Category: Volume 4 and Issue 1 of 2024

RIGHT TO WEAR RELIGIOUS CLOTHING IN PUBLIC PLACES AND THE EXCEPTIONS TO THE ESSENTIAL RELIGIOUS PRACTICE: A STUDY OF ARTICLE 25 OF THE INDIAN CONSTITUTION

AUTHOR – AAKARSH MADHU PILLAI, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – AAKARSH MADHU PILLAI, RIGHT TO WEAR RELIGIOUS CLOTHING IN PUBLIC PLACES AND THE EXCEPTIONS TO THE ESSENTIAL RELIGIOUS PRACTICE: A STUDY OF ARTICLE 25 OF THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 357-362, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper investigates the legal and practical dimensions of the right to wear religious clothing in public places in India, focusing on the provisions of Article 25 of the Indian Constitution. The study explores the intricate balance between religious freedoms and state regulations, particularly in the context of exceptions to essential religious practices. Central to the analysis is the examination of the Essential Religious Practices (ERP) Test, a judicial mechanism used to determine the fundamental nature of religious practices and their protection under Articles 25 and 26 of the Constitution. Through a qualitative research approach, this paper delves into the evolution of the ERP Test through landmark court judgments, highlighting its implications for religious autonomy and state intervention. The research critically evaluates the impact of exceptions to essential religious practices on the right to wear religious clothing in public spaces, with a specific focus on recent controversies such as the hijab ban in educational institutions. By dissecting key legal and practical considerations, the study sheds light on the challenges faced by religious minorities in exercising their faith within a secular framework. Furthermore, the paper explores the constitutional framework of secularism in India, emphasizing the state’s commitment to treating all religions equally and protecting the rights of religious minorities. Drawing on significant cases like S.R. Bommai v. Union of India, the research underscores the importance of religious tolerance and equal treatment of diverse religious groups in upholding the principles of secularism. Through a comparative analysis of exemptions granted to various religious communities nationally and internationally, this study aims to provide a comprehensive understanding of the broader implications of religious freedoms and restrictions. By considering the cultural, social, and legal dimensions of religious practices, the research contributes to the ongoing discourse on individual rights, religious autonomy, and state intervention in a diverse society.

Keywords: Essential religious practices, ERP Test, secularism, religious minorities,  religious autonomy, cultural implications.

REVISITING THE AGE OF CONSENT: A CRITICAL ANALYSIS OF LOWERING THE AGE FROM 18 TO 16

AUTHOR – AKSHATHA NAGARAJ, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – AKSHATHA NAGARAJ, REVISITING THE AGE OF CONSENT: A CRITICAL ANALYSIS OF LOWERING THE AGE FROM 18 TO 16, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 349-356, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The age of consent has long been a subject of societal and legal debate. This paper offers a critical evaluation of the suggestion to lower the consent age from 18 to 16. Proponents contend that this adjustment is in line with the developing sexual consciousness and maturity of today’s kids. They argue that it more accurately captures the realities of contemporary relationships and encourages sexual autonomy. This paper, however, also looks at the possible dangers and issues that could arise from such a transition.

Reducing the consent age to 16 is thought to recognise the ability of youth to make mature choices regarding their own bodies and relationships. Its supporters contend that it lessens the possibility of criminalizing consenting relationships between partners who are close in age. Additionally, it might promote more positive views towards sexual interactions by promoting candid discussions about consent and sex in families and educational institutions.       

However, critics worry about the possibility of coercion and exploitation, especially when elderly couples are involved. They fear that 16-year-olds might not be emotionally or cognitively mature enough to fully understand the consequences of their decisions. The legal ramifications of consent age and how it interacts with statutory rape legislation are similarly complicated.                                                    

This critical study, with reference to the The Protection of Children from Sexual Offences Act or POCSO, explores these divergent points of view, highlighting the significance of a knowledgeable and impartial approach when thinking about a change in the legal age of consent. It emphasizes how important it is to provide age-appropriate knowledge, thorough sex education, and a safe space for young people to make decisions about their sexual lives. In the end, the argument for lowering the consent age necessitates carefully weighing the effects on young people, interpersonal relationships, and society at large.

Keywords: Consent, Sexual Autonomy, Mature, POCSO, Sex Education

VICTIM ASSISTANCE PROGRAMS IN INDIA: A YEARNING FOR RENAISSANCE IN VIEW OF SCANDINAVIA AND SINGAPORE

AUTHOR – SUBBAIAH NM, STUDENT AT SCHOOL OF LAW, CHRIST UNIVERSITY BANGALORE

BEST CITATION – SUBBAIAH NM, VICTIM ASSISTANCE PROGRAMS IN INDIA: A YEARNING FOR RENAISSANCE IN VIEW OF SCANDINAVIA AND SINGAPORE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 340-348, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This study explores the nexus and differences between victim assistance programs in India, Singapore, and Scandinavian nations, shedding light on the diverse approaches and strategies employed to support victims of crime in these regions. While the primary goal of victim assistance programs worldwide is to provide aid and support to those affected by crime, the methods and frameworks employed vary significantly. In India, victim assistance programs primarily rely on a combination of governmental and non-governmental organizations to address the needs of victims. The socio-cultural context in India heavily influences the provision of victim assistance, with a focus on emotional and social support, legal aid, and financial compensation. The study examines the challenges faced by these programs, such as resource constraints and regional disparities, and how they impact the effectiveness of victim assistance in a diverse and populous country like India. Conversely, Singapore adopts a centralized and well-funded approach to victim assistance, often relying on state agencies and law enforcement to provide comprehensive support. This approach ensures a streamlined and efficient process for victims, but the study also investigates potential drawbacks, including the potential for bureaucracy and a lack of diversity in support services. Scandinavian nations, comprising countries like Sweden, Norway, Finland and Denmark, prioritize a holistic, welfare-based approach to victim assistance. This includes a strong emphasis on mental health support, reintegration into society, and comprehensive legal and financial aid. The study delves into the effectiveness of these holistic approaches and how their success may be attributed to the overall social and economic structures in the Scandinavian context. By examining the successes and challenges of these different models, this research aims to contribute to a broader understanding of global best practices in victim assistance and help policymakers make informed decisions to better serve victims of crime in diverse contexts.

Keywords: Victim assistance programs, Singapore, Scandinavia, Socio-cultural context, Streamlined processes

COMPARATIVE STUDY OF THE KEY PROVISIONS IN DOUBLE TAXATION AVOIDANCE AGREEMENT BETWEEN INDIA AND UNITED STATES

AUTHOR –KSHEMA B REDDY, STUDENT AT CHRIST (DEEMED TO BE UNIVERISITY)

BEST CITATION – KSHEMA B REDDY, COMPARATIVE STUDY OF THE KEY PROVISIONS IN DOUBLE TAXATION AVOIDANCE AGREEMENT BETWEEN INDIA AND UNITED STATES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 330-339, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Double Taxation Avoidance Agreements (DTAAs) play a crucial role in facilitating cross-border trade and investments by alleviating the burden of double taxation on the income of individuals and enterprises operating in multiple jurisdictions¹. This comparative study critically examines the key provisions of the Double Taxation Avoidance Agreement between India and the United States, aiming to assess their impact on bilateral economic relations and cross-border investments between the two countries.

Through an extensive review of existing literature, this study provides an in-depth analysis of the tax systems in India and the United States, highlighting their respective features and complexities². By focusing on the key provisions of the DTAA, including definitions, scope, and the allocation of taxing rights, this research sheds light on the intricacies of the agreement and its implications for taxpayers in both countries³.

The methodology employed in this study involves a comprehensive comparative analysis of the significant provisions of the DTAA between India and the United States. This analysis delves into crucial areas such as the treatment of business profits, royalties, dividends, and capital gains, aiming to identify divergences, similarities, and potential areas of contention in the interpretation and application of the agreement⁴.

The findings of this comparative study reveal nuanced differences in the approaches taken by India and the United States in addressing various aspects of international taxation, as reflected in the provisions of the DTAA. While some provisions demonstrate a convergence of interests and efforts to foster mutual cooperation in tax matters, others highlight discrepancies that may potentially lead to conflicts and disputes between the two nations⁵.

The discussion section of this study delves into the implications of the identified differences in the DTAA provisions for cross-border investors and multinational corporations operating between India and the United States. It also addresses the potential challenges and opportunities arising from the interpretation and implementation of the agreement, considering the evolving nature of international tax laws and regulations⁶. However, this study underscores the significance of the Double Taxation Avoidance Agreement between India and the United States in promoting bilateral economic cooperation and trade relations. While highlighting the strengths and weaknesses of the existing provisions, the study provides recommendations for enhancing the effectiveness of the agreement, emphasizing the importance of fostering greater transparency, collaboration, and clarity in the interpretation of the provisions to avoid potential disputes and ensure a conducive environment for cross-border investments and economic growth between the two nations⁷.

AN ANALYSIS OF LEGAL PROVISIONS AND REGULATORY MECHANISMS IN ENSURING STUDENT WELL-BEING AND MENTAL WELL BEING

AUTHOR – DIYA MARIAM GEORGE, STUDENT AT CHRIST DEEMED TO BE UNIVERSITY

BEST CITATION – DIYA MARIAM GEORGE, AN ANALYSIS OF LEGAL PROVISIONS AND REGULATORY MECHANISMS IN ENSURING STUDENT WELL-BEING AND MENTAL WELL BEING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 324-329, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Student well-being, encompassing both physical and mental health, has emerged as a critical concern in India. The immense pressure to excel academically, coupled with a social stigma surrounding mental health, has resulted in alarming student suicide rates. This paper analyses the existing legal provisions and regulatory mechanisms in place to ensure student well-being and mental health in India. It examines key legislation like the Right to Education Act (RTE) 2009, the Mental Healthcare Act (MHA) 2017, and guidelines issued by the University Grants Commission (UGC). The paper then identifies gaps in implementation, such as a lack of qualified mental health professionals in educational institutions and limited awareness about mental health resources. Finally, it proposes recommendations for strengthening the legal framework and suggests practical strategies for promoting student well-being, including mandatory mental health education, increased counsellor-to-student ratios, and anti-discrimination policies.

Keywords – Mental health legislations, stigma, depression, India, suicide rates

CRITICAL ANALYSIS OF THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013

AUTHOR – MANU SHANKAR H, STUDENT AT CHRIST (DEEMED-TO-BE) UNIVERSITY

BEST CITATION – MANU SHANKAR H, CRITICAL ANALYSIS OF THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 321-323, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 (POSH Act) is an Act of the Parliament of India that seeks to protect women from sexual harassment at their workplaces. The Act defines sexual harassment as any unwelcome sexual advances, requests for sexual favours, or any other verbal or physical conduct of a sexual nature, which either explicitly or implicitly affects the employee’s employment or creates a hostile, uncomfortable or offensive work environment.

CASE COMMENTARY ON RANGARAJU @ VAJAPEYI V. STATE OF KARNATAKA

AUTHOR – THERESE UKKEN, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), BENGALURU – 560029

BEST CITATION – THERESE UKKEN, CASE COMMENTARY ON RANGARAJU @ VAJAPEYI V. STATE OF KARNATAKA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 317-320, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In the landmark ruling of Rangaraju@Vajapeyi v. State of Karnataka, the Karnataka High Court redefined the legal boundaries concerning Necrophilia. This commentary explores the legal problem surrounding necrophilia in India, a taboo yet critical issue due to its absence from explicit legislation because it used to be put under section 377. Through this case commentary the author attempts to critically analyses whether existing provisions effectively address such acts and the impact on the dignity of the dead. The methodology used for this commentary is primary and secondary sources of data.

AN OVERVIEW OF INTELLECTUAL PROPERTY RIGHTS AND ARTIFICIAL INTELLIGENCE IN INDIA

AUTHOR – A M DAKSHANA, SCHOOL OF LAW CHRIST(DEEMED) TO BE UNIVERSITY

BEST CITATION – A M DAKSHANA, AN OVERVIEW OF INTELLECTUAL PROPERTY RIGHTS AND ARTIFICIAL INTELLIGENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 311-316, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper explores the convergence of Artificial Intelligence (AI) and Intellectual Property Rights (IPR) in the Indian context, drawing comparisons with the legislative frameworks of other countries. The analysis delves into the juristic aspects of AI, particularly its role in creation and innovation, and the resulting challenges to established IPR regimes. A critical aspect of the discussion centres on the legal personhood of AI. The paper examines ongoing debates surrounding whether AI can be considered a legal entity capable of owning or being credited with intellectual property. Through comparative studies, the paper investigates how different countries are approaching the legislative landscape surrounding AI and IPR. This comparative analysis aims to identify best practices and potential pitfalls for crafting an effective legal framework in India. The paper concludes by highlighting the need for a balanced approach that fosters innovation in AI while safeguarding the rights of creators and inventors. It emphasizes the importance of ongoing dialogue between policymakers, legal experts, and AI developers to establish a robust and adaptable legal framework for the future.

Keywords: Artificial Intelligence (AI), Indian IPR Law, Intellectual Property Rights (IPR), Jurisprudence of AI, Legal Personhood of AI.

OVER-THE-TOP (OTT) PLATFORMS AND SPORTS BROADCASTING IN INDIA: A REGULATORY ANALYSIS

AUTHOR – PARISHUDH BRISE, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – PARISHUDH BRISE, OVER-THE-TOP (OTT) PLATFORMS AND SPORTS BROADCASTING IN INDIA: A REGULATORY ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 305-310, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

This regulatory analysis delves into the evolving landscape of sports broadcasting in India, with a focus on the inclusion of Over-the-Top (OTT) platforms within the Sports Broadcasting Signals Act of 2007. The research examines the historical and legal framework, judicial pronouncements, and the implications of extending mandatory sharing to OTT platforms. The study explores the application of the public trust doctrine, emphasizing the public interest in spectrum allocation and equitable access to sporting content. It also addresses concerns about a potential decrease in the value of sports broadcast rights.

Keywords: Sports Broadcasting, OTT Platforms, Regulatory Framework, Public Trust Doctrine, and Broadcast Rights.

DOUBLE DISCRIMINATION OF INDIGENOUS COMMUNITIES WITH RESPECT TO CLIMATE CRISIS

AUTHOR – B.TANUJ GOUD, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), BANGALORE

BEST CITATION – B.TANUJ GOUD, DOUBLE DISCRIMINATION OF INDIGENOUS COMMUNITIES WITH RESPECT TO CLIMATE CRISIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 298-304, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Indigenous communities, already marginalized and discriminated against as minorities, face a double burden with the escalation of the climate crisis. Indigenous communities across the world are disproportionately affected by the adverse impacts of climate change, as they depend heavily on natural resources for their livelihood and have a strong cultural and spiritual connection to their land. In India, the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, also known as the Forest Rights Act (FRA), and various International Conventions. They recognize and upholds the rights of forest-dwelling indigenous communities. The Act provides for the recognition and vesting of forest rights including land and resources, in order to empower these communities and protect their cultural, livelihood, and habitat rights. The legal safeguards, indigenous communities in India continue to face discrimination and human rights violations in the face of the climate crisis. Their ancestral lands and resources are increasingly threatened by deforestation, land encroachments, mining activities, and other ecological disturbances. Additionally, they often lack access to adequate healthcare, education, and socio-economic opportunities, further exacerbating their vulnerability. To address this issue, it is crucial to strengthen the implementation of the Forest Rights Act and ensure that indigenous communities have effective participation in decision-making processes related to climate change adaptation and mitigation efforts. It is important to recognize and respect their traditional knowledge and practices, as they have proven to be sustainable and resilient over centuries. Efforts should also be made to raise awareness and sensitize the broader society to the unique challenges faced by indigenous communities in the climate crisis. This can be achieved through education campaigns, capacity-building initiatives, and promoting cultural diversity and inclusivity. In conclusion, the discrimination faced by indigenous communities due to their indigenous status and the climate crisis is a pressing issue that requires urgent attention. Empowering these communities through stronger legal frameworks and proactive measures will not only ensure their resilience in the face of climate challenges but also uphold their human rights.^[1]

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[1] How is climate change affecting indigenous communities? | World Economic Forum (weforum.org)