Category: Volume 4 and Issue 1 of 2024

PRIVACY CHALLENGES IN TELECOMMUNICATION ACT 2023: A COMPARATIVE LEGAL ANALYSIS

AUTHOR – SHASWAT JENA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, UTTAR PRADESH

BEST CITATION – SHASWAT JENA, PRIVACY CHALLENGES IN TELECOMMUNICATION ACT 2023: A COMPARATIVE LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1213-1221, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In December 2023, the anticipated Telecommunication Act 2023 was executed, prioritising the development of a strong security framework to protect essential mobile networks from cyber threats and unauthorised access. Telecommunication networks, being prime targets for cybersecurity threats, necessitate stringent data protection measures to mitigate risks effectively. This research emphasizes procedural shortcomings identified by the various judicial trends and examines instances such as Section 66A of the Information Technology Act and that its use in cyber weapons like Pegasus^[1] exceeds the authority, falling into the realm of hacking, a criminal offense and essentially an attack on the basic right of one’s privacy which is an integral part of Right to life. It is imperative to ensure that data processed within the telecommunications domain adheres strictly to prevailing data protection laws. This includes obtaining explicit authorization for any deviations from compliance and ensuring that all processing activities align with principles of legitimacy, necessity, and proportionality.

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[1] Nilesh Navalakha v. Union of India, 2021 SCC OnLine Bom 56

IPR ISSUES IN ARTIFICIAL INTELLIGENCE: A COMPARATIVE STUDY

AUTHOR – SHUBHANGI MISHRA, AMITY LAW SCHOOL, NOIDA, AMITY UNIVERSITY, UTTAR PRADESH

BEST CITATION – SHUBHANGI MISHRA, IPR ISSUES IN ARTIFICIAL INTELLIGENCE: A COMPARATIVE STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1169-1204, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

As Artificial intelligence (AI) continues to evolve, Intellectual Property law is grappling with how to protect creations and inventions derived from it. This topic has gained practical importance due to the intense AI-related business activity and regulatory measures taken by international organisations and legislators. As AI technology advances rapidly, it is crucial to explore the complicated realm of Intellectual Property Rights concerns. The rapid growth of AI business and the new promulgation of international regulations have significantly enhanced the practical importance of this topic.  It is important to investigate this and find solutions for any possible issues. For instance, we must study the variations in legal techniques used in different countries and how they affect innovation, including patents, copyrights, trademarks, and trade secrets.

Furthermore, it is essential to understand how AI can create, use, or modify intellectual property, leading to unique legal challenges. This includes issues such as ownership, liability, infringement, and fair use of AI-generated content. It is necessary to analyse the worldwide legal frameworks that govern Intellectual Property Rights (IPR) in relation to Artificial Intelligence (AI). This analysis should take into account ethical and policy implications and provide guidance for future advancements in IPR laws. The objective is to promote innovation while ensuring that ethical concerns are taken into consideration.

KEYWORDS: Artificial Intelligence, Digital Technology, Intellectual Property Rights, Copyright, Trade Secrets, Patents, Trademarks, Legal Frameworks, Comparative Study, Innovation, Global perspectives, India.

CAPACITY TO SUE AND BE SUED OF TRADE UNIONS

AUTHOR – VIKHRAM SOMNAT SESHADRI, STUDENT AT GUJARAT NATIONAL LAW UNIVERSITY

BEST CITATION – VIKHRAM SOMNAT SESHADRI, CAPACITY TO SUE AND BE SUED OF TRADE UNIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1159-1168, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

The capacity of trade unions to sue and be sued occupies a pivotal position within the intricate intersection of labour law and tort law. Trade unions, representing workers’ interests, play an indispensable role in shaping labour relations, advocating for employee rights, and promoting collective bargaining. However, this multifaceted role often raises legal questions regarding their capacity as legal entities in the context of civil litigation. The examination of this capacity revolves around the core principles of legal personality, tort liability, standing, and the delicate balance between the rights of individuals and the collective interests of workers.

MEDICAL NEGLIGENCE: A CRITICAL ANALYSIS

AUTHOR – TOOBA NOOR, STUDENT AT AMITY LAW SCHOOL, NOIDA  

BEST CITATION – TOOBA NOOR, MEDICAL NEGLIGENCE: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1152-1158, APIS – 3920 – 0001 & ISSN – 2583-2344.

UNDER THE SUPERVISION OF

DR. DEVENDRA SINGH, PROFESSOR, AMITY LAW SCHOOL, NOIDA

Abstract

This research paper deals with the worldwide issue of medical negligence. The term “medical negligence” also known as “medical malpractice” is basically defined as the non-fulfilment of the standard of care expected from a medical practitioner by their patients. This non-fulfilment of an expected standard of care may cause harm to the patient physically, emotionally, mentally or economically.

“Medical negligence” is constituted when elements of- duty of care, breach of duty, causation and damages, are present. It is basically a provide-consumer relationship. And some of the laws of “medical negligence” are also mentioned the consumer protection act. Therefore, one of the most important step that should be taken to eliminate medical negligence from the society includes establishing a good provider-patient relationship which would also include better communication between them in order to understand the needs of the patient carefully and not cause any kind of misunderstanding, communication from the side of the patient should also be clear as it is necessary that the patient disclose any kind of information that is required for their medical treatment.. Another step includes correct diagnosis, many times the main cause of “medical negligence” is wrong diagnosis. Being the first step of the treatment, diagnosis should be done correctly as it can change the whole process of therapy. There are few more steps and policies that I have mentioned in this research paper, we can follow to overcome this global issue. With the growing awareness among the population, “medical negligence” has become a global issue. This research paper provides various aspects of the topic “medical negligence” such as what constitutes it, what are the types of medical negligence, what are the outcomes of it and what steps can be taken to avoid such kind of phenomena.

ILLEGITIMACY AND RIGHTS IN HINDU LAW

AUTHOR – PURWA BALA, LLM STUDENT AT IILM UNIVERSITY, GREATER NOIDA, U.P, INDIA

BEST CITATION – PURWA BALA, ILLEGITIMACY AND RIGHTS IN HINDU LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1145-1151, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The status of an illegitimate child was not as unusual in Hindu law as it was in Common law, but this was altered in codified Hindu law, most likely as a result of English dominance during India’s colonial era. Specifically, the paper examines how Hindu law treats illegitimate children and examines the historical connection between marital status and validity, as well as the constitutional and societal foundations of the law. This relationship has been maintained for millennia across nations for moral and legal reasons; yet, experts in the subject have even justified it as a means of maintaining civilization by preserving its essential component—a traditional household. The court system, administration, and legislation in India are all part of the same apparatus that is obsessed with upholding the ideal household, albeit with notable exceptions. They have shown disdain for any alternative, despite the possibility that the rights of illegitimate children are incidental effects. As a result, this difference now contravenes Indian law. Crucially, the social rationale for preserving this distinction has already become out of date with the adoption of new reproductive technologies (such as assisted reproduction) or family structures (same-sex couples). Consequently, our research suggests that the differences in legislation should be eliminated to benefit the three parties involved in the illegitimacy association: the child, the unmarried parents, and the unmarried parent.

Keywords: Hindu, marital, Indian, illegitimacy.

CONSUMER PROTECTION IN INSURANCE: A CRITICAL ANALYSIS ON POLICY WORDING & DISCLOSURE

AUTHOR – HRISHIDHA BHATIA, AMITY LAW SCHOOL, NOIDA, AMITY UNIVERSITY

BEST CITATION – HRISHIDHA BHATIA, CONSUMER PROTECTION IN INSURANCE: A CRITICAL ANALYSIS ON POLICY WORDING & DISCLOSURE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1081-1144, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research critically examines the intricate relationship between consumer protection, policy wording, and disclosure within the insurance sector. Employing a doctrinal research methodology, the study delves into the legal frameworks, case law, and regulatory guidelines that govern these aspects, focusing particularly on how they influence consumer understanding and dispute resolution. The investigation highlights the paramount importance of clear policy wording and robust disclosure practices as fundamental mechanisms for protecting consumers in insurance transactions. It analyzes how ambiguities in policy documents and inadequate disclosures can lead to significant challenges for consumers, often resulting in disputes and dissatisfaction. Through a comprehensive review of legislation and judicial decisions across various jurisdictions, the study seeks to identify best practices and pinpoint areas where current regulations might be falling short. It proposes that enhanced clarity in policy wording and the enforcement of stringent disclosure requirements are crucial for reducing disputes and improving consumer trust in the insurance industry. The research explores the role of regulatory bodies in enforcing these standards and the impact of these regulations on the overall effectiveness of consumer protection measures. By synthesizing data from primary and secondary legal sources, the study provides a detailed assessment of the legal landscape as it pertains to consumer protection in insurance. The findings suggest that greater regulatory focus and improved consumer education on insurance policy terms are essential for fostering a more transparent and equitable insurance market.

A CASE STUDY ON SERI INFRASTRUCTURE FINANCE VS TUFF DRILLING ((2018) 11 SCC 470)

AUTHOR – KALYANII TIPULE, STUDENT AT MAHARASHTRA NATIONAL LAW UNIVERSITY NAGPUR

BEST CITATION – KALYANII TIPULE, A CASE STUDY ON SERI INFRASTURE FINANCE VS TUFF DRILLING ((2018) 11 SCC 470), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1075-1080, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The case study “SERI Infrastructure Finance v. Tuff Drilling: Jurisdiction of Arbitral Tribunals under Section 25(a) of the Arbitration & Conciliation Act, 1996” presents a landmark Supreme Court ruling addressing the tribunal’s authority to reconsider termination orders. The case originated from Srei Infrastructure Finance Ltd.’s legal action against Tuff Drilling Private Limited under arbitration proceedings. Despite several opportunities, Tuff Drilling failed to submit its Statement of Claim, leading to termination of proceedings under Section 25(a) of the Act. Upon the claimant’s application for recall, the tribunal rejected it, prompting a revision application before the Calcutta High Court. The High Court, recognizing the tribunal’s power to review its orders, remitted the matter for reconsideration. Dissatisfied, Tuff Drilling appealed to the Supreme Court, which examined the jurisdiction of arbitral tribunals under Section 25(a). The court analyzed relevant provisions, precedents, and legislative intent, concluding that tribunals possess the authority to recall termination orders upon sufficient cause. This ruling clarifies procedural review in arbitration, ensuring fairness and procedural integrity. It sets a precedent for future cases, emphasizing the importance of considering circumstances before terminating proceedings. Despite strengths in promoting fairness and clarity, challenges like legislative ambiguity and potential for delay warrant attention. Nonetheless, the case underscores India’s commitment to robust arbitration frameworks, promoting access to justice and reinforcing its position in international arbitration.

ANALYZING THE GENDER WAGE GAP AND STRATEGIES FOR SHUTTING WAGE GAP: A COMPREHENSIVE REVIEW

AUTHORS – ANUPRIYA¹ & DR. SUKRITI YADAV²

¹STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, LUCKNOW, U.P., INDIA

²ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY, LUCKNOW, U.P., INDIA

BEST CITATION – ANUPRIYA & DR. SUKRITI YADAV, ANALYZING THE GENDER WAGE GAP AND STRATEGIES FOR SHUTTING WAGE GAP: A COMPREHENSIVE REVIEW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1058-1074, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In actuality, the gender wage disparity persists despite changes in women’s behavior patterns. In the workforce, they have grown more tenacious and well-educated, expanded their college coursework, taken on multiple roles as breadwinners in their families, and joined labor guilds—often acting in a manner akin to that of males in areas that are coordinated.

There is a growing assortment of experimental work on gender focuses on that commonly base on the gender-wise depiction of individuals in different sectors. One such survey is the wage gap credited to gender. In this article, we have endeavoured to focus in on a bare essential investigation of the gender wage gap in the Indian setting. The audit was finished on the most recent Employment-Unemployment Survey did by NSS for the year 2012 and in respect with research by American economist Claudia Goldin^[1]. The audit relied upon the individual attributes as well as the qualities of the gig endeavoured by the workers. Ordinary least square relapse and linear quartile relapse model were used for examination. In our survey we have composed several fascinating determinants of wage difference subordinate generally upon the individual attributes. For women, individual brand name like age was extraordinarily critical determinant of wage however assuming there ought to be an event of men more industry express determinants were significant.Keywords: Gender Wage Gap, Women, Informal Sector, Equal Pay for Equal Value, Employer, Employee, Discrimination.

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[1] Scarcely any months prior, American economist Claudia Goldin was granted the Nobel Prize in Economic Sciences by the Royal Swedish Academy of Sciences. Goldin spread out through her investigation that women are “unfathomably underrepresented in the worldwide labor market and, when they work, they procure not as much as men.

PROTECTION OF CHILD LABOUR IN INDIA

AUTHOR – SUDHANSHU RAJ¹ & MRS.ADYA PANDEY², STUDENT¹ AND ASSISTANT PROFESSOR² AT AMITY UNIVERSITY LUCKNOW UTTAR PRADESH

BEST CITATION – SUDHANSHU RAJ & MRS.ADYA PANDEY, PROTECTION OF CHILD LABOUR IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1049-1057, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In the current situation, where international community does only grow, the unsolved problem of the childhood slavery is that you see kids working in industry. this essay argues that child labour problem is widely affected by social and economic factors. This piece of writing looks at an overall approach to the root causes shifting from addiction and poverty to illiteracy, lack of education, social and economic upturns and insufficient family income as the basic ones. Children cannot survive the financial hardships, they experience emotional issues being overly stressed, and they are at risk of getting wounded through working. At last, I believe the only reason why child labour was eradicated in our country, India (where governments has laws, governmental as well as non-governmental organizations have activities and communities had campaigns for the protection of child rights and to fight against child labour) was the role they all played. The more recent instances of weak supervisory authorities which have been unable to stop children from working disclose this aspect. The main purposes of any law pertaining to enabling children to work or involving any other forms of commitments by children to any form of employment or work have been to provide the working hours, minimum age of employment, complete physical wellness and general safety to the children. It is the much-awaited Child Labour (Prohibition and Regulation) Act of 1986 which is by far the most important of the legislations that we have on child labour, the first one being the Child labour (Pledging of Labour) Act of 1933 and the second one being Employment of Child Act of 1986.

WIELDING THE BLUE PENCIL: A PANACEA OR BANE FOR THE NON-COMPETE COVENANTS

AUTHOR – SHUBHAM SHARMA, DOCTORAL RESEARCHER, FACULTY OF LAW, UNIVERSITY OF DELHI

BEST CITATION – SHUBHAM SHARMA, WIELDING THE BLUE PENCIL: A PANACEA OR BANE FOR THE NON-COMPETE COVENANTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1042-1048, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Severability is generally an idea in retrospect, a filtering through a plethora of contractual rubble to rescue whatever endures a decision that a piece of a law or an agreement is illegal or in contractual terms, unfair. However, severability presents a pressing question time and again and that is: If part of an agreement is illegal or unfair, does the rest of the agreement holds good? The question is likewise universal and could emerge whenever part of an agreement is disputed or a specific utilization of a rule is held unlawful. Besides, the appropriate response can have significant results. It could be safely concluded that are severable parts of the agreement carry the risk of leaving the rest of an agreement in such a shape that the resultant agreement would be something that a party would have never sanctioned alone. On the other hand, a holding of non-severability can mean, for instance, that a whole covenant falls. In the landmark case of a solitary unlawful arrangement.As per Black’s Law Dictionary the Doctrine of Blue Pencil is a legal standard for choosing whether to discredit the entire agreement or just the culpable words. Under this standard, just the culpable words are refuted on the instance that it is conceivable to erase them essentially by running a blue pencil through them rather than changing, including or revising words. The Blue Pencil rule permits the courts just to strike down the culpable arrangements and authorize the remainder of the accord. Hence, it becomes imperative to study and analyse the balance to be created between the employer’s right to keep his trade and business intact as well an employee’s right to earn livelihood. This balance could be established by using the Doctrine of Blue Pencil, however, the same comes up with a few roadblocks of its own, which would be discussed further.