Category: Volume 4 and Issue 1 of 2024

THE PRESSING NEED OF HAVING STRONG LAWS ON MISLEADING ADVERTISEMENTS

AUTHOR – NANDAN RATHI, STUDENT AT HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

BEST CITATION – NANDAN RATHI, THE PRESSING NEED OF HAVING STRONG LAWS ON MISLEADING ADVERTISEMENTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1549-1555, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Advertising plays an important role in the contemporary economy of the country as it influences the market trends and consumption. While there are many benefits of advertising the product, there are also concerns about the product if the advertisement is misleading or false. Advertisement on any product by any company should be factual and based on reasons to believe to be true. Misleading advertisement is violation of consumer rights and amounts to unfair trade practices. It not only affects the consumer interest but also harms the business and company reputation. There are many cases where a company is found guilty of making misleading advertisements. To counter such cases, there is a strong need of having stricter enforcement mechanisms and laws to counter this problem.

Key Words- Misleading Advertisement, FSSAI, ASCI, Unfair practices, Consumer Protection

BALANCING THE BEACH – SMART CITY V. SUSTAINABLE CITY

AUTHORS – SHRIYA AGRAWAL & DR. ANUJ KUMAR SHARMA, STUDENT* & ASSISTANT PROFESSOR** AT AMITY UNIVERSITY, LUCKNOW

BEST CITATION – SHRIYA AGRAWAL & DR. ANUJ KUMAR SHARMA, BALANCING THE BEACH – SMART CITY V. SUSTAINABLE CITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1529-1532, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Earth is in the focal point of a gigantic ecosphere. Climate change is the utmost condemnatory matter in question is influencing our globe and is to a great extent ascribable to personage pursuit. Weather change brings with it unfavorable consequences such as ultimatum to habitat and ecospheres, threats to personage well being with regard to their health, increasing sea levels due to the bundled unfreezing of glaciers and ice caps, accelerated water stress and declined family productiveness. These matters in question are operating quite a number of economies and cities all around the globe to aim on reducing greenhouse discharges to counter weather swapping effects. Cities report for the bulk of the globe’s greenhouse gas discharges and power utilization. As cities in nearly all countries are drivers of economic development, urbanization is estimated to carry on growing in the time ahead of. This will, drive the exhaustion of non-renewable resources and add on to carbon dioxide discharges. Revolution and computerized technology must be capitalized to tackle the standards of living. To label urbanization difficulties and challenges and to make sure sustainability, inventiveness must be clubbed with energy, computerized technology and details and transmissions technology. Sustainability surrounds not only the surrounding but also communal fairness and the economy. The world is observing a move remunerative energy corridors, as India and China are contemplated to be the most authoritative economies to look out for. These appearing economic colossus require to take preventative measures to stay away from the destructive impacts of weather change.

FEMALE CRIMINALITY: A PRACTICAL UNDERSTANDING

AUTHOR – DEEPIKA K, STUDENT AT SCHOOL OF LAW, PRESIDENCY UNIVERSITY, BENGALURU

BEST CITATION – DEEPIKA K, FEMALE CRIMINALITY: A PRACTICAL UNDERSTANDING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1522-1528, APIS – 3920 – 0001 & ISSN – 2583-2344.

There is a lengthy history of criminal behavior among female offenders.  Since 1945, there has been a noticeable growth. In criminology, women’s involvement in crime has primarily been linked to a higher level of apathy than men. Women have naturally developed into the foundation of every community. A woman is constrained by numerous traditional standards, particularly in a nation like India, and is expected to play the roles of a mother, a nurturer, and a defender of morality, social custom, and the unity of a family. Women encounter numerous opportunities barriers in both their professional and personal lives as a result of these expectations. The social milieu, particularly in a patriarchal society, has a significant role in the criminalization of women, according to psychologist Anchal Bhagat. A woman’s fate cannot be altered, notwithstanding the Indian Constitution’s provision of equal rights and privileges. She does not receive the credit and respect she deserves despite her equal commitment and great achievement in both her schooling and her job. In general, women commit different crimes than males do. The nature of the crime, its repercussions, the approach taken, the criminal weapon used, and the victim of choice can all be considered as examples of where there are variances. It is challenging to ignore the reality that crimes committed by women typically have a stronger emotional component than those committed by men.The number of women detained for cognizable offenses between the ages of 18 and 30 increased from 64,369 (4.13 percent) in 2018 to 1,91,508 (6.15 percent) in 2019 (NCRB, 2019). In this paper, we attempt to comprehend the causes of the rise in female offenders since 1945 as well as the types of crimes in which most female offenders are involved. In an effort to comprehend their mental states during the commission of crime, we have also made an effort to contact the female offenders who are detained in Bangalore. We also want to examine the disparities in treatment between male and female offenders and legislative gaps in this area.

INDIA’S COLLEGIUM SYSTEM: EXPLORING ITS HISTORY, FUNCTIONING, BENEFITS, AND DRAWBACKS

AUTHOR NAME – KANISHK MOR, STUDENT AT GUJARAT NATIONAL LAW UNIVERSITY, SILVASSA CAMPUS, DEPARTMENT OF LAW (LLM)

BEST CITATION – KANISHK MOR, INDIA’S COLLEGIUM SYSTEM: EXPLORING ITS HISTORY, FUNCTIONING, BENEFITS, AND DRAWBACKS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1512-1521, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Indian Collegium System, a distinctive framework for judicial appointments, has been lauded and criticized since its inception. This paper aims to provide an in-depth exploration of the Collegium System, tracing its historical development, examining its operational mechanics, and evaluating its benefits and drawbacks. The system emerged from a series of landmark Supreme Court judgments, namely the First, Second, and Third Judges Cases, which collectively shifted the power of judicial appointments from the executive to the judiciary. This transformation was intended to enhance judicial independence by minimizing political interference. However, the Collegium System’s functioning has been marked by several contentious issues. While it has successfully ensured a judiciary free from executive overreach, it has also been criticized for its lack of transparency and accountability. The decision-making process within the Collegium is often perceived as opaque, with little public insight into the criteria and deliberations involved in the selection of judges. This has led to allegations of nepotism, favoritism, and inefficiency, raising questions about the system’s overall effectiveness. Moreover, the Collegium’s structure and processes have faced scrutiny regarding their ability to address the growing demands of India’s judicial landscape. The paper discusses these criticisms in detail, highlighting the various dimensions of the debate surrounding the Collegium System. Despite its shortcomings, the system’s role in maintaining judicial independence remains a significant achievement. The exploration also includes proposed reforms and alternative models to enhance transparency and accountability while preserving the core principle of judicial independence. This comprehensive study of the Indian Collegium System seeks to contribute to the ongoing discourse on judicial reforms in India. By examining its history, functioning, and myriad perspectives on its efficacy, the paper aims to provide valuable insights for policymakers, legal practitioners, and scholars interested in the quest for a more transparent, accountable, and effective judicial appointment process.Keywords: Indian Collegium System, judicial appointments, judicial independence, Supreme Court of India, transparency, accountability,

SPACS- A BOON OR A CURSE?

AUTHOR – JHANVI JAIN & KARNIKA SINGH, STUDENT AT KIIT UNIVERSITY, SCHOOL OF LAW

BEST CITATION – JHANVI JAIN & KARNIKA SINGH, SPACS- A BOON OR A CURSE?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1504-1511, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Special Purpose Acquisition Company or SPACs are an alternative method of getting unlisted companies listed without it going through the hassles of an Initial Public Offer (IPO). They are basically blank-check companies with no operations of their own, formed with the sole purpose of getting an unlisted company listed by acquiring or merging it. It has a life span of two years, and if it does not manage to merge with any other company in the span of 18-24 months it is liquidated and all its funds are returned to its original investors. SPAC came into existence roughly 20 years ago in the United States of America. SPACs were initially seen as a pump and dump scheme as they led investors to lose money by defrauding them into believing that they were going to merge with a company and pump up the prices and later the insiders would sell the shares before the truth could be exposed to the retail investors. This situation led the Congress to lay down a basic regulatory framework and posed a requirement for money to be deposited in a regulated escrow account and barring its use until the acquisition/ merger was complete.^[1]

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[1] Prashant Singhal, Pranav Sayta, ‘Special Purpose Acquisition Company (SPAC) Ernst and Young’ <https://www.ey.com/en_in/strategy-transactions/spac-services > last accessed on 6th December 2023

BRIDGING THE GENDER GAP: POLICIES AND PRACTICES FOR ADVANCING FEMALE WORKERS IN INDIA AND SOUTHEAST ASIA

AUTHOR – VANSHIKA SHUKLA, RESEARCH SCHOLAR AT DEPARTMENT OF LEGAL STUDIES, BANASTHALI VIDYAPITH, JAIPUR

BEST CITATION – VANSHIKA SHUKLA, BRIDGING THE GENDER GAP: POLICIES AND PRACTICES FOR ADVANCING FEMALE WORKERS IN INDIA AND SOUTHEAST ASIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1488-1503, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Gender inequality in the workforce remains a persistent challenge in India and Southeast Asia, hindering economic growth and social progress. This paper presents an in-depth analysis of policies and practices aimed at advancing female workers in these regions. Drawing on extensive research, it explores the multifaceted dimensions of the gender gap, including wage disparities, limited access to leadership roles, and cultural barriers that hinder women’s career progression. The paper highlights key policy initiatives undertaken by governments and organizations to address gender inequality. In India, efforts such as the Beti Bachao, Beti Padhao (Save the Girl Child, Educate the Girl Child) campaign and the Maternity Benefit (Amendment) Act have shown promising results in promoting female workforce participation and safeguarding women’s rights. Similarly, Southeast Asian countries like Malaysia and Singapore have implemented pro-women policies, including subsidized childcare and gender diversity targets for corporate boards. Furthermore, the study delves into best practices adopted by both public and private sectors, such as mentorship programs, flexible work arrangements, and gender-sensitive training. These practices not only empower women in the workplace but also foster a more inclusive and productive workforce. Despite progress, challenges persist, particularly in patriarchal societies where deeply ingrained gender norms continue to impede women’s advancement. The paper underscores the importance of cultural sensitivity in policy design and implementation, emphasizing the need for comprehensive strategies that tackle both legal and sociocultural barriers. In keeping with this, bridging the gender gap in India and Southeast Asia necessitates a coordinated effort involving governments, businesses, and civil society. By promoting policies that support women’s economic empowerment and adopting progressive workplace practices, these regions can unlock the full potential of their female workforce, fostering sustainable development and greater gender equality.

Keywords: Gender Gap, Female Workers, Policies, Practices, Economic Empowerment, Workplace Inclusion.

CERVICAL CANCER PREVENTION IN INDIA: EXAMINING THE CASE FOR LEGAL MANDATES ON VACCINATION

AUTHOR – PRANAV DEEPANKAR KETHINENI, STUDENT AT ALLIANCE SCHOOL OF LAW, ALLIANCE UNIVERSITY, BANGALORE

BEST CITATION – PRANAV DEEPANKAR KETHINENI, CERVICAL CANCER PREVENTION IN INDIA: EXAMINING THE CASE FOR LEGAL MANDATES ON VACCINATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1470-1487, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Cervical cancer is one of the growing medical concerns in for women in India. It is the cancer that develops in the cervix of the women which is the entrance to the uterus from the vagina. Various strains of the human papillomavirus, (hereinafter referred as HPV), play a role in causing most cervical cancers. HPV is a common infection that’s passed through sexual contact. When exposed to HPV, the body’s immune system typically prevents the virus from doing harm. In a small percentage of people, however, the virus survives for years. This contributes to the process that causes some cervical cells to become cancer cells. Cervical cancer is the fourth most common cancer in women. In 2018, an estimated 570 000 women were diagnosed with cervical cancer worldwide and about 311 000 women died from the disease. When diagnosed, cervical cancer is one of the most successfully treatable forms of cancer, as long as it is detected early and managed effectively. Cancers diagnosed in late stages can also be controlled with appropriate treatment and palliative care.^[1]

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[1] https://www.who.int/health-topics/cervical-cancer#tab=tab_2 

INSTITUTIONAL ARBITRATION IN INDIA

AUTHOR – PRAKHER SINGH* & EKTA ROSE**,

STUDENT* & ASSISTANT PROFESSOR** AT AMITY UNIVERSITY LUCKNOW UTTAR PRADESH

BEST CITATION – PRAKHER SINGH & EKTA ROSE, INSTITUTIONAL ARBITRATION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1461-1469, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Globalized living requires constant upgrade abreast of latest developments of international law. A significant tendency in the process of settling the clashes is the fact that a settlement through arbitration instead of the traditional court trial is becoming part of common practice. India enacts the Arbitration and Conciliation (Amendment) Act, 2019 (often called the 2019 Act) as a response to the artificial intelligence revolution. Obviously, the target of this measure was to position India as global arbitration hub. However, it looks like it will not be easy and straightforward. Though, it is, important to consider the progress made during the last year in the context of the 2019 amendment. There is a rapid growth of community development contracts around throughout the nation that enable the public private alliances. Furthermore, it is expected that as the market reforms, international businesses may become more common in the sector, due to more liberated environment for foreign direct investment. India features the largest sophisticated market with having a diversified population helping to drive the country’s large and expanding economy. Consequently, the space for trade and commerce will inevitably expand, and the issue of business conflicts will be given a greater chance to manifest. This leaves open the question to be answered, “Does India have the system that could effectively address the problems?” The system in India is strong but the left difficulties are evident and the report of India Justice 2019 has not alleviated any of the problems. Additionally, one of the major impediments of the companies, creating contracts is the enforcement of the same.

A LEGAL PERSPECTIVE ON ADDRESSING CHILD ABUSE IN INDIA UNDER THE POCSO ACT, 2012

AUTHOR – INDRESH VIKRAM SINGH CHAUHAN* & MISS SUKRITI YADAV**

STUDENT* & ASSISTANT PROFESSOR** AT AMITY UNIVERSITY LUCKNOW UTTAR PRADESH

BEST CITATION – INDRESH VIKRAM SINGH CHAUHAN & MISS SUKRITI YADAV, A LEGAL PERSPECTIVE ON ADDRESSING CHILD ABUSE IN INDIA UNDER THE POCSO ACT, 2012, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1451-1460, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Sexual offenses involving a child can take m any different forms. The world’s largest child population resides in India, and thus, it is not surprising that in India as well, such crimes are being committed in large numbers. Still, appallingly, the majority of child sexual abuse instances in India go unreported or unnoticed. It has been found that most of the offenders were well-known criminals who were related to the victims and were usually trusted by the family or victim, such as the home tutors, school teachers, neighbors, cousins, and servants. In some tragic cases, the father or stepfather was also involved in the crime. The perpetrators are violating not just the moral rights but also the fundamental rights of the children (right to life with dignity), in my opinion. Even according to the NCRB report, 96% of the offenders were someone the child knew. Additionally, they might be exploited in organized rings of pedophiles while producing pictures and videos that show child sex abuse. This has a detrimental effect on children’s general development and health. The Indian Constitution guarantees certain rights of and for children. In addition to many of these protections, the Indian legislature enacted a law that specifically designed to protect children as they realized the process and the existing laws had no provisions for dealing with the sexual abuse of male kids, and the erstwhile statutory laws were insufficient to address sexual offenses. The Protection of Children from Sexual Offences Act, 2012 was thus enacted to close the loopholes erstwhile laws had. The vast majority of Indian laymen are not aware of this specialized statute that shields their kids from “sexual assault,” “sexual harassment,” and “Child Pornography,” let alone use it in the event of a tragedy. The subject matter of the current study is victimization and the role of the courts in situations involving sexual offenses related to minors. The most horrible crime against children is child sexual abuse (CSA), which is typically concealed in the natural world. It is the crime that is least publicized. Over a person’s lifetime, the effects of CSA persist. It’s now understood to be toxic stress that can cause irreversible emotional harm to a child. Through this paper, the author has tried to identify the Indian statute and its impact on society, compare analysis with the similarly placed laws of other developed economies, and what, as a society, we all can do to provide a safer atmosphere for kids to grow.

REDEFINING JUVENILE JUSTICE: MORE ACCOUNTABLE AND REFORMATIVE SYSTEM FOCUSED ON YOUNG OFFENDERS

AUTHORS – PROF.T. MURUGESH* & PROF.S. KALIRAJ**

* ASSISTANT PROFESSOR, GOVERNMENT LAW COLLEGE, TIRUCHIRAPALLI, TAMIL NADU- 620023.

** ASSISTANT PROFESSOR, GOVERNMENT LAW COLLEGE, COIMBATORE, TAMIL NADU- 641046.

BEST CITATION – PROF.T. MURUGESH & PROF.S. KALIRAJ, REDEFINING JUVENILE JUSTICE: MORE ACCOUNTABLE AND REFORMATIVE SYSTEM FOCUSED ON YOUNG OFFENDERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1429-1435, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper examines the necessity and effectiveness of paying special attention to juveniles aged between 16 and 18 years to increase their accountability for offences committed while concurrently enhancing their rehabilitation. The Juvenile Justice (Care and Protection of Children) Act, 2015 marked a pivotal shift in how juvenile offenders are treated for heinous offences, aligning their accountability more closely with adult criminal justice proceedings. However, this amendment overlooked serious and petty offences, maintaining a lenient stance that arguably fails to address the complexities of juvenile delinquency adequately. With growing cases of delinquency and its long-term societal impacts, there is a pressing need to re-evaluate the justice system’s approach to this demographic.

The proposed recommendations aim to strike a delicate balance between accountability and rehabilitation. Furthermore, this paper advocates the implementation of specialized legislation aimed at increased accountability and explores the potential benefits of early intervention and targeted rehabilitation efforts in reducing recidivism rates among juvenile offenders. The expected outcomes of these recommendations include reduced juvenile recidivism, improved public confidence in the juvenile justice system, better alignment of juvenile penalties with the nature and severity of offences, and the successful reformation of juvenile offenders. This article contributes to the ongoing dialogue on juvenile justice reform by suggesting a nuanced approach that holds juveniles more accountable while providing a pathway for their rehabilitation and integration into society.

Key words:-The Juvenile Justice (Care and Protection) Act, 2015, Heinous crimes,Juveniles aged between 16 to 18 years, Reformation,Rehabilitation, Special legislation and special Prison System.