Category: Volume 4 and Issue 3 of 2024

DISCRIMINATION AGAINST MEN IN INDIA AND US COMPARISON BETWEEN INDIAN LAWS AND US LAWS

AUTHORS – RANGAI MOTALE & VEDANGI KULKARNI, STUDENTS AT NARSEE MONJE INSTITUTE OF MANAGEMENT STUDIES, SCHOOL OF LAW

BEST CITATION – RANGAI MOTALE & VEDANGI KULKARNI, DISCRIMINATION AGAINST MEN IN INDIA AND US COMPARISON BETWEEN INDIAN LAWS AND US LAWS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 722-730, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This abstract explores the frequently disregarded problem of gender discrimination against males in India and the US, focusing on its reflections in employment opportunities, education, legal systems, violence including domestic abuse and sexual assault, LGBTQ+ rights as well as health. Instead of concentrating mostly on women’s gender inequality, this examination brings out specific problems experienced by men in both countries Men suffer widespread discrimination across various sectors in India. Having a large fraction of the labor force they contend with job insecurity, low wages and fewer career prospects than their female counterparts do in some areas. There are educational inequalities such that men from marginalized communities face barriers to entry and graduation. The justice system is advancing but still contains biases that disfavor men under certain circumstances. Men too are victims of violence such domestic violence and sexual harassment although these are often unreported and stigmatized. In relation to this issue, LGBTQ+ community also experiences high degrees of discrimination with men being constantly harassed, subjected to violent acts or shunned socially. Health disparities affect males particularly when it comes to mental issues and drugs abuse which have long been ignored. It’s a contrasting and complicated picture in the United Kingdom. Gender equality has made some strides; however, males face certain difficulties. Within the workforce, men dominate hazardous occupations and are more likely to become unemployed. There are gender disparities in education, with men trailing women in several areas. The legal system is typically fair but there could be concerns where men’s rights may be sidelined. Men experience violence including domestic abuse yet support services often target women. LGBTQ+ communities suffer discrimination and this presents challenges that are particular to males. There are health inequalities that affect men such as suicide and substance abuse. From a comparative analysis, it can be observed that despite some similarities, there exist striking differences between experiences of men in India and those of their counterparts in the US. It is true that both countries have systemic biases as well as discriminatory practices which impact on men’s lives. However, the nature, extent, and response by society to these issues significantly differ between them. India faces deeply entrenched patriarchal structures coupled with low awareness about issues affecting men while Britain grapples with how not to homogenize specific needs for men without perpetuating harmful stereotypes amongst its citizens who have embraced gender neutrality.

Keywords- Employment opportunities, Education, Legal systems, Violence, Job insecurity Low wages, Career prospects, educational inequalities, Systemic biases, Discriminatory practices, Societal response, Patriarchal structures, Awareness, Gender neutrality

COMPARISON OF SEPERATION OF POWERS IN INDIA, US AND UK

AUTHOR – V S REYTVIN, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW.

BEST CITATION – V S REYTVIN, COMPARISON OF SEPERATION OF POWERS IN INDIA, US AND UK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 718-721, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This article says the doctrine of power of separation and the importance of doctrine of separation which is mentioned in constitution of USA India and UK. Basically in USA the doctor of separation of power is not mentioned in the constitution but in India it has an separate article. The doctrine provides basic and very important principle which ultimately aims to achieve the liberty and principle of checks and balances. This article also includes limitations associated in separation of power in India UK and USA. Doctrine of separation of power aims to ratify power between legislature executive and judiciary. Doctrine of separation of power is applicable in both India and USA.Under doctrine of separation of powers the government is divided into many branches and sets a specific function for each branches.

JUDICIAL REVIEW OF ADMINISTRATIVE ACTIONS THROUGH WRITS

AUTHOR – VISHWANATHAN. D, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR.AMBEDKAR LAW UNIVERSITY.

BEST CITATION – VISHWANATHAN. D, JUDICIAL REVIEW OF ADMINISTRATIVE ACTIONS THROUGH WRITS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 706-711, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Article 32 is the heart and soul of the Indian Constitution. As such, judicial review is the heart of administrative law. It provides a fundamental safeguard from the abuse of power. The Courts declare void when it feels that the act of the bodies which were given a legal duty or power are found to be in violation of the Constitution or any other statutory provisions. Judicial review is a very effective way to control executive or administrative actions. However, the judicial review is not an appeal from a decision but a review of the manner in which the decision has been made.There are many judicial control methods to provide remedies and the WRITS are one such method to render remedy. This article deals by lightening the nature and scope of judicial review, article 32 & 226 of the Indian Constitution and dives deep into the details of Writs.

THE ROLE OF ADMINISTRATIVE LAW: GOVERNMENT SURVEILLANCE AND DATA PRIVACY

AUTHOR – D.NIROSHA, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW.

BEST CITATION – D.NIROSHA, THE ROLE OF ADMINISTRATIVE LAW: GOVERNMENT SURVEILLANCE AND DATA PRIVACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 712-717, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

This topic delves into the complex interplay between government surveillance and data privacy, focusing on the role of Administrative Law in managing these often conflicting interests. With governments increasingly relying on surveillance to ensure national security and public safety, there is growing concern about the impact on individual privacy rights. This concern is particularly acute in the digital age, where the scope and scale of data collection have expanded dramatically. The discussion explores how administrative law provides a legal framework to regulate surveillance activities, ensuring that they are conducted within legal boundaries while respecting fundamental privacy rights.

The study examines global data privacy frameworks, specifically the European Union’s General Data Protection Regulation (GDPR) and India’s Digital Personal Data Protection Act, 2023 (DPDPA), to highlight the challenges of balancing state interests with personal data protection. By comparing these frameworks, the research identifies commonalities and differences in how different jurisdictions address surveillance and privacy. Landmark cases, such as India’s Aadhaar identity system, are analyzed to illustrate the practical tensions between state surveillance powers and individual privacy rights.

The paper argues that administrative law must evolve to address these challenges effectively. It should ensure greater transparency, accountability, and proportionality in government surveillance activities. Additionally, administrative law must adapt to global privacy developments to protect individuals’ rights while enabling governments to fulfill their essential security functions. By analyzing how various legal systems handle these issues, the study aims to provide insights into the future direction of administrative law in the context of digital surveillance and data privacy.

Keywords: Government Surveillance, Data Privacy, Administrative Law

LEGISLATIVE CONTROL OVER DELEGATED LEGISLATION

AUTHOR – K SANKARA SUBRAMANIAN, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR.AMBEDKAR LAW UNIVERSITY.

BEST CITATION – K SANKARA SUBRAMANIAN, LEGISLATIVE CONTROL OVER DELEGATED LEGISLATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 701-705, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The principle of delegated legislation and its control are discussed in this article. In the modern Valsad state the government activity has enrich every field of human endeavour. Many law having an actor to regulate this ever widening activity. The delegated legislation the control of the principal and shall not diffy the enabling statue or parent act.The function of the delicated power can be amended or cancelled by principle if there is any abuse of power or misuse of power. Delegate or subordinate legislation refers the rule of law enacted by the authority of the act of parliament. The law making organ of the state has the power to make laws. This authority can be delegated to other entity or individual through a resolution. The delegated legislation must be legitimate and accountable, which calls for a strong control system.

EFFECTIVENESS OF GREEN TRIBUNALS IN ENVIRONMENTAL JUSTICE

AUTHOR – PRIYA. C, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR.AMBEDKAR LAW UNIVERSITY.

BEST CITATION – PRIYA. C, EFFECTIVENESS OF GREEN TRIBUNALS IN ENVIRONMENTAL JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 697-700, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India’s tremendous growth in population has resulted in increasing number of environmental issues and its consequences . However, these issues are mostly left unaddressed as the political and social policies of the state predominantly focus on the contemporary economic challenges. Therefore, on the account of encountering the environmental issues, the government of India has established National Green Tribunal, with its branches operating throughout the country. The Green Tribunal is a statutory body set up to handle cases regarding environmental issues and to deliver time bound decisions for such cases. Though it is efficiently working on adjudication, there are some reforms that National Green Tribunal (NGT) should consider for its progress. Through this paper, the author explores three inevitable challenges that NGT has to address in terms of political interests and management of resources. The resources of this research are primarily doctrinal and it follows a historical approach in analyzing the fundamental since its establishment.The research begins with an introduction of environmental tribunals, following which it explains the development of National Green Tribunal. Furthermore it gives a detailed overview of the challenges encountered by Green Tribunal since its inception. Finally  it concludes by recommending the most comprehensive solutions to approach these environmental challenges.

ROLE OF PHYSIOTHERAPISTS AND LEGAL CONSIDEREATIONS IN DOMESTIC VIOLENCE CASES

AUTHOR – GREESHMA D, STUDENT AT DEPARTMENT OF PHYSIOTHERAPY, SAVEETHA COLLEGE OF PHYSIOTHERAPY

BEST CITATION – GREESHMA D, ROLE OF PHYSIOTHERAPISTS AND LEGAL CONSIDEREATIONS IN DOMESTIC VIOLENCE CASES,  INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 691-696, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Domestic violence is a widespread issue affecting individuals across various demographics, leading to significant physical and emotional trauma. As frontline healthcare providers, physiotherapists often encounter patients who may be survivors of domestic violence. This underscores the importance of recognizing signs of physical abuse and understanding the legal responsibilities that accompany these cases.

Physiotherapists may have mandatory reporting requirements, particularly when they suspect abuse or violence. These legal obligations vary by jurisdiction but generally require healthcare providers to report suspected cases of domestic violence to appropriate authorities to ensure the safety of the victim. Alongside these legal responsibilities, ethical considerations play a crucial role in addressing domestic violence. Physiotherapists must navigate the delicate balance of patient confidentiality and the need to report suspected abuse, always prioritizing the well-being of the patient. Recognizing red flags and being vigilant and educated on these indicators, they can initiate conversations with patients in a supportive manner, providing them with the opportunity to disclose their experiences if they choose to do so. Ultimately, by understanding the medical, ethical, and legal implications of domestic violence, physiotherapists can contribute significantly to the protection and support of survivors, fostering an environment where individuals feel safe to seek help and receive the care they need.

“ROLE OF EXECUTIVE IN APPOINTMENT OF JUDGES – WITH SPECIAL REFERENCE TO NATIONAL JUDICIAL APPOINTMENT COMMISSION (NJAC) OF INDIA”

AUTHOR – MADHAN S, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, CHENNAI

BEST CITATION – MADHAN S, “ROLE OF EXECUTIVE IN APPOINTMENT OF JUDGES – WITH SPECIAL REFERENCE TO NATIONAL JUDICIAL APPOINTMENT COMMISSION (NJAC) OF INDIA”,  INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 678-683, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Constitution (Ninety-ninth Amendment) Act of 2014 established the National Judicial Appointments Commission (NJAC) with the goal of increasing openness and accountability in India’s judicial appointment process. However, its implementation has encountered considerable challenges that have hampered its efficacy. One of the main difficulties is the constitutional challenge that prompted the Supreme Court to overturn the NJAC in 2015, citing concerns about judicial independence and the possibility of political intervention in judge nominations. This verdict has kept the present collegium system in place, which, while criticized for its lack of openness, continues to operate in the absence of a strong alternative structure. Concerns over the perceived elitism and opacity of the judicial establishment are also raised by the lack of a clear framework for public participation and accountability in the selection process. In addition, there have been concerns raised about the NJAC’s original design, which comprised members from the executive and judicial branches, thereby weakening the separation of powers and causing judicial selections to become politicized.

This paper emphasizes the complex issues that the NJAC must deal with, highlighting the necessity for a well-rounded strategy that protects judicial independence while fostering accountability and openness. It is imperative that these shortcomings be addressed in order to promote public confidence in the court and guarantee that the selection procedure adheres to the democratic values of justice and equity in India.

Keywords – Accountability, 99^th Constitutional Amendment Act 2014, Supreme Court, Judicial Independency.

FARMS ACT 2020

AUTHOR – KAVIYA PONNURANGAM, STUDENT AT THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY.

BEST CITATION – KAVIYA PONNURANGAM, FARMS ACT 2020,  INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 688-690, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The ‘Farms Act 2020’ was enacted by the Government for modernization of Indian Agriculture sector by farmers access to market, improving trade and private investment. While the Government presented these laws as reforms that would Farmers more income and reduce market inefficiency. Critics argued that it will undermine the APMC system, leaving small farmers to exploitation by large private companies. After prolonged protests the Government repeal the laws in November 2021.

Keywords: Modernization, Private investment, market, inefficiency, Critics, APMC system, repeal.

ANALYZING THE CRITICAL ROLE OF ADMINISTRATIVE LAW IN EMERGENCY PUBLIC HEALTH MEASURES.

AUTHOR – V.M.DEEPAPRIYA, STUDENT AT THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY.

BEST CITATION – V.M.DEEPAPRIYA, ANALYZING THE CRITICAL ROLE OF ADMINISTRATIVE LAW IN EMERGENCY PUBLIC HEALTH MEASURES,  INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 684-687, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT.

The purpose of this research paper is to analyse the critical role of administrative law in emergency public health measures. During the time of the public health crises, such as pandemics like covid, malaria and etc. During those crises the government has often adopted the urgent measures and has taken action to safeguard the public and make sure about the safety of the public. The comparative analysis of both national and international legal research and legal frameworks, this research paper will show how government and the administrative law has balanced the individual citizenship rights as well as collective protection during those health crises.

KEYWORDS – Public health emergencies, Individual rights, Emergency power, Collective protection, Health crises.