Category: Volume 4 and Issue 3 of 2024

INTEGRATING COMMUNITY-BASED CONSERVATION AND LAND TENURE RIGHTS FOR SUSTAINABLE BIODIVERSITY MANAGEMENT IN INDIA

AUTHOR – KUZHALI.S, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – KUZHALI.S, INTEGRATING COMMUNITY-BASED CONSERVATION AND LAND TENURE RIGHTS FOR SUSTAINABLE BIODIVERSITY MANAGEMENT IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 515-523, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

In light of India’s changing sociocultural, economic, and environmental situation, this research article examines the complex interactions between community-based conservation initiatives and tenurial rights. Securing land and property rights is essential for reducing poverty, promoting gender equality, maintaining social stability, and ensuring sustainable resource usage. The study highlights the dynamic nature of the land tenure system and how it provides a foundation for community living.

This essay looks at how India’s land tenure system has changed throughout time. It emphasises on the pre-independence Zamindari, Mahalwari, and Lyotwari systems, emphasising the role middlemen played in exploitation and the post-independence land reform programs implemented to grant greater responsibility to actual farmers. The historical context also includes prehistoric Indian land tenure systems, which show transitions from communal to private ownership. In parallel, the study looks at India’s conservation history, from the creation of game parks during colonial times to the Wildlife Protection Act of 1972 following the country’s independence. Concerns like the commoditisation of the environment and the eviction of indigenous communities are brought to light by the evaluation of fortress conservation and neoliberal approaches to conservation.

The study concludes by highlighting the possibility of combining CBC and tenurial rights to create a fair and long-lasting strategy for managing biodiversity in India. This proposed model seeks to reconcile the dual imperatives of conservation and community well-being by recognizing the continuum of ownership forms and utilizing indigenous knowledge. It also provides a way ahead for inclusive and effective environmental policy in the Indian context.

Keywords: Tenure rights, Community-based conservatism, Environment, Wildlife

SAFEGUARDING INDIA’S INTANGIBLE CULTURAL HERITAGE: ETHICAL AND LEGAL CHALLENGES IN CINEMA’S REPRESENTATION OF TRADITIONAL KNOWLEDGE AND RITUALS

AUTHORS – SAM DINAKARAN MANUEL P & MOULITHARUN.S, STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – SAM DINAKARAN MANUEL P & MOULITHARUN.S, SAFEGUARDING INDIA’S INTANGIBLE CULTURAL HERITAGE: ETHICAL AND LEGAL CHALLENGES IN CINEMA’S REPRESENTATION OF TRADITIONAL KNOWLEDGE AND RITUALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 505-514, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Important questions of permission, cultural appropriation, and the monetisation of intangible cultural assets are brought up by the way traditional knowledge and rituals are portrayed in Indian cinema. Filmmakers often depict Native American traditions without obtaining permission from the communities who own them, which creates ethical and legal quandaries. The Indian Copyright Act of 1957’s shortcomings in safeguarding collective cultural expressions are examined in this article, which emphasises how the legal system gives individual rights precedence over community ownership of traditional knowledge. The study highlights the misrepresentation and monetisation of religious activities through case studies of films such as Slumdog Millionaire and Narmada Bachao Andolan. This portrayal not only distorts the cultural value of these practices, but it also abuses these communities economically. In order to protect India’s intangible cultural legacy, the study highlights the necessity of a sui generis framework that recognises community intellectual property and guarantees that filmmakers have informed consent. It is critically necessary to implement legislative changes that recognise the collective nature of cultural assets in order to shield indigenous people from economic marginalisation and cultural exploitation. In order to address the ethical representation of traditional behaviours in Indian cinema, the paper suggests a complete framework that incorporates moral rights, social ownership, and benefit-sharing.

Keywords:  Cultural Appropriation, Community Consent, Copyright Law, Traditional Rituals, Intangible Cultural Heritage

PROMOTING ADMINISTRATIVE LAW ON GOOD GOVERNANCE IN INDIA

AUTHOR – J TEJASWINI, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – J TEJASWINI, PROMOTING ADMINISTRATIVE LAW ON GOOD GOVERNANCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 499-504, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

                   This article shows the important role of administrative law in promoting good governance in India and also analysis the experience of citizen and highlighting the strengths and weakness of the country’s administrative law system. The concept of governance refers to new management process or a method of how society should be managed. Governance is similar to government that does all work related to society and manage the society. The concept of governance appears to be a term used to understand how public and private collaborations take place between private individuals and state. Good governance will guide mechanism and methods for realizing issues that are done in the society such as participation, transparency, etc. Good governance is the effective, honest, fair, transparent and accountable use of public power by administrative authorities. Some principles of good governance such as accountability, transparency, participation, access information are also considered important in administrative law. Governance always helps us to act in the best interest of the business. Specifically, it helps to improve the business performance, unlock new opportunities, makes the business stable and productive. This abstract concludes that administrative law is essential for promoting good governance in India and promoting sustainable development.

Keywords: administrative law, good governance, accountability, transparency, India.

A COMPARATIVE STUDY ON THE DISCRIMINATION IN THE JAIL SYSTEMS IN INDIA VS OTHER COUNTRIES

AUTHOR – S MEHA PRIYADHARSHINI, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY.

BEST CITATION – S MEHA PRIYADHARSHINI, A COMPARATIVE STUDY ON THE DISCRIMINATION IN THE JAIL SYSTEMS IN INDIA VS OTHER COUNTRIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 492-498, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Discrimination within the criminal justice system is a major concern that has repercussions for both human rights and societal equity. Like many other nations, India’s prison system has recently come under fire for possible prejudices and discriminatory tactics. Disparities in living circumstances and access to rehabilitation programs are just a couple of the many inequalities that constitute discrimination in jail systems, in addition to unequal access to legal counsel and punishment. This study aims to examine the subtleties of prejudice in the Indian prison system and evaluate it to those in other nations. The importance of this study resides in its capacity to illuminate the scope and character of prejudice inside the Indian penal system while also offering insightful comparisons. The results could guide advocacy and policy initiatives targeted at resolving these structural disparities and promoting a more equitable and inclusive criminal justice system, not just in India but also globally. Beyond the gates of the prison, discriminatory practices in correctional systems have far-reaching effects on the present and future of countless people, their families, and society at large^[1]

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[1] The concern about discrimination within the criminal justice system and its impact on human rights is a significant global issue. International human rights organizations like Amnesty International and Human Rights Watch have highlighted these concerns in various countries.

JUDICIAL REVIEW ON ADMINISTRATIVE ACTION

AUTHOR – S. SRINITHI, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY.

BEST CITATION – S. SRINITHI, JUDICIAL REVIEW ON ADMINISTRATIVE ACTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 486-491, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Judiciary places a key role in deciding the disputes between the citizens and a state. Administrative action is a residuary which is neither legislative nor judicial. Judicial review of administrative action serves as a vital mechanism for ensuring accountability and legality. It allows courts to evaluate whether these agencies have acted within their statutory authority. The outcomes of judicial review can lead to the annulment of agency decisions, remand for reconsideration, or injunctions against unlawful actions. Overall, judicial review is essential for maintaining the rule of law and protecting individual rights.

Keywords: Administrative action, unlawful actions, judicial review, individual rights.

BALANCING JUSTICE: STATUTORY INTERPRETATION AND INDIGENOUS RIGHTS

AUTHOR – MR. AJAY GAVNER SARODE, STUDENT AT DES’s SHRI NAVALMAL FIRODIYA LAW COLLEGE, PUNE

BEST CITATION – MR. AJAY GAVNER SARODE, BALANCING JUSTICE: STATUTORY INTERPRETATION AND INDIGENOUS RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 475-485, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Balancing Justice: Statutory Interpretation and Indigenous Rights. Indigenous rights have a long and complex history. From the colonial era to modern times, indigenous communities worldwide have faced dispossession, discrimination, and marginalization. The struggle for recognition and justice has been ongoing, with significant milestones such as the United Nations Declaration on the Rights of Indigenous Peoples. Currently, indigenous rights are recognized at both national and international levels. Many countries have constitutional provisions, legislation, and court decisions that protect indigenous rights. However, challenges persist, including land disputes, cultural preservation, and economic empowerment. Statutory interpretation plays a crucial role in shaping the legal landscape for indigenous communities. It involves analysing laws and regulations to understand their intent and impact. In the context of indigenous rights, statutory interpretation can determine the scope of land rights, cultural protections, and access to resources. Despite legal advancements, grey areas remain. Questions arise about the adequacy of existing legal frameworks. Addressing conflicting statutes and cultural nuances. These gaps necessitate focused research to bridge the divide between legal theory and indigenous realities. Our hypothesis is that while current legal infrastructure provides a foundation, it falls short in addressing the unique challenges faced by indigenous communities. We believe that a deeper understanding of statutory interpretation can lead to more effective legal solutions. To enhance indigenous rights, we propose several reforms: Customary Law Integration to Recognize and incorporate indigenous customary laws alongside statutory provisions. Land Title Clarity to Clarify land title procedures to prevent disputes and ensure secure land tenure. Cultural Heritage Protection to strengthen legal protections for indigenous languages, traditions, and sacred sites. Our aim is to contribute to the ongoing discourse on indigenous rights. By researching statutory interpretation, we seek to raise Awareness and Highlight the importance of legal clarity for indigenous communities. Empower Advocacy and Equip policymakers, lawyers, and activists with insights to champion indigenous rights.

Keywords:Advancements, Customary Law, Culture, Indigenous Rights, Statutory Interpretation.

FEDERALISM: SOCIOCULTURAL CONTEXTS AND IMPLICATIONS FOR GOVERNANCE

AUTHOR – AKANSHA, STUDENT AT IILM GREATER NOIDA

BEST CITATION – AKANSHA, FEDERALISM: SOCIOCULTURAL CONTEXTS AND IMPLICATIONS FOR GOVERNANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 465-474, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Sociocultural contexts. Federalism represents a political system of government in which authority is divided between the central power and regional ones such as states or provinces. The subdivision of authority allows for an equilibrium between oneness and multiplicity where dissimilar areas may enjoy various degrees of powers within the limits of a primary framework. In addition to promoting regional governments autonomy over their own affairs tailored to their realities, federalism does democratize good governance through popular participation and enhanced accountability. But this arrangement has its setbacks, including possible conflicts arising from both federal and state laws coming into play at the same time; discrepancies among zones as far as wealth distribution is concerned; as well as representation issues (such as under-representation). For effectiveness in determining thus hence forward communitarity historical/cultural/socio-political variables should be taken into account which have proven successful in changing societies.

Keywords:  Federalism, Decentralization, Autonomy, Governance, State, rights, Central authority, Regional, government, Constitutional, framework, Political structure Intergovernmental, relations, Local governance, Democracy, Representation, Power, distribution, Legal conflict, Policy diversity, Socio-economic disparities, Unity vs. diversity, Historical, context, Comparative federalism, Constitutional Framework, Socio-economic Disparities.

SOCIO-LEGAL ASPECTS OF NECROPHILIA IN INDIA AND UNITED STATES OF AMERICA: A COMPARATIVE STUDY

AUTHOR – VARSHA BHAUSAHEB AROTE, STUDENT AT N. B. THAKUR LAW COLLEGE, NASHIK, SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE, MAHARASHTRA.

BEST CITATION – VARSHA BHAUSAHEB AROTE, SOCIO-LEGAL ASPECTS OF NECROPHILIA IN INDIA AND UNITED STATES OF AMERICA: A COMPARATIVE STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 445-450, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research is a comparative analysis of necrophilia between India and the U.S.A. These two countries’ legal, artistic, and social confines differ greatly. In the U.S.A, where necrophilia is a felonious offense distributed under the laws related to the irreverence of the corpses, having concentrated on the postmortem concurrence issues. In India, no separate law has explicitly defined necrophilia but it comes under section 301 of Bhartiya Nyaya Sanhita, earlier section 297 of Indian Penal Code. Necrophilia is no new conception, as both countries have seen cases of necrophilia and have dealt with the cases with or without any unequivocal laws. The research paper not only claws into the legal perspective of both countries but also includes the social and ethical aspects of necrophilia.

KEYWORDS : necrophilia, crime, corpses, disorder, dignity, sexual offences.

ELECTRONIC CONTRACTS AND TORTS IN UK AND INDIA’S PRIVATE INTERNATIONAL LAW – A COMPARATIVE STUDY

AUTHOR – RUDHRAN.S, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMIL NADU DR AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – RUDHRAN.S, ELECTRONIC CONTRACTS AND TORTS IN UK AND INDIA’S PRIVATE INTERNATIONAL LAW – A COMPARATIVE STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 451-464, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTROUCTION

Electronic contracts (e-contracts) are legally binding agreements formed via electronic means such as email, online platforms, or digital signatures. Unlike traditional contracts, e-contracts don’t rely on physical documentation but are governed by the same basic principles, such as offer, acceptance, consideration, and mutual consent.^[1] In the context of private international law (PIL), e-contracts introduce complexities due to their cross-border nature, where parties may reside in different jurisdictions, and the governing law and court of jurisdiction may become contentious. Types of e-contracts include clickwrap agreements (where users click to accept terms) and browse wrap agreements (where terms are implied by continued use of a website).^[2]

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[1] CHOICE-OF-LAW AGREEMENTS IN INTERNATIONAL CONTRACTS Gary Born* and Cem Kalelioglu (P49-72)

[2]CHOICE-OF-LAW AGREEMENTS IN INTERNATIONAL CONTRACTS. (2021). In GA. J. INT’L & COMPAR. L. (Vol. 50, pp. 44–118)

A STUDY ON THE CORRUPTION AUTHORITIES IN INDIA – SPECIAL REFERENCE TO LOKPAL AND LOKAYUKTA

AUTHOR – MADHUMITHA K, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – MADHUMITHA K, A STUDY ON THE CORRUPTION AUTHORITIES IN INDIA – SPECIAL REFERENCE TO LOKPAL AND LOKAYUKTA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 439-444, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

In India, corruption tends to be an ongoing obstacle to the growth and governance, deteriorating both the advancement of democratic institutions and the economy.  Corruption erodes confidence, hinders progress in the economy and makes inequality worse. This article offers a comprehensive look of India’s anti-corruption initiatives, highlighting the intricacies and potency of prevailing frameworks. It focuses on significant bodies like the Lok Pal and Lok Ayukta assesses how effective they are in combatting corruption, the potential difficulties faced by these institutions including absence of complete administrative and operational support, both entities have boundaries on their authority and jurisdiction, which might make it more challenging for them to handle cases. Inquiries and decisions are further delayed by lengthy legal procedures and bureaucratic stagnation. Their fairness and impartiality may be compromised by political involvement and their overall impact could be hampered by insufficient financing and low public education. All these aspects altogether weaken the Lokpal and Lok Ayukta’s capacity to effectively combat corruption and hold public servants responsible. This study analyzes the structural problems that hinder anti-corruption attempts, evaluates how they affect trust between the public and government.

Key words: Corruption, Lok Pal, Lok Ayukta, Public servants, Fairness.