Category: Volume 4 and Issue 1 of 2024

IN THE WAKE OF EQUALITY- EVOLUTION OF THIRD GENDER’S RIGHTS IN THE EYE OF LAW IN INDIA

AUTHOR – NITIN VERMA, STUDENT AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – NITIN VERMA, IN THE WAKE OF EQUALITY- EVOLUTION OF THIRD GENDER’S RIGHTS IN THE EYE OF LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 698-704, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper analyses the condition of the Transgender community in India, who are actually Considered as Hijras and their Historical Background, social problems faced by Transgender on day-to-day basis. Further, this paper will focus upon the new Act introduced in 2019 that provides for reformation and upliftment of this group of society.

Despite having a long history of acceptance in our culture, transgender people are still struggling daily to be accepted by our society.^[1] Families and other social groups reject the members of this community. Due to the lack of possibilities for adequate education, job, and access to health care, they are sometimes driven into ritual begging since they have no other means of support. In modern culture, transgender people come in all racial, cultural, religious, and social backgrounds. Moreover, due to the rigid, forced compliance to sexual dimorphism, they are subjected to bewilderment and agony. They have contended with injustices brought on by societal shame, discrimination, and rejection of their civil and human rights. They experience widespread prejudice in the domains of their own families, social lives, housing, education, health, and other areas.

Keywords: Transgender, Third Gender, Hijra, Sexual Dimorphism, Social Shame.

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[1] Available at https://www.mdpi.com/2313-5778/6/4/92. Accessed on 09.11.2023

INTELLECTUAL PROPERTY RIGHTS& EXCESS TO MEDICINE “BALANCING INNOVATION& PUBLIC HEALTH”

AUTHOR – PRABHAT TOMAR, STUDENT AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – PRABHAT TOMAR, INTELLECTUAL PROPERTY RIGHTS& EXCESS TO MEDICINE “BALANCING INNOVATION& PUBLIC HEALTH”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 750-759, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Intellectual Property Rights (IPRs), particularly patents, play a pivotal role in fostering innovation within the pharmaceutical industry by providing inventors with exclusive rights to their creations. However, these rights often conflict with the urgent global need for accessible and affordable healthcare, particularly in low- and middle-income countries where high drug prices can restrict access to essential medicines. This paper examines the dual challenges posed by IPRs: promoting pharmaceutical innovation while ensuring public health needs are met. Through a synthesis of existing literature, global health reports, and case studies, we analyze the impact of IPRs on access to medicines and assess the effectiveness of various strategies designed to balance these competing interests. We explore mechanisms such as compulsory licensing, which has been utilized by countries like Brazil and Thailand to bypass patent rights for critical drugs, and patent pools, exemplified by initiatives like the Medicines Patent Pool (MPP), which facilitate the production and distribution of generic drugs through voluntary licensing agreements. The results highlight that while these mechanisms can improve drug accessibility, they also require careful implementation to avoid trade tensions and sustain pharmaceutical innovation. We conclude with policy recommendations that propose a balanced approach, integrating market incentives with regulatory frameworks to promote both innovation and broad access to essential medicines. This balanced approach is essential for mitigating health disparities and enhancing global health outcomes, underscoring the need for international cooperation and robust health policy frameworks that align IPRs with public health objectives.

KEY WORDS: IPR, MEDICAL, INDUSTRY, DRUGS, HEALTH,GLOBAL,IMPLEMENT.

INDIA’S LEGISLATIVE PROPOSITION TOWARDS ENVIRONMENTAL REGULATIONS: CRITICAL ANALYSIS OF THE BIOLOGICAL DIVERSITY (AMENDMENT) BILL, 2022

AUTHOR: SHRESTH KUMAR, STUDENT AT CHRIST UNIVERSITY, DELHI NCR

BEST CITATION – SHRESTH KUMAR, INDIA’S LEGISLATIVE PROPOSITION TOWARDS ENVIRONMENTAL REGULATIONS: CRITICAL ANALYSIS OF THE BIOLOGICAL DIVERSITY (AMENDMENT) BILL, 2022, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 689-697, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The research paper delves into the evolution and impact of global environmental legislations, tracing back to the seminal United Nations Conference on the Human Environment in 1972. Focusing on India’s response, the paper examines constitutional amendments, parliamentary enactments, and landmark legal cases that have shaped the country’s environmental legal landscape. Highlighting the significance of Article 48A and Article 253 in India’s Constitution, the paper discusses the multifaceted role of the government, state entities, and citizens in protecting and improving the environment. It explores the expansive interpretation of the right to life, encompassing a dignified existence, social justice, and humane working conditions.

The study then scrutinizes the Biological Diversity (Amendment) Bill, 2022, now the ‘Biological Diversity Act, 2023.’ It critically evaluates the bill’s provisions, including exemptions for traditional knowledge users, benefit-sharing terms, and the shift from criminal sanctions to financial penalties. Concerns are raised about potential loopholes, lack of community involvement, and deviations from international standards, necessitating a nuanced examination. Moving to the hypothesis and research question, the paper assesses India’s response to climate change and the role of the National Biodiversity (Amendment) Act, 2021. It questions the balance between economic development and environmental preservation, especially in light of the criticisms surrounding the Biological Diversity Act, 2023. The paper explores the enforcement challenges in India’s environmental laws and draws comparisons with the Japanese model, advocating for a more effective and accountable regulatory framework.

The research objective focuses on minimizing political interference in regulatory bodies and promoting transparent, inclusive consultations. The recommendations emphasize decentralization, expertise-driven decision-making, transparency, and inclusivity as key elements for a robust environmental regulatory framework in India.

In conclusion, the paper underscores the need for a comprehensive review of environmental regulations in India to address complexities, enhance clarity, and foster sustainable practices. It also highlights the critical role of regulatory bodies insulated from political pressures, ensuring a balance between environmental conservation and economic development.

Keywords – Environment protection, Stockholm Convention, Legislative framework, Biological Diversity (Amendment) Bill, 2022, Climate change, National Biodiversity (Amendment) Act, 2021, Political interference, Regulatory bodies, Transparent consultations, Inclusive decision-making

EMPHASIZING BAIL AS A PRIMARY ALTERNATIVE TO INCARCERATION: TRANSFORMATIVE TRENDS IN MODERN CRIMINAL JUSTICE

AUTHOR – R.SIVAGAYATHRI, STUDENT AT GOVERNMENT LAW COLLEGE MADURAI AFFILIATED TO THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – R.SIVAGAYATHRI, EMPHASIZING BAIL AS A PRIMARY ALTERNATIVE TO INCARCERATION: TRANSFORMATIVE TRENDS IN MODERN CRIMINAL JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 680-688, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

In the realm of modern criminal justice, The principle that “bail is the rule, and jail is the exception” has emerged as a pivotal tenet, signifying a shift towards a more balanced and humane approach to the management of accused individuals. This research paper undertakes a thorough exploration of this fundamental concept, employing a multidisciplinary lens to analyze its implications, relevance, and challenges in contemporary society. This research evaluates the historical context of this principle, tracing its origins to the foundational principles of justice, including the presumption of innocence and the right to a fair trial. Through an extensive review of empirical studies, legal precedents, and comparative analyses of international practices, this paper underscores the pivotal role of bail in promoting individual liberty while simultaneously addressing public safety concerns. It examines the diverse factors that influence bail determinations, including socioeconomic disparities, racial bias, and the impact of pretrial detention on recidivism rates. Furthermore, This research delves into the Origin of this concept and discusses the challenges that arise when implementing the “bail is the rule” paradigm, such as the need for effective risk assessment tools, the management of overcrowded detention facilities, and the quest for equitable access to justice. It also scrutinizes alternative approaches to pretrial release, including electronic monitoring and community-based programs, highlighting their potential benefits and drawbacks. In conclusion, this research paper underscores the critical importance of recalibrating the balance between bail and incarceration in contemporary criminal justice systems. By promoting the idea that “bail is the rule, and jail is the exception,” this study advocates for a more equitable, efficient, and humane criminal justice system that upholds the principles of justice and fairness for all individuals.

Keywords: Bail, Incarceration, Criminal Justice, Pretrial Detention, Legal Reform

THE ROLE OF TECHNOLOGY IN CRIMINAL LAW ENFORCEMENT

AUTHOR – VAIDEHI SINGH,  IILM (SCHOOL OF LAW), GREATER NOIDA

BEST CITATION – VAIDEHI SINGH, THE ROLE OF TECHNOLOGY IN CRIMINAL LAW ENFORCEMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 675-679, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Technology is transforming the criminal justice system including police worldwide in the 21st century. Latest technologies make practical activities faster, more efficient, and more useful, and they portray police as high-tech crime investigators. Crime prevention, such as monitoring, crime examination, and offender monitoring, is law enforcement’s most valuable role for society. The ability to prevent crime justifies police monitoring. Innovative technology has been created to reduce crime and enhance police effectiveness. As society becomes more complicated, crime rises. Preventing crime and protecting the nation requires a technical upgrade. In this context, this article examines why the Indian police system is behind in technical progress and outcomes.

Key Words: Technology, Crime Prevention, Problems, and Prospects.

“THE DARK CLOUD OF AFSPA OVER THE STATE OF MANIPUR”

AUTHOR – MR. KAUSHIK DAS, STUDENT AT SYMBIOSIS LAW SCHOOL, HYDERABAD, SYMBIOSIS INTERNATIONAL (DEEMED) UNIVERSITY, PUNE

BEST CITATION – MR. KAUSHIK DAS, THE DARK CLOUD OF AFSPA OVER THE STATE OF MANIPUR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 661-674, APIS – 3920 – 0001 & ISSN – 2583-2344

INTRODUCTION:

India always have been on of the most diverse countries in the world, the amalgamation of different cultures brings about various notions of versatility in the culture for people from other nations to see from the distance, but ironically for the residents and observers from the close proximity the scenery is quite dismal especially starting from the 1950’s focusing on the north east region primarily starting from the bordering areas of Nagaland and Assam resulting in clashes between various ethnic groups about Land possession and rights , the turmoil between student unions representing respective communities and later that turmoil moving primarily towards the State of Manipur .¹The seven northeastern states, commonly referred to as the “seven sisters,” face challenges in their relationship with the Indian polity due to their geographical distance. Additionally, they have been affected by processes of mainstreaming and integration, which have been influenced by demographic factors, as well as socio-cultural and political histories and contrasts. The unfavorable perception of AFSPA has been attributed to the occurrence of homicides, instances of torture, and forced disappearances that have taken place in the areas where the Act is implemented. Since its implementation in 1958, the Armed Forces (Special Powers) Act (AFSPA) has been perceived as exerting an arbitrary control over the populace residing in the north-eastern region, rather than adhering to the principles of democratic governance.

CORPORATE RESTRUCTURING AND MERGER CONTROL: AN IN-DEPTH EXAMINATION OF COMPETITION AND COMPANY LAW IMPLICATIONS

AUTHOR – RAGHAV AGARWAL, AMITY LAW SCHOOL, NOIDA

BEST CITATION – RAGHAV AGARWAL, CORPORATE RESTRUCTURING AND MERGER CONTROL: AN IN-DEPTH EXAMINATION OF COMPETITION AND COMPANY LAW IMPLICATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 654-660, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

A crucial component of contemporary business operations, corporate restructuring and merger control frequently have important strategic, financial, and legal ramifications. The competition and company law ramifications of corporate restructuring procedures are thoroughly examined in this research study. The study first examines the basic ideas and forms of corporate restructuring, such as joint ventures, acquisitions, disposals, and mergers, and then it clarifies the reasons for these calculated actions. It then explores the legal framework for merger control, explaining the functions of regulatory agencies and the goals of merger control legislation. The study then examines how corporate restructuring may affect competition law, looking at market concentration, antitrust issues, and possible anti-competitive repercussions. Additionally, it looks into the consequences for company law, including matters of corporate governance, shareholder rights, and board duties. The article demonstrates the real-world implementation of merger control procedures and the legal obstacles that arise through case studies and examples. It also looks at enforcement issues, the function of regulatory bodies, and global viewpoints on merger control. The report concludes by outlining upcoming trends and advancements in corporate restructuring and offering perspectives on new problems and prospective modifications to merger control legislation. This paper makes a significant contribution to our understanding of the legal and regulatory framework surrounding corporate restructuring by combining theoretical frameworks with practical insights. This understanding will inform future research endeavors and business practices.

Keywords: Mergers & Acquisitions, Company Law, Competition law

EV VEHICLES A RENEWABLE ALTERNATIVE TO IC ENGINES? SOCIO-LEGAL IMPLICATIONS

AUTHOR – YASHVEER MISHRA, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY) DELHI NCR

BEST CITATION – YASHVEER MISHRA, EV VEHICLES A RENEWABLE ALTERNATIVE TO IC ENGINES? SOCIO-LEGAL IMPLICATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 635-653, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In the modern times the governments are pushing for the Electric Vehicles (EV) by providing a lot of incentives to the manufacturers to produce more Electric Vehicles (EV) while providing subsidies to the consumers to encourage them into purchasing the Electric Vehicles (EV) instead of the traditional Internal combustion (IC) engine cars as green alternative but is it really that green to switch to Electric Vehicles (EV) in the present, this paper will deal with a detailed analysis of problem caused by internal combustion (IC) engine vehicles which are the major source of air pollution and greenhouse gas emissions even though we know that Electric vehicles (EVs) offer a renewable alternative, but their adoption is still in its early stages. This paper examines the socio-legal implications of EVs, focusing on key areas like Environmental regulation, Urban planning and Consumer protection. Lastly, this paper concludes by arguing that EVs have the potential to revolutionize transportation and reduce the environmental impact of the transportation sector. Further, the adoption of EVs will require careful consideration of the socio-legal implications.

Keywords: electric vehicles, renewable energy, environmental regulation, urban planning, consumer protection.

ENFORCING THE UNSTAMPED: AN ANALYSIS ON THE VALIDITY AND ENFORCEMENT OF UNSTAMPED ARBITRATION AGREEMENTS UNDER INDIAN LAW

AUTHOR – JOHANNA CLEMENTIA R & AKSHY VARSHANTH B, STUDENTS AT CHRIST (DEEMED TO BE UNIVERSITY), BANGALORE

BEST CITATION – JOHANNA CLEMENTIA R & AKSHY VARSHANTH B, ENFORCING THE UNSTAMPED: AN ANALYSIS ON THE VALIDITY AND ENFORCEMENT OF UNSTAMPED ARBITRATION AGREEMENTS UNDER INDIAN LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 623-634, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

The evolution of legal interpretation regarding the interplay between arbitration agreements and stamp laws in India has been marked by complex jurisprudential shifts. This paper examines the landmark ruling of the Indian Supreme Court in “In Re: The Interplay between Arbitration Agreements under the Arbitration and Conciliation Act, 1996, and the Indian Stamp Act, 1899” (“In Re: The Interplay”), which provided clarity on the admissibility and enforceability of arbitration agreements within inadequately stamped instruments. It traces the historical evolution of jurisprudence on unstamped arbitration agreements, highlighting seminal cases such as SMS Tea Estates v. Chandmari Tea Co. Pvt. Ltd. and N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd. (NN Global 2). A paradigm shift occurred with the N.N. Global Mercantile case (NN Global 1) in 2021, emphasizing the autonomous nature of arbitration agreements. This paper analyzes the implications of these legal developments and their significance in fostering investor confidence and enhancing alternative dispute resolution mechanisms in India. Keywords: arbitration agreements, stamp laws, jurisprudential evolution, Indian judiciary, landmark ruling, doctrinal clarity, legal conundrum, Supreme Court, enforcement mechanisms, statutory compliance, alternative dispute resolution.

Keywords: arbitration agreements, stamp laws, jurisprudential evolution, Indian judiciary, landmark ruling

EXAMINING THE IMPACT OF ELECTION FREEBIES ON FREE AND FAIR ELECTIONS: AN ANALYSIS OF CORRUPT PRACTICES

AUTHOR – KUNAPALLI HARSHIT KUMAR, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – KUNAPALLI HARSHIT KUMAR, EXAMINING THE IMPACT OF ELECTION FREEBIES ON FREE AND FAIR ELECTIONS: AN ANALYSIS OF CORRUPT PRACTICES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 615-623, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This research delves into the multifaceted issues surrounding the distribution of election freebies and its implications for the integrity of electoral processes and democratic principles. The study investigates whether the distribution of election freebies can be deemed a form of bribery or inducement, thereby compromising the fairness and transparency of elections. Additionally, it examines how election freebies impact the level playing field for candidates and the fairness of electoral competition, exploring whether these incentives create unequal opportunities and favoritism. Furthermore, the research scrutinizes the extent to which election freebies influence voter behavior and decision-making, potentially undermining voters’ autonomy and rational choice. By analyzing these dynamics, the study seeks to uncover whether election freebies contribute to increased corruption and misuse of public funds during the election period, shedding light on the intersection between electoral practices and corruption. Moreover, the research delves into how election freebies affect the overall democratic principles of equal representation and citizen participation, exploring their role in shaping political dynamics and citizen engagement. Through a comprehensive examination of these issues, the research aims to provide insights into the complex relationship between election freebies, electoral integrity, and democratic governance, offering recommendations for policy reforms and institutional safeguards to uphold the principles of fairness, transparency, and accountability in electoral processes.