Category: Volume 4 and Issue 3 of 2024

JUDICIAL CONTRIBUTION ON RIGHTS OF WOMEN WORKERS IN THE UNORGANIZED SECTOR IN INDIA VIS-À-VIS UNADDRESSED CONSTRUCTION SECTOR – A CRITICAL STUDY

AUTHOR – DR D KANNAN, ASSISTANT PROFESSOR OF LAW (SG), SCHOOL OF EXCELLENCE IN LAW, TAMIL NADU DR AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – DR D KANNAN, JUDICIAL CONTRIBUTION ON RIGHTS OF WOMEN WORKERS IN THE UNORGANIZED SECTOR IN INDIA VIS-À-VIS UNADDRESSED CONSTRUCTION SECTOR – A CRITICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 432-438, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Judiciary interprets laws related to labour rights, including those concerning women workers and their rights which ensures their enforcement of such right. The Courts can provide legal remedies to aggrieved women workers who face violations of their rights, such as non-payment of wages, harassment, or unsafe working conditions. The Judiciary acts as a guardian of their rights and safeguard against exploitation and abuse faced by the women workers. Courts can intervene to prevent and address instances of physical, emotional, or sexual abuse, ensuring accountability for perpetrators and providing protection to victims. The Courts can monitor Government organizations in discharging of their duties like carrying out labour laws and welfare programs for women workers.  Judicial activism ensures that the enforcement of their obligations and allocate resources effectively to protect the rights of women workers. The judiciary serves as a crucial guardian of women workers particularly in the unorganised sector. It protects their rights by interpreting and enforcing laws, delivering landmark judgments, engaging in judicial activism, in order to safeguard their right against exploitation, recognizing rights, monitoring government actions, and contributing to legal advocacy and awareness. Through these actions, the judiciary plays an important role in advancing the cause of social justice and securing gender workers in India. This paper is going analyse the rights of the women workers in the unorganised sector in India through judicial response with untold story of construction workers.

Key Words:  unorganized sector, Supreme Court of India, construction workers, labour rights, women workers

DIFFERENCE BETWEEN INDIAN CONTRACT ACT AND ENGLISH CONTRACT LAW

AUTHOR – MR. RUSHIKESH K. PATIL, STUDENT AT DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – MR. RUSHIKESH K. PATIL, DIFFERENCE BETWEEN INDIAN CONTRACT ACT AND ENGLISH CONTRACT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 418-431, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Difference Between Indian Contract Act and English Contract Law.  The legal systems of India and England share a historical connection rooted in colonialism. The Indian Contract Act of 1872 was influenced by English contract law, a legacy that shapes the contractual landscape in both jurisdictions.  Currently, Indian contract law and English contract law coexist, each with its nuances. While India’s legal framework has evolved with amendments, English contract law continues to be a benchmark globally. The present status reflects a dynamic interplay between tradition and adaptation in contractual regulations.  The research delves into the comparative analysis of Indian Contract Law and English Contract Law. It aims to unravel the similarities, differences, and evolving dynamics between these legal frameworks governing contractual relations in two distinct jurisdictions. (Research Problem) Gray areas persist in understanding how cultural, historical, and socio-economic factors influence the interpretation and application of contract law in India and England. The need for this research arises from the potential conflicts and challenges people face when navigating contracts across these jurisdictions. the existing legal infrastructure adequately addresses the challenges arising from the divergent historical, cultural, and economic contexts of India and England. Potential disparities may require a more nuanced and context-specific approach to ensure fairness and efficacy.  Possible reforms include harmonizing certain aspects of contract law to facilitate smoother cross-border transactions, providing clearer guidelines for dispute resolution in international contracts, and fostering a mutual understanding of legal principles between the two jurisdictions. These reforms aim to enhance legal certainty and promote cross-border business interactions. The research aims to foster a deeper understanding of the legal intricacies between Indian and English contract law, recognizing their shared history and contemporary differences.

Keywords: Comparative Analysis, Contract Law, Cross-border Transactions, Legal Frameworks, Reforms, Shared History

ADMINISTRATIVE LAW AND PRINCIPLES OF FAIR HEARING

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

BEST CITATION – AKASH K, ADMINISTRATIVE LAW AND PRINCIPLES OF FAIR HEARING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 413-417, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The current study focuses on the Fair Hearing Rules in the context of Administrative Law.  Public authorities, in this case, must explain the decisions that they make for the public good and the fairness of the decision to the average man as a reasonable owner would do.  The case of Re Haughey was a watershed moment that established the fundamental components of natural justice even in cases involving the infringement of rights and liberties including the right to one’s own reputation as enshrined in the Constitution.  Any action taken contrary to the rules of natural justice is tantamount to a breach of the fundamental right guaranteed under Article 21 of the Constitution. – Justice belief. The principles of natural justice exist to ensure that justice is not abused in any way.  One of the principles of natural justice is to hear the other side or the party.  Hence, a duty to observe natural justice by the tribunal is in the nature of a substantive right of the parties to the proceedings to be treated without fear or favor.  That is Fairness is achieved by allowing the other party to be heard which helps in the fairness of the process adopted by the adjudicator.  What is fair hearing, why notice is important, why notice must not be vague are the main issues, which are dealt with in the text.  The consequences of non-observance of this doctrine are also considered.  The right of legal representation is addressed too, as well as circumstances in which non-adherence to the principle is unlikely to affect the outcome of the proceedings.

INTERNATIONAL CRIMINAL LAW: HUMAN RIGHTS VIOLATION

AUTHOR – AKANSHA, LLM SCHOLAR AT IILM GREATER NOIDA

BEST CITATION – AKANSHA, INTERNATIONAL CRIMINAL LAW: HUMAN RIGHTS VIOLATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 405-412, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

International criminal law is a fairly new thing in the international legal field aimed at making individuals answerable for the most serious human rights violations.
It has moved from the traditional international law approach which targeted states’ accountability to a more direct individual approach.

Internationale Criminal Law is built on concepts such as jus cogens (compelling law) and Aut Dedere Aut judicare (extradite or prosecute). The principles state that some offenses like genocide, crimes against humanity, war crimes and aggression are universally acknowledged and should be prosecuted no matter where they take place.

The institution whose core mandate lies within investigating and prosecuting people who are alleged to have committed these crimes is called International Criminal Court (ICC). Nevertheless, the court’s jurisdiction extends only over country members who have ratified the Rome Statute which established it. In addition, its jurisdiction might only be exercised by nationals from state parties or those going on within their territories.

Even though it has several limitations, international criminal law has contributed greatly in holding perpetrators accountable through various means. Its prevention role towards future offenses highlights the need for adherence for human rights as well as respect towards them.

KEYWORDS – International Criminal Court (ICC), Rome Statute, Genocide, Crimes against humanity, War crimes, Aggression, Jus cogens, Aut Dedere Aut judicare, international justice, National sovereignty, Accountability, Deterrence, Human rights, Rule of law

THE EMPLOYEES SCHEME IN INDIA:ADMINISTRATION ON BOTH SECTOR, SUGGESTIONS

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

BEST CITATION – KEERTHANA S, THE EMPLOYEES SCHEME IN INDIA:ADMINISTRATION ON BOTH SECTOR, SUGGESTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 401-404, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

This article will be examining the pension scheme provided by the government in relation with administrative actions, which involves the transparency, accountability towards the organized sector as well as the public employees.  The study will analyze how the schemes have been providing the necessary welfare for the public employees on their retirement. The article mainly deals with the unified pension scheme which is yet to be implemented, and the existing pensions which grossed out among the public employees. The findings in the article are basically supports the administrative actions taken for the pension scheme and suggest mostly on the new implementation of the scheme.

KEYWORDS:  administrative actions, transparency, accountability, implementations.

NATIONAL POLICY REVIEW: PRADHAN MANTRI JANJATIYA UNNAT GRAM ABHIYAN (PMJUGA)

AUTHOR – BEARLIN JINCY J. D, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – BEARLIN JINCY J. D, A STUDY ON MIGRANTS AND THEIR HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 394-400, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

In order to promote holistic socioeconomic development among the nation’s tribal people, especially in rural areas, the Indian government has established a game-changing program known as the Pradhan Mantri Janjatiya Unnat Gramme Abhiyan (PMJUGA).  This ambitious program aims to empower over 5 crore tribal people living in over 63,000 villages by providing comprehensive development and empowerment for tribal families in villages with a tribal majority and aspirational districts.Based on information from the 2011 Census of India, the statement “over 5 crore tribal people living in over 63,000 villages” is made. In 2011, the Scheduled Tribe (ST) population was estimated to be 10.43 crore, or around 8.6% of India’s overall population, according to the Census. A report or analysis based on that census, which is frequently incorporated into government plans and programs, might specifically identify 5 crore indigenous people living in 63,000 villages.With the Ministry of Tribal Affairs leading the charge, PMJUGA aims to close the developmental divide between populations that are tribal and those that are not. By a number of focused actions, it aims to improve livelihood opportunities, infrastructure, education, and healthcare. Alongside enabling tribal groups to actively contribute to India’s wider economic prosperity, the initiative places a strong emphasis on protecting their cultural legacy.  With its focus on vital issues including connectivity, skill development, clean water availability, and sanitation, PMJUGA is well-positioned to establish a long-lasting framework for inclusive and empowered tribal communities. With this scheme, India’s tribal populations would no longer be marginalised but will instead play a vital role in the socioeconomic development of their country.

ARBITRARY POWER OF STATE: A CRITICAL ANALYSIS UNDER DICEY’S RULE OF LAW

AUTHORS – SRIRAM V M, SABARI VEERA V & TASNEEM BANU T, STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – SRIRAM V M, SABARI VEERA V & TASNEEM BANU T, ARBITRARY POWER OF STATE: A CRITICAL ANALYSIS UNDER DICEY’S RULE OF LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 384-393, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

This article critically examines the application a well as the limits of A.V. Dicey’s Rule of Law in the world of legal framework, focusing on the cases from the UK, US, and India. Dicey’s  Rule of Law explains the supremacy of law, equality before law, and protection of individual rights. However, this Rule of law faces challenges in modern governance, particularly in areas involving national security, administrative actions, and socio-economic inequality.

In the UK, Counter-terrorism legislation, such as the Terrorism Acts of 2000 and 2006, along with the Counter-Terrorism and Security Act of 2015, have been scrutinized for potential violations of civil liberties, such as unlawful detention and racial profiling. The US case studies focus on executive orders, such as Executive Order 13769 the Travel Ban, and how reviewing power of judiciary serves as a check on the power of executive. The Trump v. Hawaii decision exposed conflicts between national security and personal freedoms. In India, the Aadhaar contains biometric identification raised substantial privacy issues, leading to a landmark SC decision in 2018 that addressed issues of data protection and state surveillance.

This this research contends that although Dicey’s Rule of Law continues to be significant in promoting protecting individual rights and accountability, it falls short in addressing community rights and the socio-economic disparities that obstruct access to justice. The study advocates for the reforms that incorporate social and economic contexts into legal frameworks to ensure a more efficient use of the Rule of Law. These reforms including broadening access to legal aid programs, streamlining legal procedures, improving judicial diversity, and strengthening the enforcement of anti-discrimination legislation. Comparative analysis of legal  frameworks from Germany and France provides insights into how alternative models can more effectively tackle systemic inequalities.

The research concludes that modifying Dicey’s Rule of Law to present challenges requires interdisciplinary approaches, ongoing judicial reform, and stronger safeguards against administrative overreach. By integrating economic and social rights into legal systems, policymakers can ensure that justice is more accessible, equitable, and responsive to the needs of all citizens. This holistic approach is essential to uphold the principles of justice, equity and fairness in democratic governance.

Keywords: Rule of Law, A.V. Dicey, counter-terrorism laws, executive orders, Aadhaar, privacy, human rights, socio-economic inequality, judicial review, legal reform

INTERSECTIONALITY IN CRIMINAL LAW AND ITS IMPACT ON WOMEN

AUTHOR – MEGHNA SINGH, STUDENT AT MEERUT COLLEGE, MEERUT CHAUDHARY CHARAN SINGH UNIVERSITY, MEERUT

BEST CITATION – MEGHNA SINGH, INTERSECTIONALITY IN CRIMINAL LAW AND ITS IMPACT ON WOMEN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 375-383, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper delves into the complexities of gender and the Indian legal system, exposing the stark discrepancies in arrest rates, incarceration trends, and the subtle (and sometimes not-so-subtle) biases that weave a web of disadvantage for women.

DEBATE OF JUDICIAL REVIEW ON DELEGATED LEGISLATION IN INDIA: A CRITICAL ANALYSIS

AUTHOR – NAVEEN KUMAR M, STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – NAVEEN KUMAR M, A STUDY ON MIGRANTS AND THEIR HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 372-374, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The increasing engagement of the judiciary within the realms of constitutional democracy in India has triggered debates on the issue of judicial review over subordinate legislation. Subordinate or secondary legislation refers to various secondary statutes legislated by the executive on behalf of the primary laws enacted by the legislature. It is important in the practice of administration to tackle certain details on matters like public health, the environment and labor law. Still, excessive delegation especially to the executive branch raises some red flags which the courts seek to settle through the ultra vires doctrine, which ensures that the delegated legislation conforms to the provisions of the enabling statute that is the primary law.

Issues of excessive delegation, tension in the non-delegation doctrine and practical necessity, and other nations ongoing problem of adequate control while avoiding judicial overreach are still prevalent to date. Courts have set some landmark decisions that have greatly limited the scope of delegating power, examples include the Re Delhi Laws Act case in 1951 and Hamdard Dawakhana v Union of India 1960. In the end, Indian judicial review does not subserve the principles of good governance, executive action and respect for the Constitution and other laws in the country. Delegated legislatures are necessary in ensuring that the lawmakers’ intent is followed without violation of the fundamental rights that are more often than not taken by the state in the name of efficiency. There rests the challenge that the courts must balance so that they do not enter into the sphere of making policy for the executive.

A STUDY ON MIGRANTS AND THEIR HUMAN RIGHTS

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

BEST CITATION – R. MADHUMITHA, A STUDY ON MIGRANTS AND THEIR HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 367-370, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The study delves into the connection between migrants and their human rights. Migrants are individuals who leave their home countries in search of opportunities such as education, employment, or to reunite with family. International human rights law, such as the UDHR (Universal Declaration of Human Rights) and the International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families, advocates for the rights of migrants. However, the enforcement of these laws and policies varies widely across the world due to economic, social, and political factors. This research aims to provide insight into the identity of migrants, the reasons for their migration, and the challenges they face, while also exploring their legal rights. The study evaluates the human rights framework that applies to migrants, highlights the gaps in policy implementation, and emphasizes the need for policies that respect and protect the rights of migrants. Ultimately, it recommends that governments strive to strike a balance between the human rights of migrants and the development of policies.

Keywords: Migrants, human rights, legal framework, Migration, Movement.