Category: Volume 4 and Issue 1 of 2024

DATA MINING AND THE INDIAN COPYRIGHT LAW

AUTHOR – SIDHARTH MALHOTRA, STUDENT AT AMITY UNIVERSITY

BEST CITATION – SIDHARTH MALHOTRA, DATA MINING AND THE INDIAN COPYRIGHT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1017-1026, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper explores the legal implications of data mining in India. It dives into how data mining is used to train AI models and the copyright issues that can arise. The paper explains the relevant provisions of the Copyright Act, 1957 and how they can be infringed by data mining activities. It also explores the exceptions under Section 52 of the Act and the limitations of fair dealing in India. The paper discusses the government’s perspective on data mining and copyright and the current lack of plans to change the Copyright Act. It also details a landmark OLX case, that sheds light on web scraping and data rights in India. Overall, the paper provides a comprehensive overview of data mining and copyright law in India.

ANALYSING THE EFFECT OF NEW-AGE COMMUNICATION TECHNOLOGY ON BUSINESS ACTIVITIES

AUTHOR – SHANTANU KUMAR PODDAR & DR. POONAM GAUR, STUDENT AND ASSISTANT PROFESSOR AT AMITY SCHOOL OF COMMUNICATION, AMITY UNIVERSITY, NOIDA CAMPUS, UP

BEST CITATION – SHANTANU KUMAR PODDAR & DR. POONAM GAUR, DATA MINING AND THE INDIAN COPYRIGHT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1027-1041, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Modern technology has completely changed how companies run and communicate with their customers. Through the use of the technologies, organizations may now run more effectively, increase customer engagement, and access new markets. The internet has changed how businesses operate by allowing them to reach a worldwide audience through e-commerce. Artificial intelligence makes it possible to automate tasks, analyze data, and generate insights. But the effect of new age technology and its communication at its peak Companies using state-of-the-art technology development and meet the changing needs of customers. This research examines the effect of new-age technology communication on business activities. Businesses now confront unheard-of potential and difficulties as a result of the introduction of artificial intelligence, blockchain, the Internet of Things, and 5G networks. It looks at how these technologies are affecting corporate structures, processes, and strategy. It identifies the major success aspects, such as organizational culture, leadership, and workforce skills, and underlines the advantages and difficulties of implementing new-generation technologies in the company. This dissertation aims to explore the multifaceted impact of new-age communication technologies on businesses. The study analyses four valuable new-age technologies – the Internet of Things, Artificial Intelligence, Machine Learning, and Blockchain – and their respective applications in marketing. Particularly, the study dives deeply into each of these four technologies to better understand their major components, the markets in which they operate, and current use cases. The use of these cutting-edge technologies is likely to influence the outcomes for businesses and consumers. However, they are constantly discovering technologies that have not yet been fully explored and their full potential has yet to be realized. This study also identifies key areas that require management attention in the deployment of these cutting-edge technologies.

ENSURING FAIR TRIAL: ROLE OF PRE-TRIAL PROCEDURES IN THE INDIAN CRIMINAL JUSTICE SYSTEM UNDER CRPC

AUTHOR – PUNDARIK KUMAR, STUDENT AT CHRIST DEEMED TO BE UNIVERSITY, PUNE LAVASA CAMPUS

BEST CITATION – PUNDARIK KUMAR, ENSURING FAIR TRIAL: ROLE OF PRE-TRIAL PROCEDURES IN THE INDIAN CRIMINAL JUSTICE SYSTEM UNDER CRPC, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1011-1016, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Indian Criminal Justice System is founded on the principles of justice, fairness, and the protection of individual rights. Central to this system is the Code of Criminal Procedure (CrPC), which sets out the procedural framework for criminal trials. This research paper explores the crucial role played by pre-trial procedures outlined in the CrPC in safeguarding the rights of the accused and ensuring fair trials. Through an in-depth analysis of arrest protocols, bail mechanisms, investigative procedures, and the framing of charges, this paper examines the challenges and opportunities within the pre-trial phase. Drawing on case studies, judicial precedents, and comparative perspectives, it evaluates the effectiveness of current practices and proposes reforms to enhance fairness, efficiency, and access to justice.

KEYWORDS: Crime, Bail, Justice, CrPC, Right

NECROPHILIA AN OVERVIEW

AUTHOR – KARSHANA K S, STUDENT AT S.E.A COLLEGE OF LAW

BEST CITATION – KARSHANA K S, NECROPHILIA AN OVERVIEW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1006-1010, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

 Necrophilia refers to sexual attraction or activity involving with corpses. It’s considered morally reprehensive and illegal in many countries. She killed herself because she was a victim of sexual abuse. But even in death, her body was not spared. Her soul must be, somewhere, crying out in pain. We live in a society that turns a deaf ear to women who are abused everyday, can we then, hear the cries of the women who are dead? I have never feared death, but today my biggest fear is dying; my body after my death.” The term “necrophilia” is derived from the Greek words “philios” (attraction to/love) and “nekros” (dead body). It was coined by Joseph Guislain, a Belgian Alienist. Let us get into deeper knowledge about Necrophilia and its legal status in India.

KEYWORDS : Necrophilia, psychosexual disorder, paraphilia, law, sexually abuse and criminalization

THE INSIGNIFICANT RIGHTS: A FALLACY UPTURNED

AUTHOR –  BHASKAR MISHRA & DR.ROHIT KUMAR SHUKLA, STUDENT & ASST. PROFESSOR AT AMITY UNIVERSITY, LUCKNOW UTTAR PRADESH

BEST CITATION – BHASKAR MISHRA & DR.ROHIT KUMAR SHUKLA, THE INSIGNIFICANT RIGHTS: A FALLACY UPTURNED, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 998-1005, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Child rights¹, like human rights, come from the idea that all people have fundamental rights that they are born with, and these rights are inalienable and inviolable. They cannot be taken away because of a person’s gender, age, religion, race, ethnicity or other factors. It is recognized that special protection must be given to children to ensure full, happy, and healthy development without fear of harm or exploitation.

APPROACH OF THE INTERNATIONAL COURT IN DETERMINING THE EXISTENCE OF CUSTOMARY INTERNATIONAL LAW: COMPARISON & ANALYSIS

AUTHOR – DEVIKA RAJ, SYMBIOSIS LAW SCHOOL NAGPUR

BEST CITATION – DEVIKA RAJ, APPROACH OF THE INTERNATIONAL COURT IN DETERMINING THE EXISTENCE OF CUSTOMARY INTERNATIONAL LAW: COMPARISON & ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 994-998, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

“Customary International Law is one of the most venerable sources of law. Certain behaviors and practices amongst the state have taken the aegis of time and have been formed as an integral facet of International Law which upon a time-to-time basis seeks the express validation of the International Court of Justice. The consistent comportment of the states has formed and gained the sanctity of law. In this manuscript, We will compare and analyze the approach of the International Court in determining the existence of Customary International Law in certain cases. The customs over time become legal obligations and are not explicitly written under conventions and treaties but preached as a matter of practice. ^[1] Custom is the method to create legally binding rules ever since the commencement of the international community. The implied consent of the states is present in the scenario of Customary International Law. There is also a lack of aptness and they cannot be regarded to have ceased to exist if they transformed into treaty rules. They pose an important source of International law and are deemed to be an idiosyncratic transaction of practices between two states.” ^[2]

KEYWORDS : Equidistance, Questionability, Jurisdiction, Judgement, Customary International Law

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[1] Cornell Law School Legal Information Institute https://www.law.cornell.edu/wex/customary_international_law#:~:text=Customary%20international%20law%20results%20from,for%20visiting%20heads%20of%20state. (12-03-2024)

[2] H.O AGARWAL , INTERNATIONAL LAW & HUMAN RIGHTS, (26,27) (CENTRAL LAW PUBLICATIONS 2021)

WOMEN’S HEALTH AND REPRODUCTIVE RIGHTS

AUTHOR – MOHIT KUMAR & SATYA VRAT PANDEY, STUDENT AT INTEGRAL UNIVERSITY, LUCKNOW

BEST CITATION – MOHIT KUMAR & SATYA VRAT PANDEY, WOMEN’S HEALTH AND REPRODUCTIVE RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 988-993, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Women’s rights to sexual and reproductive health are essential to women’s overall health, according to the ICPD. The Convention on the Elimination of All Forms of Discrimination Against Women contains several articles that serve as the foundation for these rights. The textual underpinning for women’s rights to sexual and reproductive health as stated in this and other international human rights instruments is examined in this article. The rights to health care and information, life, liberty, and personal security, as well as the freedom from discrimination in the distribution of resources for health services and their accessibility, comprise the rights to reproductive and sexual health. The rights to informed consent and confidentiality with regard to health care, as well as autonomy and privacy when making sexual and reproductive decisions, are crucial. The issues that are used to illustrate the article’s points about systemic violations of the aforementioned rights come in a variety of forms, such as maternal mortality, the absence of legal abortion procedures, the underfunding of family planning, coercive population programs, coerced sterilization consent from spouses, and discrimination against pregnant women in the workplace. Reproductive health, according to the World Health Organization (WHO), is the entire condition of physical, mental, and social well-being in all aspects pertaining to the reproductive system and all of its functions and processes—rather than just the absence of illness or infirmity. The full physical, mental, spiritual, political, social, and economic well-being of women and girls, predicated on the full realization and defence of women’s human rights, is known as reproductive justice. This article presents a non-polarized, more inclusive ethical course of action that uses an optimal health approach with new alliances for the reproductive justice movement today while acknowledging the history and limitations of reproductive health and rights.

Keywords: reproductive justice, reproductive health, reproductive rights, human rights; gender discrimination; equality; autonomy.

APPLICABILITY OF CODE OF CIVIL PROCEDURE, 1908 AND INDIAN EVIDENCE ACT, 1872 IN ARBITRAL PROCEEDINGS

AUTHOR – PRAVEEN KUMAR JAIN, ADVOCATE AT SUPREME COURT OF INDIA

BEST CITATION – PRAVEEN KUMAR JAIN, APPLICABILITY OF CODE OF CIVIL PROCEDURE, 1908 AND INDIAN EVIDENCE ACT, 1872 IN ARBITRAL PROCEEDINGS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 977-987, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

One of the main advantages of having recourse to the arbitration instead of the regular court of law is said to be its being speedier in nature. However, the above purpose seems to get frustrated due to the delay caused by the applicability of the technicalities of the procedural laws such as the Code of Civil Procedure, 1908 and the Indian Evidence Act, 1872 by the arbitral tribunal or by the counsel for the parties during the arbitral proceedings. Though, it is so provided in various Acts like Indian Evidence Act, 1872, Code of Civil Procedure, 1908, the Arbitration & Conciliation Act, 1996 that the provisions of above-stated procedural laws shall not be applicable on the arbitral proceedings and has also been clearly held by the Constitutional Courts in India repeatedly that the above-stated procedural Code and the Act shall not be applicable in whole but basic principles of them have been allowed to be invoked to deliver the justice to the litigants by the arbitrators. However, none of the judgments clearly lays down which is the Laxman Rekha for the Arbitrators or as to which of the procedural provisions are applicable and which are prohibited. This paper has been written to examine the above-stated aspects in detail.

Keywords: #adr #cpc #evidence #arbitration #procedure

PROTECTION OF MINORITIES RIGHTS: ANALYSIS OF ARTICLE 29 AND ARTICLE 30 OF THE INDIAN CONSTITUTION

AUTHORS – ISHANSH AWASTHI¹ &  DR  ROHIT KUMAR SHUKLA², STUDENT & ASST. PROFESSOR AT AMITY UNIVERSITY, LUCKNOW UTTAR PRADESH

BEST CITATION – ISHANSH AWASTHI & DR ROHIT KUMAR SHUKLA, PROTECTION OF MINORITIES RIGHTS: ANALYSIS OF ARTICLE 29 AND ARTICLE 30 OF THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 974-976, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The Indian Constitution offers strong safeguards for minorities’ cultural, educational, and linguistic rights. Particularly, with regards to culture, language, script, and the creation and management of educational institutions, Articles 29 and 30 protect the rights of linguistic and religious minorities. This essay looks at the importance, application, and legal interpretation of these two crucial articles. It examines how they have fostered inclusivity and national integration while allowing minorities to maintain their own identities. It also talks about the fine line that must be drawn between minority rights and state regulatory interests. The importance of Articles 29 and 30 in preserving secularism and democratic values in India is highlighted in the paper’s conclusion.

AI AND LEGAL FRAMEWORKS

AUTHOR – ADITYA JAIN, STUDENT AT IILM UNIVERSITY GREATER NOIDA

BEST CITATION – ADITYA JAIN, AI AND LEGAL FRAMEWORKS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 962-973, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper critically examines the intersection of artificial intelligence (AI) and legal frameworks, exploring the implications of AI technologies on existing legal systems and structures. Through a comprehensive analysis of case law, legislative developments, and scholarly literature, the paper elucidates the complex legal issues arising from the deployment of AI in various domains, including but not limited to, healthcare, finance, and criminal justice. It delves into the challenges posed by AI algorithms in terms of accountability, transparency, and bias, and evaluates the adequacy of current legal frameworks in addressing these challenges. Additionally, the paper investigates the potential of AI to enhance access to justice, streamline legal processes, and augment decision-making in legal proceedings. By synthesizing empirical evidence and theoretical perspectives, this paper aims to provide insights into the evolving relationship between AI and legal systems, and to offer recommendations for the development of adaptive and equitable legal frameworks that promote the responsible deployment of AI technologies.