Indian Journal Of Legal Review Issn 2583 2344

Category: Volume 2 and Issue 1 of 2022

  • Victims of Crimes and their Concerns under International Criminal Court.

    Tavleen Kaur & Vinayak Sonkar

    Students at University of Petroleum and Energy Studies, Dehradun

    Victims of Crimes and their Concerns under International Criminal Court.

    Best Citation – Tavleen Kaur & Vinayak Sonkar, Victims of Crimes and their Concerns under International Criminal Court, 1 IJLR 28, (2022)

    Abstract

    In international criminal law, victims have been ignored for far too long. Most international criminal courts and tribunals established since Nuremberg to bring justice to victims of international crimes, including the ad hoc International Criminal Tribunals for Rwanda (ICTR) and International Criminal Tribunals for the Former Yugoslavia (ICTY), have failed to give victims’ concerns due consideration. The International Criminal Court’s Rome Statute affirms that “during this century (20th century), millions of children, women, and men have been victims of unimaginable crimes that deeply shock the consciousness of living beings,” and grants victims a set of legal safeguards, participation, and protective measures by adopting the International Criminal Court (ICC) Statute. The International Criminal Court (ICC) is a pioneering and complex system of justice that protects victims’ rights. Although these rights are not absolute, the Court regards victims as valid participants in its proceedings since they are entitled to the guarantees of a fair and impartial trial. Nonetheless, this approach poses a significant challenge to the Court, which it has already confronted during its preliminary investigations and at the commencement of its first case. Furthermore, victim participation in criminal processes is a relatively recent phenomena. While victim involvement as a “partie civile” in criminal procedures is common in some national jurisdictions, it is uncommon in international criminal trials. The International Criminal Court (ICC) Statute’s drafters opted to include a rather extensive victim involvement structure. Although it has been welcomed as a crucial and useful tool for allowing victims of egregious human rights violations and violations of international humanitarian law a voice, the procedural and substantive aspects are still being worked out. This paper begins with the analysis of the evolution and development of victims’ rights in international law, followed by an examination of the extent to which victims’ interests are addressed before the ICC. Attempts have been made to define and comprehend the fundamental ideas crucial to the subject, such as victim, compensation, restitution, and victim and witness protection.

    Keywords: International Criminal Court, Victims , Rights of Victims ,Right to Participation , Right to Protection ,Right to Reparations.

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  • ISSUES SURROUNDING ADR AND THE ROLE OF INDIAN COURTS

    Anuj Chhabra

    Student at RGNUL, Punjab

    ISSUES SURROUNDING ADR AND THE ROLE OF INDIAN COURTS

    Best Citation – Anuj Chhabra, ISSUES SURROUNDING ADR AND THE ROLE OF INDIAN COURTS, 1 IJLR 24, 2022.

    Abstract
    Arbitration, which was previously seen as a viable alternative to litigation, is today plagued by the same issues of expense, delay, complexity, and reliance on legal counsel. There are still many unanswered questions about their significant success in boosting efficiency and expanding access to justice. Even if ADR’s conciliatory, understandable, and flexible methods are well-liked by participants, the efficiency improvements are minor. The examination of those cases that were challenged from the arbitration panel to the Supreme Court of India came to found out that the total expenditures of the courts and the average amount of time it takes for cases to be resolved had not decreased. The second issue is the impact of alternative dispute resolution on access to justice. In this article, I have tried to put forth some light on the issues with ADR faces, the role of the courts, and some solutions to improve the ADR mechanism in India.

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  • Insider Trading Laws- Problems and its Solution in comparison with US & UK

    Anuj Chhabra

    Student at RGNUL

    Insider Trading Laws- Problems and its Solution in comparison with US & UK

    Best Citation – Anuj Chhabra, Insider Trading Laws- Problems and its Solution in comparison with US & UK, 1 IJLR 19, 2022.

    Abstract

    Insider Trading Regulation is not a very old thing in India because the country has still been progressing and its regulations are always changing. India now adheres to the SEBI (Insider Trading Regulation) of 2015. Countries like the United States of America have had these rules for a long time, and as a result of the United States of America’s securities, various other countries tried to follow the same methodology and enacted Insider Regulations in their own countries. Corporations in India are also permitted to enact their own Insider Trading Regulations, which must be consistent with the Insider Trading Regulation Act. And by looking at all of these circumstances, it became clear that they needed to be examined and analyzed. This research compares and contrasts the Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015, and the United States of America’s Insider Trading Legislation. It also covers the difficulties and obstacles with implementing Insider restrictions in India, as well as possible alternatives through the US as well as UK legislation.

    Keywords – Insider Trading, SEBI, India, US, UK

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  • EVALUATION OF OFFENCES AGAINST THE STATE IN INDEPENDENT INDIA

    SHWETA

    Student at CENTRAL UNIVERSITY OF SOUTH BIHAR

    EVALUATION OF OFFENCES AGAINST THE STATE IN INDEPENDENT INDIA

    Best Citation – SHWETA, EVALUATION OF OFFENCES AGAINST THE STATE IN INDEPENDENT INDIA, 1 IJLR 14, 2022.

    ABSTRACT

    This paper is aimed to review the points concerning the legal positions in democracy of Bharat with regard to criminal activities against the State. This paper is restricted in scope to the offences like waging war, misdemeanour laws Associate in Nursingd abetting war. All crimes that to that degree touching the general public order ought to be thought-about as offences against the state. the general public tranquillity is one amongst the offences which don’t seem to be solely against the person and property of a personal however conjointly an offence against the State. There are many criminal activities which are considered as the offences against the State itself i.e. treason, misdemeanour and rebellion. It starts with introduction of offences or nature of offences against the State then enlists the penal provisions concerning that offence. Afterward this paper starts with the understanding of historical context in regard to offences. From Section 121 to Section 130 of Chapter VI of the Indian Penal Code, 1860 deals with the Offences against the State. Once an oversized range of persons interact in criminal activity with a standard intention then every of the person are prone to commit the offences. These all points are mentioned further during this paper.

    Keywords: Offences against the state, Sedition, Public Tranquillity, Government, Treason and Waging War.

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  • KAFKAESQUE IN INVESTIGATION LAWS IN INDIA

    Sanath S B

    student at Symbiosis Law School Hyderabad

    KAFKAESQUE IN INVESTIGATION LAWS IN INDIA

    Best Citation – Sanath S B, KAFKAESQUE IN INVESTIGATION LAWS IN INDIA, 1 IJLR 8, 2022.

    ABSTRACT

    The play “The Trial” was written by German-speaking Bohemian novelist Franz Kafka. The play starts on a fine morning of Joseph K’s thirtieth birthday, a man whom he never saw knocks and enters the bedroom and, another waits in the next room. The men informed him that he was arrested and had to remain in the room. This play is all about Joseph K, the protagonist who suffered the bewildering procedures and series of vague laws where neither the cause of his arrest nor the nature of the judicial proceedings is made clear to him. Joseph K was then summoned to meet the inspector, where again he did get to know what was happening. The inspector says that K is free to go for now and let K. continue with his work. This play revolves around a terrible situation faced by a man who is being framed and made to suffer for a mistake that he has not committed. Every trial has to be in accordance with the law, which will have to be in a justified and rational manner. But due to the irrationality in the system of law, innocent people such as the protagonist, Joseph K as portrayed by Franz Kafka had to face injustice until his death. This tale of the struggle faced by common people by the despotic administration, restricting them with their rights and an impediment to their progress in life. In this research paper, the main emphasis will be given understanding the similar struggle faced by Joseph K and problems faced by the common people under the law.

    Keywords: Kafkaesque, bewildering legal system, injustice, unfair trial.

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  • CENSORIUS STUDY ON THE CRIMINAL JUSTICE SYSTEM WITH RESPECT TO CASES MENTIONED IN THE BOOK NO NATION FOR WOMEN BY PRIYANKA DUBEY.

    Karanam LBP Kruthika

    CENSORIUS STUDY ON THE CRIMINAL JUSTICE SYSTEM WITH RESPECT TO CASES MENTIONED IN THE BOOK NO NATION FOR WOMEN BY PRIYANKA DUBEY.

    Best Citation – Karanam LBP Kruthika, CENSORIUS STUDY ON THE CRIMINAL JUSTICE SYSTEM WITH RESPECT TO CASES MENTIONED IN THE BOOK NO NATION FOR WOMEN BY PRIYANKA DUBEY, 1 IJLR 1, (2022)

    Abstract:

    Due to escalating incidents related to gender crimes against women, “Priyanka Dubey”, a professional reporter, contributed to the literary world. She wrote a ground reportage to aid people to recognize the issue of sexual assault in India and the victims having their justice delayed or not being served. This paper is a study on why and how the criminal justice system fails to do justice to the victims mentioned in the book “NO NATION FOR WOMEN” and, in general—a fundamental analysis of what the criminal justice system is and its difference in investigating the cases of sexual assaults, rapes and violence resulted due to gendered crimes. Assaults against women and the ignorance feigned by the public officials are ridiculed all along with every discussion in India. Many landmark cases that occurred in the past, like the Mathura case in 1972 or the infamous Nirbhaya case in 2012, were influential in modifying the Criminal laws associated with sexual violence, making forensic investigation mandatory and enervating the police force, constituency, and academic sectors. Regrettably, these amendments did not make any difference to how the system works. The public officials and ministry were said to have even wasted and underused the budget assigned to administrate the rules and laws. So, this paper is showing the result of delayed justice provided and relativity with criminal justice system. The sources and legal databases regarding the book were indulged in the investigation method and the landmark cases as further explanations. This paper is the unraveling of our search behind the Justice system and its failures.

    KEYWORDS: Sexual Assault, Criminal Justice System

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