Category: Volume 4 and Issue 2 of 2024

UNIFORM CIVIL CODE: NEEDS AND LIMITATIONS IN A MULTI-RELIGIOUS SOCIETY

AUTHOR – HARSHVARDHAN SINGH KHICHI, STUDENT AT NMIMS UNIVERSITY

BEST CITATION – HARSHVARDHAN SINGH KHICHI, UNIFORM CIVIL CODE: NEEDS AND LIMITATIONS IN A MULTI-RELIGIOUS SOCIETY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1507-1511, APIS – 3920 – 0001 & ISSN – 2583-2344

INTRODUCTION

India claims to be a secular country. The Uniform Civil Code (hereinafter “the Code”) has been embedded in Article 44 of the Indian Constitution, 1950 as a non-justiciable Directive Principle of State Policy. Even though almost 70 years have passed such a law is yet to be implemented in the country. Postcolonial India’s Uniform Civil Code’s idea seemed to follow the West incorporating a new revitalizing civilizing mission, a loud and clear call for unified nation-building and the attainment of legal modernity through top-down state-driven secularizing reforms.^[1] This was of course met with excitement and a positive appraisal from the Eurocentric and Europhilic modernists from around the globe. But from less than half a century later and to date there has been the birth of many state laws but no Uniform Civil Code. The present write-up concentrates on the crucial changes that have taken place in the religious legal system concerning the Code. It shall also discuss the needs and limitations of the Code in the religious Cext.

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^[1]  Werner Menski, The Uniform Civil Code Debate in Indian Law: New Developments and Changing Agenda, 9 GERMAN L.J. 211 (2008).

PHARMACEUTICAL PATENTING IN INDIA: AN ASSESSMENT IN REFERENCE TO PUBLIC ACCESS TO HEALTH

AUTHORS – MR. VAIBHAV VOHRA* & PROF. (DR.) HARSHITA SINGH**, STUDENT* AND ASSISTANT PROFESSOR** AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – MR. VAIBHAV VOHRA & PROF. (DR.) HARSHITA SINGH, PHARMACEUTICAL PATENTING IN INDIA: AN ASSESSMENT IN REFERENCE TO PUBLIC ACCESS TO HEALTH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1496-1506, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Public health, innovation, and access to necessary medications are all significantly impacted by the complex environment that arises when intellectual property rights (IPR) and healthcare, particularly in the medical field. With a focus on the pharmaceutical industry and the obstacles it presents to equitable healthcare access, this paper explores the complex dynamics of intellectual property rights (IPR) in the healthcare sector. This research assesses how intellectual property rights (IPRs) protect healthcare innovation, costs, and the development of new medications and medical technologies by consulting a wide range of published works. It looks at how intellectual property rights, human rights, and the right to health are intertwined and highlights how crucial it is to strike a balance between incentives for innovation and public health requirements. Research also looks at how international agreements like the TRIPS Agreement influence intellectual property rights frameworks and how that affects people’s ability to obtain medications, especially in low- and middle-income nations. Furthermore, the study addresses a range of tactics and programs, such as technology transfer mechanisms, voluntary licensing agreements, and the contribution of entrepreneurial innovation, that attempt to mitigate the obstacles that intellectual property rights (IPR) present to the availability of essential medications. Ultimately, the research highlights the pressing requirement for a comprehensive strategy that gives public health issues top priority, encourages innovation, and guarantees everyone has fair access to healthcare.

KEYWORDS – Pharmaceuticals, Patent protection, Medication, Exclusive rights, Intellectual Property Rights

THE INTERPRETATION AND IMPLEMENTATION OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO) ACT, 2012

AUTHOR – MISHA SINHA, STUDENT AT AMITY UNIVERSITY

BEST CITATION – MISHA SINHA, THE INTERPRETATION AND IMPLEMENTATION OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO) ACT, 2012, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1491-1495, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Children are the nation’s greatest human resource, and their well-being health, education, safety, happiness, and access to opportunities is a barometer of the socio-economic progress of the nation. The article begins with outlining the POCSO Act and its goals, which was introduced in 2012 in response to an increase in crimes against children. The protection of children from sexual offences (POCSO) legislation was passed by the Union Cabinet on April 21, 2018, in response to a spate of horrible child rapes. This law stipulates that anyone found guilty of raping a minor who is 12 years old or younger will be executed. Without a doubt, POCSO 2012 has significantly helped to address the child sexual abuse issue in India. It has recognized and made illegal several inappropriate sexual activities that endanger children. The law has significantly contributed to educating the public, sensitizing the criminal judicial system, and making the reporting of CSA (child sexual abuse) acceptable and mandatory, as seen by the fast-rising number of reported cases. The law is highly detailed and contains some unusual aspects. However, three key concerns that were noted in the letter and spirit of the law could make its implementation in the Indian setting problematic. The problems are rigidity in the age of consent for sex with those under the age of eighteen, mandatory reporting requirements, and the impreciseness of age determination. Additionally, POCSO 2012 and the Prohibition of Child Weddings Act 2006, which expresses the government of India’s desire to outlaw child weddings and protect vulnerable children, should deter underage marriages. However, given the issues mentioned above and, in a setting, where social and cultural norms continue to tolerate, if not actively promote, child marriages the possibility of resource waste and loss cannot be discounted.

NEED OF PATERNITY BENEFIT LAW IN INDIA – ANALYTICAL STUDY

AUTHOR – AZIMATHUL MARSHIYA. M, LLM – LABOUR LAW AND ADMINISTRATIVE LAW, CHENNAI DR. AMBEDKAR GOVERNMENT LAW COLLEGE, PATTARAIPERUMBUDHUR

ISBN NO – 978-81-968842-5-3

Verify Here – https://isbn.gov.in/Home/SearchIsbnNew

UNDER THE GUIDANCE AND SUPERVISION OF

PROF. DR. N. KAYALVIZHI.M.A., M.L., PH.D.

PRINCIPAL, CHENNAI DR. AMBEDKAR GOVERNMENT LAW COLLEGE, PATTARAIPERUMBUDHUR

INTRODUCTION

1.1.               THE PERSPECTIVE:

“One who gives birth, one who initiates, one who imparts knowledge, one who provides food and protects from fear – these five are considered as fathers”

– Neeti Sastra[1]

Most people’s biggest investments in life are their occupations and their families. Both of these realms, earning and caring, are characterized by their specific requirements and agendas. Each realm has a specific set of obligations, requirements, tasks, commitments, and positions that might compete for limited time and energy. Work-family relationships are bidirectional. In other words, both family and job can effect in each other, resulting in work- family conflict. Conflicting job and family duties can negatively impact both a man’s family and career. Work-family divergent can lead to marital issues, diminished life satisfaction, increased stress, anxiety, depression and perceived lower quality of life. The birth or adoption of a child is an important adjustment for parents between their work and family life. When a child born, he or she needs extraordinary attention, care, nurturing and bonding from the parents. “Parents”[2], are the combination of both father and mother who raise their child or children.

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[1] Neeti Sastra, Chapter 1, Verse 13.

[2] Parent, Cambridge Dictionary, https://dictionary.cambridge.org/dictionary/english/parent (last accessed Apr.2, 2024)

EXAMINING THE IMPACT OF MULTI-NATIONAL CORPORATIONS ON INTERNATIONAL LAW

AUTHORS – VANSH CHADHA & CHERRY SINGHAL, STUDENTS AT HIMACHAL PRADESH NATIONAL LAW UNIVERSITY

BEST CITATION – VANSH CHADHA & CHERRY SINGHAL, EXAMINING THE IMPACT OF MULTI-NATIONAL CORPORATIONS ON INTERNATIONAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1423-1431, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The subject of Multi-National Corporations (MNCs) within the framework of international law has become increasingly significant in today’s globalised world. Multinational corporations are major global economic players, with their economic influence extending worldwide. This economic power can grant them significant leverage over the governments of the countries in which they operate, as the income generated by these corporations often plays a crucial role in those countries’ economies. Additionally, the actions of multinational corporations can impact a country’s legal framework and potentially lead to violations of international law, which may be observed by multiple countries. The influence of multinational corporations can have both positive and negative effects on the host state.

In cases where multinational corporations have a negative impact that results in a breach of either national or international law, the responsible party must face penalties. The entity held accountable for its actions, with associated rights and obligations, is referred to as a legal subject. In the realm of international law, when violations occur, the entity at fault is designated as a subject of international law. These violations may arise from conflicts between legal subjects and can involve various legal subjects.

Multinational corporations are considered subjects of international law and thus also have a significant impact on international law. In such instances, multinational corporations can both violate international law and take legal action in response, which is related to other subjects of international law. This is especially prominent in the financial sector, where multinational corporations often enter into agreements, particularly those related to financial matters.

Keywords: Multi-National Corporations, International Law, Legal Personality, Human Rights.

ROLE OF TECHNOLOGY TRANSFER OF INTELLECTUAL PROPERTY IN ECONOMIC GROWTH OF A NATION

AUTHOR – RISHITA SUMIT GHOSH, STUDENT AT MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

BEST CITATION – RISHITA SUMIT GHOSH, ROLE OF TECHNOLOGY TRANSFER OF INTELLECTUAL PROPERTY IN ECONOMIC GROWTH OF A NATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1419-1422, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Intellectual property rights have given an assurance and impetus to technology creators by giving an exclusive right. However, this exclusive right of intellectual property was modernized by TRIPS agreement which made technology as a tradable commodity, simultaneously giving rise to transfer of intellectual property rights with such technological exchanges. However, with the rampant rise in technological development, it is important to study and analyse the impact of technology transfer and exchange of intellectual property rights through technology transfer agreements on the economy of a nation.

Keywords- Intellectual property, Technology transfer agreements, Licensing, uncompetitive market, negotiation skills

EDUCATION OF THE GIRL CHILD IN INDIA

AUTHOR – YASH PANDEY, STUDENT AT BHARATI VIDYAPEETH NEW LAW COLLEGE

BEST CITATION – YASH PANDEY, EDUCATION OF THE GIRL CHILD IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1405-1413, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The main purpose of this research paper is to understand the importance of girl child education in India. Girl child education is very important because education can shape a woman’s life for the better. She can make good decisions about her career, marriage and family on her own. She will recognize her rights in the society and act according to her wishes. She will be confident enough to express her thoughts in front of her family and society. An African proverb, “Teach a man and you teach a people, but teach a woman and you teach a country,” tells us about the importance of educating girls. Challenges facing girls’ education in rural India: Girls’ education in rural areas faces unique economic and social challenges. Yes, it’s a big problem. Evidence suggests that policies such as half-day meals and free pocket money are effective ways to reduce the cost of educating girls. Education plays one of the most important roles in empowering women. It also helps to prevent gender-based discrimination. Education is the first step in enabling women to choose the lifestyle they want. This generation has left behind a period when sending girls to school was not considered. Today, women are competing with men in every aspect of life. Today, people not only know the importance of good education, but also send their girls to school. It is an undeniable fact that girls’ education can lead to changes in the world community. Girls now work in many positions including writers, teachers, educators, lawyers, doctors, managers, politicians, scientists, etc.

Key words: Girl Child Education, Discrimination, socio-economic, socio-cultural, challenges, Quality of the Girl Child Education

PRIVACY OF STUDENTS IN DIGITAL AGE

AUTHOR – ANUPAM NEGI, STUDENT AT BHARATI VIDYAPEETH NEW LAW COLLEGE

BEST CITATION – ANUPAM NEGI, PRIVACY OF STUDENTS IN DIGITAL AGE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1399-1404, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In the digital age, the increasing reliance on online platforms and digital tools in education has significantly impacted students’ privacy. This paper investigates the complex landscape of data privacy concerns for students, including the types of data collected, potential risks associated with data breaches and misuse, existing regulatory frameworks, and ethical considerations in managing student data. By examining these aspects, the paper aims to provide a comprehensive overview of the challenges faced in protecting students’ privacy and offers recommendations for institutions, policymakers, and technology developers to enhance data privacy in educational settings.

EXPLORING THE LEGAL FRAMEWORK FOR SPORTS GOVERNANCE IN INDIA: CHALLENGES, OPPORTUNITIES, AND FUTURE DIRECTIONS

AUTHOR-SHRAY CHHIBBER, STUDENT AT UNIVERSITY INSTITUTE OF LEGAL STUDIES, PANJAB UNIVERSITY, CHANDIGARH ,INDIA

BEST CITATION – SHRAY CHHIBBER, EXPLORING THE LEGAL FRAMEWORK FOR SPORTS GOVERNANCE IN INDIA: CHALLENGES, OPPORTUNITIES, AND FUTURE DIRECTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1392-1398, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Sports Law in India is an emerging and dynamic field that has yet to achieve comprehensive development. While there is increasing awareness among the public about their various legal rights, there remains a significant gap in understanding the full scope and application of Sports Law. This area of law encompasses a broad spectrum of issues, including disputes related to contracts, intellectual property, media regulations, anti-doping measures, and sports safety and liability. Despite the crucial role sports play in national pride and entertainment, they are often treated with less legal rigor than other sectors.

Under the Indian Constitution, sports regulation falls within the jurisdiction of the states, as stipulated in Entry 33 of the State List of the Seventh Schedule. However, sports are played on both national and global stages, leading to a complex interplay between state and national regulatory frameworks. National sports organizations such as the Athletic Federation of India (AFI) and the Board of Control for Cricket in India (BCCI) operate with considerable autonomy. Despite their self-governing status, these bodies are subject to oversight by the judiciary, with the Supreme Court and various High Courts having the authority to review their operations under Articles 12 and 226 of the Constitution. This judicial scrutiny is essential because these organizations undertake state-like functions, such as selecting national teams and representing the country in international sporting events.

The paper examines the recommendations of the Justice R.M. Lodha and Mukul Mudgal Committees, which were tasked with addressing issues of corruption and regulatory inefficiencies in Indian sports, notably concerning the Indian Premier League (IPL). These committees advocated for the establishment of separate governing bodies for the BCCI and IPL, increased regulation of player agencies, and significant changes to governance structures to better safeguard the interests of players and ensure transparency.

Several critical issues in Sports Law are highlighted, including contract disputes, employment contracts, competition law, intellectual property rights, and doping. Contractual agreements are becoming increasingly complex, covering not only business arrangements but also athlete behavior, discipline, and financial matters. Employment contracts for athletes and coaches are central to the commercialization of sports, while competition law addresses antitrust issues affecting professional leagues. Intellectual property concerns, particularly related to broadcasting rights and brand marketing, are also significant. The problem of doping remains pervasive, with ongoing challenges related to implementation, testing procedures, and regulatory compliance. The paper concludes that there is a pressing need for comprehensive national legislation to address these issues effectively. Proposed legislative measures should include the establishment of a Sports Commission responsible for regulating and overseeing sports activities in India. This Commission would support talent development, provide guidance to the Ministry of Sports and Youth Affairs, ensure proper fund allocation, and oversee the implementation of sports policies. Additionally, the legislation should integrate sports into the educational system, involve local entities in sports infrastructure development, and shift sports associations and federations from the Societies Registration Act to the new legal framework. The Commission should also be empowered to resolve disputes and investigate financial mismanagement. Such a legislative overhaul is crucial to align Indian sports law with international standards, foster a transparent and well-regulated sports environment, and address the evolving demands of the sports industry.

A CRITICAL ANALYSIS OF FAO’S EFFECTIVENESS IN IMPLEMENTING STRATEGIES TO COMBAT DESERT LOCUST INFESTATIONS AND ALLEVIATE HUNGER

AUTHOR – SWATI.V, ASSISTANT PROFESSOR AT SCHOOL OF LEGAL STUDIES – VELS UNIVERSITY

BEST CITATION – SWATI.V, A CRITICAL ANALYSIS OF FAO’S EFFECTIVENESS IN IMPLEMENTING STRATEGIES TO COMBAT DESERT LOCUST INFESTATIONS AND ALLEVIATE HUNGER, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1377-1391, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Food and Agricultural Organization (FAO), a specialized agency of the United Nations, is dedicated to combating hunger and improving nutrition worldwide. One of its key functions is addressing the issue of locust monitoring and control. Through various committees and teams focused on pest management, the FAO provides training and support to nations vulnerable to locust infestations. This paper examines the effectiveness of FAO’s efforts in controlling locust pests, highlighting the need for increased national and international cooperation, technological advancements, and improved surveying methods. It also underscores the impact of climate change on locust outbreaks and proposes solutions to address these challenges.

Keywords:  Food and Agricultural Organization, locust infestation, technological advancements, improved surveying methods, climate change.