Category: Volume 4 and Issue 1 of 2024

RIGHT TO AN EDUCATION

AUTHORS- SHREYA PANDEY & MR KARAN RAMANI,

STUDENT¹ & ASSISTANT PROFESSOR² AT AMITY LAW SCHOOL, AMITY UNIVERSITY, UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – SHREYA PANDEY & MR KARAN RAMANI, RIGHT TO AN EDUCATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 510-514, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Primary education should be the cornerstone of the educational pyramid and the nation’s future. “Every child has a right to education shall be free, at elementary and fundamental stages,” stated Mahatma Gandhi, advocating for universal access to free basic primary education. It will be mandatory to receive an elementary education. (The 1948 Universal Declaration of Human Rights, Article 26). The provisions of the Right of Children to Free and Compulsory Education (RTE) Act (2009) uphold the UN recommendation. On April 1, 2010, the Right to Education Act, 2009 (Article 21 A) went into force in India, guaranteeing free and compulsory education for all children aged 6 to 14. Up until the 1800s, only a limited portion of society had access to education as a right. Despite laws requiring education, not much progress was made in this area during British administration. Nevertheless, Article 45 of the post-independence declaration committed the State to “providing, within a period of 10 years from the commencement of the Constitution, free and compulsory education to all children until they complete the age of 14.” However, there was little progress made in making elementary education universal. The first formal document pertaining to primary education was the National Policy on Education, 1968. National Policy on Education 1986: The inclusion of the right to education as a fundamental right in the Indian constitution was suggested during the policy review in 1990. This recommendation served as the foundation for the formulation of the National Policy on Education 1992. 1992. The right to education is a basic right guaranteed by Part III of the Indian Constitution, and every citizen is entitled to it, the Supreme Court of India ruled in the 1992 case of Mohini Jain Vs. State of Karnataka. Afterwards, the Supreme Court ruled in the Unnikrishnana, J.P. vs. State of Andhra Pradesh case that “even though the right to education is not expressly mentioned as a fundamental right, it flows from the right to life that is guaranteed by article 21 and must be included in the context of the Directive Principles of the Constitution.” Thus, the right to education, as defined by Articles 45 and 41, means that: (a) every child and citizen of this country has the right to free education up until the age of fourteen; and (b) after the age of fourteen, a child’s right to education is limited by the State’s economic capacity and its development. Ultimately, in 2002, the Indian Constitution was amended to make education a fundamental right, but it was qualified by stating that the manner in which this right would be exercised would be determined by subsequent consequential legislation. The “The Right of Children to Free and Compulsory Education Act 2009” is the follow-up law mentioned in the 2002 Amendment to the Indian Constitution (the 86th Amendment). It was passed by parliament in August 2009 and went into effect in April 2010. The Model Rules, a subordinate piece of law, were created by the federal government based on this Act to give states guidance on how to execute it.

KEYWORDS : Elementary, Legislation,Vocational ,Convention

CASE LAW FOR ANALYSIS: BAJAJ AUTO LTD. VS. T.V.S. MOTOR COMPANY LTD.

AUTHOR – VRITI SINGHVEE; STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – VRITI SINGHVEE, CASE LAW FOR ANALYSIS: BAJAJ AUTO LTD. VS. T.V.S. MOTOR COMPANY LTD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 506-509, APIS – 3920 – 0001 & ISSN – 2583-2344

Introduction to the subject matter

In the world of inventions, patents grant inventors exclusive rights over their creations for a limited time. This incentivizes innovation and ensures inventors reap the rewards of their hard work. However, there’s a flip side. When a competitor uses a patented invention without permission, it’s called patent infringement. This not only harms the inventor but also stifles progress. A real-world example highlights this. In a high-profile Indian case, Bajaj Auto Ltd. sued TVS Motors Ltd., alleging their TVS Flame motorcycle infringed upon Bajaj’s patent for the DTSi engine technology. Bajaj claimed TVS’s CCVTi technology was essentially a copy of their DTSi, even though it included an additional valve. This case hinged on whether TVS’s invention captured the essence of Bajaj’s patented idea, a concept known as the “doctrine of equivalents.”

MEDICAL TERMINATION OF PREGNANCY LAWS: A COMPARATIVE ANALYSIS BETWEEN INDIA AND USA LAWS

AUTHOR – SHIVANI MEHTA, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – SHIVANI MEHTA, MEDICAL TERMINATION OF PREGNANCY LAWS: A COMPARATIVE ANALYSIS BETWEEN INDIA AND USA LAWS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 498-505, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This paper offers a thorough comparative study of medical termination laws from the viewpoints of Western, Middle Eastern, and Indian countries. The study explores the nuances of abortion legislation in these various areas through a multifaceted investigation that includes legal, socio-cultural, and public health aspects. Utilising a variety of academic fields such as public health, law, and social sciences, the study clarifies the social perspectives, legal structures, and historical development that support medical termination laws in each setting. Examining how religious, cultural, and legal variables interact, the study reveals the subtleties and complexity involved in influencing abortion laws in various sociopolitical and cultural contexts.
Additionally, the comparative research clarifies differences in healthcare outcomes, reproductive rights frameworks, and access to abortion services, providing important information about the effectiveness and equality of current abortion laws. The findings underscore the significance of context-specific factors in policy formation by highlighting both similarities and differences in the regulatory systems and societal attitudes towards abortion. Additionally, the study suggests paths for legislative change and cross-border cooperation while highlighting the main obstacles to and opportunities for increasing access to healthcare and reproductive rights.
In conclusion, this research advances our understanding of the nuances of medical termination laws and lays the groundwork for policy discussions and advocacy campaigns that support women’s health and reproductive autonomy in a variety of legal and cultural contexts.

KEYWORDS: Medical termination of pregnancy, abortion, legal abortion, Indian perspective, USA Perspective

UNVEILING THE SHADOWS: A COMPREHENSIVE STUDY ON MARITAL RAPE, LEGAL FRAMEWORKS,AND GENDER-BASED VIOLENCE IN INDIA

AUTHOR – RAVEENA KP, STUDENT AT CHRIST DEEMED TO BE UNIVERSITY

BEST CITATION – RAVEENA KP, UNVEILING THE SHADOWS: A COMPREHENSIVE STUDY ON MARITAL RAPE, LEGAL FRAMEWORKS, AND GENDER-BASED VIOLENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 491-497, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

Marital rape, a form of sexual violence within the confines of marriage, remains a contentious issue globally, with varying legal frameworks and societal attitudes shaping its recognition and criminalization. This research paper delves into the complex dynamics of marital rape, exploring the concept within the broader context of rape laws, societal norms, and gender dynamics. The study focuses primarily on the Indian legal landscape, examining the provisions of the Indian Penal Code, the Protection of Women from Domestic Violence Act, and relevant marriage laws to understand the treatment of marital rape within the country.

The paper begins by elucidating the historical and societal perceptions that have perpetuated the notion of women as property and homemakers, leading to the normalization of marital rape and the denial of women’s autonomy and consent within marriage. It highlights the inherent injustice and violation of personal liberty that marital rape entails, emphasizing the urgent need for legal recognition and criminalization of this form of violence.

In India, the legal framework surrounding marital rape is complex and inadequate, as highlighted by the provisions of the Indian Penal Code that exempt non-consensual sexual intercourse within marriage from the definition of rape. The study delves into the intricacies of Section 375 and Section 376 of the IPC, shedding light on the loopholes that allow for the impunity of perpetrators of marital rape. Additionally, the paper explores the implications of the Protection of Women from Domestic Violence Act, which recognizes marital rape as a form of domestic violence and provides avenues for legal recourse for survivors.

Furthermore, the research paper delves into the intersection of fundamental rights, privacy, and dignity within the context of marital rape, drawing on landmark judgments by the Supreme Court of India that underscore the violation of Article 21 rights through acts of rape. It emphasizes the need for a paradigm shift in societal attitudes towards marital rape, recognizing it not merely as a moral wrong but as a criminal offense that warrants legal redress and punitive action.

The study also delves into the age of consent for marriage under Hindu and Muslim marriage laws, highlighting the disparities and implications of age requirements on the vulnerability of women to marital rape. It underscores the importance of consent within marriage and challenges the archaic notions that equate marriage with automatic consent to sexual intercourse.

Moreover, the paper delves into the prevalence of domestic violence and rape in India, citing statistics from the National Crime Records Bureau reports to underscore the pervasive nature of gender-based violence in the country. It underscores the urgent need for legislative reforms, societal awareness, and support services to combat marital rape effectively and ensure the protection of women’s rights and dignity. In conclusion, the research paper advocates for the criminalization of marital rape, emphasizing the imperative of legal reforms, societal change, and survivor-centric support mechanisms to address this insidious form of violence. It calls for a holistic approach that recognizes women’s autonomy, bodily integrity, and right to live free from violence within the institution of marriage. By shedding light on the complexities and challenges surrounding marital rape, this study aims to contribute to the discourse on gender-based violence and advocate for a more just and equitable society for all.

SCOPE FOR MISUSE FOR THE JUDICIARY IN INDIAN CONTEMPT LAW

AUTHOR – SHAIL HUNDEKAR, STUDENT AT CHRIST UNIVERSITY,

BEST CITATION – SHAIL HUNDEKAR, SCOPE FOR MISUSE FOR THE JUDICIARY IN INDIAN CONTEMPT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 531-538, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Freedom of speech and expression is a fundamental right enshrined in the Constitution of India under Article 19(1)(a). It is a vital right for the functioning of a democracy, as it allows citizens to hold their government accountable and to participate in public discourse. However, this right is not absolute and is subject to reasonable restrictions under Article 19(2), including restrictions in the interest of the administration of justice. One of the most important restrictions on freedom of speech and expression is the law of contempt of court. Contempt of court is an act not defined in the Constitution of India or any other statue. Oswald defines contempt to be constituted by any conduct that tends to bring the authority and administration of Law into disrespect or disregard or to interfere with or prejudice parties or their witnesses during litigation.^[1]

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[1] Oswald’s Contempt of Court, Butterworth Law Publishers Ltd, Third Edition Reprint,1993

BEYOND BORDERS, BEYOND LAWS:  INTER-COUNTRY ADOPTION FROM INDIA UNDER THE HAGUE CONVENTION AND THE JUVENILE JUSTICE ACT

AUTHOR – ADRUSHYA V, STUDENT AT SCHOOL OF LAW, CHRIST DEEMED TO BE UNIVERSITY

BEST CITATION – ADRUSHYA V, BEYOND BORDERS, BEYOND LAWS:  INTER-COUNTRY ADOPTION FROM INDIA UNDER THE HAGUE CONVENTION AND THE JUVENILE JUSTICE ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 483-490, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

Intercountry adoption, a growing practice where families adopt children from countries other than their own, has gained prominence. In 1993, the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption was established. Its purpose is twofold: to ensure that intercountry adoptions prioritize the child’s best interests and to prevent child abduction, sale, or trafficking. This research paper delves into the impact of the Hague Convention on intercountry adoption in India. By examining relevant literature and referencing provisions in the Juvenile Justice Act, the study assesses the effectiveness of the Hague Convention. Specifically, it analyzes adoption criteria, consent procedures, and post-adoption services influenced by the Convention. The research aims to shed light on the Convention’s efficacy and its implications for the well-being of children involved in intercountry adoption. Additionally, the study will identify implementation gaps and propose recommendations for enhancement.

Keywords: Adoption, CARA, Hague Convention, Inter-country, Juvenile Justice 

DRUGS AND THE CRIME RELATED TO THEIR TRAFFICKING AND ABUSE

AUTHOR – ARUN KUMAR T, ADVOCATE

BEST CITATION – ARUN KUMAR T, DRUGS AND THE CRIME RELATED TO THEIR TRAFFICKING AND ABUSE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 478-482, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:

              India is a country which has well resources and population. Through intelligent people and leaders, India has become a developing country. However, there are some disadvantages that obstruct India from becoming a developed country. One of the main disadvantages is drugs, which are mainly used by children and adolescents who are the backbone of our country. Mainly the manufacturers of drugs are targeting the children and making them addicted to the drugs. Thus, drugs consumed by the Children not only affect them and their family and physical health. This article mainly discusses drugs, sales, and distribution, criminal activities related to drugs, and laws made for the usage and sale of drugs.

KEYWORDS:             Drugs, Juvenile, NDPS Act, Drug Trafficking, Drug abuse, Stimulants, Drug addiction,

AIRLINE SAFETY AND SECURITY: CONTRIBUTORY ACCOUNTABILITY OF DGCA?

AUTHOR – PRASUN BALLABHA, STUDENT AT CHRIST DEEMED TO BE UNIVERSITY

BEST CITATION – PRASUN BALLABHA, AIRLINE SAFETY AND SECURITY: CONTRIBUTORY ACCOUNTABILITY OF DGCA?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 463-477, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:-

The Indian aviation industry is expanding quickly. Between April and November 2018, the total number of passengers travelling to, from, and within India increased by over 15% compared to about 6% globally. With 187 million passengers travelling to, from, and within India in FY 2017–18, India has risen to the seventh-largest aviation market in the world. By 2022, it’s anticipated to grow to the third-largest.

An expanding economy, rising earnings, fierce airline rivalry, and a favourable policy environment are all contributing to this increase. The government’s intention to drastically alter the growth trajectory of the sector was made clear by the National Civil Aviation Policy (NCAP 2016). NCAP’s flagship program – Regional Connectivity Scheme (RCS or UDAN) is taking flying to the masses by offering subsidised fares as low as USD 35 for a one hour flight.

DGCA (Directorate General of Civil Aviation), a statutory body whose primary responsibility is to enforce all aviation regulations and monitor the issuance of licenses to various types of pilots in India, is responsible for monitoring safety patterns in India.  BCAS (Bureau of Civil Aviation Security),  the  civil aviation regulatory body responsible for planning, implementation, security checks, training, etc., examines the security features of every airport in India. It is led by the Director General of the Directorate General for Civil Aviation Security (DG BCAS), which is the competent authority responsible for the establishment, regulation and administration of the National Civil Aviation Security Program and for the  implementation of Annex 17 of the Chicago Convention . congress ICAO (International Civil Aviation Organization), Security: Protecting Civil Aviation from Unlawful Interference. BCAS ensures that  aviation security standards are in compliance with national and international aviation security obligations/agreements to which India is a signatory. All agencies and players in the aviation sector across India have framed and implemented a number of laws and rules: (i) The Aircraft Act, 1934 and the Aircraft Rules, 1937 both have the power to regulate production and ownership. , use, operation, sale, import and export of aircraft. They define parameters for airworthiness determination, aircraft maintenance, flight and safety, aircraft registration  and survey. ii) Airports Authorities of India Act, 1994 – Responsible for the development, financing, operation and maintenance of all  airports in the State of India. (iii) Aircraft (Security) Rules 2011 – deals with aviation security and airport and aircraft security regulations. Violation of  acts/rules may result in fines or imprisonment. Local state police officers deal with crimes that usually fall under  state law.

KEYWORDS:- Directorate General of Civil Aviation (DGCA), Civil aviation policy, Safety audits, Safety culture in airlines, Aviation accidents and investigations, Counter-terrorism measures in aviation

A CRITICAL ANALYSIS OF THE RAPE LAWS FOR MEN IN INDIA

AUTHORS – KESHAV MANIKERNIKA & K CHAKRA PANI, STUDENTS AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – KESHAV MANIKERNIKA & K CHAKRA PANI, A CRITICAL ANALYSIS OF THE RAPE LAWS FOR MEN IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 455-462, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Rape has always been a heinous crime in our society. In a society like India, rape has been attached to religious and societal values and essence, making it not only a criminal act but an act against the societal fabric and peace. Indian law has defined rape as an offence under Section 376 of the Indian Penal Code (IPC). There are different forms of rape being made punishable under it, ranging from 376-A to 376-E, making it one of the most stringent offences leaving no loopholes for the accused. But there is one flaw: it considers only a woman as a victim. Framed during the British Era, when the ‘man’ was a ‘masculine beast’ and nothing could make him weak, the IPC has always had the patriarchal notion of the offence of rape, making only the woman a victim, and a man the perpetrator. There is a lack of gender neutrality in laws relating to rape. The only offence which relates most closely to the rape of men is Section 377 of the IPC, which defines unnatural offences. The cases of rape against men are never noticed, while only some appear in the light of the day. Rape of men is perceived as biologically impossible as per the latest definition in the IPC and as per the societal norms. The absence of a gender-neutral rape law poses a problem towards not only the safety of men but also the societal fabric surrounding men. Along with the feminist movements supporting the empowerment of women and posing patriarchy as a threat to be demolished, laws on the safety of men are not in sight. A woman cannot be charged for rape but can only be charged for facilitating such a crime. This notion of men not being able to get raped, but only sodomised, has questioned the theory of gender equality and feminism, which have roared for the women, but stayed silent for the men.

KEYWORDS – Gender equality, Criminal Law, Rape, Section 376 IPC, Section 377 IPC, Sodomy, Male Rape

STUDYING ANTI-MONEY LAUNDERING LAWS AND REGULATIONS IN INDIA. A MENACE TO INDIAN ECONOMY

AUTHOR – VASU SHARMA, STUDENT AT CHRIST DEEMED TO BE UNIVERSITY

BEST CITATION – VASU SHARMA, STUDYING ANTI-MONEY LAUNDERING LAWS AND REGULATIONS IN INDIA. A MENACE TO INDIAN ECONOMY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 439-454, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The impact of India’s anti-money laundering (AML) legislation and regulations on the country’s economy is examined in depth in this study. Economic stability and the integrity of the financial system are seriously threatened by money laundering. By examining the legal framework and regulatory measures established to combat this menace, this research sheds light on the effectiveness of existing AML policies in safeguarding the Indian economy. The study investigates key aspects such as the enforcement of “know your customer” norms, financial institutions’ role in prevention, and the relevance of international cooperation through UN conventions. It also addresses the challenges of implementing these laws and proposes recommendations for enhancing AML measures. Through a comprehensive analysis of AML laws, this study aims to raise awareness about the economic implications of money laundering in India and suggests strategies to fortify the country’s financial resilience.

Keywords: Anti-Money Laundering (AML); Money Laundering; Indian Economy; Financial Regulations; Financial Crimes; Economic Stability