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Ankit Ujjwal,
Student at School of Law, University of Mumbai

BALANCING FREEDOM OF SPEECH AND MEDIA TRIAL: NEED OF THE HOUR

Best Citation – Ankit Ujjwal, BALANCING FREEDOM OF SPEECH AND MEDIA TRIAL: NEED OF THE HOUR, 2 IJLR 39 (2021)

ABSTRACT

In the early years of the Constitution, the Supreme Court considered that the excessive license fee for starting a newspaper was constitutionally invalid. Subsequently, in the very first decade, it was held that the Wage Board imposing an intolerable burden on a media organization, would offend the Right to Free Speech. The role of media has gained utmost importance in today’s socio-economic world especially in country like India and we all believe that “Media” is the fourth pillar of Indian Democracy. An accused is entitled to a free and fair trial and is presumed to be innocent till proven guilty by a Court of law under Criminal Jurisprudence. However, media on account of extreme coverage and crosses its limits and publishes and covers interviews of witness or relative of a victim and prejudges the issue of conviction of the accused while the matter is pending for adjudication in a court of law. This has a tendency to prejudice the mind of Court, prosecutor and general public at large. Therefore, balancing between the two fundamental rights has become certain and the time has arrived that Courts should give appropriate directions with regard to reporting of matters which are sub judice.

KEYWORDS- Free Speech, Role of Media, Judiciary, Censorship, Journalism, Fundamental Right

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Chatari Aarthi,
STUDENT, NALSAR UNIVERSITY OF LAW, HYDERABAD

Extension of Legal Aid correspondent to DPSP and other Acts/Articles

Best Citation – Chatari Aarthi, Extension of Legal Aid correspondent to DPSP and other Acts/Articles, 2 IJLR 29 (2021)

Abstract

After India’s Independence in 1947, the makers and planners of the country felt that the linguistic minorities should be offered adequate opportunities for the growth and development in socio-political arenas. Linguistic minorities were offered a set of economic, educational, linguistic rights for the preservation of their rich culture. This paper seeks to explore the several legal aid incentives aimed at the tribes and minorities present in India. The Constitution of India, through Fundamental rights and Directive principles, ensure that linguistic difficulties don’t hinder the process of legal services. Bodo Accord, Legal Services Authorities Act 1987, Income Tax Act 1961 and other provisons are closely examined. In addition to this, organizations like Tribal Civil and Criminal Legal Assistance (TCCLA) that work for these causes and the harsh realities faced by them.

Keywords: DPSP, Legal Aid.

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NIDHI NANDE, STUDENT, SYMBIOSIS LAW SCHOOL PUNE.

CRIMINAL VICARIOUS LIABILITY OF CORPORATIONS: A PRAGMATIC VIEW IN LIGHT OF THE CORPORATE FRAUDS

Best Citation – Nidhi Nande, CRIMINAL VICARIOUS LIABILITY OF CORPORATIONS: A PRAGMATIC VIEW IN LIGHT OF THE CORPORATE FRAUDS, 2 IJLR 15 (2021)

Abstract

We live in a society that is governed by interaction between various laws and rules. One of the major controversies from the interaction between two laws that has emerged from time immemorial but still remains disputed is the principle of Criminal Vicarious Liability’s application to the company law. With all the differences in the opinions of jurists and scholars, the author in this paper aims to analyze the principle of Criminal Vicarious Liability for corporations from a pragmatic view considering the growing number of corporate frauds and the issue of fixing the liabilities in such instances. The paper also analyzes the concept from a global perspective by doing a benefit analysis of foreign models to the Indian scenario. Another part of the paper deals with an empirical research based on a survey from various professionals regarding the state of law in practical scenario. The main question that the paper aims to analyze is the cases of implementing vicarious criminal liability to corporations and how have the famous corporate frauds helped evolving the clear concept of vicarious liability for corporations.

Keywords- Corporations, Vicarious Liability, Corporate Criminal Liability, Corporate Frauds

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Nidhi Nande, Student, Symbiosis Law School Pune.

CRITICAL ANATOMIZATION OF THE BANKING OMBUDSMAN SCHEME WITH COMPARATIVE ANALYSIS TO BANKING CODES AND STANDARDS

Best Citation – Nidhi Nande, CRITICAL ANATOMIZATION OF THE BANKING OMBUDSMAN SCHEME WITH COMPARATIVE ANALYSIS TO BANKING CODES AND STANDARDS, 2 IJLR 1 (2021)

ABSTRACT

In the contemporary banking sector, excellence in customer care services is the most crucial tool for growth and development. In order to utilize this opportunity, the banking ombudsman scheme was introduced by the Reserve Bank of India to resolve the customer’s grievances. To further protect the interests of the customers, Banking Codes and Standards Board of India was setup as an autonomous body to formulate standard codes and guidelines for the banks to provide fairness in the customer services. Irrespective of all these efforts, there are still certain prevailing conditions which cause improper, unfair and delayed redressal to the consumer’s complaints. The paper analyzes the two mechanisms in detail along with criticizing both to improve their implementations. It also focuses on comparatively analysing both the concepts to reach a fair view. The paper also includes special emphasis on case study of Axis bank for the implementation of the scheme. The paper concludes by indentifying the shortcomings and providing necessary recommendations.

KEYWORDS- Banking Ombudsman Scheme, Banking Codes and Standards Board of India, Axis Bank, Awareness, Comparison

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M ELAVENIL , GOVERNMENT LAW COLLEGE, TIRUCHIRAPPALLI, TNDALU

A BROAD PERSPECTIVE ON CAPITAL PUNISHMENT

Best Citation – M Elavenil, A Broad Perspective on Capital Punishment, 1 IJLR & 32 (2021)

Abstract

“Capital Punishment” or “Death Penalty” is the highest level of punishment awarded in any society or democracy to maintain law and order. But killing another human being in the name of justice is no better than murdering someone. We should focus on eliminating the crime not the criminal. China is the only country in the world where the practice of death penalty is still at its peak with over 1000 executions every year, whereas in India the doctrine of “Rarest of the Rare” is followed and often the death sentence gets commuted to life imprisonment. But still India has executed a total of 4 criminals from the period of 2002 to 2015. Both the countries have various similarities in the procedure and law of capital punishment. We are no one to decide who gets to live and who gets to die. Therefore instead of hanging someone to death we should adapt a different approach i.e. the reformative approach so that one could improve himself and can live peacefully thereafter. This paper will discuss current scenario of capital punishment in India and how it still longs here.

KEYWORD: Capital Punishment, Indian Penal Code, United Nations, Human Rights.

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BHUVANESWARI. R , GOVERNMENT LAW COLLEGE, TIRUCHIRAPPALLI, TNDALU

AAYA RAM GAYA RAM POLITICS IN 21ST CENTURY

Best Citation – Bhuvaneswari. R, Aaya Ram Gaya Ram Politics In 21st Century, 1 IJLR & 27 (2021)

ABSTRACT

Election are the formal process of selecting a person for public office. Elections are conducted to choose a representative by the population on their behalf. Elections were conducted in free and fair manner in order to vote freely and to free representation of people. In 1967 the famous phrase “Aaya Ram Gaya Ram[1]” was coined into Indian politics and continued for a decade in different states. The Anti Defection law is contained in the 10th schedule of the Constitution. The Anti Defection Law has been enacted in the year 1985 in order to curb defection. It tries to provide stable government by ensuring the legislators do not switch sides and reduce governments to a minority mid-way during their tenure. In this paper I discuss about Today politics trends and Anti defection law’s current scenario.

KEYWORDS: Election, Politics, Anti Defection, 10th Schedules.

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A. Swathi,
GOVERNMENT LAW COLLEGE, TIRUCHIRAPPALLI, TNDALU

ANALYSIS OF ALLOTTEE’S STATUS IN REAL ESTATE SECTOR

Best Citation – A. Swathi, Analysis of Allottee’s Status In Real Estate Sector, 1 IJLR & 16 (2021)

ABSTRACT

This paper is aimed at examining the present status of allottees in the real estate sector in India and the remedies available to them under various laws. This paper mainly deals with the status of the allottees in the RERA Act. Under this Act, Allottees means a person to whom the apartment, building or plot is being sold or allotted by the promoter for consideration. It has been enacted with the primary purpose of protecting the homebuyers from the defaults committed by the developers in the real estate sector. Furthermore, this paper analyses the remedies available to the allottees under other laws like, the consumer protection Act, under this the homebuyers can avail the remedies as a consumer and also in IBC, the homebuyers have the liberty to initiate insolvency proceedings as a financial creditor. Though different types of remedies are available under the above-mentioned laws, homebuyers are still facing problems relating to the speedy disposal of cases. And also, the homebuyers are always confused about which the appropriate forum is and which provides better and speedy remedies to them. The scope of study is limited to the role of allottees in the RERA Act and the impact of various laws on allottees in the real estate sector in India.

KEYWORDS: Allottees, consumers, financial creditors, developers and real estate sector.

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M.SURIYA PRIYA,
AdvocAte, The Trichirappalli Bar Association.

WAGE DIFFERENTIALS IN INDIA BASED ON GENDER GAP – AN OVERVIEW

Best Citation – M.Suriya Priya, Wage Differentials In India Based On Gender Gap – An Overview, 1 IJLR & 8 (2021)

ABSTRACT

In India, Male Domination with a Complementary suppression of women has been continuing since, Pre-historic times. There has been discrimination between male and female child, men and women, rich and poor, Rural and urban areas. The main thing is, women are considered as Goods and chattels. They are considered as object of sense – gratification too. Indian women have suffered and are still suffering discrimination in Silence manner, at working places, at Home and in all aspects, self – sacrifice and self – denial are their Nobility and fortitude and yet they have been subject to all Inequality, inequities indignities and discrimination.

KEYWORDS: Wage, Male, Female, Gender, Remuneration.

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Yogisri DG,
Government Law College, Madurai, TNDALU

ABORTION IS WOMEN’S ABSOLUTE RIGHT, NO ONE CAN TAKE AWAY

Best Citation – Yogisri D G, Abortion Is Women’s Absolute Right, No One Can Take Away, 1 IJLR & 1 (2021)

Abstract

In country like India it is not that much easy to choose abortion as an option during pregnancy period to a woman, because lot of perils cross through. The law on abortion in India is governed primarily by Sections 312-316 of the Indian Penal Code (IPC) and the provisions of the Medical Termination of Pregnancy (MTP) Act, 1971. The methods commonly used for terminating an unwanted pregnancy are extremely unsafe and dangerous to the lives of the woman and may or may not affect the unborn baby too. These are consequence of not having right to freely demand abortion. Safe and legal abortion services must be provided. Abortion cannot be performed on the request of the husband, if the woman herself is not willing. The only discretion of terminating pregnancy to be with the woman because she is only person who knows what she actually undergoes. Still in rural areas women are standing far from decision making in terminating pregnancy or to continue. Almost 56% of abortions in India are under the category of unsafe. Abortion is a key reproductive choice but it is not a right in India. The judiciary has been playing a vital role in securing these rights to women. Each person has a right to bodily sovereignty and human rights instruments protect such rights internationally. That is the law has to take care of liberty of the mother as well as the unborn. analysing various problems regarding abortion, number of amendments needed to be made through legislation.

Keywords: Legal Machinery, Unwanted Pregnancy, Unsafe Abortion, Fundamental right, Privacy, Judiciary, Bodily Sovereignty, Decision making.

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