Category: Volume 4 and Issue 1 of 2024

BOOK REVIEW ON “THE REFUGEE WOMAN: PARTITION OF BENGAL, GENDER, AND THE POLITICAL”

AUTHORS –SATYA VRAT PANDEY & GIBRAN RAZA, STUDENTS AT INTEGRAL UNIVERSITY

BEST CITATION – SATYA VRAT PANDEY & GIBRAN RAZA, BOOK REVIEW ON “THE REFUGEE WOMAN: PARTITION OF BENGAL, GENDER, AND THE POLITICAL”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 106-110, APIS – 3920 – 0001 & ISSN – 2583-2344.

TITLE OF THE BOOK: “THE REFUGEE WOMAN: PARTITION OF BENGAL, GENDER, AND THE POLITICAL”

AUTHOR: PAULOMI CHAKRABORTY

PUBLISHER: OXFORD UNIVERSITY PRESS, 27 JULY 2018

Abstract

This is a book review ofThe Refugee Woman: Partition of Bengal, Gender, and the Political by Paulomi Chakraborty, which highlights the effects of partition on the condition of women refugees and how refugee women predominantly impacted the political movements across India and give these movements a more gendered approach. Its clear, succinct, and easy-to-read format supports its claim to be a brief introduction and proves its usefulness as a valuable reference on women refugees in India with special emphasis on Bengali women. In the starting, the authors give a short overview of the book, moving forward, the authors highlight how the book contributes to the existing literature and lastly, the authors highlight the critiques found in the book during the book review. This review treats the critiques of the book as a point of departure to probe deeper into critical questions that the rights of refugee women face today.

COMPLICATING CORPORATE GOVERNANCE FOR EFFECTIVE SHAREHOLDERS MANAGEMENT

AUTHOR –  DHRUV GAUTAM PATEL, STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – DHRUV GAUTAM PATEL, COMPLICATING CORPORATE GOVERNANCE FOR EFFECTIVE SHAREHOLDERS MANAGEMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 111-120, APIS – 3920 – 0001 & ISSN – 2583-2344.

The evolving corporate landscape in India underscores the increasing importance of strict adherence to corporate governance principles, especially in safeguarding the interests of minority shareholders. As the corporate sector expands rapidly, the responsibility of managing companies grows, necessitating a strong focus on corporate governance practices.

IMPLICATION OF DIRECT TAXATION IN INDIA

AUTHOR- MISHIKA AGARWAL, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – MISHIKA AGARWAL, IMPLICATION OF DIRECT TAXATION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 98-101, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In India, direct taxation transcends its role as a revenue-raising mechanism and assumes broader significance in terms of economic equity, fiscal management and governance. By understanding the implications of direct taxation, stakeholders can work towards building a tax system that not only meets revenue objectives but also promotes inclusive growth, social justice and economic stability. This paper underscores the critical role of direct taxation in India’s economic and social development. Through the implications of direct taxation, policymakers can formulate tax policies that promote sustainable economic growth and enhance the overall welfare of society. Addressing the challenges associated with tax administration and compliance is essential for realizing the full potential of direct taxation as a tool for inclusive and equitable development in India.

Keywords: Direct Taxation,Central Board of Direct Taxes (CBDT), Ministry of Finance

COPYRIGHT LAW AND HOW IT HAS EVOLVED WITH THE RISE OF EMERGING TECHNOLOGIES

AUTHOR – BHANVI JUVEKAR, STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – BHANVI JUVEKAR, COPYRIGHT LAW AND HOW IT HAS EVOLVED WITH THE RISE OF EMERGING TECHNOLOGIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 84-97, APIS – 3920 – 0001 & ISSN – 2583-2344.

The advent of digital media has radically altered the terrain of content creation, dissemination, and consumption, bringing out a period of unparalleled problems and prospects for copyright legislation. Although digital technologies have made it easier to share creative works worldwide, they have also brought numerous challenges to the conventional system of copyright protection.

DOCTRINE OF PLEASURE-RESTRICTIONS ON THE DOCTRINE OF PLEASURE UNDER THE INDIAN CONSTITUTION

AUTHOR – GAYATHRI LAKKAMALLA, STUDENT AT DAMODARAM SAJIVAYYA NATIONAL LAW UNIVERSITY

BEST CITATION – GAYATHRI LAKKAMALLA, DOCTRINE OF PLEASURE-RESTRICTIONS ON THE DOCTRINE OF PLEASURE UNDER THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 76-83, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Doctrine of Pleasure has its roots from the England. In England, the Crown is known as the Executive head and the civil services are also part of executive. The Doctrine of Pleasure is that the Crown has the power to terminate the services of a civil servant at any time without providing any notice of termination to civil servant. Therefore, civil servants serve at the pleasure of the Crown, who has the power to dismiss them at any time. When the civil servants are fired from the services, they do not have the right to sue the Crown for the wrongful termination, nor they have the right to seek restitution for losses incurred as a result of the termination and also, they cannot ask for damages for the wrongful termination. The doctrine of pleasure was also followed in India. The President is the executive head of the Union so he holds the same position like the Crown in England. In India, the President has the authority to remove a civil servant at any time under this doctrine of pleasure. The doctrine of pleasure was adopted with some modifications in India form that of England. Article 310 has some exceptions which are provided by the Constitution, a civil servant of the Union works at the pleasure of the President and a civil servant in the State works at the pleasure of the Governor of that state. This is evident that the operation of the Doctrine of Pleasure can be limited by constitutional provisions. The Judges of the Supreme Court, Judges of High Courts, Chief Election Commissioner and Comptroller and Auditor General of India are excluded from the operation of Doctrine of Pleasure. So, this doctrine of pleasure is not absolute and it is subject to Constitutional provisions. There is another aspect that the civil servants can also be excluded from the operation of this doctrine because they have been provided with some protection under Article 311 and thus doctrine’s application can be limited to civil servants as well. The procedural safeguards are laid down under Article 311.

ARTICLE ON INFRINGEMENT AND REMEDIES RELATED TO IPR

AUTHOR – DEVANSHI BANSAL, UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY GANDHINAGAR, GUJARAT

BEST CITATION – DEVANSHI BANSAL, ARTICLE ON INFRINGEMENT AND REMEDIES RELATED TO IPR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) of 2024, Pg. 64-75, APIS – 3920 – 0001 & ISSN – 2583-2344.

COPYRIGHTS AND RELATED RIGHTS

The term “copyright” typically refers to a licensing that allows unrestricted copying. Preventing unauthorized copying is a legal right. Copyright is a legal privilege granted to those who create literary works (such as written works and computer programme source codes), dramatic works (such as film and drama scripts), musical works (such as melodies), artistic works (such as paintings, photographs, architecture, and sculpture, etc.), sound recordings, motion pictures, broadcasts on television and radio, cable programmes, performances, etc. (The duration of copyright protection is the author’s lifetime plus 60 years following death.) Ideas alone are not protected; only the expression of ideas is protected by copyright. This means that ideas, concepts, practises, methods, and information itself are not protected by copyright; rather, only the form or mode of expression is protected.

AN ANALYSIS OF INTERPLAY BETWEEN COMPETITION LAW AND INTELLECTUAL PROPERTY RIGHTS IN HEALTHCARE SYSTEM

AUTHOR – SIMONE AGARWAL¹ & DR. MEENU GUPTA². STUDENT¹ AND FACULTY² AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – SIMONE AGARWAL & DR. MEENU GUPTA, AN ANALYSIS OF INTERPLAY BETWEEN COMPETITION LAW AND INTELLECTUAL PROPERTY RIGHTS IN HEALTHCARE SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) of 2024, Pg. 56-63, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research paper explores the intricate relationship between competition law and intellectual property rights (IPRs) within the healthcare sector. It examines how competition law principles intersect with the protection of IPRs, focusing on their impact on innovation, accessibility, and affordability of healthcare products and services. Through case studies and comparative analysis, the paper discusses the challenges of balancing competition and IPRs, highlighting the need for regulatory frameworks that promote both innovation and consumer welfare. It concludes with policy recommendations aimed at fostering a harmonious coexistence between competition law and IPRs to ensure equitable access to healthcare while incentivizing continued innovation.

Keywords: Healthcare, Accessibility, Consumer Welfare, Competition Law, Intellectual Property Rights

PROVISION OF REMISSION IN CRPC IS A RAY OF HOPE FOR PRISONERS

AUTHOR – SIMRAN SINGH, STUDENT AT XAVIER LAW SCHOOL, XIM UNIVERSITY, BHUBANESWAR.

BEST CITATION – SIMRAN SINGH, PROVISION OF REMISSION IN CRPC IS A RAY OF HOPE FOR PRISONERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) of 2024, Pg. 50-55, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

There is a provision for Remission of Sentences of convicted prisoners at Chapter XXXII of The Code of Criminal Procedure 1973 under Section 432 which states that ‘When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced’. The provision of Remission gives a ray of hope to prisoners and offers an opportunity to rebuild their lives afresh within the society.

“HOMICIDE IN THE NAME OF HONOUR: AN EMERGING HATE CRIME IN INDIA: A THEMATIC STUDY”

AUTHOR – N. GOWTHAMAN, ASSISTANT PROFESSOR (CRIME AND TORT), GOVERNMENT LAW COLLEGE, CHENGALPET.

BEST CITATION – N. GOWTHAMAN, HOMICIDE IN THE NAME OF HONOUR: AN EMERGING HATE CRIME IN INDIA: A THEMATIC STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) of 2024, Pg. 41-49, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

                         All over the world, every year around 5000 women are killed by members of their own family, many of them in the name of redeeming the honour. Killing their siblings by members of the family are commonly known as “Honour killings”. Honour killing is a global phenomenon and has been widely reported not alone in India. The peculiar characteristics of India are that the entire society is divided by caste and community. As a result, Honour killings recur when conflict arises between diversified caste and communities. Intolerance of the so-called upper caste people to the inter-caste marriages or pre-marital relationships between adolescents are the prime causes of Honour killings in India. Inter-caste or intra-caste factors predominate as a reason behind people killing their children for restoring their disrepute Honour.  Even marriages in the same gotra have emerged as a catalyst of Honour killing in India.

                    Hate crimes are often committed on the basis of differences in personal characteristics. But, the key element of any hate crime is the presence of bias motivation. The criminal act alone does not define a hate crime; rather the investigation of the crime must conclude that the offender was bias motivated.^[1] The NGO-Evidence reported that 16 out of 39 honour killing cases were scheduled caste victims. As per this data, near about 50% honour killings is a caste biased motivated hate crime in Tamilnadu.^[2] The present issue of honour killing considered as a hate crime in the above aforesaid characters

Key wods – Honour killing ., Hate crime, Message crime, homicide, caste

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[1] Hate crime 2014, prepared by Tennessee Bureau of Investigation, USA.

[2] The data collected by the researcher from the Madurai based NGO EVIDENCE – the study period is 2011-2015.

GIG ECONOMY: NEED FOR LABOUR LAWS

AUTHOR: KHIRBHA S GOUNDER, STUDENT AT PES UNIVERSITY, BANGLORE

BEST CITATION – KHIRBHA S GOUNDER, GIG ECONOMY: NEED FOR LABOUR LAWS, Indian Journal of Legal Review (IJLR), 4 (1) of 2024, Pg. 33-40, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

It is believed that impermanent work facilitated by online platforms is supplementing or replacing standard employment in labour markets, which are undergoing a drastic change. However, it is challenging to determine the size and extent of these changes because ‘online gig worker’ is difficult to quantify using traditional labour market data and economic metrics. In recent months, there has been an increase in worry regarding the position of gig workers. According to the Niti Ayog study, “India’s Booming Gig and Platform Economy”, there will be roughly 23.5 million gig employees by 2029.^[1] The study also highlights the facts that the gig economy is increasingly characterized by subpar safety standards, unfair contracts, a lack of minimal earnings, and a lack of job perks like workers compensation, overtime pay, and paid time off for illness. The purpose of this article is to understand the gig economy and its effects on labour laws and corporate policy. The information will be useful for policymaking, research, and the public.

Keywords: gig economy, labour laws, corporate policy, policy making

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[1]“India’s Booming Gig and Platform Economy.” https://www.niti.gov.in/sites/default/files/2022-06/Policy_Brief_India%27s_Booming_Gig_and_Platform_Economy_27062022.pdf