Category: Volume 3 and Issue 1 of 2023

Conjugal Relationship as an Exception to Section 375: A Legal Analysis

Author – K Varun Dev, Student at School of Law, CHRIST (Deemed to be University), Bangalore.

Best Citation – K Varun Dev, CONJUGAL RELATIONSHIP AS AN EXCEPTION TO SECTION 375: A LEGAL ANALYSIS, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 707-714, ISSN – 2583-2344.

Abstract

“ A man is a man; an act is an act; rape is a rape, be it performed by a man the “husband” on the woman “wife” ”

– Observed by the Hon’ble High Court in Hrishikesh Sahoo and State of Karnataka & Ors.

Marital Rape literally means nonconsensual sexual intercourse by a person to whom the victim is married. In the Indian context, since the law defining rape does not recognize that a man can be raped, it is completely reasonable to believe that Marital Rape means nonconsensual sexual intercourse by the husband on the wife. The Indian Penal Code of 1860 which define and prescribe the punishment for rape does not recognize marital rape and explicitly mentions the same as an exception under it. This paper delves into understanding the effects of making such an act an exception under the Indian Penal Code and how it is violative of certain integral rights that are recogonized for women by the national laws and constitution as well as international conventions. Moreover, the paper also looks into how such an exception is discriminative of married women among women. This paper also tries to understand the theories behind the existence of such an exception and also the social impact of the same on the victims of Marital Rape. Furthermore, the paper also gently looks into the change in trend of judgements of courts over the time on the subject of Marital Rape inorder to understand the changes in the view of the courts with respect to this matter. Finally, the author concludes the paper by making a proposal to criminalize Marital Rape and also base the same on the fact that the pros of criminalizing Marital Rape overpower its cons.

Keywords: Marital Rape, Exception, Criminalization, Violation of Rights, Discrimination, Married Women.

Conundrums in Administration of IPR in Pharmaceutical Industry in India

Author – Prateek Chandra, Student of Bennett University, Times of India Group

Best Citation – Prateek Chandra, Conundrums in Administration of IPR in Pharmaceutical Industry in India, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 701-706, ISSN – 2583-2344.

Abstract

With time, there are numerous developments in the pharmaceutical industry which came with certain problems concerning getting the particular drug & medicine to be patented following the Patents Act 1970 which laid down the criteria and conditions under which the patent can be granted to the inventor in the field of the pharmaceutical sector to achieve new drugs and medicine as a result following the laid down criteria in the patents act benefiting the public due to the manufacturing of drugs which are effective and cost-efficient.

This paper will enlighten the concepts of Patent Rights granted under the patent laws in the pharmaceutical industry and what are the major problems associated with the process of patenting a drug or medicine and it’s further licensing to other manufacturers. It will highlight the problems in getting patent rights and licenses by other manufacturers from the patentee to manufacture the drugs at an easy and affordable price with the help of compulsory licensing. Further, this paper will highlight the new measures and steps taken by the government to improve the current situation of Intellectual property in the pharmaceutical industry in India.

Keywords: Evolution of patent system, Problems, Compulsory Licensing, reforms.

Case commentary – X Vs. THE PRINCIPLE SECRETARY OF HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF NCT, DELHI [APPEAL NO : 5802 of 2022]

AUTHOR – K.INDHUMATHI, Student at Government law college Madurai.

Best Citation – K.INDHUMATHI, Case commentary – X Vs. THE PRINCIPLE SECRETARY OF HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF NCT, DELHI [APPEAL NO : 5802 of 2022], Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 697-700, ISSN – 2583-2344.

Abstract

Medical termination of pregnancy Act,1971 & amendment Act,2021 and Medical termination of pregnancy rules 2003 were enacted to regulate the unsafe abortions and to legalize the abortion in certain cases. It provides some criteria who were eligible to legal and safe abortion for women. Medical termination of pregnancy act does not include the unmarried women. It  only includes the married woman, divorced wife, minor and widow. In this case the Supreme Court held that section 3(2)(d) of the Medical termination of pregnancy act, 1971 also include married and unmarried woman and also held that unmarried women are entitled to abortion within 20 to 24 weeks. This verdict  recognise  the  right to equality , right to privacy and right to reproductive choice  of the women. This judgement is a landmark judgement in Indian legal history.

Key words : Unmarried woman – Abortion – Reproductive choice – Pregnancy – Medical termination

An Analysis of Impact of GST in Real Estate Sector

Author – M.Srihariprasath, Student of Saveetha School of Law, SIMATS

Best Citation – M.Srihariprasath, An Analysis of Impact of GST in Real Estate Sector, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 690-696, ISSN – 2583-2344.

Abstract

           In this article we are going to deal with the role of GST in the real estate sector, and the impact of GST in that sector. The year 2017 brings a huge change in the financial side of our nation,and it leads to so many protests among the people of  our nations. The reason for the huge changes and the protests is only because of the three letter abbreviations “GST”. The GST is an indirect tax replacing so many indirect taxes in India such as the excise duty, VAT, services tax, etc. The GST foots his leg in all the products and its sales, and it didn’t even leave the Real estate sector. The present analysis was made through a random through a random and convenience sampling method where the survey was taken from common public, professionals, etc. The sample size in the present analysis is 200 samples, the independent variables in this analysis are gender and age, the dependent variables are reliable. The research tools used in the present paper such as graphical representation was also used to analyse the study.The objective of the research is to know about the people’s opinion about the gst impact in the real estate sector, and to know what are the changes happening in the real estate sector due to implementation of GST, to know whether gst is making a positive or negative impact in the real estate sector.

Keywords: GST, tax, indirect tax, real estate, implementation, changes, independent, etc.,

JUDICIAL ACTIVISM ON PATIENT RIGHTS PROTECTION

Authors – Aranya Nath, Doctoral Research Scholar Damodaram Sanjivayya National Law University Visakhapatnam & Antara Paral, Student of IFIM Law School Bangalore affiliated to Karnataka State Law University Hubli.

Best Citation – Aranya Nath & Antara Paral, JUDICIAL ACTIVISM ON PATIENT RIGHTS PROTECTION, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 678-689, ISSN – 2583-2344.

Abstract

A patient is any person who receives healthcare services and needs medical treatment from medical providers such as physicians, nurses, hospitals, clinics, and so on. A patient may be well or sick when obtaining healthcare treatments. In general, when a patient or family member enters a hospital or other medical facility, they are in a physically and psychologically weaker condition and so take the word of the medical provider as final and for granted. With the commercialization and privatization of the healthcare business, patients are frequently put at the receiving end of medical malpractices by facilitators who take unfair advantage of the patients’ vulnerabilities. Generally, throughout countries, patients’ rights are recognized as an inherent right under the Human Rights Convention or as an inseparable aspect of the fundamental rights of the concerned governments. As a result, patients’ rights would’ve acknowledged as legally valid rights to the extent that they have been embedded in that country’s legal framework. As well as, it may not be the comprehensive legal framework that people may enjoy uncodified because of their status as a citizen and not with the privilege of being patient. Simply codifying and stipulating patients’ rights is not the ultimate solution.

Keywords: Judicial Activism, Patient’s right, Privacy, Constitution, Fundamental Rights, Healthcare

Evidentiary Value of Forensics and its Legal Implications

Author – SHIVANI JOHRI, Assistant Professor at SHARDA UNIVERSITY

Best Citation – SHIVANI JOHRI, Evidentiary Value of Forensics and its Legal Implications, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 669-677, ISSN – 2583-2344.

ABSTRACT

In the investigation and prosecution of civil and criminal proceedings, forensic evidence analysis is used. It frequently can help in establishing a suspect’s guilt or innocence. It is also possible to link crimes that are thought to be connected using forensic evidence. For instance, DNA evidence may connect a single offender to numerous crimes or crime scenes (or exonerate the accused). Linking crimes helps police agencies discover and prosecute criminals by reducing the number of potential suspects and detecting patterns of crime.

The overview of forensic science has to be looked from the point of Archimedes^[1] as he is called as ‘the father of forensic science. In the criminal justice system, forensic science is crucial because it gives precise information through the examination of physical evidence and the identity of the perpetrator using unique clues like fingerprints, footprints, blood droplets, or hair. Artifacts left at the scene and with the victim, or transported from the location and with the victim, serve to link the criminal to the crime. On the other side, the accused’s innocence is established if the uncovered clues do not link the accused to the victim or the scene of the crime. Thus, in the modern world the existence of forensics is certainly a boon for the entire legal fraternity. Keywords- Forensic evidence analysis, DNA, fingerprints, physical evidence

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[1]  Aditya Jain, Evidentiary value of Fingerprints in Indian Criminal Justice System,( June 2021) https://articles.manupatra.com/article-details/Evidentiary-value-of-Fingerprints-in-Indian-Criminal-Justice-System( Last Visited on – 22 December, 2022)

SUPERSTITIOUS BELIEFS RELATED TO WIDOWS IN INDIA  AND KENYA

Author – Hardik Gupta, NMIMS

Best Citation – Hardik Gupta, SUPERSTITIOUS BELIEFS RELATED TO WIDOWS IN INDIA AND KENYA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 657-668, ISSN – 2583-2344.

ABSTRACT

The paper tries to bring into light the oppression and infringement of rights which the widows in India and Kenya face because of the customs and widowhood rituals in both the countries. Though there are different customs in these countries like Sati pratha, widow cleansing and drinking corps’ water which not only dehumanize the society but also infringe the fundamental rights of these widows. There is no historical proof that these practices must be followed by every widow even there is no contribution shown of Kenyan woman in their history which brings out the neglected and rejected status of woman in the society. In the Indian context where so much importance is given to Vedas and other epic and there being no mention of sati pratha in these books brings out an objection that are this customs for the benefit of the woman going to die or there because of wrong interpretation of these books. Such is the condition of woman in a country like India which gives fundamental rights to its citizens irrespective of gender and also has ratified many international treaties for woman empowerment and human rights. Not only India Africa to has ratified many international conventions but even after that this type of practices take place commonly there, the reason being the lack of education and financial independence of woman in these countries. Many women even today are unaware of their rights and thus due to ignorance of these rights they are fooled by these customs and have to face hardships throughout their life.

PRESIDENTIAL VETO OVER LEGISLATION

Author – Hardik Gupta, NMIMS

Best Citation – Hardik Gupta, PRESIDENTIAL VETO OVER LEGISLATION, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 651-656, ISSN – 2583-2344.

ABSTRACT

The paper deals with the analysis of one of the discretionary powers of the President of India who is the nominal head of the government and the highest constitutional body in India. The power of vetoing over a bill passed by the legislature is dealt in this paper. Along with the discussion of this discretionary power, various types of veto powers are also studied in this paper and are compared to the veto powers with the Heads of different states. The comparison done gives a deeper and contextual understanding of the subject and is thus done in paper. The Presidential veto is not only available in matters of union legislature but are also available in the matters of state legislature if a particular bill has been kept for consideration of the President by  Governor of that state and thus, an analysis of this power is also done in this paper along with the politics that is played behind it.

LAW RELATED TO WITNESS PROTECTION IN INDIA

Author – Hardik Gupta, NMIMS

Best Citation – Hardik Gupta, LAW RELATED TO WITNESS PROTECTION IN INDIA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 644-650, ISSN – 2583-2344.

ABSTRACT

The paper aims at giving an analysis of the condition of witnesses and the status of their security in the judicial process. The analysis will be based on various law commission report , article and court judgments based on which it will be seen that are there any special provision or laws provided for the protection of witness. The paper also aims at exploring another aspect of mental health of a witness after going through a tough judicial proceeding with reference to 154th law commission report. Various sections of Cr. P.C. and IPC will be too analysed as to see does these codes provide for any special procedure for witness protection or punishment for threatening a witness for giving false statement in the court.

SCHEME FOR JUDICIAL APPOINTMENTS IN INDIA AND COLLEGIUM SYSTEM: A CONSTITUTIONAL APPRAISAL

Authors – Dheeraj Kumar, Senior Research Fellow & PhD Research Scholar & Prof. (Dr.) Mahammad Sharif,  Principal, Patna Law College &Research Supervisor, Faculty of Law, Patna University, Patna

Best Citation – Dheeraj Kumar & Prof. (Dr.) Mahammad Sharif, SCHEME FOR JUDICIAL APPOINTMENTS IN INDIA AND COLLEGIUM SYSTEM: A CONSTITUTIONAL APPRAISAL, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 628-643, ISSN – 2583-2344.

Abstract

The Constitutional obligations of the judiciary place it on the most respectable and dignified position under the Indian Legal system, that has to be maintained at any cost, in order to uphold the faith and confidence of We the people. For that it has to consistently act in fair, equitable and transparent manner, at each and every stages of functioning in judicial as well as administrative capacity. In any system the output results depend upon the quality and nature of inputs given therein. The judicial system is not immune from such saying. Judicial appointments in India have been subjected to severe criticism on various occasions at various forums. It has been a matter of great concerns among legal and judicial fraternity as well as public at large, due to the existing system of appointments and manner of its functioning. Several legislative as well as judicial attempts have been made towards this aspect of judicial reform, but this continuous process continues till the existence of the institution, with a view to improve and strengthen it. In this backdrop the paper examines the Scheme for judicial appointments in various courts in India and relevancy, efficacy and efficiency of the collegium system in the light of constitutional vision and relevant provisions.

Keywords: Judicial Appointment, Collegium System, Judicial Independence, NJAC