOMS, 2 IJLR 33, 2022

Abstract

In this research project, we will study the female representation in the company board and their impact upon the overall performance of the company. India has ranked very low in the female-to-male ratio of the workforce in the corporate sector in the past few years. This made it crucial to include provisions in the company laws regarding the appointment of women directors. However, this provision was restricted only to certain classes of companies. Moreover, there were many companies that did not comply with such provisions. The companies which did were mostly found to be appointing their family members to the board and that too, not in positions that required a certain degree of expertise. These loopholes make the whole purpose behind introducing such feministic concepts meaningless and renders them ineffective. In this research project, we will analyse in detail how this situation can be improved

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Padmavathy Nehru

Student at Gujarat National Law University.

DIGITAL ECONOMY & COMPETITION LAW: A CONUNDRUM

Best Citation – Padmavathy Nehru, DIGITAL ECONOMY & COMPETITION LAW: A CONUNDRUM, 2 IJLR 22, 2022

ABSTRACT

The internet realm has grown exponentially over the years and with the advent of digitalization, the increasing audience to the digital economy has resulted in the outburst growth of this sector. As the internet grows, web-based businesses are increasingly becoming the subject matter of competition concerns given the emergence and growth of large internet companies such as Google, Yahoo!, eBay, MySpace etc which have assumed a dominant position in the search engine market, social networking market and e-commerce market. Since this sector is evolving quickly, its contours are beginning to take shape and several globally dominant firms now play significant roles. The Competition Commission of India (CCI) has been facing a number of complaints against e-commerce retailers for abusing their dominant position. Major concerns relating to exclusive supply/distribution agreements and predatory pricing have arisen before CCI. Therefore, there is a growing need for competition authorities and courts to exercise greater care in balancing the protection of consumers from anticompetitive behavior and harm caused from interfering in complex businesses. The concept of ‘Competition Issues in the Digital Economy in India’ and its shortcomings with respect to the existing framework has been widely debated and discussed in the past. The existing literature has been analyzed to understand the value addition that can be added through this paper. Although the challenges of the present e-commerce sector have been well established in the multiple studies conducted, the present paper builds on the existing literature by focusing on the contemporary CCI decisions, the ‘CCI Market Study on E-commerce’ 2020 that have potentially shaped the competition law jurisprudence & posing alternative recommendations to deal with the legislative shortcomings.

Keywords – E-commerce, Competition, Digital Economy, Competition Commission of India

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Srushti S Kekre
Student at Gujarat National Law University

CONSTITUTIONAL OVERHAUL TO ADDRESS SHORTCOMINGS IN JUDICIAL FRAMEWORK

BEST CITATION – Srushti S Kekre, CONSTITUTIONAL OVERHAUL TO ADDRESS SHORTCOMINGS IN JUDICIAL FRAMEWORK, 2 IJLR 16, 2022

ABSTRACT

The Constitution is the supreme law of the country which is the fulcrum of various democratic institutions. It is a sacrosanct document for a democratic country and it is transformed with the advancement in society to maintain its relevance with the changing times. Owing to its adapting nature, the Constitution is a guiding light for the citizens even after seventy years since its inception. Judiciary is often referred to as one of the most significant pillars of democracy. It is the guardian of the Constitution, hence it should observe the highest standards of ethics, transparency, equity, fairness and moral conscience while decision-making. However, various issues like rising vacancies of judges, pendency of cases, lack of transparency in appointment of judges, etc. are few of the many loopholes that make the judiciary less efficient. This article makes an attempt to analyse the issues which act as a barrier for an effective judicial framework. Further, it discusses the impact of these impediments on various stakeholders. Lastly, the article will conclude with plausible constitutional and infrastructural reforms that can be adopted to promote a fair, transparent and expeditious judicial mechanism.

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Ashwin Singh Student of Symbiosis Law School, Pune

ANTI-MONEY LAUNDERING REGIME IN THE ONLINE CENTURY: AN INTERNATIONAL PERSPECTIVE

Best Citation – Ashwin Singh, ANTI-MONEY LAUNDERING REGIME IN THE ONLINE CENTURY: AN INTERNATIONAL PERSPECTIVE, 2 IJLR 6, 2022

ABSTRACT

Money Laundering has been one of the core issues in India and most of the developing countries around the world. In simple terms, Money Laundering could be described as the conversion of money earned from illegitimate sources into legitimate income and thus legalize a blatantly illegal activity. . The term originated from Mafia Groups in the United States, however now it has become a buzzword in almost all the countries around the world. IMF estimates 3% to 4% of the world GDP to consist of laundered money. To prevent the money laundering mechanisms in the world, various anti-money laundering regimes have been established. However, now, with the rise of technology, new methods of money laundering, and various other issues are plaguing the anti-money laundering regime, therefore, it becomes important to understand the lacunas in the regime and suggest specific reforms to prevent money laundering. Thus,, it becomes extremely crucial to develop understanding and raise awareness towards the issue of money laundering at the global level. The paper firstly analyses the innovative ways of money laundering being used, alongside discussing other challenges posed by money laundering . Subsequently, the current lacunas in the international anti-money laundering regime have been examined and concludingly, emerging trends and solutions for the anti-money laundering regime have been explored.

Keywords: Online Century, Money Laundering, International Framework, Lacunas, Effective Anti-Money Laundering Mechanisms, etc.

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HARDIK GUPTA

ADEMPTION OF LEGACIES

Best Citation – HARDIK GUPTA, ADEMPTION OF LEGACIES, 2 IJLR 1, 2022

ABSTRACT

The paper deals with the analysis of the provisions of ademption of legacies in the Indian succession act 1925. The subject is inserted in the chapter XVI of the act and specifically deals with what all constitute ademption of legacy and what all do not? The meaning of the term means the extinction of legacy either due to extinction or legacy or by an act of testator when he himself uses the legacy and exhausts it. Ademption also takes place when the legatee is transferred the legacy before the death of the testator and in such case the legatee is not entitled to that legacy which he receives after the death of the testator, this type of ademption is called ademption by satisfaction. In the following parts of the paper the types of ademption, along with what all constitute ademption of legacy are dealt with in the light of the act.

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Bhavesh Khatri

Student at BM Law College, Jodhpur, Rajasthan

The Constitution and Human Rights in India

Best Citation – Bhavesh Khatri, The Constitution and Human Rights in India, 3 IJLR 107, 2022.

Abstract

Human Rights are the rights and privileges that form the condition for the peaceful coexistence and for individual growth in the society. With fresh memories of the awful violations of human rights in the colonial period, after the independence, the law makers were in a complete agreement of enshrining the human rights in the Indian Constitution, so the law of the land is there to protect the citizens from any such future infringements. Human rights have existed in the society for ages and will continue with the humanity as absence of human rights would destroy the harmonious coexistence. The Constitution encompasses many of the rights of the International Bill of Rights within it, majorly present in the Fundamental Rights (Part III) and the Directive Principles of the State Policy (Part IV) of the Indian Constitution. India has not accepted the International Bill of Rights as such, it has taken inspiration from it and modified them to suit and serve the needs of India. Apart from the Constitution as the savior of the human rights, the role played by the Judiciary to ensure justice and human rights to everyone is commendable. The courts have played a pinnacle role in interpreting the circumstances of the cases and enforcing the suitable right. The Judiciary has not only ensured justice in the field of human rights but has also widened the scope of the existing rights to make them more meaningful and comprehensive. But there exist various challenges to the human rights due to the changing world dynamics, which require the constitution and all the organs of the government working in coherence with each other and may even require international cooperation to overcome such issues, which if not worked upon may lead to human crisis.

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Ajitesh Kunder

Amity Law School, Amity University, Noida, Uttar Pradesh

The level of Gender Neutrality in Indian Constitution

Best Citation – Ajitesh Kunder, The level of Gender Neutrality in Indian Constitution, 3 IJLR 103, 2022

Abstract

We have talked about gender difference for eras. If we say equality, it means that both men and women should be equal, but if we talk about the Indian Constitution, it is far from reality. It is true that women in India face lot of discrimination in various fields due to which special provisions have been made in the Indian Constitution, but unfortunately, many such provisions are highly biased towards the people of other gender identities apart from women of the country . Especially, men seem to be victims of the so-called women empowerment legislations. Section 377 has been scraped by the Hon’ble Supreme Court but still it is extremely painful to even think that the LGBTQ+ community are not being accepted in our society and even the Constitution of India is biased towards them in many aspects. All the above issues go against the goals of the Preamble and violates the basic Fundamental Rights of the citizens especially males and the third gender.

Key Words: Biased, LGBTQ+ Community, Women, Men, Reservation, Discrimination, Fundamental Rights, Constitution, Gender Neutrality.

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Shwet Kamal

Student at Central University of South Bihar, Gaya (Bihar)

Current Status of Right to Reject (NOTA)

Best Citation – Shwet Kamal, Current Status of Right to Reject (NOTA), 3 IJLR 95, 2022

ABSTRACT

The country we love has a constitution which looks upon the freedom of speech and expression as one of the most important hallmark of a free democratic society. Article 19(1) (a) confirms the freedom of Speech and expression of every citizens and right to reject is one of the facet of it. The will of the people is the basis of the authority of government; this will is expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. In the case of PUCL v. Union of India , the Apex Court of India held that rules 41(2) & (3) and 49-O of the Conduct of Election Rule, 1961 are ultra vires to the section 128 of the Representation of Peoples Act, 1951 and Article 19(1) (a) of the Constitution of India to the extent they violate secrecy of voting. The Court further directed the Election Commission to provide necessary provision in the ballot papers or EVMs and another button called “None of the Above” (NOTA) may be provided in EVMs so that the voters, who come to the polling booth and decide not to vote for any of the contesting candidates, are able to exercise their right not to vote while maintaining their right of secrecy. However, if NOTA gets the maximum votes election is not nullified. To implement the right to reject fully, it has been argued that good governance is one of the motivating factor behind the right to reject and it cannot be successfully achieved without nullifying the election if NOTA gets maximum votes.

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RAJ KRISHNA, LL.M. NLIU Bhopal

And

SAGARIKA SWAPNIL, ADVOCATE AT PATNA HIGH COURT [ENROLLED WITH PATNA HC BAR ASSOCIATION]

A CASE STUDY OF INTERSTATE TRADE, COMMERCE IN INDIA

Best Citation – RAJ KRISHNA & SAGARIKA SWAPNIL, A CASE STUDY OF INTERSTATE TRADE, COMMERCE IN INDIA, 3 IJLR 88, 2022

ABSTRACT

Part XIII of the Indian Constitution deals with trade, commerce and intercourse within the territory of India. This Part provides for both Inter-State as well as Intra-State commerce in India. It is important to understand that a federal country can never have a uniform economy. Some of the units of a federal country may be good in the field of agriculture, the other in the industrial sector. Some States will produce the raw materials whereas the other will process and manufacture them. As a result, it is important that all the inter-state trade barriers are removed so that every unit of the country may prosper. For the last 70 years the Constitutional Courts in India have tried to maintain a balance between the sovereign power of a State to impose tax and the right of a business entity to do business without being charged with discriminatory taxes. In the year 2016 a nine-judge bench of the Supreme Court upheld the constitutional validity of the Entry Tax imposed by States on goods coming in from other states. The Court ruled that “a tax on entry of goods into a local area for use, sale or consumption therein is permissible although similar goods are not produced within the taxing state.” However, the majority in its ruling did not define what comes under the ambit of local areas. The majority on the aspect of local areas ruled that “the question that whether the entire State can be notified as a local area and whether entry tax can be levied on goods entering the landmass of India from another country are left open to be determined in appropriate proceedings.” As a result, it is important to undertake a study upon this topic