Category: Volume 4 and Issue 1 of 2024

THE IMPACT OF CYBER CRIME ON INDIAN ECONOMY AND STATE

AUTHOR – NAMAN TYAGI, STUDENT AT CHRIST DEEMED TO BE UNIVERSITY

BEST CITATION – NAMAN TYAGI, THE IMPACT OF CYBER CRIME ON INDIAN ECONOMY AND STATE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 606-614, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This abstract examines the substantial effects of cybercrime on the Indian economy and their implications for the state. The rising incidence of cybercrime has presented significant problems to India’s national security and economic stability. As the digital landscape expands, critical businesses including financial services, e-commerce, and government infrastructure have become targets for cybercriminal activities like fraud, data breaches, and hacking. These attacks undermine public trust, interfere with business operations, and compromise vital information, all of which impede economic growth and progress. The Indian state bears the difficult task of countering this multifaceted challenge. Along with enhancing cybersecurity safeguards, it must strike a balance between upholding efficient law enforcement and safeguarding residents’ privacy. Collaboration between governmental agencies, corporations, and foreign partners is essential to combating the ever-evolving nature of cyber threats. To address the effects of cybercrime on the Indian economy and state, policymakers must support an all-encompassing approach that protects individual rights as well as national interests in the digital age.

AN EMPIRICAL STUDY ON LEGAL PERSPECTIVES ON COMMERCIALIZATION OF SURROGACY IN INDIA

AUTHORS – SHARADH SURESHBABU¹ & DR.R.CHANDRASEKAR²

STUDENT¹ & ASSISTANT PROFESSOR² AT SAVEETHA SCHOOL OF LAW,

SIMTS

BEST CITATION – SHARADH SURESHBABU & DR.R.CHANDRASEKAR, AN EMPIRICAL STUDY ON LEGAL PERSPECTIVES ON COMMERCIALIZATION OF SURROGACY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 591-606, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Surrogacy indicates a form of third party reproductive custom wherein intending parents contract a surrogate mother to give childbirth. Surrogacy in its proper definition is it is a procedure or arrangement of giving birth for somebody else. Gestational Surrogacy provides a golden opportunity to those couples who are unable to have their own children become parents. From a commercialization point of view, India was considered to be a famous surrogacy destination which was otherwise known as “Baby Factory”. The Universal Declaration on Human Rights also acknowledges Right to Family as a fundamental human right of a person. Thus, it also provides an option for the concept of surrogacy for people who cannot conceive. The law says that the practice of surrogacy should be altruistic in its character.so, it banned the commercialization of surrogacy. The objectives of my research is to understand the current scenario of surrogacy & its commercialization in India & other countries, To find out various legislations available with our government to surrogacy, To create awareness among the public whether the surrogate mother has any share over the property of the child, To discover various alternatives to equalize the effect of surrogacy commercialization in India, To understand the mental health of surrogates due to commercialization. The researcher has 202 samples collected. The researcher followed the Empirical Research Method. Since, Surrogacy is an act that enables all the couples to enjoy the taste of parenthood no matter whether they reproduce or not. So, this should be protected by our government & people for long without the undue influence of monetary terms & greater attention is required on this sensitive matter.

KEYWORDS Child, Surrogacy, Surrogate Mother , India, Mental Health

CYBER CRIME IN INDIA, ITS GENERAL OVERVIEW AND  ALARMING RISE OF CYBERCRIME IN INDIA

AUTHOR – EVAN ALEX, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – EVAN ALEX, CYBER CRIME IN INDIA, ITS GENERAL OVERVIEW AND  ALARMING RISE OF CYBERCRIME IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 579-590, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

 In the global community of the future, the Internet is evolving into the town square.  The Internet has now connected us all, much like neurons in a massive brain. Indeed, the internet has become both a blessing and a curse for modern society. These days, furthermore, as the requirement for the internet grows, safeguarding our data and information has also become essential. Regardless of whether you own a company, are a regular internet user, or something else entirely, you should know how to reduce risks, dangers, and cybercrime in addition to being proactive, careful, and aware of cybercriminals.  Because of the development of technology, man now relies entirely on the internet. Man may now easily access everything while seated in one location thanks to the internet. The internet can be used for social networking, online shopping, data storage, gaming, online education, online employment, and anything else that comes to mind. Almost every field makes use of the internet. The idea of cybercrimes evolved along with the internet and all of its associated advantages.  Cybercrimes take various shapes when they are committed. A few years ago, people were unaware of the atrocities that could be perpetrated online. When it comes to cybercrimes, India is catching up quickly to other nations where the frequency of these crimes is likewise rising daily. India saw a sharp rise in cybercrime cases in 2019 of 63.5%, according to the most recent government data. In India, the number of cybercrime cases increased dramatically by 63.5% in 2019.  According to data from the National Crime Record Bureau (NCRB), there were 44,546 cybercrimes reported in 2019 compared to 28,248 in 2018.  Karnataka (12,020) was the state with the most cybercrime cases, closely followed by Uttar Pradesh (11,416), Maharashtra (4,967), Telangana (2,691), and Assam (2,231). 78% of cybercrimes in the Union Territories were reported from Delhi.

UNVEILING THE LEGAL LANDSCAPE OF ONLINE GAMBLING AND FANTASY GAMING IN INDIA: AN ANALYSIS OF THE UNDERGROUND ECONOMY

AUTHOR – DHANUSH M N, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – DHANUSH M N, UNVEILING THE LEGAL LANDSCAPE OF ONLINE GAMBLING AND FANTASY GAMING IN INDIA: AN ANALYSIS OF THE UNDERGROUND ECONOMY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 571-578, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The emergence of online gaming stands as a pioneering force in this century, transforming in an age marked by rapid technological progress and widespread internet access. However, the unregulated landscape of online gambling presents significant implications for both individuals and nations. This article delves into the nuanced domain of gambling and online betting regulations in India, providing an in-depth analysis of its regulatory framework. It offers a comprehensive overview of India’s legal landscape concerning online gambling, including key legislations such as the Public Gambling Act of 1867, the Information Technology Act of 2000, and the Financial Exchange Management Act of 2000. Within the current legal framework of India, the paper advocates for the potential benefits of legalizing and regulating gambling activities. It underscores the imperative to delineate between games of skill and chance within online gaming platforms and explores the associated complexities. Furthermore, it highlights the repercussions of unregulated online gambling in India and the pressing need for a robust legal framework. Finally, the paper puts forth recommendations for more stringent oversight and management of online gaming in the country.

Keywords – Online Gambling, Regulatory Framework, Gambling Laws, Fantasy Games, Games of Skill, Taxes

SPACE COOPERATION BETWEEN COUNTRIES: RULES AND REGULATIONS IN THE AGE OF SPACE TOURISM

AUTHOR – HRISHIKESH RAO, SCHOOL OF LAW, CHRIST (DEEMED-TO-BE) UNIVERSITY

BEST CITATION – HRISHIKESH RAO, SPACE COOPERATION BETWEEN COUNTRIES: RULES AND REGULATIONS IN THE AGE OF SPACE TOURISM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 561-570, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

The rapid ascent of commercial space travel has opened a new chapter in human exploration, one that necessitates in-depth analysis of international cooperation in shaping the regulatory framework for space tourism. As the space tourism industry undergoes rapid expansion, it becomes increasingly important to comprehend the dynamics of how nations collaborate and influence the rules and regulations governing this sector. This research paper seeks to investigate the complex interplay between international cooperation and the regulatory landscape that governs space tourism. The emergence of space tourism is a defining feature of this era, with private companies and space enthusiasts pushing the boundaries of our earthly confines. The paper’s primary objective is to examine how countries come together to shape the regulatory environment in response to the burgeoning space tourism industry. This investigation will involve a close look at existing space treaties and international agreements that provide the foundation for regulating this evolving field.

The historical context of space cooperation forms an essential backdrop to this exploration. From the Cold War space race to present-day missions involving multiple nations, the dynamics of international collaboration have continually evolved. International organizations, particularly the United Nations Office for Outer Space Affairs (UNOOSA), play a central role in fostering cooperation and developing regulations. These organizations serve as forums for diplomatic negotiations and agreements, thus exerting a significant influence on space tourism’s regulatory landscape. Bilateral and multilateral agreements between countries serve as tangible examples of how nations cooperate to regulate space tourism. These agreements encompass various facets, including safety standards, liability frameworks, and environmental considerations. Understanding the diversity and intricacies of these agreements is key to grasping the nuances of international cooperation in the space tourism sector.

In summary, this research paper aims to provide a comprehensive examination of international cooperation’s role in shaping space tourism regulations. It underscores the importance of ongoing and future collaborations among nations to ensure the sustainable and secure growth of the space tourism industry. As humanity embarks on its journey toward becoming an interplanetary species, understanding the dynamics of international cooperation is paramount for a prosperous and safe future in space.

KEYWORDS: 1. United Nations Office for Outer Space Affairs (UNOOSA), 2. Liability frameworks 3. Multilateral agreements 4. Environmental considerations

THE LOOMING SHADOW OF DEEPFAKES: A LEGAL CHALLENGE FOR INDIA

AUTHOR – H. B. HRUSHIKESH KATTEMANE, STUDENT AT CHRIST UNIVERSITY, CENTRAL CAMPUS, BANGALORE

BEST CITATION – H. B. HRUSHIKESH KATTEMANE, THE LOOMING SHADOW OF DEEPFAKES: A LEGAL CHALLENGE FOR INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 553-560, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Deepfakes, a portmanteau of “deep learning” and “fake,” are synthetic media created using artificial intelligence (AI) that can manipulate audio and video to fabricate realistic scenarios. This technology raises significant legal concerns in India, a country grappling with issues of misinformation, privacy violations, and potential misuse for malicious purposes. This research paper examines the growing concern of deepfake technology in India.

The paper explores the technical aspects of deepfakes, highlighting their creation process and potential for harm. It then delves into the existing legal framework in India to assess its adequacy in addressing deepfakes. The analysis focuses on relevant laws like the Information Technology Act, 2000 (IT Act), the Indian Penal Code (IPC), and the Right to Privacy judgment. The paper identifies gaps and limitations in the current legal framework regarding deepfake regulation.

Furthermore, the paper explores potential legal ramifications of deepfakes in India. It examines the impact on individual rights, including the right to reputation, privacy, and freedom of expression. The paper also analyses the potential misuse of deepfakes for criminal activities like fraud, defamation, and political manipulation.

To strengthen the legal landscape, the paper examines international legal frameworks like California’s Deepfake Law and France’s Avia Law, drawing insights for potential legislative amendments and specific regulations in India. The paper then delves into the potential legal ramifications of deepfakes, analysing their impact on fundamental rights like reputation and privacy. It explores how deepfakes can be weaponized for defamation, privacy violations, and even facilitate financial fraud and social disruption. Drawing on international legal frameworks and ongoing debates, the paper proposes recommendations for strengthening the legal landscape in India. It suggests legislative amendments, the development of specific regulations for deepfakes, and increased awareness and education for both the public and law enforcement agencies.

The paper concludes by emphasizing the urgency of addressing deepfakes. It argues for a balanced approach that safeguards individual rights while mitigating the potential harms associated with this evolving technology. This research aims to contribute to the ongoing discourse on regulating deepfakes in India, paving the way for a more secure and responsible digital future.

Keywords: Deepfakes, Artificial Intelligence, Misinformation, Privacy, Legal Challenges

ENERGY INNOVATION AND PATENT LAW: EXAMINING THE INTERSECTION OF INTELLECTUAL PROPERTY RIGHTS AND SUSTAINABLE DEVELOPMENT GOALS

AUTHOR – DHRUV SOMASHEKHAR, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – DHRUV SOMASHEKHAR, ENERGY INNOVATION AND PATENT LAW: EXAMINING THE INTERSECTION OF INTELLECTUAL PROPERTY RIGHTS AND SUSTAINABLE DEVELOPMENT GOALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 545-552, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research paper explores the dynamic relationship between energy innovation, patent law, and the pursuit of Sustainable Development Goals (SDGs). As global concerns regarding energy sustainability, accessibility, and climate change intensify, fostering innovation within the energy sector becomes paramount. However, the role of intellectual property rights, particularly patents, presents a complex landscape that can both incentivize and impede innovation. This paper investigates how patent law influences energy innovation and its alignment with SDGs, aiming to provide insights into optimizing patent regimes to promote sustainable development. Through an analysis of the impact of patent law on energy innovation, the alignment of energy innovation with specific SDGs, identification of challenges and opportunities, and formulation of policy recommendations, this paper contributes to a nuanced understanding of how intellectual property frameworks can be leveraged to advance sustainable energy solutions and support the broader agenda of global development. KEYWORDS: Energy innovation, Patent law,Sustainable Development Goals (SDGs), Intellectual property right,Technology transfer,Policy recommendations

THE FAIR USE DOCTRINE, COPYRIGHT COMPLIANCE AND TENANT IMPROVEMENTS IN REIT LEASING AGREEMENTS: BALANCING CREATIVE EXPRESSION AND LEGAL OBLIGATIONS

AUTHOR – DEVADUTT K P, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – DEVADUTT K P, THE FAIR USE DOCTRINE, COPYRIGHT COMPLIANCE AND TENANT IMPROVEMENTS IN REIT LEASING AGREEMENTS: BALANCING CREATIVE EXPRESSION AND LEGAL OBLIGATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 539-544, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

The convergence of the Fair Use Doctrine, copyright compliance, and tenant improvements in Real Estate Investment Trust (REIT) leasing agreements presents a multifaceted legal landscape that calls for a delicate balance between creative expression and legal obligations. This research paper embarks on a comprehensive exploration of these intricate interplays. The first section delves into the Fair Use Doctrine’s principles, emphasizing the four critical factors governing its applicability and their application in the realm of commercial leasing agreements.

The subsequent sections scrutinize the implications of tenant improvements within REIT leasing agreements, recognizing the potential conflicts between tenant creative freedom and copyright protections. By examining case studies, legal precedents, and alternative dispute resolution mechanisms, the paper elucidates strategies for crafting leasing agreements that foster creativity while respecting copyright obligations. Finally, through best practices and real-world examples, it delineates proactive strategies for balancing the dichotomy, offering valuable insights for both REITs and tenants navigating this intricate legal terrain.

In an ever-evolving legal landscape, this research paper offers practical guidance, bridging the gap between creative expression and legal duties, to foster a harmonious coexistence between REITs and tenants while maintaining a principled commitment to copyright compliance and intellectual property rights. Keywords: Fair Use Doctrine, Copyright Compliance, Tenant Improvements, REIT Leasing Agreements, Creative Expression, Legal Obligations

ANIMAL SACRIFICE: A BELIEF OR MISUTILISED PRACTICE

AUTHOR – ASTHA DAS, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – ASTHA DAS, ANIMAL SACRIFICE: A BELIEF OR MISUTILISED PRACTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 526-530, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The abstract explores the historical and cultural significance of animal sac, examining its practice in ancient Greece and Rome as well as in Vedic and Hindu traditions in India. It highlights the role of sac as a means of communication with divine beings, seeking their favor, protection, or appeasement. The study delves into the rituals, materials, timing, and techniques associated with sacrifice across different religious contexts. Furthermore, it discusses the concept of vegan utilitarianism, analyzing its divergence from conventional veganism and its moral implications regarding animal welfare. Drawing on philosophical perspectives and ethical arguments, the abstract suggests that utilitarianism offers a compelling rationale for minimizing animal suff, even advocating for radical measures like the extinction of carnivorous species. Ultimately, it underscores the complex interplay between religious practices, ethical theo, and hum attitudes toward animals throughout history.

Keywords: Sac- Sacrifice, Suff- Suffering, Theo-Theories, Hum-Humans

CAPITAL GAINS TAX AVOIDANCE IN DIGITAL ERA: POSITION OF INDIAN TAX TREATIES POST BEPS ACTION PLAN WITH SPECIAL REFERENCE TO SANOFI’S CASE

AUTHOR – KUMAR RISHAV, STUDENT AT SCHOOL OF LAW CHRIST UNIVERSITY, BANGALORE

BEST CITATION – KUMAR RISHAV, CAPITAL GAINS TAX AVOIDANCE IN DIGITAL ERA: POSITION OF INDIAN TAX TREATIES POST BEPS ACTION PLAN WITH SPECIAL REFERENCE TO SANOFI’S CASE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 515-525, APIS – 3920 – 0001 & ISSN – 2583-2344

INTRODUCTION

The taxation of capital gains holds significant importance within the realm of international tax treaties, as it pertains to the distribution of taxing authority among participating nations about the profits generated from the transfer or transfer of assets. This article explores the regulation of capital gains taxation in Double Taxation Avoidance Agreements (DTAAs) between India and other countries, with a specific focus on two different models used in these agreements.