Category: Volume 4 and Issue 4 of 2024

EXAMINING THE SHORTCOMINGS OF LAW OF CONTRACT IN INDIA: THE JUDICIAL APPROACH

AUTHOR – DR. REKHA PAHUJA, ASSOCIATE PROFESSOR, S.S. MANIYAR LAW COLLEGE, JALGAON

BEST CITATION – DR. REKHA PAHUJA, EXAMINING THE SHORTCOMINGS OF LAW OF CONTRACT IN INDIA: THE JUDICIAL APPROACH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 735-684, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This article explores the shortcomings within Indian contract law, focusing on ambiguities, enforcement issues, and the need for reforms. While the Indian Contract Act of 1872 established a foundational legal framework, various socio-economic changes and judicial interpretations have revealed significant weaknesses. This study highlights critical areas requiring attention to enhance contractual relationships and ensure justice.

Keywords – Contract Law, India, Indian Contract Act, Enforcement, Legal Reforms

RECONSTRUCTING LAW AND DEMOCRACY FOR FUTURE BANGLADESH

AUTHOR – MD. TAFSIR ASHEK, STUDENT AT DEPARTMENT OF LAW AND HUMAN RIGHTS, UNIVERSITY OF ASIA PACIFIC

BEST CITATION – MD. TAFSIR ASHEK, RECONSTRUCTING LAW AND DEMOCRACY FOR FUTURE BANGLADESH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 716-734, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Bangladesh was continuously questioned about ensuring democracy by the people and also by the world in the past. After 5th August 2024, initiatives are taken to change the constitution, involving questions about whether Bangladesh should rewrite or reform the constitution. However, the interim government has decided to reform the constitution recently. Also, they are taking suggestions from individuals via website. This study concentrates on how such changes should be incorporated. The objective is to ensure a sustainable democratic system for Bangladesh’s future. The study involves different opinions, proposals, facts and surveys conducted by individuals to discover the best. 

Key-Words: Constitution, Reform, Administration, Election, Parliament, Service, Democracy,

BEHAVIORAL ECONOMICS AND CONSUMER FINANCIAL DECISION-MAKING:  AN INDIAN PERSPECTIVE

AUTHOR – PALAK, SIMRAN JAISWAL & AYUSH SHUKLA, STUDENTS AT SCHOOL OF LAW, CHRIST UNIVERSITY, LAVASA CAMPUS, PUNE

BEST CITATION – PALAK, SIMRAN JAISWAL & AYUSH SHUKLA, BEHAVIORAL ECONOMICS AND CONSUMER FINANCIAL DECISION-MAKING:  AN INDIAN PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 709-715, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The subject that is being discussed focuses on psychology and economics-the ways in which cognitive biases, heuristics, and social influences create consumer decision-making-particularly within financial matters. This paper would address how such principles might find expressions in the Indian consumer behavior-world-a cultural, socio-economic, and regulatory profile that is unique. The word refers to behavioral economics that points to the crossing area between psychology and economics. A rich characteristic of rich characteristics, particularly when cognitive biases and emotional impacts and also a range of sociocultural factors apart from the normative economic rationality are considered, emerge in this regard-once focused on the financial decision-making process of consumers. This paper shall discuss the possibility of applying behavioral economics in India, an economy having diverse socioeconomic conditions and rapidly developing technologies. Important ideas, such as bounded rationality, prospect theory, and heuristics, affect Indian consumer saving, spending, and investment behaviors and are evaluated in conjunction with such cognitive biases as anchoring, overconfidence, and hyperbolic discounting. Finally, sociocultural influences on financial decisions include caste-based financial networks and gender-inequality-based family norms, which often lead to suboptimal outcomes. This paper analyzes the impact of programs under digital financial inclusion-cases such as PMJDY and UPI-on how nudges may promote adoption while improving access to finance. While such tactics are promising, it raises concerns with regional variances and structural inequalities that call for long-term, context-specific solutions toward financial literacy, inclusion, and economic empowerment that would make India better placed financially secure and equitable; this study underlines the fact that structural reforms need to be integrated with behavioral insights for a more effective recommendation.

A CRITICAL STUDY ON THE LEGITIMACY AND THE RIGHT OF INHERITANCE TO THE CHILDREN BORN OUT OF LIVE-IN RELATIONSHIPS IN INDIA

AUTHORS – VISHAL N* & PREETHI R**, LLM SCHOLAR* & FACULTY OF LAW**, DEPARTMENT OF PROPERTY LAW, AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – VISHAL N & PREETHI R, A CRITICAL STUDY ON THE LEGITIMACY AND THE RIGHT OF INHERITANCE TO THE CHILDREN BORN OUT OF LIVE-IN RELATIONSHIPS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 701-711, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This critical study explores the social and legal status of legitimacy and the rights of inheritance to the children born in the context of live-in relationships in India. The concept of legitimacy is deeply ingrained in Indian society and is closely tied to the institution of marriage. Children born out of wedlock, including those born out of live-in relationships, face social exclusion and stigmatisation. Moreover, the legal framework for inheritance rights of children born out of live-in relationships is complex and lacks clarity, leaving many children without any legal protection and inheritance rights. The study highlights the need for legal and social reforms that recognize the legitimacy of children born out of live-in relationships and ensure their inheritance rights. It also emphasises the need to change societal attitudes towards children born out of wedlock and promote their acceptance and inclusion in society. For the purpose of this research, an empirical method was followed and the data was collected through survey forms. The SPSS software by IBM was used to calculate the descriptive statistics. The sample size was 200.Dependent variables are social stigma surrounding live-in relationships, The personal laws do hinder the children from inheriting, uncertainty surrounding live-in relationships. Independent variables are Age, Gender, Marital Status, Educational Qualification, Occupation and Monthly income. Various tools like ANOVA, Chi Square, and sample t tests were used.

KEYWORDS – Inheritance, Property rights, Children, Live-in relationships, Legitimacy.

A STUDY ON LAW OF MORTGAGES WITH SPECIAL REFERNCE TO THE RIGHT TO REDMEPTION

AUTHORS – R SHANMUGA PRIYA* & Dr.P. BRINDHA**, LLM SCHOLAR (PROPERTY LAW)* & H.O.D** AT SCHOOL OF EXCELLENCE IN LAW, TNDALU.

BEST CITATION – R SHANMUGA PRIYA & Dr.P. BRINDHA, A STUDY ON LAW OF MORTGAGES WITH SPECIAL REFERNCE TO THE RIGHT TO REDMEPTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 692-698, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Mortgage law is a fundamental aspect of property law, governing the rights and obligations of borrowers and lenders in securing loans with immovable property. This article delves into the concept of mortgage laws, focusing on the historical developments, what are the restrictions and its validity and Parital redemption. Further, the article addresses the legal framework, covering the SARFAESI Act, Transfer of Property Act, and Limitation Act, which collectively influence the enforceability, recovery, and redemption rights within mortgage law. A comparative analysis between the SARFAESI Act and the Transfer of Property Act emphasizes the tension between expedited asset recovery for lenders and extended redemption rights for borrowers. Through this discussion, this article focuses on balance between borrower protection and lender security in mortgage law, underscoring its broader economic and social implications.

THE RIGHT TO INFORMATION ACT (RTI) AND ITS ROLE IN IMPROVING ADMINISTRATIVE ACCOUNTABILITY

AUTHOR – ARUN Y, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, CHENNAI

BEST CITATION – ARUN Y, THE RIGHT TO INFORMATION ACT (RTI) AND ITS ROLE IN IMPROVING ADMINISTRATIVE ACCOUNTABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 685-691, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The Right to Information Act (RTI), enacted in India in 2005, represents a critical tool for enhancing transparency and accountability in administrative actions. This paper examines how RTI empowers citizens by granting them access to information held by public authorities, effectively making the administrative processes more transparent. It evaluates the impact of the Act on governance, focusing on its role in combating corruption, promoting transparency, and enabling citizens to hold public authorities accountable. Additionally, the research discusses the limitations of the Act, such as the lack of proper implementation and the reluctance of certain authorities to disclose information. Through a comparative analysis of landmark cases and decisions by the Central Information Commission (CIC), this paper highlights the evolving role of RTI in ensuring administrative accountability. The research concludes by exploring the future potential of RTI in the context of digital governance and the challenges posed by increasing governmental control over information.

Keywords: Transparency, Accountability, Corruption, Implementation

THE DOUBLE-EDGED SWORD: PRIVACY AND NATIONAL SECURITY IN A CONNECTED WORLD

AUTHOR – MATHEW S.N & SANTOSH ROSHAN, STUDENTS AT SASTRA DEEMED UNIVERSITY, THANJAVUR

BEST CITATION – MATHEW S.N & SANTOSH ROSHAN, THE DOUBLE-EDGED SWORD: PRIVACY AND NATIONAL SECURITY IN A CONNECTED WORLD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 677-684, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The digital age has transformed, both in terms of national scope and individual impact, the reach of boundaries previously made between national security and personal privacy. This impact can be seen particularly in the development of India’s legislation and policies accompanied by judicial interpretations. Given the threat of cyber espionage and cyberterrorism having multiplied manifold, national security operations have increasingly turned to widespread surveillance and data gathering at the cost of private rights. The rapid diffusion of modern technologies such as AI, blockchain, and IoT further intensifies the tensions and throws up new challenges towards safeguarding personal data. These improve national security capabilities but also unlock vulnerabilities that can expose private information to misuse demanding greater levels of legal protection. This paper critically reviews the nexus between national security and privacy in an Indian context, discussing key legislative frameworks. Deficiencies in the current legal and judicial system as it relates to the balance required for security and privacy are juxtaposed with the fast-emerging challenges of rapidly advancing digital technologies. The other aspect involves the moral and ethical considerations of state surveillance within governance. It argues for a more accountable, open, and proportionate way of governance. The study ended by making some proposals for change; it suggested that there should be strong laws for data protection, judicial check on surveillance, and rights for the individuals as well as risks of cyber space in this highly connected world.

Keywords: Artificial Intelligence, Blockchain technology, Cybersecurity, Internet of things, Personal Data Privacy

BNS 2023: PATH OF JUSTICE OR ENHANCED PUNISHMENT?

AUTHOR – RENGANATHAN V, MANIKANDA GURU S & RITHIK RAJ S, STUDENTS AT SASTRA DEEMED UNIVERSITY, THANJAVUR

BEST CITATION – RENGANATHAN V, MANIKANDA GURU S & RITHIK RAJ S, BNS 2023: PATH OF JUSTICE OR ENHANCED PUNISHMENT?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 674-676, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

                   This article was primarily focus on the new criminal bill which was introduced recently and this paper was  dominantly analyse the impact of implementation of the act named BNS[Bharatiya nyaya sanhita] which was came in the effect of 1^st July 2024 after being passed by parliament in December and we analyse how it  impact the  two main agents of the government  and  how this act is trying to bring the justice and this article is also analysing the various new offences introduced in the BNS and covered related to the organised and cyber offences which was exclusively added in the BNS  and covered the area related to the gender equality and omission of section 377 of IPC  brings gender equality, this all the area that this paper covers. And we have analysed the constitutional impact of BNS as well while analysing the impact of the two main agent of the government  and we have touched about the increase in punishment various offence and new short of punishment which was introduced in the act

Keywords: – Offences, punishment and justice.

SEXUAL HARASSMENT AT WORK PLACE – A BARRIER TO GENDER EQUALITY

AUTHOR – DR. K. GOWRI, ASSISTANT PROFESSOR, GOVERNMENT LAW COLLEGE, TIRUCHIRAPPALLI, TAMIL NADU – 620003

BEST CITATION – DR. K. GOWRI, SEXUAL HARASSMENT AT WORK PLACE – A BARRIER TO GENDER EQUALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 665-673, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

                Sexual harassment is a reprehensible crime committed against women which has a direct impact socially and psychologically.  It has become a common occurrence on women around the globe and India is no exception.  A survey reports that 56% women are victims of sexual harassment at the workplace and 53% women have been subject to sexual comments, gestures, jokes at the workplace^[1]. In order to foster a stable and friendly work environment to encourage women, secure their social and economic empowerment and equitable growth, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013^[2] (hereinafter referred to as POSH Act) was drafted. The need for the Act was very much felt after the Vishaka judgment and it took 17 years after the judgment to enact and implement the POSH Act, 2013. Vishaka vs State of Rajasthan^[3] dealt with such related aspects and the Apex Court defined Sexual Harassment as “including an uninvited or unwelcome sexual favour or sexual gestures from one gender towards the other gender”^[4].

                Harassment on women can be in various forms, especially at work place which is one importance factor contributing to gender inequalities.  This paper concentrates on causes for harassment at work place, legal framework in India, barriers to women empowerment, need to achieve gender equality as a goal of sustainable development and appropriate measures to eliminate discrimination.

Key Words: Sexual Harassment, women empowerment, gender inequality, sustainable development goals, work place.

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[1]https://economictimes.indiatimes.com/news/politics-and-nation/more-than-50-women-professionals-believe-sexual-harassment-at-the-workplace-has-increased-over-the-years-survey/articleshow/69855500.cms, Published June 19, 2019

[2]Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

[3](1997) 7 S.C.C. 323

[4] Vishaka vs. State of Rajasthan (AIR 1997 SC 3011)

COPYRIGHT LAW IN THE AGE OF NFTS: OWNERSHIP AND LICENSING CHALLENGES IN THE INDIAN MARKET

AUTHOR – BOOBESH S, STUDENT AT SASTRA DEEMED UNIVERSITY

BEST CITATION – BOOBESH S, COPYRIGHT LAW IN THE AGE OF NFTS: OWNERSHIP AND LICENSING CHALLENGES IN THE INDIAN MARKET, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 653-664, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Technology is changing at lightning speed, and we are seeing more of digital assets than we have ever before. All this has radically changed the heart of ownership, creativity, and intellectual property. Copyright law that has for long protected creators over works was facing enormous challenge in this digital space. One of the latest buzzwords around is that of Non-Fungible Tokens, which attracted some popular artists, tech enthusiasts, and legal scholars alike. They describe unique digital assets, often tied up with content like art, music videos, and even virtual real estate. Unlike cryptos, where one is just as good as the next, each of these NFTs has a characteristic different from its counterpart and is stored on a blockchain that provides an easily identifiable record of ownership. The underlying purpose of copyright law, much like in most others, is to protect the rights of the creators by making the rights over creations exclusively theirs. These rights shall include reproduction rights, distribution rights, and display rights so that they appropriately collect compensation for their mental work. NFT, however, has brought into question major issues regarding copyright laws around this newness. NFTs have placed digital art and content in a peculiar position that one would consider such assets to be sold, bought, and exchanged as separate properties. Thus, in general, it becomes unclear whether the ownership of the intellectual property that constitutes the NFT is legitimate.

KEYWORDS – Copyrights Act, India, NFT, Licensing, Blockchain Technology