Category: Volume 4 and Issue 1 of 2024

ORGANIZED CRIME, THREAT TO NATIONAL SECURITY AND PREVENTIVE ACTION

AUTHOR – ADITYA JAIN, STUDENT AT IILM UNIVERSITY GREATER NOIDA

BEST CITATION – ADITYA JAIN, ORGANIZED CRIME, THREAT TO NATIONAL SECURITY AND PREVENTIVE ACTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 950-961, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper delves into the multifaceted nexus between organized crime and national security, analyzing the profound implications of organized criminal activities on the stability and integrity of nations. Drawing upon a wide array of scholarly literature, governmental reports, and case studies, the paper examines the evolving nature of organized crime networks, their global reach, and their ability to exploit vulnerabilities within societies. It highlights the detrimental effects of organized crime on economic prosperity, public safety, and democratic governance, emphasizing the imperative for proactive measures to counteract this pervasive threat. Furthermore, the paper evaluates various preventive strategies and policy interventions employed by governments and international organizations, ranging from legislative reforms and law enforcement initiatives to international cooperation and capacity-building efforts. By synthesizing empirical evidence and theoretical insights, this paper aims to provide a comprehensive understanding of organized crime as a national security concern and to offer actionable recommendations for mitigating its adverse impact on society.

DEFAMATION LAWS IN INDIA

AUTHOR – ASHCHRYA RAJ SINGH & SATYA VRAT PANDEY, STUDENT AT INTEGRAL UNIVERSITY, LUCKNOW

BEST CITATION – ASHCHRYA RAJ SINGH & SATYA VRAT PANDEY, DEFAMATION LAWS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 944-949, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Defamation laws in India are designed to shield people and organizations from malicious and false remarks that damage their reputations. These laws are mainly governed by the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC). Libel, which involves written or published assertions, and slander, which involves spoken words or gestures, are the two types of defamation. According to Section 499 of the Indian Penal Code, defamation is defined as any false statement made about an individual with the intent, knowledge, or reasonable belief that it will damage that person’s reputation. Signs, visual representations, spoken or written words, or both, can be used for imputation. In India, however, the truth is a defence against accusations of defamation, which means that if a statement can be shown to be accurate, it might not be regarded as defamatory. Defamation is punishable under Section 500 of the Indian Penal Code by up to two years in jail, a fine, or both. In addition, the law provides civil remedies for defamation, enabling people to pursue damages for reputational loss. Notably, the Indian judiciary has acknowledged the value of free speech and expression while striking a balance with the necessity of maintaining one’s reputation. Consequently, there exist specific exemptions from defamation rules, including remarks made in good faith in the public interest, reasonable remarks on topics of public concern, and remarks made by public officials while doing their official duties. Furthermore, with the rise of social media platforms in India, online defamation has become a major worry. Online defamation is a problem that is addressed by the Information Technology Act, of 2000 and its revisions, which give authorities the authority to take legal action against anyone who distributes defamatory content online. In conclusion, India’s defamation laws aim to reconcile the preservation of free expression with the protection of one’s reputation. The IPC makes defamation a crime, although there are exceptions to protect free speech and the public good, as well as truth as a defence. Legislators and law enforcement organizations continue to prioritise tackling the issues raised by online defamation as the digital landscape changes.

Keyword : Defamation, Reputation, Social Media, Character, Offences

CORPORATE RESPONSIBILITY IN ENVIRONMENT PROTECTION: LEGAL FRAMEWORK AND GAPS

AUTHOR – MS. DIWANSHI ROHATGI, ASSISTANT PROFESSORS AT AMITY UNIVERSITY, JHARKHAND, RANCHI

BEST CITATION – MS. DIWANSHI ROHATGI, CORPORATE RESPONSIBILITY IN ENVIRONMENT PROTECTION: LEGAL FRAMEWORK AND GAPS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 936-943, APIS – 3920 – 0001 & ISSN – 2583-2344.

Corporate Responsibility towards Environment or Corporate Environment Responsibility (CER) embodies a paradigm shift in corporate ethos, emphasizing the accountability of organizations beyond mere financial success. It encapsulates the commitment of businesses to minimize their ecological footprint, conserve resources, and proactively address environmental challenges. Moreover, corporate environment responsibility encompasses strategies that integrate environmental sustainability into core business models, fostering innovation and competitiveness while mitigating adverse impacts on ecosystems. CER is not just about altruism; it is increasingly tied to corporate reputation, customer preferences, and investor interests. Stakeholders, including consumers, investors, and regulatory bodies, are placing greater emphasis on company’s environmental practices. Businesses that prioritize CER often experience enhanced brand image, improved competitiveness, and stronger relationships with stakeholders.The paper begins by providing an overview of the legal framework on CER obligations. It explores how international agreements, such as the Paris agreement and Sustainable Development Goals, influence national legislation, creating a domino effect that shapes corporate responsibilities towards environmental conservation. However, within this framework, a notable gap lies that impede the efficacy of corporate environment responsibility. These gaps manifest in ambiguities surrounding enforcement mechanisms, inconsistencies in compliance requirements across jurisdictions, and insufficient penalties for non-compliance. Moreover, emerging environmental challenges often outpace the evolution of regulatory measures, leaving a void that corporations may exploit. The paper highlights the loopholes or shortcomings in existing environmental regulations concerning corporate responsibility, influence of stakeholders in driving corporate environment responsibility, enforcement action against corporations failing to adhere to environmental standards and, proposed reforms in legal frameworks to enhance corporate accountability in environmental protection in India.

Keywords: Corporate Environment Responsibility (CER), Legal Framework, Loopholes, enforcement action, proposed reforms.

 RESEARCH ON “ACCESSIBILITY AND EQUITY IN ADR”

AUTHOR – PARIDHI GOEL, STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – PARIDHI GOEL, A RESEARCH ON “ACCESSIBILITY AND EQUITY IN ADR”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 905-935, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Alternative Dispute Resolution (ADR) has emerged as a vital mechanism for resolving conflicts outside the traditional courtroom setting, offering parties flexibility, efficiency, and confidentiality. However, concerns persist regarding the accessibility and equity of ADR processes, particularly for marginalized and underrepresented groups. This abstract explores the intersection of accessibility and equity within the realm of ADR, delving into the challenges, best practices, and potential avenues for improvement. Accessibility in ADR refers to the extent to which individuals can effectively engage with and benefit from dispute resolution processes. One significant barrier to accessibility is the lack of awareness and information about ADR options, especially among disadvantaged communities. Limited access to legal resources and language barriers further exacerbate this issue, preventing individuals from fully understanding their rights and available avenues for resolution. Moreover, financial constraints can hinder access to ADR, as many services require upfront fees or payment for professional mediators or arbitrators.

Equity, on the other hand, pertains to fairness and impartiality in the ADR process, ensuring that all parties have equal opportunities to present their cases and have their voices heard. However, systemic biases and power imbalances often plague ADR proceedings, disproportionately impacting marginalized groups. For instance, cultural biases and stereotypes may influence mediator or arbitrator decision-making, while unequal bargaining power can result in coercive settlements that favor the more privileged party. Furthermore, the lack of diversity among ADR practitioners can perpetuate these disparities, as individuals from underrepresented backgrounds may not feel adequately represented or understood.  the dual challenges of accessibility and equity in ADR requires a multifaceted approach that encompasses both systemic reforms and targeted interventions. One crucial step involves increasing awareness and education about ADR options, particularly within marginalized communities. Legal aid organizations and community outreach programs can play a pivotal role in providing information and resources to underserved populations, empowering them to make informed decisions about dispute resolution.

Furthermore, efforts to enhance linguistic and cultural accessibility are paramount in ensuring equitable participation in ADR. This may involve providing language interpretation services, culturally competent mediators, and alternative communication methods to accommodate diverse needs. Additionally, fee waivers or sliding scale payment options can help mitigate financial barriers, ensuring that ADR remains accessible to individuals regardless of their economic status. Promoting equity in ADR requires fostering a more inclusive and representative practitioner pool. Diversifying the ADR workforce through targeted recruitment and training initiatives can help mitigate biases and better reflect the communities they serve. Moreover, implementing robust standards of conduct and ethical guidelines can promote fairness and impartiality in ADR proceedings, reducing the influence of implicit biases and power differentials. Technology also holds promise in enhancing accessibility and equity in ADR. Online dispute resolution platforms can overcome geographic barriers and provide convenient access to resolution services, particularly for individuals in remote or underserved areas. However, it is essential to ensure that these platforms are designed with accessibility features and adhere to privacy and security standards to safeguard the rights of participants.

ASSESSING ABSOLUTE LIABILITY VERSUS STRICT LIABILITY IN MARINE OIL POLLUTION CASES: LEGAL IMPLICATIONS AND ENVIRONMENTAL IMPACT

AUTHOR – SUSHRUTH PANJAGALL & L SAI KRISHNA, STUDENTS OF CHRIST DEEMED TO BE UNIVERSITY, PUNE LAVASA CAMPUS

BEST CITATION – SUSHRUTH PANJAGALL & L SAI KRISHNA, ASSESSING ABSOLUTE LIABILITY VERSUS STRICT LIABILITY IN MARINE OIL POLLUTION CASES: LEGAL IMPLICATIONS AND ENVIRONMENTAL IMPACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 898-904, APIS – 3920 – 0001 & ISSN – 2583-2344.

The maritime environment is vital to the maintenance of both economic activity and world biodiversity, yet it is becoming more and more endangered due to oil pollution from oil spills and leaks. Legal frameworks governing liability and compensation for oil spills have gained relevance as environmental accidents involving pollution continue to pose serious hazards to marine ecosystems. The purpose of this essay is to investigate the ideas of strict liability and absolute culpability, looking at their relevance and ramifications in situations of marine oil contamination. In terms of environmental law, “absolute liability” refers to the legal doctrine that holds parties accountable for damages regardless of negligence or malice. When actions seriously endanger the environment or public safety, this theory is frequently applied.

This study attempts to assess the efficacy of strict liability and absolute liability in managing pollution caused by oil escape or discharge in the maritime environment by examining precedent-setting cases and current legal standards. It will take into account how each framework affects compensation for impacted populations and ecosystems, impacts environmental legislation, and influences the actions of oil companies.

The results will provide information on the benefits and drawbacks of each legal strategy, indicating which liability regime could be better suitable for enforcing strict liability rules and guaranteeing strong environmental protection for the maritime sector. The paper’s ultimate goal is to further the current discussion on efficient legal frameworks for controlling environmental risks in the context of maritime oil contamination.

Keywords: Absolute, Marine, Liability, Pollution, Strict.

DISSERTATION – ARTICLE – PUBLICATION

A CRITICAL ANALYSIS OF ANTI-CONVERSION LAWS IN INDIA AND THEIR INTERPLAY WITH THE CONTEMPORARY HUMAN RIGHTS REGIME

AUTHOR – SUSAI ROSHAN A, LLM STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY UTTAR PRADESH

UNDER THE SUPERVISION OF

DR. SETU GUPTA, ASSISTANT PROFESSOR II, AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – SUSAI ROSHAN A, A CRITICAL ANALYSIS OF ANTI-CONVERSION LAWS IN INDIA AND THEIR INTERPLAY WITH THE CONTEMPORARY HUMAN RIGHTS REGIME, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 849-897, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

People all over the world has their own opinion and conscientious believes. The history of religion is the oldest history in this entire world, even in tribes who have not yet developed have their own way of worship and their own God. There are lot of religions in this planet, it is diversified which seems to be staggering. When people think commonly about origin of religion, people think the name of some central figures of their religion and the credit goes to them. Some of those central figures were Kings, Reformers and Moralistic Philosophers. And every religion in the world when it is observed keenly, the way of worship and understandings defers time to time, so, different era had different directions of worship within the same religion.

Within the same religion people classified into many sects and people have different ideas and understandings about their own religion. During 19^th century because of all those scientific innovations people and different disciplines of research, many people began to believe that there is no existence of God.

In almost every religion, the priest would profess or teach the knowledge of faith to the devotees as well as to other people who might be having different faith. The thousands of years old Tamil literatures, for example epic literature like ‘Mani Megalai’ depicts religious conversion of the main character. Another example is epic literature named ‘Soolamani’ which was written about 2,500 years ago by Tholamozhi Dhevar, which was written to teach about a particular new religious faith named ‘samanam’ to every people whoever followed (1) ‘Saivam’ (Lord Siva Worshipers) and (2) ‘Vainavam’ (Lord Vishnu Worshipers) religions these two combines a major part of Hinduism, and other parts of Hinduism was classified by Adhi Shankarar during 8^th Century C.E. that includes (3) ‘Koumaram’ (Worshipers of Lord Murugan), (4) ‘Ganapathiyam’ (Worshipers of Lord Ganapathy, (5) ‘Souram’ (Sooriya Namashkaram) (Worshipers of Sun) and (6) ‘Saktham’ (Worshipers of Shakti deity).

When these religions were already in existence ‘Soolamani’ an epic literature was written before 2,500 circa years ago to teach another new religious faith, shows propagation of religion existed in olden Bharath. During modern 1^st century C.E. it became an essential religious practice of disciples of Jesus Christ to teach the principles taught by him, during that time there was no religion named Christianity existed. And later many religions or religious sects started to convert people to their religion forcefully, which makes no sense at all. This forceful conversion infringes human rights of people. Since, this forceful conversion problem is in our Modern India which is a democratic nation, this has to be curtailed, hence we require good ‘Freedom of Religion Laws’ which does not violate any rights of any sect and also to protect the right of all against forceful conversion.  

This present research would bring up those laws to prevent forceful conversions and would analyse whether it protects the fundamental and human rights of all citizens with equal preference.

Keywords: Religion, Proselytization, Anti-Conversion Laws, Freedom of Religion.

SEXTORTION CYBER HYBRID CRIME- NEED TO REFORM CYBER LAWS IN INDIA

AUTHOR – SHANU RAJPUT, STUDENT AT NATIONAL LAW INSTITUTE UNIVERSITY,BHOPAL

BEST CITATION – SHANU RAJPUT, SEXTORTION CYBER HYBRID CRIME- NEED TO REFORM CYBER LAWS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 837-848, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Sextortion is one of the increasingly prevalent internet crimes, but still it is not well-defined or understood due to absence of any direct laws and legislation on it. As new technology is making and makes it more challenging for the regulators to regulate it. this project deals with the meaning of the term sextortion as a crime and proposes urgent requirement of implementing laws to regulating sextortion as a crime in India and the need for public awareness of this disturbingly prevalent cyber-sex crime to reduce the crime.

MEDICAL NEGLIGENCE IN INDIA

AUTHOR – MAHAK RAIKWAR, SCHOOL OF LAW & PUBLIC POLICY, AVANTIKA UNIVERSITY, UJJAIN

BEST CITATION – MAHAK RAIKWAR, MEDICAL NEGLIGENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 828-836, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Medical Negligence is a rising issue in India, creating serious risks to patient safety and healthcare quality. Despite being one of the best professions, the medical field is not liable for negligence, often resulting in severe consequences such as a patient’s death or disability. This paper goes through the interpretation of negligence in the medical profession by the Supreme Court of India, aiming to comprehensively analyze its legal, social, and economic dimensions. Through a thorough review of literature, case studies, and legal documents, the study explores the challenges in identifying, proving, and addressing instances of medical negligence. Methodologies include examining relevant laws, analyzing case studies, and reviewing scholarly articles. Key findings underscore the issue’s complexity, including barriers to justice for affected patients, implications for healthcare provider accountability, and the necessity for legal and healthcare reforms. Medical Negligence not only impacts individual cases but also breaks public trust in the healthcare system and imposes economic burdens.

KEYWORDS – Medical Negligence, Negligence, Tort Law, Res Ipsa Loquitur

FINTECH LAWS IN INDIA UNDERSTANDING THE REGULATORY REGIME

AUTHOR – SURBHI, STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY , NOIDA, UTTAR PRADESH

BEST CITATION – SURBHI, FINTECH LAWS IN INDIA UNDERSTANDING THE REGULATORY REGIME, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 818-827, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Fintech has revolutionized financial services globally, with an estimated transaction value of $24 trillion in FY21-22. India has emerged as a leading fintech hub, home to over 7,000 start-ups and enjoying an 87% fintech adoption rate in 2021, higher than the global average. The market is projected to reach a $1 trillion valuation by 2030, on the back of key sectors like digital payments, lending, wealth management and insurance technology. However, regulation remains fragmented across agencies like the RBI, IRDAI, SEBI, MCA and MEITY, posing hurdles for start-ups navigating compliance. This complex regulatory landscape, coupled with the lack of overarching fintech legislation, creates effectiveness challenges in balancing innovation aspirations with consumer protection priorities. This paper analyzes India’s fintech regulations across domains, regulators and instruments. It assesses regulatory approaches towards key subsets like digital payments and lending models. The analysis also highlights pressure points illustrated by case studies like the Paytm controversy. Ultimately, the paper offers recommendations on optimizing policies – promoting fintech advancement whilst safeguarding user interests via prudent regulation calibrated to unique models and mindful of risks.

ANALYSIS OF HONOUR KILLING AND KHAP PANCHAYAT IN INDIA (SHAKTI VAHINI VS. UNION OF INDIA, 2018)

AUTHORS – SHWETA TYAGI & RITIKA VERMA, STUDENTS AT AMITY LAW SCHOOL, AMITY UNIVERSITY

BEST CITATION – SHWETA TYAGI & RITIKA VERMA, ANALYSIS OF HONOUR KILLING AND KHAP PANCHAYAT IN INDIA (SHAKTI VAHINI VS. UNION OF INDIA, 2018), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 807-817, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

A cherished asset of every human being is Honour. No one is given the free pass to end a valuable human life in the name of culture or tradition. It cannot be lost for either the communal or private interests. Killing someone is always wrong, criminal, and a serious violation of human rights. To take someone’s life without cause or justification is wrong. Also, it is illegal and against the constitution. Every citizen is entitled to life and dignity under the constitution. Honour is sustained in life. The Indian Constitution guarantees this right as a fundamental one. Every person has the right to protection from any threat to their life. Everyone has the freedom of choice. This promise also includes the right to an opinion. So, the right to marry and the freedom to select one’s spouse both fall under the umbrella of the right to life. The right to live in dignity in society cannot be violated by societal or cultural influences. Yet, it is illegal to kill someone for the sake of family Honour, and the law has mechanisms to deal with these inappropriate behaviors. Killing someone is equivalent to murder and will never compensate or restore the alleged lost Honour. In the current study, an effort is made to analyze the idea of Honour and Honour Killing in India within the fundamental legal framework. To explore judicial interpretation of the law, some seminal Supreme Court decisions are also explored. Honour Killing is essentially a family member killing another family member. It is the dishonest behavior of the family members that prioritize the purity of their clan over the lives of an individual. It is done to remove the disgrace and dishonor that a family member has brought on. Any family member who tries to fall in love with someone who doesn’t fit their social level is killed by a member of the family.