Category: Volume 4 and Issue 1 of 2024

THE PRECAUTIONARY PRINCIPLE AS A DECISION-MAKING PRINCIPLE

AUTHOR – JAHNAVI KHATTAR, SYMBIOSIS LAW SCHOOL, NOIDA, SYMBIOSIS INTERNATIONAL (DEEMED UNIVERSITY), PUNE

BEST CITATION – JAHNAVI KHATTAR, THE PRECAUTIONARY PRINCIPLE AS A DECISION-MAKING PRINCIPLE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1436-1441, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The precautionary principle, encapsulated by the adage “better safe than sorry,” is poised to profoundly influence global policy, especially within the European Union, which champions its application across trade, environmental, and other decision-making realms. This principle advocates for preemptive action in the face of potential risks to human health or the environment, even without definitive scientific proof. This paper examines the precautionary principle’s implications on innovation, public health, and environmental sustainability. It delves into ethical dilemmas and conflicts arising from its application and scrutinizes real-world case studies to assess its efficacy.

The literature review explores various perspectives on the precautionary principle, highlighting its ethical foundation linked to public goods and intergenerational fairness, as well as its potential to inadvertently introduce new risks or stifle benefits. A detailed analysis of India’s environmental governance illustrates the judicial application of the principle in cases like A P Pollution Control Board v. Prof. M V Nayudu and Democratic Youth Federation v. Union of India. These cases underscore the challenges posed by scientific uncertainty and the necessity for a robust framework to guide precautionary measures. Findings reveal significant concerns regarding the principle’s interpretative flexibility and the resultant variability in judicial and regulatory decisions. The study suggests that India, by incorporating global best practices and emphasizing transparency, accountability, and stakeholder engagement, can enhance the principle’s application, supporting sustainable development and environmental protection. The research underscores the need for a standardized approach to integrating scientific uncertainty into legal and policy decisions, fostering more consistent and effective environmental governance.

PROTECTION OF WITNESSES IN INDIAN LEGAL SYSTEM

AUTHORS – VASHISHTHA MISHRA* & MS.EKTA ROSE**, STUDENT* AND ASSISTANT PROFESSOR** AT AMITY UNIVERSITY LUCKNOW UTTAR PRADESH

BEST CITATION – VASHISHTHA MISHRA & MS.EKTA ROSE, PROTECTION OF WITNESSES IN INDIAN LEGAL SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1442-1450, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The term “witness” refers to someone who can testify as essential in legal or criminal litigation; in this context, it points at the significance of testimony itself from the material evidence and the nature of presentation. A witness is essential in the exact placement of the structure of the criminal justice system of any country’s establishment. To this end, the factual testimony of witnesses provides necessary direction to the court and catapults it to the stage where the convicted is sentenced to serve time while the victim embarks on a journey of justice. The criminal law and the internal functioning of the witness protection are the two most important sectors to be focused on by the Indian Judiciary. So that this evidence by witnesses is not destroyed, i.e. by the choosing of witnesses to change their testimony and so on, the investigation should be underway for secondly it aims to make that the whole process of gathering and preserving of it is done during the examination. Consequently, it deals with the issue by offering a program in which potential witnesses have their protection and safety assured not only during the trial itself, but also while all the process that takes place in the beginning and until the end of a case. Testimonies of witnesses are the main source of evidence in criminal courts, and Evidence Act of 1872 and Code of Criminal Procedure of 1973 have been formulated in a precise manner to ensure that witness statements are tested and fully substantiated before such statements are marked in the court in question. The main goal of this study is to review the currently available witness protection procedures in India and thus detect the many rights violations related to the insufficient legislation on the matter.

CLIENTISM IN LAW

AUTHOR: SHAIK RAFIUNNISA, STUDENT AT DR.B.R.AMBEDKAR LAW COLLEGE, HYDERABAD

BEST CITATION – SHAIK RAFIUNNISA, CLIENTISM IN LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1421-1423, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Client is a person who maintains confidential matters to an attorney while persuing professional assistance.   To become a client is a very tough task, needs to bear all expenses, patience, confidentiality and courageous to overcome penalty, punishment  and imprisonment.  Client confidentiality protects the privacy, security and reputation as well as the interests of your attorney. Advocating is a door of the world.  People can notice and identify law at any corner of the world.  A client has right to keep that his or her attorney keep a secret any discussions between them during the course of their relationship that pertains to the matters for which the attorney is hired.  In my view, client is a most significant and respectful person in law,  The client expectation is attorney should devote time and pay more attention to his case. Client also notice calling repeatedly and demanding daily attention which is not good.    He also observe the attorney or staff to alter office procedures to accommodate your demands.  Office procedures and systems are usually set up to ensure a professional handling of the case of client.   There  is a inter connection between client and attorney.  If client succeed or not in legal case, the most delightful or effected person is “client” only.

JUVENILE JUSTICE ACT IN INIDA

AUTHOR – SHAIK RAFIUNNISA, STUDENT AT DR.B.R.AMBEDKAR LAW COLLEGE, HYDERABAD.

BEST CITATION – SHAIK RAFIUNNISA, JUVENILE JUSTICE ACT IN INIDA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1424-1428, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Juvenile delinquency is a serious issue and it affects social order of nation.    This issue is viewed as a socio-legal category invented in combination with juvenile court.  Juvenile crimes have become such a common problem and they raise serious concern day by day.  Those children who are involved in such crimes, all over the world develop different grades of crime in the eyes of world.  The issues arise when juveniles develop tendencies and having conflict with laws.  Majority of crime is committed by those who are in the age group of 16-18 years because of the negative influence of the same age groups or the surroundings or society.

In my opinion, “Prevention is better than cure”.  How to prevent juvenile delinguqency.  Parents/teachers and society shall encourage juveniles education, recreation, community involvement, Prenatal and infancy Home visitation by nurses.  Awareness of parent child interaction Training program, Bullying prevention program, and prevention program within the juvenile justice system. The main objective of this paper is to study the incidence of juvenile delinquency with reference to psychological perspectives. The juvenile who commit serious crimes challenge their future to protest perceived abuses that have been perpetrated against them. This makes them psychological depression and in turn reflects to commit more crimes.  In this circumstance the study on incidence of juvenile delinquency is very important to analyze the causes with reference to psychological perspectives and annihilate in the society.

Key Words: Offender, Rehabilitation, Juvenile Justice System, psychological depression, Juvenile delinquency, preventive measures.

PASSION INTO PROFESSION: THE MOTIVATIONS AND CHALLENGES OF BUILDING A CAREER IN COMMUNITY RADIO

AUTHORS – TANYA¹ & DR. RAKESH PRAKASH², STUDENT¹ AND ASSISTANT PROFESSOR² AT AMITY UNIVERSITY, NOIDA

BEST CITATION – TANYA & DR. RAKESH PRAKASH, PASSION INTO PROFESSION: THE MOTIVATIONS AND CHALLENGES OF BUILDING A CAREER IN COMMUNITY RADIO, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1414-1420, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT-

The transition from passion to profession is a journey fraught with motivations and challenges, particularly in the context of community radio. This research paper delves into the intricate dynamics surrounding individuals who aspire to turn their passion for community radio into a full-fledged career. By examining the motivations driving individuals towards community radio, as well as the challenges they encounter along the way, this study seeks to illuminate the multifaceted nature of this career path.

The motivations behind pursuing a career in community radio are diverse and deeply rooted in personal values, community engagement, and a desire for social impact. For many, the opportunity to amplify underrepresented voices, foster local connections, and contribute to community development serves as a powerful driving force. Moreover, the autonomy and creative freedom inherent in community radio often appeal to individuals seeking a platform for self-expression and advocacy.

However, the journey towards building a career in community radio is not without its hurdles. Financial constraints, limited resources, and regulatory challenges pose significant barriers to entry for aspiring professionals. Moreover, the inherent instability and unpredictability of the industry can lead to precarious employment conditions and career uncertainty. Navigating these obstacles requires resilience, adaptability, and a strong commitment to one’s passion and community.

Through a combination of qualitative interviews, surveys, and case studies, this research paper offers valuable insights into the motivations and challenges faced by individuals pursuing careers in community radio. By capturing the voices and experiences of community radio practitioners, this study sheds light on the strategies employed to overcome obstacles and sustain meaningful careers in this field.

Furthermore, this paper explores the role of education, training, and professional development in empowering individuals to succeed in the community radio sector. By identifying best practices and innovative approaches to skill-building and capacity-building, this research aims to inform policy recommendations and industry initiatives aimed at supporting aspiring community radio professionals. In conclusion, the journey of turning passion into profession in the realm of community radio is a complex and rewarding endeavor. By understanding the motivations that drive individuals towards this career path, as well as the challenges they face along the way, stakeholders can work towards creating a more supportive and inclusive environment for community radio practitioners. Ultimately, this research contributes to a deeper understanding of the dynamics shaping the community radio landscape and underscores the importance of empowering individuals to pursue meaningful careers aligned with their passions and values.

SECULARISM AND RELIGIOUS RIGHTS IN THE INDIAN CONSTITUTION:  A COMPREHENSIVE ANALYSIS

AUTHORS – MAYANK DWIVEDI¹ & PROF. ARVIND P. BHANU², LLM STUDENT¹ AND ADDITIONAL DIRECTOR², AMITY UNIVERSITY, NOIDA

BEST CITATION – MAYANK DWIVEDI& PROF. ARVIND P. BHANU, SECULARISM AND RELIGIOUS RIGHTS IN THE INDIAN CONSTITUTION:  A COMPREHENSIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1408-1413, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The framers of the Indian Constitution, under the leadership of Dr. B.R. Ambedkar, incorporated secular principles into its framework, as reflected in the Preamble’s declaration of India as a sovereign, socialist, secular, and democratic republic. Articles 25 to 28 guarantee freedom of religion and prohibit discrimination based on religion. This paper examines the Constituent Assembly debates surrounding secularism and religious rights, highlighting key perspectives and debates.

During the Constituent Assembly debates the Constitution framers questioned the feasibility of a secular state, advocating either for explicit state indifference to religion or the affirmation of indigenous faith and culture. Dr. B.R. Ambedkar addressed various viewpoints, advocating for a middle ground that balances religious freedom with concerns of social harmony and misuse of public funds. The debates on invoking “In the name of God” in the Constitution elucidate the significance of spiritual beliefs in Indian culture, with proponents arguing for its inclusion to acknowledge the nation’s deep-rooted spirituality.

Analysis of constitutional provisions under Articles 25 to 30 delves into the protection of religious freedom, the management of religious institutions, and the rights of minorities to establish and administer educational institutions. Legal precedents offer insights into the interpretation and application of these provisions, emphasizing the delicate balance between religious freedom and state regulation in a diverse society. This paper provides a comprehensive understanding of secularism and religious rights in the Indian Constitution, shedding light on its evolution, debates, and legal framework.

PRIVACY AND DATA PROTECTION IN INDIA: AN ANALYSIS

AUTHOR – PRIYANKA TOMAR, STUDENT AT ITM UNIVERSITY GWALIOR

BEST CITATION – PRIYANKA TOMAR, PRIVACY AND DATA PROTECTION IN INDIA: AN ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1401-1406, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Privacy, deemed crucial for human survival, faces threats under the guise of legal procedures or public duties by officials. Imagine a world where individuals have no privacy rights, encompassing personal aspects like family, work, and relationships. Privacy, akin to oxygen for the body, ensures a peaceful life with dignity and liberty, as enshrined in Article 21 of the Indian Constitution. As society transitions into a digital era, characterized by increased social media and internet usage, data security^[1] and protection become national imperatives. Data protection and privacy, intricately linked, form a critical and sensitive domain in contemporary legal discourse. Due to the COVID-19 pandemic, this research paper adopts an analogical research approach, utilizing secondary sources to compile precise information. Keywords: Privacy, Rights, Data, Digital Footprint, Cyber Era.

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[1] StartupFino: Authorship and Ownership of Copyright in India –

THE FEMINIST DUALITY: EMBRACING PATERNAL INVOLVEMENT AND RECOGNITION IN ABORTION DECISION-MAKING

AUTHOR – SIDHI M JAIN, STUDENT OF SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), BANGALORE

BEST CITATION – SIDHI M JAIN, THE FEMINIST DUALITY: EMBRACING PATERNAL INVOLVEMENT AND RECOGNITION IN ABORTION DECISION-MAKING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1396-1400, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Abortion is a method of terminating a pregnancy. It can be done in two ways: “medical abortion,” which involves using drugs or abortion pills to end the pregnancy, or “surgical abortion”, which involves removing the pregnancy from the uterus. Despite its growing popularity, abortion is still a difficult issue. However, as times have changed, people’s ideologies have gotten more liberal, and as a result, various laws have been enacted, legalizing abortion in India. The Medical Termination of Pregnancy Act of 1971 made abortion legal in India.  While most abortion debates centre on the rights of the mother or the unborn child, the rights of the father are rarely discussed. The rights of the father in abortion are mentioned but not fully safeguarded in the various legal frameworks developed in India, thus this paper critically analyses the rights and duties of a father during and abortion. In the context of American courts, we observe that the courts have been categorical that the rights of men and women in abortion cannot be deemed equal, and that women do not require permission from their husbands to have an abortion. The Supreme Court of India in a 2017 case considered whether the husband/consent of father to abortion is relevant. The Supreme Court examined the case and dismissed the appeal filed by the father. It was discovered that a woman’s right to choose her reproductive choices falls under the purview of Article 21 of the Constitution, which deals with personal liberty. The laws in India have also been very strict and just, with the primary motivation being a mother’s right to abortion. Paternal rights activists all over the world debate how abortion laws should take fatherhood into account. However, the Supreme Court of India held that the father has a right to be heard, but the ultimate decision lies with the woman. While the Medical Termination of Pregnancy Act provides for the conditions under which a pregnancy can be terminated, it does not address the rights of the father.

DOCTRINE OF ABSOLUTE LIABILTY & CRITICAL STUDY OF ITS IMPACT ON INDUSTRIES

AUTHOR – SHISHIR RAJ, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

BEST CITATION – SHISHIR RAJ, DOCTRINE OF ABSOLUTE LIABILTY & CRITICAL STUDY OF ITS IMPACT ON INDUSTRIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1381-1395, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The paper delves deeply into the intricate evolution and profound significance of absolute liability within legal frameworks, with a particular focus on its application in the context of gas leak incidents in India. Commencing with a comprehensive examination of fundamental legal doctrines such as strict and absolute liability, the paper navigates through seminal cases like Rylands v. Fletcher and M.C. Mehta v. Union of India to elucidate the nuanced development and practical application of these doctrines. Utilizing a doctrinal research methodology, the study meticulously dissects the concepts of strict and absolute liability, meticulously analyzing their ramifications in the realm of gas leak cases. This meticulous approach aims to offer a thorough understanding of the legal principles at play, thereby providing valuable insights into their practical implications and societal ramifications.

A critical aspect of the paper is the discernment of key distinctions between strict and absolute liability. While both doctrines embody a form of liability without fault, absolute liability stands out for its uncompromising nature, devoid of any possibility for defendants to invoke defenses. This stark contrast underscores the severity and rigidity of the legal standard under absolute liability, emphasizing its pivotal role in ensuring accountability and justice, particularly in cases involving hazardous activities. Moreover, the paper underscores the imperative for the modernization of legal frameworks to effectively address contemporary challenges, especially in light of rapid industrialization. By shedding light on the necessity for legal evolution, the paper highlights the dynamic nature of jurisprudence and the ongoing need for adaptive legal doctrines to uphold societal values and protect public interests. Central to the narrative is the pivotal role of the Indian judiciary in embracing absolute liability as a means to foster accountability and justice. Through landmark decisions and progressive interpretations of legal principles, the judiciary has played a central role in shaping the trajectory of legal discourse, particularly in the realm of environmental and constitutional law. In conclusion, the paper portrays absolute liability as a cornerstone of contemporary legal discourse, reflecting society’s evolving demands for accountability and justice. By offering a comprehensive exploration of its evolution and significance, the paper underscores the enduring relevance and profound impact of absolute liability within the broader spectrum of legal frameworks.

DOWRY DEATH AND INDIAN PERSPECTIVE

AUTHOR – AQUIB AHMAD HUSSAIN & SATYA VRAT PANDEY, STUDENTS AT INTEGRAL UNIVERSITY LUCKNOW

BEST CITATION – AQUIB AHMAD HUSSAIN & SATYA VRAT PANDEY, DOWRY DEATH AND INDIAN PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1377-1380, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The expectation of wealth that a bride must bring for her husband and his family is associated with violence, abuse, and oppression of women in India. The victims of dower-related harassment experience severe trauma and mental health problems. The current study looks into the mental health problems that survivors of dowry harassment face. A multilevel mixed-method study was used for this. According to the report, victims of dowry harassment have serious mental health issues. One of the worst or most horrific issues is dower death. The country’s statistics on dowry-related deaths have increased despite the enactment and incorporation of laws and acts into the legal system, as well as campaigns and awareness programs initiated by government and non-government organizations to combat dowry deaths and the Indian dowry system. There are still some grey areas where the nation lacks growth, one of which is the prevalent Dowry System and related concerns, despite the fast growth of middle-class society and the youth population, the country’s modernization efforts, the enormous privileged economic development, the improved education system, and so forth. In an attempt to lessen the annoyance of dowry deaths, find loopholes, and enhance society overall, this article has looked at and evaluated the legal provisions that the Indian legal system has adopted. It has also highlighted existing remedies and discussed ways to strengthen them.A holistic strategy that includes social interventions, legal reforms, and cultural change is required to effectively address dowry death. To create a society where people, regardless of gender, may live without the fear of dowry-related damage, it is imperative to strengthen legislative frameworks, improve enforcement mechanisms, and address the underlying causes of dowry violence.

Keywords: Dowry, Dowry Death, Offence, Remedies, Harassment, Cruelty