Category: Volume 4 and Issue 4 of 2024

CONCEPT OF CONJUGAL RIGHTS: EXAMINE THE SOCIAL MECHANISM IN VIEW OF INDIAN LAW

AUTHOR – TANMOY BASU, LLM SCHOLAR AT RAJIV GANDHI UNIVERSITY – ARUNACHAL PRADESH

BEST CITATION – TANMOY BASU, CONCEPT OF CONJUGAL RIGHTS: EXAMINE THE SOCIAL MECHANISM IN VIEW OF INDIAN LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 1038-1052, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The concept of conjugal rights forms the cornerstone of matrimonial law in many jurisdictions worldwide. In the context of India, the enforcement and interpretation of conjugal rights often intersect with deeply ingrained cultural, social, and legal norms. Conjugal rights, traditionally seen as duties owed by spouses towards each other, encompass physical, emotional, and social obligations within a marriage. This article aims to delve into the social mechanism of conjugal rights in India by exploring the historical, cultural, and legal underpinnings of these rights. It also examines the legal enforcement of conjugal rights in light of the evolving societal values concerning individual autonomy, gender equality, and mutual consent in marriage. The article presents a comprehensive analysis of case laws, legal implications, and societal impact, offering a nuanced perspective on how Indian law balances traditional family norms with the growing emphasis on individual rights and freedoms.

Keywords: Conjugal Rights, Social Mechanism, Indian & International Perspective, Impact on Society, Legal Interpretation.

NO BLINDFOLD, NO SWORD: A NEW VISION OF JUSTICE FOR A CHANGING WORLD

AUTHOR – DIPTI SINGH, MEMBER OF A.D.L.S., STUDENT OF LL.B (HONS.), UNIVERSITY OF LUCKNOW

BEST CITATION – DIPTI SINGH, NO BLINDFOLD, NO SWORD: A NEW VISION OF JUSTICE FOR A CHANGING WORLD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 1053-1057, APIS – 3920 – 0001 & ISSN – 2583-2344
Abstract

The idea of Lady Justice, symbolized through imagery that includes a blindfold, scales, and a sword, has its roots in historical civilizations, notably Egypt, Greece, and Rome. From the Egyptian goddess Ma’at, the embodiment of reality and stability, to the Roman Justitia, Lady Justice has come to symbolize equity, impartiality, and the enforcement of law. Over time, the figure of Lady Justice has independent justice, represented via the blindfold, and the weighing of proof through scales.^[1] Recently, in 2024, the Supreme Court of India unveiled a brand new, modern interpretation of Lady Justice, replacing the conventional sword with the Indian Constitution, symbolizing a shift toward justice grounded in constitutional values and inclusivity. This article strains the evolution of Lady Justice, analyzing her ancient origins and the significance of her converting symbols, culminating in the present-day edition that reflects India’s revolutionary felony beliefs.^[2]

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[1] Glenn, H. Patrick. Legal Traditions of the World: Sustainable Diversity in Law. Oxford University Press, 2014.

[2] Abhinav Garg, Law is not “blind”: Lady Justice statue no longer unseeing, sword gone too, The Times of India (2024), https://timesofindia.indiatimes.com/city/delhi/major-transformation-of-lady-justice-statue-at-indias-supreme-court/articleshow/114325214.cms (last visited Oct 24, 2024).

STIRRING THE HORNET’S NEST: IMPLICATIONS OF ARTIFICIAL INTELLIGENCE IN IP LANDSCAPE

AUTHOR – DR.S.AARTHI PRIYA, ASSISTANT PROFESSOR AT GOVERNMENT LAW COLLEGE, TRICHY

BEST CITATION – DR.S.AARTHI PRIYA, STIRRING THE HORNET’S NEST: IMPLICATIONS OF ARTIFICIAL INTELLIGENCE IN IP LANDSCAPE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 1031-1037, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

             Artificial Intelligence (AI) has rapidly evolved from a theoretical concept into a tool capable of performing complex tasks that rival human intellect. It is defined as a program capable of processing and acting on information similar to human intelligence, AI systems now contribute to creative processes, from producing art and literature to driving technological advancements in fields like medicine and engineering. AI systems can perform tasks requiring creativity, decision-making, and even perception, raising questions about their role in intellectual creation.  This challenges the traditional understanding of ownership of Intellectual Property Right. This raises important legal issues about AI’s role in intellectual property (IP), particularly whether AI-generated outputs should be afforded the same legal protections as those created by humans. As AI continues to reshape industries and challenge traditional concepts of creativity and invention, legal frameworks must adapt to address the emerging challenges posed by AI-driven innovations.     This paper attempts to analyse the concept of juridical paradigm of ownership and attempts to comprehend the legal conundrum in granting intellectual property rights to works generated by Artificial Intelligence. It attempts to identify the panacea for the legal challenge posed by these pioneering inventions and innovations.

SUPREME COURT AFFIRMS HIGH COURT’S STAND: DENOUNCES BORROWER’S ATTEMPT TO EVADE LEGAL OBLIGATIONS THROUGH BASELESS FIRS AND MISUSE OF CRIMINAL JUSTICE SYSTEM

AUTHOR – SURBHI GOEL, INDEPENDENT AUTHOR, EMAIL – SURBHI@HYENACONSULTANTS.COM

BEST CITATION – SURBHI GOEL, SUPREME COURT AFFIRMS HIGH COURT’S STAND: DENOUNCES BORROWER’S ATTEMPT TO EVADE LEGAL OBLIGATIONS THROUGH BASELESS FIRS AND MISUSE OF CRIMINAL JUSTICE SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 1029-1030, APIS – 3920 – 0001 & ISSN – 2583-2344

Case overview: In a significant reaffirmation of the rule of law, the Hon’ble Supreme Court of India recently struck a decisive blow to frivolous attempts at weaponizing criminal law to escape civil liabilities. By upholding the judgment delivered by the Hon’ble High Court of Allahabad in Criminal Writ Petition No. 2140 of 2023 and dismissing the Special Leave Petition (Diary No. 42952 of 2024), the Apex Court, reinforced that debtors cannot sidestep their legal obligation to repay dues by resorting to misuse the criminal justice system. The judgment highlights that criminal law cannot be employed as a shield to derail legitimate claims arising from contractual obligations.

SMT.LAXMI VS OM PRAKASH & ORS ON 9 JULY 2001 (AIR 2001 SC 2383)

AUTHOR – MALAVIKA R, STUDENT AT GOVERNMENT LAW COLLEGE ERNAKULAM

BEST CITATION – MALAVIKA R, SMT.LAXMI VS OM PRAKASH & ORS ON 9 JULY 2001 (AIR 2001 SC 2383), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 1025-1028, APIS – 3920 – 0001 & ISSN – 2583-2344

INTRODUCTION

This case was decided on the 9^th of July 2001 by the bench consisting of justice R.C. Lahoti and justice Doraiswamy Raju. The case deals with the very important concept of dying declaration.

ARTIFICIAL INTELLIGENCE IN INDIA: AN ANALYSIS FOR ITS ROLE IN CAUSATION & DETECTION OF CRIME

AUTHORS – MR. BHARAT & MR. VISHAL SINGH, SCHOLARS FROM MAHARSHI DAYANAND UNIVERSITY

BEST CITATION – MR. BHARAT & MR. VISHAL SINGH, ARTIFICIAL INTELLIGENCE IN INDIA: AN ANALYSIS FOR ITS ROLE IN CAUSATION & DETECTION OF CRIME, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 1020-1024, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Artificial Intelligence (AI) is transforming sectors globally, with significant implications for crime causation and detection in India. This paper examines AI’s dual role in combating and facilitating criminal activities. On one hand, technologies like machine learning, facial recognition, and predictive analytics empower law enforcement by enhancing crime detection, investigations, and surveillance. On the other, AI introduces challenges such as cybercrime, data privacy risks, and algorithmic bias. By reviewing AI applications in Indian law enforcement and addressing legal and ethical considerations, this paper underscores the need for robust regulations to maximize AI’s benefits while mitigating its risks.

A KEY ISSUE OF JUDICIAL INDEPENDENCE IN THE APPOINTMENT OF JUDGES IN HIGHER JUDICIARY

AUTHOR – MOHD. AKASH, RESEARCH SCHOLAR AT FACULTY OF LEGAL STUDIES, MAHATMA JYOTIBA PHULE ROHILKHAND UNIVERSITY, BAREILLY (UP), INDIA

BEST CITATION – MOHD. AKASH, A KEY ISSUE OF JUDICIAL INDEPENDENCE IN THE APPOINTMENT OF JUDGES IN HIGHER JUDICIARY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 1006-1011, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The judicial recruitment process in India, particularly for the higher judiciary, has been widely debated and scrutinised. This article goes into the complexity of the judicial appointment system, including the roles of numerous authorities and the growth of the process as evidenced by key judicial pronouncements. This study’s main focus is on the contradiction between executive power and judicial independence, the influence of the collegium system, and reform ideas. The article seeks to provide a comprehensive view of the essential topic of judicial nominations in India by examining the legal framework, court decisions, and ongoing issues.

For a healthy judicial system, the judiciary’s independence is critical in protecting the sovereignty of the constitution as well as the judiciary, which is the foundation of any democratic society, by ensuring that the judiciary remains impartial, free of external influences, and capable of upholding the rule of law. In the context of India, the Collegium System has had a considerable impact on the appointment and transfer of judges to the higher judiciary, particularly the Supreme Court and High Court. This research study examines the relationship between judicial independence and the Collegium System in India. The study begins by looking into the historical growth of the Collegium System, dating it back to court interpretations of the Constitution. It explores the constitutional provisions and landmark judgments that have shaped the framework for appointing and transferring judges, highlighting the delicate balance between the need for judicial independence and the role of the executive in the appointment process.

Keywords: Judicial Appointment, Higher Judiciary, Judicial Pronouncements, Collegium System.

EVALUATING THE NEED FOR BAD BANKS AMID EXISTING ARCS

AUTHOR – MS. KAJAL KAMALKISHORE BANG, STUDENT AT JINDAL GLOBAL LAW SCHOOL.

BEST CITATION – MS. KAJAL KAMALKISHORE BANG, EVALUATING THE NEED FOR BAD BANKS AMID EXISTING ARCS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 1012-1019, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper critically examines the need and effectiveness of establishing new government-backed bad banks in India, especially in the context of the existing private-sector-funded Asset Reconstruction Companies (ARCs). The surge in Non-Performing Assets (NPAs) in Indian banks underscores the urgency of finding effective solutions to financial instability. While bad banks might seem like a viable solution to current gaps in NPA management, it is important to note that this concept is not new to India’s asset management landscape. The study finds that ARCs already play a significant role in asset recovery, but they are hindered by challenges such as limited turnaround capacity, insufficient capital, and reliance on private funding, which diminishes their effectiveness. Although bad banks could help address some of these challenges, such as providing government support and facilitating the acquisition of larger NPAs, they do not tackle the root causes of the issues within the banking system. Concerns arise regarding accountability, the use of taxpayer funds, and the potential complacency of commercial banks, which could weaken lending standards. Without strong oversight, including mandatory forensic audits, the creation of bad banks could repeat past mistakes and perpetuate systemic inefficiencies. Therefore, this paper advocates for strengthening the capabilities of existing ARCs rather than creating new institutions. The study suggests exploring alternative solutions focused on comprehensive auditing, risk management, and operational efficiency. By addressing the core causes of NPAs and fostering a culture of accountability and proactive credit assessment, India can achieve long-term financial stability without burdening taxpayers or compromising the integrity of its banking system.

SHADOWS ON CAMPUS: EXPLORING THE UNDERBELLY OF COLLEGE CRIMES

AUTHOR – KHUSHI SARKHEDI, STUDENT AT AURO UNIVERSITY SURAT

BEST CITATION – KHUSHI SARKHEDI, SHADOWS ON CAMPUS: EXPLORING THE UNDERBELLY OF COLLEGE CRIMES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 995-1005, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Although colleges are frequently though of s secure oases for study, they can also hotspot for a variety of crimes that are waiting to be discovered. This research looks into the relationship between crime rates on college campuses and inadequate lighting. Through the Analysis it shows how insufficient lighting fuels criminal activity by looking through crime reports, surveying students and staff, interviewing them, and  mapping locations that are known to be crime-ridden. This research shows a clear correlation between low light levels and increased rates o theft, violence, and vandalism. These dimly lighted areas not only provide a haven for criminal activity, but they also make the college community feel uneasy. This emphasizes how urgently improved lighting safety precautions are needed.

Developing successful preventative methods requires an understanding of the elements that contribute to crimes on campuses and the significance of environmental factors like illumination. Colleges and universities can establish safer settings that support both academic achievement and personal development by tackling these problems. This research offers doable suggestion for boosting campus security, such as installing more CCTV, better lighting and initiating awareness-raising and crime-prevention initiatives. The goal of these actions is to make campuses more secure and safe places for all people.

This research is a call to action for legislators and college administrators to address these safety concerns and maintain campuses as secure environments for learning and development.

Keywords: Crimes, Safety, Investigation, Awareness, Campus

TECHNOLOGY, LAW AND ETHICS

AUTHOR – MS. TANISHKA BHATT, INDEPENDENT AUTHOR, GURUGRAM, HARYANA. EMAIL – BHATT.TANISHKA744@GMAIL.COM

BEST CITATION – MS. TANISHKA BHATT, TECHNOLOGY, LAW AND ETHICS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 986-994, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

 The article mentions how technology can help people in many areas, such as in entrepreneurship, law, medical, agriculture, and education. In the field of law specifically, technology can be used for various purposes such as for legal matter findings, lawful advice, lawful conscripting, lawful mechanisation, covenant analysis, information operation, legal enterprise development, fair thorough review, M&A due diligence, medium supervision, tracing beyond lawyer expend, automated proof operation and lawful propaganda which helps lawyers and firms to produce the desired output with efficiency, less human labour and with less scope of errors. Certain instances of electronic havoc, meanwhile covid 19 have also been mentioned in the article, when the entire world was connecting online, such as not involving women, in curative findings on female’s wellness which lead to lack of useful facts and information on female’s wellness, an AI tool which detects the probability of a person to commit offence on the basis of colourism etc. Recently during the Indo – Singapore judicial conference had occurred which discussed the relevance of using technology in the legal study and judicial system with morality, the conference also highlighted how Singapore International Commercial Court is utilising the technology for resolving cross border business disputes, In India the introduction of E- Courts, Live quotation benevolences and Supreme Court Vidhik Anuvaad Software has completely changed the facet of the Indian judicial system. The ethics and laws go hand in hand, for safeguarding human rights and to maintain a respectable environment, the law establishes standard of behaviour that all individuals adheres to, there are situations when an individual has to do an act which is ethically incorrect but is correct lawfully to which some philosophers have criticised as a person should not do an act which is not setting up a good example in the society at large. The National Strategy for Artificial Intelligence had put emphasis on using AI for resolving communal issues and to benefit citizens at large which is evident through instances such as use of cctv cameras at prayagraj kumbh mela for detecting that the mass does not go beyond its limit,Wadhwani AI, an AI potential device will help the doctors to detect less birthing heaviness of infants, business venture named NIRAMAI has evolved a premature level of breast cancer diagnosis apparatus, which is a AI based tool, the IIT Madras experimenters are seeming to utilise AI to forecast possibility of new mothers leaving the medicare initiatives, to better aimed interference and to expand practical medicare results for new mother and babies. Laws pertaining to technology such as the Information Technology Act of 2000, Indian Contract Act of 1872, Aadhaar Act of 2016, Geospatial Regulation Bill of 2016, Personal Data Protection Bill of 2019, and Information Technology Rules of 2021, are among the current laws and bills in our nation that are covered in the article. These legislation and laws prohibit technology-related crimes, including cyberterrorism and cybercrimes, and they impose fines for infractions; few instances of ethical use of technology are also mentioned. In order to prevent problems like privacy invasions, data security breaches, and cybercrimes, professional organisations and regulatory authorities are required to set and adhere to rules and regulations. To guarantee innovation and update legislation in line with technological changes, legal professionals should collaborate with technology specialists. This article basically aims to clarify the relationships and requirements between technology, law, and ethics in the contemporary world.

Keywords: Technology, Law, Ethics, Artificial Intelligence, Offences, Advancements, Behaviour