Category: Volume 4 and Issue 1 of 2024

WOMEN OF THE GLOBAL SOUTH AS “VICTIMS OF OPPRESSIVE CULTURES”: LAW AND PRACTICE ON GENDER-BASED ASYLUM

AUTHOR – SAKSHI TIRTHANI, PH.D. SCHOLAR AT CENTRE FOR INTERNATIONAL LEGAL STUDIES, JAWAHARLAL NEHRU UNIVERSITY, NEW DELHI, INDIA

BEST CITATION – SAKSHI TIRTHANI, WOMEN OF THE GLOBAL SOUTH AS “VICTIMS OF OPPRESSIVE CULTURES”: LAW AND PRACTICE ON GENDER-BASED ASYLUM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1707-1711, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The 1951 Refugee Convention has been criticized for its gender-blindness. There is no explicit mention of the word ‘sex’ or ‘gender’ as grounds for refugee status. However, over the last three decades, there has been much emphasis on gender-sensitive interpretation of the refugee definition. Despite the positive developments in international refugee law, asylum claims based on gender-related forms of persecution pose interpretive challenges, and are inadequately and inconsistently addressed in domestic jurisdictions. When women from the Global South apply for asylum in the countries of the Global North on the basis of gender-based persecution, they are labelled as vulnerable victims of their oppressive cultures. The paper discusses this practice in detail, with examples. The author argues that portraying asylum-seeking women as passive victims and simply attributing this status to the cultures of their home countries is a flawed approach. The author makes some suggestions to rectify this problematic tendency, building on what UNHCR and various scholars have stated in this regard.

UNVEILING ARTISTIC FREEDOM: A COMPREHENSIVE ANALYSIS OF ARTISTIC EXPRESSION THROUGH THE LENS OF ARTICLE 19

AUTHORS – DEVANSH BANSAL & NABAPARNA KUMAR, STUDENTS AT SYMBIOSIS LAW SCHOOL NAGPUR

BEST CITATION – DEVANSH BANSAL & NABAPARNA KUMAR, UNVEILING ARTISTIC FREEDOM: A COMPREHENSIVE ANALYSIS OF ARTISTIC EXPRESSION THROUGH THE LENS OF ARTICLE 19, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1700-1706, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The paper titled – Unveiling Artistic Freedom: A Comprehensive Analysis of Artistic Expression Through the Lens of Article 19, would explore the complex relationship between censorship and artistic freedom with a special emphasis on the effects of OTT platforms, press censorship, issues with societal norms, and the legal structure for expressing one’s creativity, the impacts of censorship on artists and the pursuit of striking a balance between legal restrictions and artistic freedom. This research looks at how digital platforms such as OTT media, affect creative expression. Specifically, we look at how these platforms both make it easier and harder for creative works to be shared. In addition, we examine the difficulties the government pose to the artists by the way of censorship and impede their creative liberty. This paper investigates the complex interactions that exist between censorship systems, cultural standards and the laws that control creative expression. This paper also explores the impact censorship have on the artists emphasizing the deterrent effect it might have on artistic discourse variety and creative expression. Striking a fine balance between creative expression and the law the paper examines the conflicts that arise when regulating creative material. The paper provides a pathway towards a more diverse creative environment by supporting open and accessible legal standards, strong judicial supervisions and public involvement channels. In the end this research paper puts emphasis on how crucial creative freedom as a basic human right is and works as the fourth pillar of democratic nations. Through the prism of the 19^th article the paper sheds light on the intricacies of artistic expression and to cultivate a more profound understanding of the obstacles and possibilities that come with advancing a culture that values creativity and diversity. Keywords- Over-The-top (OTT), Artistic Expression, Censorship, Public Involvement, Judicial Interference.

A COMPARATIVE STUDY ON SENTENCING POLICIES AND RECENT TRENDS OF RESTORATIVE JUSTICE SYSTEM IN INDIA WITH USA AND UK

AUTHOR – DEEPAK SINGH JADON, STUDENT AT SCHOOL OF LAW, ITM UNIVERSITY, GWALIOR

BEST CITATION – DEEPAK SINGH JADON, A COMPARATIVE STUDY ON SENTENCING POLICIES AND RECENT TRENDS OF RESTORATIVE JUSTICE SYSTEM IN INDIA WITH USA AND UK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1687-1699, APIS – 3920 – 0001 & ISSN – 2583-2344

I. Introduction

Sentencing Policy refers to the mechanisms adopted by any criminal justice system to respond towards the commission of crime in the society. A sentencing policy encompasses wide range of processes and strategies relating to determination of the nature and type of penalty, procedure & rules governing release of offenders, and supervisory guidelines for governing post-imprisonment scenarios.^[1] The sentencing policy of any criminal justice system cumulatively reflects the comprehensive measures adopted by that system towards the criminals in terms of their punishment, reformation and prison management.

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[1] Andres F. Rengifo, Sentencing Policy, Oxford Bibliographies (Nov 01, 2017).

NAVIGATING THE RIGHT TO HEALTH IN INDIA: CHALLENGES AND PROSPECTS

AUTHOR – TAPAN KUMAR MAITI, PH.D. SCHOLAR AT SCHOOL OF LAW AND JUSTICE, ADAMAS UNIVERSITY, WEST BENGAL INDIA

BEST CITATION – TAPAN KUMAR MAITI, NAVIGATING THE RIGHT TO HEALTH IN INDIA: CHALLENGES AND PROSPECTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1679-1686, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

It is important to guarantee the right to health because it is about our humanity and quality of life. However, with the diversity and problems in India, this right can be achieved but is not easy. This article examines the right to health in India. We will be looking at its history, current healthcare system, relevant laws related to this topic, and the many obstacles. It examines the social and economic factors, regional disparities, and systemic issues that impact healthcare access. Unlike many articles that only discuss the issues faced in implementing the right to health, this article also includes ideas on how to realize this right in India. It contains examples of best practices and initiatives that have a positive effect, including case studies. Through the article, the concept of health equity and human rights is presented with emphasis on the need for collaboration among policymakers, healthcare workers, civil society, and the community. This article ends with a plea for collective action to eliminate barriers and make quality health care available to all in India.

NAVIGATING THE NEXUS: A COMPREHENSIVE EXPLORATION OF COMPANY VS TRUST REGISTRATION FOR EDUCATIONAL INSTITUTIONS IN INDIA

AUTHOR – ANKITAA N. IYER, STUDENT AT SYMBIOSIS LAW SCHOOL, PUNE

BEST CITATION – ANKITAA N. IYER, NAVIGATING THE NEXUS: A COMPREHENSIVE EXPLORATION OF COMPANY VS TRUST REGISTRATION FOR EDUCATIONAL INSTITUTIONS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1675-1678, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRCT

India’s business landscape is characterized by dynamism and is evolving with the changing needs of the day. In this background, the choice of form of business plays a pivotal role in deciding its sustainability. The study meticulously examines the divergent legal framework, mechanisms of governance, funding strategies, and tax implications and provides a comprehensive evaluation of the pros and cons of two particular forms of business – company and trust, for registering an educational institution. Delving into pertinent case laws, this paper sheds light on the delicate equilibrium between profit aspirations and the noble objective of providing education. It thus forges a path for informed decision-making and management of such institutions, as these are the bedrock of societal progress in India.

KEYWORDS: Educational Institution, Not-for-Proft Organization, Trust, Section-8 Companies, Registration.

CRITICAL ANALYSIS OF THE LAW OF INDEMNITY UNDER SECTION 124 AND SECTION 125 OF THE INDIAN CONTRACT ACT, 1872

AUTHOR – ANKITAA N. IYER, STUDENT AT SYMBIOSIS LAW SCHOOL, PUNE

BEST CITATION – ANKITAA N. IYER, CRITICAL ANALYSIS OF THE LAW OF INDEMNITY UNDER SECTION 124 AND SECTION 125 OF THE INDIAN CONTRACT ACT, 1872, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1671-1674, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

A contract entered into between two parties in which one promises to shield the other from loss is known as an indemnification contract.^[1] In these contracts, the party receiving the protection is referred to as the indemnity-holder or the indemnified, while the party saving from such damage is referred to as the indemnifier. The law of indemnity is enshrined in Section 124 and Section 125 of the Indian Contract Act, 1872^[2]. Such contracts are typically included in a clause with another instrument rather than being utilized individually. The Indian Contract Act of 1872 limits the scope by specifying the ‘contract of indemnification’ instead of ‘promise of indemnity’. This paper aims to throw some light on the limitation of the statute on the grounds of the scope within the ambit of the sections involved.

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[1] https://www.ijlmh.com/paper/identifying-the-gaps-issues-and-shortcomings-in-section-124-and-section-125-of-the-indian-contract-act-1872-and-recommending-solutions-to-fill-the-gaps-and-shortcomings/

[2] The Indian Contract Act, Act No.9, Imperial Legislative Council, (1872).

IMPACT OF MOTOR VEHICLE ACT ON TORTS LAW IN INDIA

AUTHOR – ABHINAV PATEL, STUDENT AT DR. RAM MANOHAR LOHIA NATIONAL LAW UNIVERSITY

BEST CITATION – ABHINAV PATEL, IMPACT OF MOTOR VEHICLE ACT ON TORTS LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1657-1670, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Motor Vehicles Act (MVA), hereinafter MVA in India stands as a pivotal legislation governing road safety, vehicle operations, and liability in cases of accidents. This research paper delves into the multifaceted impact of the MVA on tort law in India. Through an extensive examination of legal provisions, judicial interpretations, and scholarly analyses, the paper elucidates how the MVA has influenced the landscape of tort law, particularly concerning negligence, compensation, and liability determination in motor vehicle accident cases. By exploring key legal principles, case studies, and legislative developments, the paper provides valuable insights into the interplay between statutory regulations and common law principles, shedding light on the complexities and implications of the MVA on tort law jurisprudence in India.

REVISITING CENTRE-STATE RELATIONS IN INDIA: A CALL FOR A FRESH FRAMEWORK

AUTHOR – DINESH KUMAR MISHRA, STUDENT AT GNLU SILVASSA CAMPUS

BEST CITATION – DINESH KUMAR MISHRA, REVISITING CENTRE-STATE RELATIONS IN INDIA: A CALL FOR A FRESH FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1649-1656, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract-

“Ever since the Indian Constitution was drafted, the relationship between the central government and the state has been a contentious topic of discussion in India. The people who drafted the Constitution had the intention of establishing a federal system that could strike a balance between the power of the central government and the power of the states by granting them both autonomy and cooperation. Taking this into consideration, numerous concerns and debates concerning these connections have been brought up over the course of time, which has resulted in calls for a reassessment of the framework that is currently operating. The centre-state relationship in India as it exists today is the subject of this research article, which places a particular emphasis on the most significant problems and difficulties associated with the existing framework. In addition to that, it will make an effort to evaluate the historical context as well as the development of federalism in this country. In addition, developments such as the introduction of the goods and services tax (GST) and the role that finance commissions play in relation to the relationship between the centre and the state will be taken into consideration. A fresh structure for the interactions that take place between the central government of India and its individual states is presented in this article. This framework acknowledges the various social, economic, and political realities that are constantly evolving in India. While simultaneously promoting collaboration and coordination between the central government and the states, it champions the idea that states should have a greater degree of autonomy in decision-making. The framework addresses a variety of issues, including fiscal federalism, administrative reforms, and conflicts between states, and it proposes specific reform measures”.

Keywords- centre state relation, liberalization, globalization, political parties

TAXATION LAW IN INDIA AND AUSTRALIA

AUTHORS – PRADEEP VAJPAYEE, MAHARASHTRA NATIONAL LAW UNIVERSITY AURANGABAD

BEST CITATION – PRADEEP VAJPAYEE, TAXATION LAW IN INDIA AND AUSTRALIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1634-1648, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This Seminar Paper Presents a Detailed Comparative Analysis Of Taxation Laws In India And Australia, Delving Into Key Dimensions Such As Income Taxation, Corporate Taxation, Goods And Services Tax (Gst), Tax Administration, And Recent Developments. By Examining The Nuances Of Each Country’s Tax System, The Paper Uncovers Notable Similarities And Differences, Providing Valuable Insights For Policymakers, Practitioners, And Researchers. Through An Exploration Of Tax Brackets, Deductions, Exemptions, And Treatment Of Various Income Sources, Alongside An Analysis Of Corporate Tax Rates, Multinational Considerations, And Gst Structures, The Paper Offers a Comprehensive Understanding Of How Taxation Laws Shape Economic Landscapes In Both Countries.Furthermore, The Paper Scrutinizes Tax Administration Processes, Including Compliance Mechanisms, Audit Procedures, And Enforcement Measures, To Assess The Efficacy Of Tax Authorities In Ensuring Fairness And Revenue Collection. By Investigating Tax Treaties, Case Studies, And Recent Reforms, The Paper Elucidates The Practical Implications Of Taxation Laws On Individuals, Businesses, And The Broader Economy. Ultimately, This Comparative Analysis Contributes To a Deeper Understanding Of The Complexities Of Taxation Systems In India And Australia, Offering Valuable Insights For Fostering Effective Tax Policy, Administration In The Global Tax Landscape.

GLOBAL ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH SPECIAL REFERENCE TO COUNTERFEITING AND PIRACY

AUTHOR – SHIVANI JOHR, ASSISTANT PROFESSOR AT SHARDA UNIVERSITY

BEST CITATION – SHIVANI JOHRI, GLOBAL ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH SPECIAL REFERENCE TO COUNTERFEITING AND PIRACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1628-1633, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Modern age has come upon several occasions when nations have been instrumental in the making of international law. But the nature and influence of the current actors on States,  and characterised by a global network of wealthy private corporations working in tandem from across boundaries of affluent nations, is extraordinary. Indeed, today’s most widely accepted international intellectual property law was a perfectly constructed norm-setting schema of just twelve global corporations working collectively behind closed doors, for the sake of addressing counterfeiting and piracy.

The world has been witness to intellectual property counterfeiting and piracy since a very long time and currently this apparent reality has grown in proportion. Counterfeiting is principally linked to the external manifestation of goods or products. The internal, constitutional component of any product involved, are generally not deemed to be falling within the ambit of counterfeiting. Thus, as far as intellectual property (IP) is concerned, counterfeiting is essentially a trademark issue. Similarly, in intellectual property parlance, piracy is essentially associated with the domain of copyright. The copying or using of the content of a creation or matter that there are references to piracy having taken place during the ancient Greek and Roman periods.

This Research paper is rather an endeavour to establish an analogy between offences related to IP infringements such as counterfeiting and piracy.

Keywords- Counterfeiting, Piracy , Intellectual property