Category: Volume 3 and Issue 1 of 2023

A STUDY ON LIFE THREATENING DISEASE TO THE CHILDREN BY EXPOSING THEM TO THE RADIATION OF ELECTRONIC DEVICES IN TAMILNADU

Authors: PADMESH R, Student of SAVEETHA SCHOOL OF LAW

Best Citation – PADMESH R, A STUDY ON LIFE THREATENING DISEASE TO THE CHILDREN BY EXPOSING THEM TO THE RADIATION OF ELECTRONIC DEVICES IN TAMILNADU, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 224-231, ISSN – 2583-2344.

ABSTRACT:

In our day to day life, we are using many electronic devices for various uses like communication, navigation, work, medical needs, entertainment etc. They are very much convenient for us and also makes our work easier but they are very harmful to our health. They emit electromagnetic radiation which is a threat to our health. This electromagnetic radiation leads to many diseases like blood brain barrier, cancer, fertility and reproduction, electromagnetic hypersensitivity, and glucose metabolism. The research method used is empirical research, the sample collected for this research is simple random sampling method, total sample size is 250 which was collected to the public of poonamallee area. The dependent variables are anxiety, depression, shortened life span, reduced attention towards anything as a factor, parental supervision for children, light emitted from electronic devices affects sleep pattern. Independent variables are Age, gender, occupation, educational qualification, marital status. The aim of the study is to study the factors which are affected due to the electronic devices.

KEYWORDS: Electromagnetic radiation, Metabolism, Hypersensitivity, Fertility, Communication

INDIA’S SOCIO- LEGAL QUANDARY IN COMPOUNDING SEXUAL OFFENCES

Authors: Aamina Rafeek & Derene Gonsalvez, Students of His Highness The Maharaja’s Government Law College, Ernakulam

Best Citation – Aamina Rafeek & Derene Gonsalvez, INDIA’S SOCIO- LEGAL QUANDARY IN COMPOUNDING SEXUAL OFFENCES, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 212-223, ISSN – 2583-2344.

Abstract

“Yatra naryastu pujyante ramante tatra Devata, yatraitaastu na pujyante sarvaastatrafalaah kriyaah” translates to “Where Women are honoured, divinity blossoms, and wherever women are dishonoured, all action no matter how noble it may be, remains unfruitful.”. This shloka from Manusmriti outlines the divinity attached to women of our country since ancient times. The patriarchal impositions behind this being questionable, the proposal of compounding sexual offences against women is frowned upon by society. These are crimes against society and falls out of the purview of compromise. However the High Courts of our country are empowered to allow compromises of non-compoundable offences under special circumstances. This paper explores the scope of compounding sexual offences in India and the possible conditions for same without extinguishing the objective of serving justice. The concept sounds contradicting but is a novel situation cropped up recently with change in societal perspectives on male-female relationships, ideas on family and much more. The accused right issues due to fact that the victim would not assist the case after the compromise and would not provide any evidence, consuming the court’s time is also a point to ponder. The stance of Indian judiciary in this matter is perceived through a handful of judgements. As the criminal justice systems globally look into effectiveness and practicality of a “restorative” justice system, wherein when crime is done against an individual, there is need to focus on that particular individual rather than state displaying itself as a major victim, discussion on compoundability comes into scene.

HONOUR KILLING- A CRITICAL ANALYSIS OF THE SOCIAL AND MORAL ASPECT OF THE CRIME

Authors: Maram Deepika, Students of Symbiosis Law School, Hyderabad

Best Citation – Maram Deepika, HONOUR KILLING- A CRITICAL ANALYSIS OF THE SOCIAL AND MORAL ASPECT OF THE CRIME, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 205-211, ISSN – 2583-2344.

ABSTRACT

The issue of Honour Killing has been following humans like a shadow and has been haunting their lives constantly.  Every citizen of this country has to be responsible and aware of his own rights. No person should try to infringe the right of another person. A man or a woman has a right to live a life of their choice with liberty and dignity. No person should try to have a control on the other person’s decisions or actions. Killing a human being might be for family honour or any other reason is wrong. So, the more people become aware of such a crime and understand how wrong it is to take a person’s life for reasons like family honour and prestige the more they will be able to sympathise, empathise and as fellow citizens become responsible and fight for those facing such problems. So, this study will be useful for the people and the society at large. So, the researcher took up this topic to understand the crime and the points which trigger a person’s mind to commit the crime and to understand and analyse how morally and ethically the act is wrong. This research would also help the Judiciary to improve the law and bring necessary changes in the legal system to abolish such a crime. It would help the researcher understand the real problem ans estimate the mindset of a particular person or community committing the crime.

EXEMPTIONS UNDER RTI ACT- A COMPARATIVE STUDY

Authors: ALEENA MARIA MONCY, Student of Christ (Deemed to be University)

Best Citation – ALEENA MARIA MONCY, EXEMPTIONS UNDER RTI ACT- A COMPARATIVE STUDY Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 199-204, ISSN – 2583-2344.

ABSTRACT

Fundamental rights have been developed considering the existing natural rights to ensure that people can enjoy certain rights and freedoms for carrying out different functions. The right to freedom of speech and expression made available to citizens of India is one of the important rights provided to people which also includes the right to obtain different kinds of information and express your views and opinion on the same. The right to information has been discussed in this legal provision mentioned in the Constitution of India which was further made clear through the enactment of the Right to Information Act in 2005. It provided a complete mechanism for the fulfilment of functions concerning important information and data in different domains. In this paper, the researcher focuses on the right to information legislation in different countries like UK and Mexico compared with the provisions in India along with the exemptions concerning the same. The researcher has analyzed the constitutional provisions and the provisions mentioned under the Right to Information Act, 2005 to understand how the right is made available to the citizens in India. The Freedom of Information Act in the UK and Mexico are analyzed and compared with that of India to deal with the different aspects of the right to information. The right to access different kinds of information from public authorities is also discussed by the researcher in this paper where the provisions for the same in different countries are referred to.

“DEVELOPMENT OF THE DOCTRINE OF SOVEREIGN IMMUNITY IN ENGLAND AND INDIA- COMPARATIVE ANALYSIS”

Authors: Neelagowri B C, Student of Christ (deemed to be university) Bengaluru

Best Citation – Neelagowri B C, “DEVELOPMENT OF THE DOCTRINE OF SOVEREIGN IMMUNITY IN ENGLAND AND INDIA- COMPARATIVE ANALYSIS”, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 192-198, ISSN – 2583-2344.

ABSTRACT

                According to the Doctrine of Sovereign Immunity, a king is immune from punishment. Around the world, this idea has been widely adopted. King is above the Law. Throughout the period of and during the reign of the monarchy, this principle was created. Today, it is considered that this theory must have lost its lustre in this era of democracy where voters make or break governments. But the sad reality is that governments all across the world have opted to rely on this antiquated principle even after proclaiming democracy. According to the Rule of Law No one is above the law, in essence, A government’s sovereign immunity prevents it from being sued in its own courts without its approval. The British Common Law has established sovereign immunity. “Rex non potest peccare” or “the king can do no wrong,” is a legal principle. However, most international constitutions prohibit holding politicians accountable in the same way as regular people. The idea has its origins in the notion that the King of England, who exercised divine power, was impervious to wrongdoing. The courts would not permit a lawsuit against the king as a result, with a few carefully stated exceptions. The English colonisers later took this idea of sovereign immunity to the Indian colonies, and it eventually made its way into our legal system as well. Sovereign immunity, in its most basic definition, is the legal immunity enjoyed by governmental bodies. The writings of Bodin, Austin, and Hege provided the philosophical foundation for the early concepts of sovereign immunity. The article charts the development of the doctrine of sovereign immunity in India and the UK, focusing in particular on the state’s tort responsibility. The emphasis is on using case law to draw analogies and define and explain the application and repeal of this concept.

KEYWORDS: Sovereign Immunity, State, King, India, US, Doctrine

CUSTODIAL DEATHS AND POLICE BRUTALITY: ROLE OF JUDICIARY AND NHRC

Authors: ANIKETAN S, Student of School of Law, Christ university

Best Citation – ANIKETAN S, CUSTODIAL DEATHS AND POLICE BRUTALITY: ROLE OF JUDICIARY AND NHRC, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 176-191, ISSN – 2583-2344.

ABSTRACT:

In today’s world violation of basic human rights have become very rampant, especially in the cases of Custodial Death, Police Brutality and Encounters, basically extra-judicial killings. These kinds of abhorrent acts are usually deemed as “Instant Justice”. India, which is considered to be the largest democracy in the world, has failed to uphold the promises of the constitution to carryout transparency in extrajudicial incidents. The very purpose of rule of law and constitutionalism has not been entrusted in veracious manner. Over the years the term extra-judicial killings have gained popularity and has been misinterpreted. It wouldn’t be wrong to say that these incidents have led to despotism form of government instead of democracy. Custodial tortures and brutality violate prisoners’ basic rights.

“Encounter” has been misused by the police department in the name of ‘SELF-DEFENCE’.  Especially in country like India, it has gained lots of popularity and importance unfortunately its very prevalent even today.  In most of the cases, encounters have been self-proclaimed as badge of honor to the concerned authorities, which also makes way for political mileage to the ruling and opposition parties who in turn give it an emotional and sentimental angle to it creating celebrations in the public in any high-profile cases. Over the years this has made the public to lose hopes and trusts in the judiciary. Despite several statutory provisions, conventions, constitutional safeguards, directions of the supreme court, the cases of custodial death and police brutality have not come down and has been rampant till date. Judiciary and other agencies have a huge responsibility on back of their shoulders to gain back the trust of the public and upload the constitution and vindicate the rule of law concept.

KEYWORDS:  Human Rights, Encounters, Brutality, Extra-Judicial Killings, Custodial tortures.

CRITICAL EXAMINATION OF THE USE AND MISUSE OF SEDITION LAW IN INDIA VIS-À-VIS THE TOOLKIT CASE

Authors: Arushi Amod Tripathi, Student of NMIMS School of Law

Best Citation – Arushi Amod Tripathi, CRITICAL EXAMINATION OF THE USE AND MISUSE OF SEDITION LAW IN INDIA VIS-À-VIS THE TOOLKIT CASE, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 169-175, ISSN – 2583-2344.

ABSTRACT:

The sedition statute, which may be found in the Indian Penal Code under section 124A, dates back to the time of the colonial government. The British were the ones who initially introduced it into the IPC in the year 1870. However, the legislation seems to be misused on several occasions, despite rare conviction. Further, the law is also often contended to be against the freedom of speech and expression enshrined in the constitution The law has been repealed in several other nations, inclusion England. This paper aims to critically examine the sedition law in India through the Supreme Court’s bail order in the case of Disha A. Ravi vs State (NCT of Delhi) & Ors.

Keywords: Sedition, Bail, Supreme Court, Indian Penal Code 124A

CRITICAL ANALYSIS OF THE PRISONERS’ RIGHTS VIZ A VIZ ARTICLE 21

Authors: Shejal Harichandan, Student of School of Law, Christ University

Best Citation – Shejal Harichandan, CRITICAL ANALYSIS OF THE PRISONERS’ RIGHTS VIZ A VIZ ARTICLE 21, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 163-168, ISSN – 2583-2344.

ABSTRACT

The world’s justice system revolves around punishing the individual who has acted or omitted in a way that has resulted in the loss of our self-evident rights. The laws relating to the rights of prisoners are very dynamic. The rights now granted to prisoners may not have been available to them during the period of independence or British rule. The pre-Independence period was a dark period for the Indian Criminal Justice System in terms of treatment of prisoners, when the British used incarceration and even minor offenses could result in the individual’s execution. The purpose of this study is to probe into the treatment of the prisoners in the prison with respect to whether a violation of Article 21[1], which talks about the life and personal liberties’ rights that are vested with us, is occurring or not. As we know, our Indian society is based on the principles of respect for each other, non-violence, and the dignity of the human being, so if a person acted or omitted something resulting in him committing a crime, it does not mean that he will or should be considered a human being again. And if there is any violation of Article 21, this leads to a violation of Article 14[2]. Here, Article 14 talks about the “A.V. Dicey’s Rule of Law” where equality before the law and equal protection of the laws are emphasized. So, everybody is equal in the eyes of law, so violating it would mean that they are not being treated as human beings by giving them their unalienable rights.

Keywords: Indian Criminal Justice System, Article 21, Article 14, Unalienable rights

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[1] The Constitution of India, 1950

² Ibid.

“CRITICAL ANALYSIS OF MOVABLE & IMMOVABLE PROPERTY.”

Authors: Spandana Reddy Bommu, Student of Symbiosis Law School, Hyderabad

Best Citation – Spandana Reddy Bommu, CRITICAL ANALYSIS OF MOVABLE & IMMOVABLE PROPERTY, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 153-162, ISSN – 2583-2344.

ABSTRACT:

The paper “A Critical Analysis of Movable and Immovable Property” examines the numerous elements associated with the concept of property within the Indian legislative structure. The initial chapter briefly introduces the subject property and its application to The Transfer of Property Act. The Act’s particular legislative elements are presented in the subsequent section, which outlines the distinctions between moveable and immovable property. The researcher also addressed how ambiguous terms and concepts have resulted in ambiguity in establishing clear delineations among the two types of property structures within the legislative system of India. The author also examines the debate in the Law Commission’s findings over what characterises “movable and immovable property”. The fifth and the last section explore the legal decisions which opened ground for the development and evolution of the moveable versus immovable property conflict. It also distinguishes English and Indian law. In addition, Indian cases have been thoroughly discussed later, where the Judiciary has articulated specific rules to clarify the ambiguity about this property categorisation.

KEYWORDS: Movable, Property; Immovable, Law Commission, Transfer of Property Act.

Critical Analysis of Character Merchandising and its impact on Intellectual Property Rights

Authors:  Pooja, Student of Christ Deemed to be University

Best Citation – Pooja, Critical Analysis of Character Merchandising and its impact on Intellectual Property Rights, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 148-152, ISSN – 2583-2344.

Abstract

Many entertainment firms started a separate channel for cartoons to cover the global level audience of children. The customizable products allow the customers to choose which character they want in their product. A character is used as a tool for the promotion of products and it leads to a brand image for business firms. Such brand images are liable to be protected from commercial exploitation. The lacuna that is found in the Indian Legal system is the absence of specific legislation regarding personality rights and image merchandising. This paper analyzes the growth and impact of character merchandising in market and its implications on constitutional rights of individual. In addition to that, the relationship between intellectual property violation and character merchandize is also brought out. The research methodology adopted is a combination of qualitative and doctrinal research method.