Category: Volume 4 and Issue 1 of 2024

UNVEILING PSEUDO-FEMINISM: DISTORTIONS, CHALLENGES, AND THE QUEST FOR GENUINE GENDER EQUALITY

AUTHOR – SNEHA SHARDA, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – SNEHA SHARDA, UNVEILING PSEUDO-FEMINISM: DISTORTIONS, CHALLENGES, AND THE QUEST FOR GENUINE GENDER EQUALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 429-438, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

Pseudo-feminism^[1], a distorted contradiction of the feminist movement, poses a formidable challenge to the principles of equality and justice that undermines genuine feminism. While real feminism strives to dismantle male dominated  systems and uplifts all genders, pseudo-feminism often portrays  harmful stereotypes, practices exclusion, and resorts to superficial gestures that fail to advance true gender equality. This research paper give an idea of  the problems of pseudo-feminism, exploring its manifestations in workplaces, legal systems, and broader societal contexts.

The paper lays emphasis on the  prevalence of pseudo feminism in the workplaces and the society . It underestimates the importance of challenging these outcomes  and implementing policies that promote inclusivity, fairness, and  progress. By dissecting the roots of pseudo-feminism and its detrimental effects, the paper seeks to raise awareness and foster meaningful dialogue surrounding the complexities of gender equality.

Drawing some light from the  inspirational  words of Gloria Steinem, the paper reaffirms the depth of feminism as recognizing the equality and scope of all genders. It backs up for a real commitment to  feminism, one that embraces diversity, promotes inclusivity, and strives for justice for all. Through rigorous analysis and  dedication to authentic principles, the paper provides a vision for future where pseudo-feminism is confronted and overcomes , paving the way for a truly equitable and just society for generations to come.

The concept of feminism has always been manipulated and misinterpreted . The pretentious  feminists or let me correct, the pseudo feminists have forgotten the basic essence of the feminism i.e. equality. Feminism  has empowered the role and rights of women to be recognized but a further recognition of the torture happening towards men  is also required. Traditionally, rape was thought to be and defined as a crime committed solely against women. But there are so many men out there who had been a victim of female predators, and even male. On top of that, because of social stigmas and a lack of legal recourse, males are even less likely than females to report an assault. We will try to analyze the patriarchal ^[2]mindset of society and put forward laws to protect the victims.hese principles stand in direct opposition to the gender equity principles of feminism. This research paper seeks to provide insight into the phenomenon of pseudo-feminism as it appears across genders, explored in the personal and professional contexts of South African citizens.  In the absence of a clear distinction within society between feminism and pseudo-feminism, feminism may be seen as a movement that has come to support the suppression of non-female genders, undoing decades of progress. These findings add to the body of knowledge and are valuable to gender equity activists, gender studies researchers, and academics.

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^[1] Manipulation of women’s rights by demeaning male in the society

^[2] Relating or denoting a system of society controlled by men

A STUDY ON THE NEED TO INCLUDE ‘POLITICAL GROUPS’ WITHIN THE SCOPE OF THE 1948 CONVENTION ON GENOCIDE

AUTHOR – VARADA HAWALDAR, STUDENT AT SCHOOL OF LAW, CHRIST

BEST CITATION – VARADA HAWALDAR, A STUDY ON THE NEED TO INCLUDE ‘POLITICAL GROUPS’ WITHIN THE SCOPE OF THE 1948 CONVENTION ON GENOCIDE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 421-428, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

One major obstacle to the Genocide Convention’s effectiveness in resolving modern disputes is the historical reasoning behind the exclusion of certain political groups from it. Political group exclusions hinder the Convention’s capacity to fully address cases of genocide in modern conflicts, where non-state players and political connections are crucial.

The exclusion of political groupings is against both more comprehensive human rights standards and the increasing understanding of genocidal activities. To achieve a more equitable legal system, the paper highlights that the Convention must be aligned with the core values of human rights, especially protecting persons from discrimination and persecution based on political convictions. Further, such a measure would ensure that this loophole in the law is not taken advantage of to escape punishment for genocide and that the Convention can better protect such vulnerable groups.

This paper argues that the Convention’s recognition of political groups as protected categories is an essential step to be undertaken to ensure that international law complies with the complexity of contemporary conflicts. It studies the various instances of political genocide and the lack of the Convention while adequately dealing with the same.  The author has relied on existing research, cases, and available data. 

Keywords: Genocide, Political Groups, International Law, Genocide Convention

THE EFFICIENCY OF CODE ON WAGES, 2019  IN GUARANTEEING MINIMUM WAGES TO GIG WORKERS

AUTHOR –  MAHATHI SIVARAJ, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – MAHATHI SIVARAJ, THE EFFICIENCY OF CODE ON WAGES, 2019  IN GUARANTEEING MINIMUM WAGES TO GIG WORKERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 415-420, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The impact of COVID-19 pandemic brought out the importance of gig economy workers, especially online workers, in the Indian economy, and the pandemic also highlighted the troubles faced by them. During the pandemic the freelance platform workers played a major role in providing various essential economic services preventing the economy from being slow. However, there is little to no express legal regulations regarding the provision of social protection to gig workers especially with regard to guaranteeing minimum wages and grounds of classification of gig workers of the same purpose. The paper makes use of a qualitative approach, by analysis of various existing literature, legislations in power, and also cases adjudicated, to analyse the current existing definition of gig workers and the protections awarded to them in their various sectors. It is concluded that ambiguity regarding the inclusion of gig workers in the definition of ‘employee’ under the Code on Wages prevail and that would cause the inevitable loss of benefits to gig workers. Further ambiguity was noticed in the definitions given by the Courts through their interpretation where certain precedents consider certain groups of gig workers as ‘contractual labourers’ and a certain other group as traditional employees. In conclusion, the Code on Wages can be viewed as an opportunity provided to expand the definition of ‘employee’ under the act, and therefore  the paper recommends that the Code on Wages, 2019 needs to be amended to include a definition of gig workers, understanding the need and design equitable schemes for all groups of gig workers rather than considering these groups to be a part of ‘traditional workers’, ‘contractual labour’, and ‘independent contractors. This would enable them to receive fair and equal remuneration as per the provisions of the act. 

Keywords: gig economy; gig workers; minimum wages; Code on Wages, 2019; social protection

CRYPTOCURRENCY-DRIVEN DRM SOLUTIONS: STRIKING A BALANCE BETWEEN COPYRIGHT PROTECTION AND USER PRIVACY. ASSESS THE POTENTIAL OF BLOCKCHAIN DRM SYSTEMS IN SAFEGUARDING COPYRIGHTED CONTENT, MAINTAINING USER PRIVACY, AND DETERRING PERSONAL DATA MISUSE

AUTHOR – THARUN M, STUDENT AT SCHOOL OF LAW , CHRIST DEEMED TO BE UNIVERISTY

BEST CITATION – THARUN M, CRYPTOCURRENCY-DRIVEN DRM SOLUTIONS: STRIKING A BALANCE BETWEEN COPYRIGHT PROTECTION AND USER PRIVACY. ASSESS THE POTENTIAL OF BLOCKCHAIN DRM SYSTEMS IN SAFEGUARDING COPYRIGHTED CONTENT, MAINTAINING USER PRIVACY, AND DETERRING PERSONAL DATA MISUSE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 407-414, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The digital revolution has transformed the landscape of content distribution and access, making it imperative to strike a balance between copyright protection and user privacy. This research explores the potential of cryptocurrency-driven Digital Rights Management (DRM) solutions, harnessing blockchain technology to harmonize these often-conflicting imperatives. By evaluating blockchain DRM systems, our study assesses their efficacy in safeguarding copyrighted content while upholding user privacy and deterring personal data misuse. The research is structured into distinct sections, each dissecting critical facets of this multifaceted subject.

In the digital age, ensuring copyright protection while preserving user privacy is a paramount challenge. This research investigates the promise of cryptocurrency-driven Digital Rights Management (DRM) solutions, underpinned by blockchain technology, to reconcile these objectives. Our analysis of blockchain DRM systems aims to ascertain their capacity to secure copyrighted content, respect user privacy, and discourage personal data abuse. The paper’s structured approach involves specific sections, each dedicated to dissecting key dimensions of this multifaceted issue.

As digitalization reshapes content sharing and access, the delicate equilibrium between copyright protection and user privacy becomes increasingly crucial. This research delves into the potential of cryptocurrency-driven Digital Rights Management (DRM) solutions, empowered by blockchain technology, to address this challenge. By assessing the capabilities of blockchain DRM systems, we aim to establish their effectiveness in shielding copyrighted content, preserving user privacy, and discouraging personal data misuse. The paper’s structured organization comprises distinct sections, each dedicated to exploring various dimensions of this complex issue. Keywords: digital revolution, copyright protection, user privacy, cryptocurrency-driven DRM, blockchain technology, personal data misuse.

UNDERSTANDING CRIMINAL LAW WITH NEUROSCIENCE RESEARCH METHODOLOGY

AUTHOR – MALVIKA SHREE, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – MALVIKA SHREE, UNDERSTANDING CRIMINAL LAW WITH NEUROSCIENCE RESEARCH METHODOLOGY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 395-406, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rapid advancement of neuroscience has unveiled unprecedented insights into the neurological underpinnings of human cognition, decision-making, and behavior, with profound implications for the criminal justice system. This interdisciplinary research paper explores the potential contributions of neuroscience to enhancing our understanding of criminal behavior and its integration into various aspects of criminal law. It delves into the neurological basis of criminal actions, examining how brain abnormalities, impaired cognitive processes, and environmental factors can predispose individuals to engage in criminal conduct. The paper also investigates the use of neuroscientific techniques, such as neuroimaging and brain activity mapping, in assessing criminal culpability, diminished capacity, and risk of recidivism. Crucially, it examines the complex ethical and legal considerations surrounding the incorporation of neuroscientific evidence in criminal proceedings, including concerns about misinterpretation, privacy violations, and potential for bias or discrimination. Additionally, the role of neuroscience in informing targeted rehabilitation programs, early intervention strategies, and sentencing decisions is explored. The paper proposes guidelines and recommendations for the responsible and appropriate integration of neuroscientific insights into the criminal justice system, emphasizing the need for stringent standards, robust protocols, comprehensive training, and ethical safeguards. It further discusses emerging technologies, cross-cultural perspectives, and future directions in this rapidly evolving field. Ultimately, the research underscores the paradigm shift neuroscience represents for criminal law, offering opportunities to enhance our understanding of criminal behavior while upholding legal principles of fairness, due process, and individual rights.

Keywords: Neuroscience, Criminal Law, Neurocriminology, Neuroimaging, Criminal Culpability, Rehabilitation, Ethics, Legal Implications, Neurotechnology, Cross-Cultural Perspectives.

CRYPTO REGULATION AND INNOVATION: STRIKING THE OPTIMUM BALANCE

AUTHOR – GARIO MENDEZ, STUDENT AT CHRIST (DEMMED TO BE UNIVERSITY), BANGALORE

BEST CITATION – GARIO MENDEZ, CRYPTO REGULATION AND INNOVATION: STRIKING THE OPTIMUM BALANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 386-394, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The cryptocurrency industry’s continuous growth, combined with a succession of exchange failures, has spurred several debates about the necessity for regulatory frameworks. Regulators worldwide have expressed worry about the hazards presented by digital assets, with some attempting to control as much of the space as feasible. Cryptocurrencies have been associated with fraud, money laundering, market manipulation, and other financial crimes, which have undermined the credibility of the industry and posed significant challenges for regulators. 

One of the main attractions in the market is the continuous innovations in the crypto space. The main attraction in the crypto market is the limited regulatory mechanisms prevalent, which provides for the investors and traders, with various opportunities for innovation. Over the past few years, various new cryptos have been introduced, along with newer innovations such as Defi and NFT’s.

In the fast-changing ecosystem of cryptocurrency and blockchain technology, regulators, industry participants, and stakeholders face a tough dilemma when it comes to regulation and innovation. Various reasons emerge, which pushes the agencies to adopt policies for crypto regularions. While some individuals argue for implementing strict regulations in the crypto space, others argue against the same, stating innovation hurdles.

This research investigates the vital importance of finding the right balance between regulatory monitoring and enabling innovation in the cryptocurrency ecosystem. Key words: Crypto regulation, Innovation, Money-Laundering, investor protection

CELL-GENERATED MEAT AND ITS INTRODUCTION IN INDIA

AUTHOR- MISS ANOUSHKA MENON, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – MISS ANOUSHKA MENON, CELL-GENERATED MEAT AND ITS INTRODUCTION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 378-386, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Recently the US allowed the commercial use of cell-generated meat which is a great way to use artificial intelligence in a step towards social change. This method involves taking a sample of muscle cells and later multiplying it to develop into a full tissue. This innovation curbs the ill impacts of the meat industry and its effect on our ecosystem. Apart from it being environment friendly it also ensures proper levels of hygiene and safety. Based on the National Family Health Survey conducted in 2016, nearly 75% of the Indian population consumes meat in some form. As of 2023, India is the most populous country and to meet the demands of such a growing population this method would be the step going forward. Thus, to ensure the quality and safe production of cell-generated meat, well-researched and solid guidelines need to be set in place. In order to do this research, data was taken from credible sources such as the Food and Drug Administration (the United States government), research articles from the National Library of Medicine, National Institutes of Health, and so on. We looked into the regulations in different countries and the supporting regulations the Food Safety and Standards Regulations, 2016 has. By the end of this research paper, discussions and recommendations are made as to what India can do in addition, to welcome a successful change in how the Meat and Poultry sector functions and produces using this innovative and revolutionary method of Artificial Intelligence aided lab/cell generated meat.

RETHINKING FEMALE GENITAL MUTILATION: A HUMAN RIGHTS’ APPROACH

AUTHOR: S SRINIDHI, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE) UNIVERSITY

BEST CITATION – S SRINIDHI, RETHINKING FEMALE GENITAL MUTILATION: A HUMAN RIGHTS’ APPROACH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 372-377, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Female genital mutilation/cutting (FGM/C) is recognized globally as a grave violation of women’s and girls’ rights, involving the partial or total removal of external genitalia or other non-medical genital procedures. With over 200 million females affected and approximately 3.6 million at risk annually, FGM/C presents a pressing human rights concern. Drawing on the principles of the Universal Declaration of Human Rights, the Convention on the Elimination of all Forms of Discrimination against Women, and the Convention on the Rights of the Child, this paper examines the multifaceted dimensions of FGM/C and the imperative for human rights-based interventions. Through legal enforcement, empowerment-focused education, and community-driven campaigns, efforts to eradicate FGM/C strive to protect the fundamental rights and well-being of women and girls globally. This research contributes to the ongoing discourse on effective strategies for addressing FGM/C and underscores the urgency of concerted action to eliminate this harmful practice.

“BREAKING THE SILENCE: THE URGENT FOR CRIMINALIZING MARITAL RAPE”

AUTHOR  – A.N. SIRISHA SWAMY, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – A.N. SIRISHA SWAMY, BREAKING THE SILENCE: THE URGENT FOR CRIMINALIZING MARITAL RAPE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 367-371, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

In India’s complicated social fabric, where deep-rooted cultural mores meet complex legal frameworks, marital rape poses a tremendous problem at the junction of private morality and public law. Despite advances towards gender equality and increased awareness of gender-based violence, marital rape is still a controversial and sometimes disregarded problem in the Indian legal system. ^[1]Historically, the institution of marriage has been respected, with its sanctity often hiding heinous crimes like sexual assault under the guise of conjugal privileges and marital solitude. This research seeks to explore the complex interplay between entrenched cultural norms and India’s changing legal environment, with a particular emphasis on marital rape.^[2] It investigates how these cultural and legal paradigms affect the identification and reaction to marital rape, raising serious concerns about the sufficiency of current laws and the tremendous effect that society institutions have on human rights and safety.

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[1] Sankaran, M. V. (1978). THE MARITAL STATUS EXEMPTION IN RAPE. Journal of the Indian Law Institute, 20(4), 594–606. http://www.jstor.org/stable/43950556.

[2] Gangoli, G. (2011). Controlling women’s sexuality: rape law in India. In G. Gangoli & N. Westmarland (Eds.), International approaches to rape (1st ed., pp. 101–120). Bristol University Press. https://doi.org/10.2307/j.ctt9qgkd6.9*

CITIZENSHIP AMENDMENT ACT

AUTHORS – DEVANSHI SINGH & DR AXITA SHRIVASTAVA,

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

BEST CITATION – DEVANSHI SINGH & DR AXITA SHRIVASTAVA, CITIZENSHIP AMENDMENT ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 363-366, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

India’s Parliament enacted the Citizenship Amendment Act (CAA) in December 2019. Thanks to this act, non-Muslim migrants from Bangladesh, Pakistan, and Afghanistan can now become citizens of India more swiftly. Soon after the CAA was approved, there were widespread protests throughout India, and the government responded by harshly suppressing the demonstrators. There are worries that this law and the projected national register of citizens, which would disenfranchise a large number of Indian Muslims, are attempts to create a religious test for Indian citizenship. An outline of the CAA and the reasons it represents a significant deterioration in religious freedom in India are given in this brief.

Keywords.    Demonstrators, Disenfranchised , Overseas citizens,Migrants ,Naturalisation